HomeMy WebLinkAboutOrd 566-2011 Establishing New Subdivision Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 566-2011
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART III-A (SUBDIVISION REGULATIONS), REVISING
EXISTING REGULATIONS AND ESTABLISHING NEW REGULATIONS RELATED
TO SUBDIVISIONS; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR A PENALTY FOR VIOLATION NOT TO EXCEED
$2,000; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously
adopted standards, requirements, and procedures for and otherwise governing
subdivisions that are codified in Part III-A of The Anna City Code of Ordinances ("Anna
Code"); and
WHEREAS, the City Council has investigated and determined that it would be beneficial
and advantageous to provide for revised and additional standards, requirements, and
procedures related to subdivisions within the City and its extraterritorial jurisdiction;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments to Code
2.01 In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council
hereby amends Part III-A (Subdivision Regulations) of the Code by entirely replacing
said Part III-A with the Part III-A (Subdivision Regulations) attached to this
ordinance as Exhibit A, said Exhibit A being incorporated herein by reference as if
set forth in full, including without limitation the penalties set forth therein.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Ord. 566-2011 New Subdivision Ordinance PAGE 1 OF2 12-13-11
Section 4. Penalty
See Section 2.01 of this ordinance.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 13th day of December,
2011.
ATTESTED:
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Ord. 566-2011 New Subdivision Ordinance PAGE20F2 12-13-11
THE ANNA CITY
CODE OF ORDINANCES
PART III-A
(SUBDIVISION REGULATIONS)
Current through December 13, 2011
EXHIBIT
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CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE ii
TABLE OF CONTENTS
Article 1 GENERAL PROVISIONS .......................................................................................................................... 1
Section 1. Authority; Extension to Extraterritorial Jurisdiction ..................................................................................................... 1
Section 2. Interpretation and Purpose ......................................................................................................................................... 1
Section 3. Compliance with Regulations ..................................................................................................................................... 1
Section 4. Adequate Public Facilities Policy ............................................................................................................................... 2
Section 5. Jurisdiction .................................................................................................................................................................. 3
Section 6. Pending Applications .................................................................................................................................................. 4
Section 7. Determination of Vested Rights ................................................................................................................................. 4
Section 8. Interpretation; Conflict; Severability ........................................................................................................................... 5
Section 9. Saving Provision ......................................................................................................................................................... 6
Section 10. Waivers/Suspensions ................................................................................................................................................. 6
Section 11. Proportionality Appeal ................................................................................................................................................ 6
Section 12. Payment of All Indebtedness Attributable to a Specific Property ............................................................................... 8
Section 13. Right to Deny Hearing and Plat .................................................................................................................................. 8
Section 14. Misrepresentation of Facts ......................................................................................................................................... 8
Section 15. Diversity of Ownership ............................................................................................................................................... 9
Section 16. Building Permits Required in the City’s Extraterritorial Jurisdiction ........................................................................... 9
Section 17. Definitions ................................................................................................................................................................... 9
Article 2 PROCEDURES ........................................................................................................................................ 13
Section 1. General Requirements for Plats ............................................................................................................................... 13
Section 2. Expiration of Permits, Generally, Dormant Projects, and Exemptions from Vesting ............................................... 16
Section 3. Procedures and Submission Requirements for Preliminary Plat Approval .............................................................. 17
Section 4. Procedures and Submission Requirements for Final Plat Approval ........................................................................ 18
Section 5. Development Plats ................................................................................................................................................... 19
Section 6. RePlatting ................................................................................................................................................................. 20
Section 7. Amending Plats ........................................................................................................................................................ 21
Section 8. Plat Vacation ............................................................................................................................................................ 22
Section 9. Minor Plats ................................................................................................................................................................ 23
Article 3 SUBDIVISION DESIGN STANDARDS ................................................................................................... 23
Section 1. Streets ...................................................................................................................................................................... 23
Section 2. Perimeter and Approach Streets .............................................................................................................................. 29
Section 3. Alleys ........................................................................................................................................................................ 30
Section 4. Easements ................................................................................................................................................................ 31
Section 5. Blocks ....................................................................................................................................................................... 31
Section 6. Sidewalks ................................................................................................................................................................. 32
Section 7. Lots ........................................................................................................................................................................... 32
Section 8. Building Lines ........................................................................................................................................................... 33
Section 9. Utility Services not provided by the City of Anna ..................................................................................................... 33
Section 10. Water and Wastewater Facility Design .................................................................................................................... 34
Section 11. Storm Water Collection and Conveyance Systems ................................................................................................. 35
Article 4 PUBLIC SITES & OPEN SPACES .......................................................................................................... 35
Section 1. Areas for Public Use ................................................................................................................................................. 35
Section 2. Protection of Drainage and Creek Areas ................................................................................................................. 36
Section 3. Public Improvement Districts .................................................................................................................................... 37
Section 4. Property Owners or Homeowners Associations ...................................................................................................... 37
Section 5. Park Land & Public Facility Dedication .................................................................................................................... 38
Article 5 IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF SUBDIVISION .................................... 40
Section 1. Improvements, In General ........................................................................................................................................ 40
Section 2. Monuments ............................................................................................................................................................... 40
Section 3. Street Lights ............................................................................................................................................................. 41
Section 4. Street Names and Signs .......................................................................................................................................... 41
Section 5. Street and Alley Improvements ................................................................................................................................ 41
Section 6. Retaining Wall Requirements, Construction Regulations, and Design Criteria ....................................................... 42
Section 7. Screening and Landscaping Construction Regulations, Requirements, and Design Criteria ................................. 42
Section 8. Water and Wastewater Requirements ..................................................................................................................... 43
Section 9. Storm Drainage & Water Quality Controls ............................................................................................................... 44
Article 6 REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY ......................................... 44
Section 1. Withholding City Services and Improvements until Acceptance .............................................................................. 44
Section 2. Guarantee of Public Improvements .......................................................................................................................... 44
Section 3. Temporary Improvements ........................................................................................................................................ 47
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE iii
Section 4. Failure to Complete Improvements .......................................................................................................................... 47
Section 5. Acceptance of Dedication Offers .............................................................................................................................. 47
Section 6. Maintenance Guarantee ........................................................................................................................................... 47
Section 7. Construction Procedures .......................................................................................................................................... 47
Section 8. Inspection and Acceptance of Public Improvements ............................................................................................... 48
Section 9. Issuance of Building Permits and Certificates of Occupancy .................................................................................. 48
Article 7 FILING FEES; PLAT RE-SUBMISSION & CONSTRUCTION INSPECTION FEES .............................. 49
Section 1. Schedule of Fees and Re-Submission Requirements ............................................................................................. 49
Article 8 ENFORCEMENT; VIOLATIONS; PENALTIES ...................................................................................... 49
Section 1. Enforcement; Violations; Penalties .......................................................................................................................... 49
Article 9 TABLES AND DIAGRAMS ..................................................................................................................... 51
Article 10 APPENDIX A ........................................................................................................................................... 52
Article 11 APPENDIX B ........................................................................................................................................... 54
Article 12 OWNER’S CERTIFICATIONS ................................................................................................................. 56
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 1 of 57
Article 1 GENERAL PROVISIONS
Section 1. Authority; Extension to Extraterritorial
Jurisdiction
1.01 Authority
The following rules and regulations (sometimes referred to
herein as “Subdivision Regulations”), adopted and codified as
Part III - A of the Anna City Code of Ordinances (“Anna Code”)
is adopted under the authority of the Constitution and laws of the
State of Texas, including Chapter 212, Texas Local Government
Code, being adopted after a public hearing on the matter and in
a duly noticed meeting open to the public as required by law.
1.02 Application in the ETJ
The City Council hereby extends the application of these
Subdivision Regulations to the extraterritorial jurisdiction (“ETJ”)
of the City of Anna, as that area may exist from time to time.
These Subdivision Regulations shall be applicable to the filing of
Plats and the Subdivision of land, as those terms or activities
are defined herein and in Chapter 212 of the Texas Local
Government Code, within the corporate limits of the City of Anna
and its extraterritorial jurisdiction as they may be from time to
time adjusted by annexation, disannexation, or otherwise. The
City shall have all remedies and rights provided by said Chapter
212 with regard to the control and approval of Subdivisions,
Plats, and other development both within the City and within its
extraterritorial jurisdiction.
1.03 Interlocal Agreement with Collin County
The City has executed an interlocal cooperation agreement with
Collin County as authorized under Chapter 242 of the Texas
Local Government Code. Collin County has assigned the City its
respective authority to approve Subdivision Plats in the City’s
ETJ. The agreement generally provides for the City to enforce
its Subdivision regulations, within the applicable areas of the
ETJ. These Subdivision Regulations will therefore be enforced
to the fullest extent possible in the ETJ as agreed upon with
Collin County.
Section 2. Interpretation and Purpose
2.01 Minimum Requirements
In the interpretation and application of the provisions of these
Subdivision Regulations, it is the intention of the City that the
principles, standards and requirements provided for herein shall
be minimum requirements for the Platting and developing of
Subdivisions within the City of Anna and its ETJ.
2.02 Purpose
(a) The Subdivision and platting of land is one of the first steps
in the process of development. The distribution and
relationship of residential, nonresidential and agricultural
uses throughout the community, along with the system of
improvements for Streets, utilities, public facilities and
community amenities, determine, in large measure, the
quality of life enjoyed by the residents of the City.
(b) Health, safety, economy, amenities, environmental
sensitivity, and convenience are all factors which influence
and determine a community's quality of life and overall
character. A community's quality of life is of the public
interest. Consequently, the Subdivision of land, as it affects
a community's quality of life, is an activity where regulation
is a valid function of municipal government.
(c) The regulations contained herein are intended to
encourage the development of a quality municipal
environment by establishing standards for the provision of
adequate light, air, open space, storm water drainage,
transportation, public utilities and facilities, and other needs
necessary for ensuring the creation and continuance of a
healthy, attractive, safe and efficient community that
provides for the conservation, enhancement and protection
of its human and natural resources.
(d) Through the application of these regulations and
procedures, the interests of the public, as well as those of
public and private parties, both present and future, having
interest in property affected by these Subdivision
Regulations, are protected by the granting of certain rights
and privileges. By establishing a fair and rational procedure
for developing land, these Subdivision Regulations provide
for stability in the regulatory system governing development
of land for its most beneficial and safest use in accordance
with existing social, economic and environmental conditions
and in furtherance of the public health, safety and welfare.
2.03 Minimum Standards
Minimum standards for development are contained in the City of
Anna Design Standards, the Building Regulations in Part II,
Article 8 of the Anna Code, and the other development
regulations in Part III of the Anna Code. In Addition, the
Comprehensive Plan (including the Future Land Use Plan,
Thoroughfare Plan, Parks Master Plan, and other related plans,
and amendments) contains policies designed to achieve an
optimum quality of development in Anna and its extraterritorial
jurisdiction. If only the minimum standards are followed, as
expressed by the various ordinances regulating land
development, a standardization of development will occur. This
will produce a monotonous municipal setting and physical
environment within the community. Subdivision design shall be
of a quality that will carry out the purpose and spirit of the
policies expressed within the Comprehensive Plan and within
this Ordinance, and shall be encouraged to exceed the minimum
standards required herein.
Section 3. Compliance with Regulations
3.01 Recordation of Subdivision Plat
(a) No Subdivision Plat shall be recorded until a Final Plat,
accurately describing the property, has been approved by
the City Council in accordance with these Subdivision
Regulations and:
(1) all improvements required by these Subdivision
Regulations have been constructed and accepted by
the City of Anna; or
(2) adequate security for completion of improvements
have been provided in accordance with Article 6 of
these Subdivision Regulations.
(b) Except as otherwise specifically authorized in these
Subdivision Regulations, no building permit or Floodplain
Development Permit shall be issued by the City for any
parcel of land until a Final Plat—or Development Plat, as
applicable—of the land has been recorded.
(c) Compliance with the Comprehensive Plan and all City
ordinances pertaining to the Subdivision of land shall be
required prior to approval of any development application
governed by this Ordinance. It is the developer’s
responsibility to be familiar with, and to comply with, City
ordinances and the Comprehensive Plan. Applicable
ordinances and other requirements include, but are not
limited to, the following:
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 2 of 57
(1) the Comprehensive Plan, which includes the Future
Land Use Plan, Thoroughfare Plan, Park Master Plan,
and all other associated maps and plans;
(2) the Building Regulations in Part II, Article 8 of the Anna
Code;
(3) the development regulations in Part III of the Anna
Code; and
(4) all applicable Design Standards; and
(5) other applicable sections in the Anna Code and any
other applicable ordinances.
Section 4. Adequate Public Facilities Policy
4.01 Adequate Service for Areas Proposed for
Development, Generally
(a) Land proposed for development in the City and in the City's
extraterritorial jurisdiction must be served adequately by
essential public facilities and services, including water
facilities, wastewater facilities, Streets and pedestrian
facilities, drainage facilities and park facilities consistent
with the requirements of these Subdivision Regulations.
Where the development of land requires the submission
and approval of a Preliminary Plat, Final Plat, or
Development Plat under these Subdivision Regulations,
such land shall not be approved for recording unless and
until adequate public facilities necessary to serve the
development exist or provision has been made for the
facilities, whether the facilities are to be located within the
property being developed or offsite.
(b) New development must be supported by adequate levels of
public facilities and services.
(c) It is necessary and desirable to provide for dedication of
Rights-of-Way and Easements for capital improvements to
support new development at the earliest stage of the
development process.
(d) Requirements for dedication and construction of Public
Infrastructure Improvements to serve a proposed new
development should be attached as conditions of approval
of any Development Application that contains a specific
layout of the development.
(e) There is an essential nexus between the demand on Public
Facilities Systems created by a new development and the
requirement to dedicate Rights-of-Way and Easements and
to construct capital improvements to offset such impacts.
(f) The City desires to assure both that development impacts
are mitigated through contributions of Rights-of-Way,
Easements and construction of capital improvements, and
that a development project contribute not more than its
proportionate share of such costs.
4.02 Conformance to Plans
Proposed capital improvements serving new development shall
conform to and be properly related to the public-facilities
elements of the City's adopted Comprehensive Plan, other
adopted Master Plans for public facilities and services, and
applicable capital improvements plans, and shall meet the
service levels specified in such plans.
4.03 Adequacy of Facilities, Generally
(a) Water. All Lots, tracts or parcels shown on a Preliminary or
Final Plat and on which development is proposed shall be
connected to a public water system which has capacity to
provide water for domestic use and emergency purposes,
including adequate fire protection. The City may require
the phasing of development and/or improvements in order
to maintain adequate water system capacity.
(b) Wastewater. All Lots, tracts or parcels shown on a
Preliminary or Final Plat and on which development is
proposed shall be served by an approved means of
wastewater collection and treatment. The City may require
the phasing of development and/or improvements in order
to maintain adequate wastewater system capacity.
(c) Streets. Proposed Streets serving new development shall
provide a safe, convenient and functional system for
vehicular, bicycle and pedestrian circulation and shall be
properly related to the applicable master Thoroughfare plan
and any amendments thereto, and shall be appropriate for
the particular traffic characteristics of each proposed
Subdivision or development. New developments shall be
supported by a Thoroughfare network having adequate
capacity, and safe and efficient traffic circulation. Each
development shall have adequate access to the
Thoroughfare network.
(d) Drainage. Drainage improvements serving new
developments shall accommodate potential runoff from the
entire upstream drainage area and shall be designed to
prevent overloading the capacity of the downstream
drainage system. The City may require the phasing of
development, the use of control methods such as retention
or detention, or the construction of off-site drainage
improvements in order to mitigate the impacts of the
proposed development. All drainage shall further comply
with the City’s Floodplain Damage Prevention Ordinance
and related regulations.
4.04 City Options
In order to maintain prescribed levels of public facilities and
services for the health, safety and general welfare of its citizens,
and in accordance with these Subdivision Regulations, the City
may require the dedication of Easements and Rights-of-Way for
or construction of on-site or off-site Public Infrastructure
Improvements for water, wastewater, Street, drainage or park
facilities to serve a proposed development, or require the
payment of fees in lieu thereof. If adequate levels of public
facilities and services cannot be provided concurrently with the
schedule of development proposed, the City may deny the
development until the public facilities and services can be
provided, or require that the development be phased so that the
delivery of facilities and services coincides with the demands for
the facilities created by the development. The City may impose
any conditions relating to the provision of Public Improvements
specified by an ordinance or regulation establishing or amending
the zoning for the property.
4.05 Property Owner’s Obligation
(a) Dedication and Construction of Improvements. In
accordance with these Subdivision Regulations, and other
applicable ordinances and regulations, the Property Owner
shall dedicate all Rights-of-Way and Easements for, and
shall construct, capital improvements within the Rights-of-
Way or Easements for those water, wastewater, Street or
drainage improvements needed to adequately serve a
proposed development consistent with the applicable
master facilities plans, whether the facilities are located on,
adjacent to or outside the boundaries of the property being
developed.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 3 of 57
(1) Adjacent Road Improvements. In the case of adjacent
or abutting Streets, the City may require that the entire
Right-of-Way be dedicated and improved to City
Design Standards, depending on factors such as the
impact of the development on the Street, the timing of
development in relation to need for the Street, and the
likelihood that adjoining property will develop in a
timely manner.
(2) Substandard Road Improvements. Where an existing
Street that does not meet the City's Right-of-Way or
Design Standards abuts a proposed development, the
City may require the Property Owner to dedicate the
Right-of-Way for a standard width, and to improve the
Street according to the dimensions and specifications
in the applicable Thoroughfare plan, depending on
factors such as the impact of the development on
Streets and traffic, the timing of development in
relation to the need for the Thoroughfare, and the
likelihood that adjoining property will develop in a
timely manner.
(b) Acquisition. Where acquisition of any real property for
Right-of-Way or Easement purposes (or other public
purposes) is necessary to serve the development and the
real property is not owned or controlled by the developer,
the developer must make a reasonable effort to negotiate
the acquisition or purchase of the property, Right-of-Way or
Easement on behalf of the City.
(1) A reasonable effort must at a minimum include an offer
to secure the property, Right-of-Way or Easement
where the offer amount is equal to or greater than the
appraised value of the property, Right-of-Way or
Easement to be acquired as determined in a written
appraisal performed by a Texas Certified General Real
Estate Appraiser.
(2) If the owner of the property sought to be acquired does
not accept a the developer’s offer within 30 days, the
developer may request in writing, on a form prepared
by the City Attorney, that the City Council exercise
available legal remedies to acquire the property. The
City Council may take any action it deems appropriate
in accordance with federal and state law.
(3) The developer must pay for any necessary appraisal,
all acquisition costs, and all legal fees necessary to
acquire the property, and any eminent domain
procedures shall be prosecuted by the City Attorney or
the City Attorney’s designee.
(c) Facilities Impact Studies. The City may require that a
Property Owner prepare a comprehensive traffic impact
study, drainage study or other public facilities study in order
to assist the City in determining whether a proposed
development will be supported with levels of public facilities
and services necessary to meet the demand and offset the
impact created by the development. The study shall identify
at a minimum the adequacy of existing facilities and the
nature and extent of any deficiencies, and the capital
improvements needed to meet the adopted level of service
assuming development at the intensity proposed in the
Development Application. The study shall be subject to
approval by the City Engineer. The City also may require, at
the time of consideration of the approval of any subsequent
permit that is part of the series of permits that is required for
completion of a project, an update of a public facilities study
approved.
4.06 Timing of Dedication and Construction
(a) Initial Provision for Dedication or Construction. The City
shall require an initial demonstration that a proposed
development shall be adequately served by public facilities
and services at the time for approval of the first
Development Application that portrays a specific plan of
development, including but not limited to a petition for
establishing a planned development zoning district, or other
overlay zoning district; a petition for an annexation
agreement or a Subdivision Development Agreement; an
Application for a Preliminary or Final Subdivision Plat, or a
Preliminary or Final Development Plat. As a condition of
approval of the Development Application, the City may
require provision for dedication of property, Rights-of-Way
or Easements for, and construction of, capital
improvements to serve the proposed development in a
manner consistent with federal and state law.
(b) Deferral of Obligation. The obligation to dedicate Rights-of-
Way for or to construct one or more capital improvements
to serve a new development may be deferred until approval
of a subsequent phase of the Subdivision, at the sole
discretion of the City Manager, upon written request of the
Property Owner, or at the City’s own initiative. As a
condition of deferring the obligation, the City may require
that the developer enter into a Subdivision Improvement
Agreement, specifying the time for dedication of property,
Rights-of-Way, Easement or construction of capital
improvements serving the development.
Section 5. Jurisdiction
5.01 Applicability
The provisions of these Subdivision Regulations shall apply to
the following forms of land Subdivision and development activity
within the City limits and its extraterritorial jurisdiction:
(1) the division of land into two or more tracts, Lots, sites
or parcels;
(2) all Subdivisions of land whether by metes and bounds
division or by Plat, which were outside the jurisdiction
of the these Subdivision Regulations in Collin County,
Texas and which subsequently came within the
jurisdiction of these Subdivision Regulations through
annexation, or extension of the City's extraterritorial
jurisdiction;
(3) the combining of two or more Contiguous tracts, Lots,
sites or parcels for the purpose of creating one or more
legal Lots in order to achieve a more developable site,
except as otherwise provided herein;
(4) when a building permit or other permit is required for
the following uses:
(i) Construction of a new single-family or two-family
dwelling unit(s);
(ii) Additions that increase the square footage of an
existing single family or two-family home by more
than 20% of its gross floor area;
(iii) Construction of a new nonresidential or multiple-
family structure;
(iv) Additions, that increase the square footage of an
existing nonresidential or multiple-family building;
(v) Moving a residential dwelling unit or non-
residential structure onto a piece of property;
(5) tracts where any Public Improvements are proposed;
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 4 of 57
(6) whenever a Property Owner proposes to divide land
lying within the City or its extraterritorial jurisdiction into
two or more tracts, and claims exemption from
Subchapter A of Chapter 212 of the Texas Local
Government Code for purposes of development, that
results in parcels or Lots all greater than five acres in
size (in the event that development of any such tract is
intended, and where no Public Improvement is
proposed to be dedicated, the Property Owner shall
first obtain approval of a Development Plat that meets
the requirements of Texas Local Government Code
Chapter 212, Subchapter B, Regulation of Property
Development, sections 212.041 through 212.050, as
may be amended);
(7) development that requires a Development Plat to be
submitted; and
(8) development that is governed by other City ordinances
or regulations that reference and make applicable
these Subdivision Regulations.
5.02 Exemptions
The provisions of these Subdivision Regulations shall not apply
to the following:
(1) development of land legally Platted and approved prior
to the effective date of these Subdivision Regulations,
except as otherwise provided for herein (construction
of facilities and structures shall conform to design and
construction standards in effect at the time of
construction) and for which no re-Subdivision is
sought; or
(2) existing cemeteries complying with all State and local
laws and regulations; or
(3) divisions of land created by order of a court of
competent jurisdiction;
(4) divisions of land created solely by the erection of one
or more fences on otherwise undivided land; or
(5) when a permit is requested for parcels, whether or not
previously platted, for one or more of the following
activities:
(i) additions, that increase the square footage of
an existing single family or two family home by
less than 20% of its gross floor area;
(ii) construction of Agricultural Accessory Buildings
and Residential Accessory Buildings smaller
than 300 square feet, fences, and outdoor
swimming pools;
(iii) remodel or repair of a building which involves
no expansion of the building footprint; or
(iv) moving a structure off a Lot or parcel, or
demolition of a structure.
Section 6. Pending Applications
All Applications for Plat approval, including for Final Plats, that
are pending on the effective date of these Subdivision
Regulations and which have not lapsed or expired shall be
reviewed under the regulations in effect immediately preceding
the effective date of these Subdivision Regulations.
Section 7. Determination of Vested Rights
7.01 Purpose, Application and Effect
(a) Purpose. The purpose of a vested rights petition is to
determine whether one or more standards of these
Subdivision Regulations should not be applied to a
preliminary or Final Plat Application by operation of state
law, or whether certain Plats are subject to expiration.
(b) Applicability. A vested rights petition may be filed with an
Application for a preliminary or Final Plat Application. A
vested rights petition also may be filed to prevent or
determine the date of the expiration of certain Plats.
(c) Effect. To the extent that a vested rights petition is granted,
and as applicable, the Plat Application shall be decided in
accordance with the standards specified in the order
granting the petition based on prior Subdivision
requirements or development standards, or the approved
Plat otherwise subject to expiration shall be extended.
7.02 Petition Requirements
(a) Who May Petition. A vested rights petition may be filed by a
Property Owner or the owner's authorized agents, including
the Applicant, with a Preliminary or Final Plat Application, or
by the holder of a Plat subject to expiration.
(b) Form of Petition. The vested rights petition shall allege that
the petitioner has a vested right for some or all of the land
subject to the Plat Application under Texas Local
Government Code, Chapter 245 or successor statute, or
pursuant to Texas Local Government Code, § 43.002 or
successor statute, that requires the City to review and
decide the Application under standards in effect prior to the
effective date of the currently applicable standards. The
petition shall include the following information and
documents:
(1) A narrative description of the grounds for the petition;
(2) A copy of each approved or pending development
application which is the basis for the contention that
the city may not apply current standards to the Plat
application which is the subject of the petition;
(3) The Submission Date of the Plat application, or of a
development plan pursuant to which the Plat was
subsequently filed, if different from the Completion
Filing Date.
(4) The date the project for which the application for the
Plat was submitted was commenced.
(5) Identification of all standards otherwise applicable to
the Plat application from which relief is sought;
(6) Identification of the standards which the petitioner
contends apply to the Plat application;
(7) Identification of any current standards which petitioner
agrees can be applied to the Plat application at issue;
(8) A copy of any prior vested rights determination by the
city involving the same land; and
(9) Where the petitioner alleges that a Plat subject to
expiration should not be terminated, a description of
the events, including any Plat or other Development
Applications on file that should prevent such
termination.
(c) Time for Filing Petition. A vested rights petition shall be filed
with a Plat Application for which a vested right is claimed,
except that the petition may be filed at any time before the
date of expiration of a Plat subject to expiration to prevent
expiration or determine the date of expiration.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 5 of 57
7.03 Processing of Petition and Decision
(a) Delivery of Petition. The petitioner shall file the petition with
the Planning Director, who shall assess same for
compliance with section 7.02. A copy of the petition shall be
forwarded to the City Attorney following acceptance.
(b) Decision by City Council. The City Council shall decide the
vested rights petition. The request must be accompanied by
a waiver of the time for decision on the Plat Application
imposed under these Subdivision Regulations pending
decision by the Council, which shall stay further
proceedings on the Application. The Council shall decide
the petition, after considering the Planning Director’s report
within 30 calendar days of receipt of the notice of appeal.
7.04 Action on Petition and Order
(a) Action on the Petition. The City Council may take any of the
following actions on the vested rights petition:
(1) Deny the relief requested in the petition, and direct that
the Plat Application shall be reviewed and decided
under currently applicable standards;
(2) Grant the relief requested in the petition, and direct
that the Plat Application shall be reviewed and decided
in accordance with the standards contained in
identified prior Subdivision regulations;
(3) Grant the relief requested in part, and direct that
certain identified current standards shall be applied to
the Plat Application, while standards contained in
identified prior Subdivision Regulations also shall be
applied; or
(4) For petitions filed to prevent or determine the date of
the expiration of an approved Plat, determine whether
the approved Plat should be terminated, or specify the
expiration date or the conditions of expiration for such
Plat.
(b) Order on the Petition. Each decision on the vested rights
petition shall be memorialized in an order issued by the City
Council identifying the following:
(1) The nature of the relief granted, if any;
(2) The approved or filed Plat application(s) or other
development application(s) upon which relief is
premised under the petition;
(3) Current standards which shall apply to the Plat
application for which relief is sought;
(4) Prior standards which shall apply to the Plat
application for which relief is sought, including any
procedural standards;
(5) The statutory exception or other grounds upon which
relief is denied in whole or in part on the petition;
(6) For petitions filed to prevent or determine the date of
the expiration of an approved Plat, determine whether
the approved Plat should be terminated, and specify
the expiration date or the conditions of expiration for
the Plat.
7.05 Criteria for Approval
The City Council shall decide the vested rights petition based
upon the following factors:
(1) The nature and extent of Prior Plat or other
Development Applications filed or approved for the
land subject to the petition;
(2) Whether any prior vested rights determinations have
been made with respect to the property subject to the
petition;
(3) Whether any prior approved Applications for the
property have expired or have been terminated in
accordance with law;
(4) Whether any statutory exception applies to the
standards in the current Subdivision Regulations from
which the Applicant seeks relief;
(5) Whether any prior approved Plat or other Development
Applications relied upon by the petitioner have expired;
(6) For petitions filed to prevent or determine the date of
the expiration of an approved Plat, whether any of the
events preventing expiration have occurred.
7.06 Application Following Relief Order
Following the City Council's final decision on the vested rights
petition, the Property Owner shall conform the Plat Application
for which relief is sought to such decision. If the Plat Application
on file is consistent with the relief granted on the vested rights
petition, no revisions are necessary. Where proceedings have
been stayed on the Plat Application pending a decision by the
City Council on the vested rights petition, proceedings on the
Application shall resume after the Council's decision on the
vested rights petition.
7.07 Expiration
Relief granted on a vested rights petition shall expire on
occurrence of one of the following events:
(1) The petitioner or Property Owner fails to submit a
required revised Plat Application consistent with the
relief granted within 30 days of the final decision on the
petition;
(2) The Plat Application for which relief was granted on
the vested rights petition is denied under the criteria
made applicable through the relief granted on the
petition; or
(3) The Plat Application for which relief was granted on
the vested rights petition expires.
Section 8. Interpretation; Conflict; Severability
8.01 Interpretation
In their interpretation and application, these Subdivision
Regulations shall be held to be the minimum requirements for
the promotion of the public health, safety and general welfare
and shall be construed broadly to promote the purposes for
which they are adopted.
8.02 Conflict with Other Laws
To the extent that these Subdivision Regulations promulgate
standards or impose restrictions or duties that differ from those
imposed by other city ordinances, rules or regulations, the
regulations that are most stringent or restrictive shall prevail.
8.03 Severability
If any part or provision of these Subdivision Regulations, or the
application of these Subdivision Regulations to any Person or
circumstance, is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 6 of 57
part, provision, or application directly involved in the controversy
in which the judgment shall be rendered, and it shall not affect or
impair the validity of the remainder of these regulations or the
application of them to other Persons or circumstances. The City
Council hereby declares that it would have enacted the
remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
Section 9. Saving Provision
These Subdivision Regulations shall not be construed as
abating any action now pending under, or by virtue of, prior
existing Subdivision regulations, or as discontinuing, abating,
modifying or altering any penalty accruing or about to accrue, or
as affecting the liability of any Person, firm or corporation, or as
waiving any right of the City under any section or provision
existing at the time of adoption of these Subdivision
Regulations, or as vacating or annulling any rights obtained by
any Person, firm or corporation, by lawful action of the City
except as shall be expressly provided in these Subdivision
Regulations.
Section 10. Waivers/Suspensions
10.01 General
(a) Where the City Council finds that undue hardships will
result from strict compliance with a certain provision(s) of
these Subdivision Regulations, or where the purposes of
these regulations may be served to a greater extent by an
alternative proposal, the City Council may approve a
waiver/suspension from any portion of these regulations so
that substantial justice may be done and the public interest
is secured, provided that the waiver/suspension shall not
have the effect of nullifying the intent and purpose of these
regulations, and further provided that the City Council shall
not approve a waiver/suspension unless it shall make
findings based upon the evidence presented to it in each
specific case that:
(1) Granting the waiver/suspension will not be detrimental
to the public safety, health or welfare, and will not be
injurious to other property or to the owners of other
property, and the waiver/suspension will not prevent
the orderly Subdivision of other property in the vicinity;
(2) The conditions upon which the request for a
waiver/suspension is based are unique to the property
for which the waiver/suspension is sought, and are not
applicable generally to other property;
(3) Because of the particular physical surroundings, shape
and/or topographical conditions of the specific property
involved, a particular undue hardship to the Property
Owner would result, as distinguished from a mere
inconvenience or increased expense, if the strict letter
of these regulations is carried out;
(4) The waiver/suspension will not in any manner vary the
provisions of the Zoning Ordinance, Comprehensive
Plan (as amended), or any other adopted plan(s) or
ordinance(s) of the City; and
(5) An alternate design will generally achieve the same
result or intent as the standards and regulations
prescribed herein.
(b) Such findings of the City Council, together with the specific
facts upon which such findings are based, shall be
incorporated into the official record of the City Council
meeting at which a waiver/suspension is considered.
10.02 Procedures
(a) A petition for a waiver/suspension shall be submitted in
writing to the City Manager or the City Manger’s designee
by the Property Owner before the Plat is officially filed and
submitted for the consideration by the Planning & Zoning
Commission. The petition shall state fully the grounds for
the Application, and all of the facts relied upon by the
petitioner.
(b) All waivers/suspensions shall be considered by the
Planning & Zoning Commission. The Planning & Zoning
Commission shall recommend that the City Council either
approve or deny the waiver/suspension.
(c) All waivers/suspensions shall have final approval or
disapproval by the City Council.
10.03 Criteria for Waivers/Suspensions from Development
Dedications
Where the City Council finds that the imposition of any
development dedication pursuant to these regulations exceeds
reasonable benefit to the Property Owner, or is so excessive as
to constitute confiscation of the tract to be Platted, it may
approve a full or partial, at its discretion, waiver/suspension to
such requirements, so as to prevent such excess. In order to
qualify for such a waiver/suspension, the Property Owner shall
demonstrate that the costs of the dedication imposed pursuant
to these Subdivision Regulations substantially exceeds the
proportionality standards as outlined in Article 1, Section 11 of
these Subdivision Regulations.
10.04 Criteria for Waivers/Suspensions for Street
Dedications
Where the City Council finds that the imposition of any
dedication or construction requirement for Streets pursuant to
these regulations exceeds reasonable benefit to the property to
be Platted, it may approve waivers/suspensions for such
requirements so as to prevent such excess. In order to qualify
for such a waiver/suspension, the Property Owner shall
demonstrate that the costs of Right-of-Way dedication and
construction of Streets other than Streets classified as Local
Streets imposed pursuant to these regulations substantially
exceeds the proportionality standards as outlined in Article 1,
Section 11 of these Subdivision Regulations.
10.05 Conditions on Approved Waiver/Suspension
In approving a waiver/suspension, the City Council may require
such conditions as will, in its judgment, secure substantially the
purposes described in Article 1, Section 2 of these Subdivision
Regulations.
Section 11. Proportionality Appeal
11.01 Definitions
For the purposes of this section, the following terms, phrases,
words, and their derivatives shall have the meanings given
herein. Definitions not expressly prescribed herein are to be
determined in accordance with customary usage in municipal
planning and Engineering practices. Words used in the present
tense include the future, words in the plural number include the
singular number, and words in the singular number include the
plural. The words "shall" and “must” are deemed as mandatory.
The word "may" is deemed as permissive.
Public Infrastructure Improvement means a water, wastewater,
Street, drainage or park facility that is a part of one or more of
the City’s Public Facilities Systems.
Public Facilities System means the collection of water,
wastewater, Street, drainage or park facilities owned or operated
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 7 of 57
by or on behalf of the City for the purpose of providing services
to the public, including existing and new developments.
11.02 Purpose, Applicability & Effect
(a) Purpose. The purpose of a proportionality appeal is to
assure that a requirement to dedicate, construct or pay a
fee for a Public Infrastructure Improvement imposed on a
proposed Plat as a condition of approval does not result in
a disproportionate cost burden on the Property Owner,
taking into consideration the nature and extent of the
demands created by the proposed development on the
City's Public Facilities Systems.
(b) Applicability. An appeal under this section may be filed by a
Property Owner to contest any requirement to dedicate
land, to construct improvements or to pay development
fees (other than impact fees adopted under Tex. Local
Gov’t Code Chapter 395), for a Public Infrastructure
Improvement, which requirement is imposed under the
City’s Subdivision Regulations to a Plat Application
pursuant to these Subdivision Regulations, whether the
requirement is applicable under uniform standards, or is
imposed pursuant to an individual evaluation of the
proposed Subdivision.
11.03 Proportionality Determination by City Engineer
Prior to a decision by the Planning & Zoning Commission on a
Preliminary Plat Application, or if no Preliminary Plat Application
is required, on a Final Plat Application, the City Engineer (who
for the purposes of this section 11.03 must be a licensed
professional Engineer) shall affirm that Public Infrastructure
Improvements being imposed as a condition of Plat approval is
roughly proportionate to the demand created by the
development on the City’s Public Facilities Systems, taking into
consideration the nature and extent of the development
proposed.
(1) In making his proportionality determination, the City
Engineer may rely upon categorical findings pertaining
to On-Site Improvements; the proposed or potential
use of the land; the timing and sequence of
development in relation to availability of adequate
levels of public facilities; impact fee studies or other
studies that measure the demand for services created
by the development and the impact on the City’s Public
Facilities Systems; the function of the Public
Infrastructure Improvements in serving the proposed
development; the degree to which Public Infrastructure
Improvements to serve the Subdivision are supplied by
other developments; the anticipated participation by
the City in the costs of such improvements; any
reimbursements for the costs of Public Infrastructure
Improvements for which the proposed development is
eligible; or any other information relating to the
mitigating effects of the Public Infrastructure
Improvements on the impacts created by the
development on the City’s Public Facilities Systems.
(2) Based upon his proportionality determination, the City
Engineer shall affirm that the Public Infrastructure
Improvement requirements of the Subdivision
Regulations do not impose costs on the developer for
such improvements that exceed those roughly
proportionate to those incurred by the City in providing
public facilities to serve the development.
(3) The City Engineer may promulgate any Application
requirements that may assist in making the
proportionality determination required by this section
11.03.
11.04 Commission and City Council Determination
The Planning & Zoning Commission and City Council shall take
into account the City’s Engineer’s report concerning the
proportionality of Public Infrastructure Improvement
requirements to be applied to a proposed preliminary or Final
Plat Application, as the case may be, in making its decision on
the Plat Application, and shall identify any variation to the
requirements that are to be included as conditions to Plat
approval.
11.05 Appeals
(a) Who May Appeal. An appeal to the City Council under this
section 11.05 may be filed by a Property Owner or the
Applicant for a Preliminary or Final Plat, in which a
requirement to dedicate land for, construct or pay a fee,
other than an impact fee, for a Public Infrastructure
Improvement has been applied or attached as a condition
of approval, or as grounds for denying the Plat Application.
(b) Time for Filing and Request for Extension of Time. The
appeal shall be filed in writing within 10 days of the date the
Planning & Zoning Commission takes action to recommend
applying the Public Infrastructure Improvement requirement
to the Plat Application. The appeal shall be filed with the
City Manager or the Manager’s designee and shall be
forwarded to the City Council for consideration in
conjunction with its deliberations on the Plat Application.
The Applicant may request postponement of consideration
of the Plat Application by the City Council pending
preparation of the study required by subsection (d) below,
in which case the Applicant must officially withdraw the Plat
application from consideration.
(c) Form of Appeal. An appeal under this section 11.05 shall
allege that Application of the standard or the imposition of
conditions relating to the dedication, construction or fee
requirement (other than impact fees adopted under Tex.
Local Gov’t Code Chapter 395) is not roughly proportional
to the nature and extent of the impacts created by the
proposed development on the City's Public Facilities
Systems, or does not reasonably benefit the proposed
development.
(d) Study Required. The appellant shall provide a study in
support of the appeal that includes the following information
within 30 days of the date of appeal, unless a longer time is
requested:
(1) Total capacity of the City's water, wastewater, Street,
drainage or park system to be utilized by the proposed
development, employing standard measures of
capacity and equivalency tables relating the type of
development proposed to the quantity of system
capacity to be consumed by the development. If the
proposed development is to be developed in phases,
such information also shall be provided for the entire
development proposed, including any phases already
developed.
(2) Total capacity to be supplied to the City's water,
wastewater, Street, drainage or park facilities system
by the dedication of an interest in land, construction of
improvements or fee contribution. If the Plat
Application is proposed as a phased development, the
information shall include any capacity supplied by prior
dedication, construction or fee payments.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 8 of 57
(3) Comparison of the capacity of the City's Public
Facilities System(s) to be consumed by the proposed
development with the capacity to be supplied to such
system(s) by the proposed dedication of an interest in
land, construction of improvements, or fee payment. In
making this comparison, the impacts on the City's
Public Facilities System(s) from the entire
development shall be considered.
(4) The amount of any City participation in the costs of
oversizing the Public Infrastructure Improvement to be
constructed in accordance with the City's
requirements.
(5) Any other information that shows the alleged
disproportionality between the impacts created by the
proposed development and the dedication,
construction or fee requirement imposed by the City.
11.06 Land in Extraterritorial Jurisdiction
Where the Subdivision or the Public Infrastructure
Improvements are located in the extraterritorial jurisdiction of the
City and are to be dedicated to a county under an interlocal
agreement under Tex. Loc. Gov't Code Chapter 242, an appeal
or study in support of the appeal shall not be accepted as
complete for filing by the City Manager unless the appeal or
study is accompanied by verification that a copy has been
delivered to Collin County.
11.07 Decision
(a) The City Council shall decide the appeal in conjunction with
its decision on the Plat Application. The Council shall base
its decision on the criteria listed in section 11.08 below, and
may take one of the following actions:
(b) Deny the appeal, and impose the standard or condition on
the Plat Application in accordance with the City Engineer’s
recommendation or the Planning & Zoning Commission’s
recommendation on the Plat; or
(c) Deny the appeal, upon finding that the proposed dedication,
construction or fee requirements are inadequate to offset
the impacts of the Subdivision on the Public Facilities
System for water, wastewater, Street, drainage or park
improvements, and either deny the Plat Application or
require that additional Public Infrastructure Improvements
be made as a condition of approval of the Application; or
(d) Grant the appeal, and waive in whole or in part any
dedication, construction or fee requirement for Public
Infrastructure Improvements to the extent necessary to
achieve proportionality; or
(e) Grant the appeal, and direct that the City participate in the
costs of acquiring land for or constructing the Public
Infrastructure Improvement under standard participation
policies.
11.08 Criteria for Approval
In deciding an appeal under this section 11, the City Council
shall determine whether the application of the standard or
condition requiring dedication of an interest in land for,
construction of, or payment of a fee for Public Infrastructure
Improvements is roughly proportional to the nature and extent of
the impacts created by the proposed Subdivision on the City’s
Public Facilities Systems for water, wastewater, Street, drainage
or park facilities, and reasonably benefits the development. In
making such determination, the Council shall consider the
evidence submitted by the appellant, the City Engineer's report
and recommendation, considering in particular the factors
identified in Section 11.03 above, and, where the property is
located within the City's extraterritorial jurisdiction, any
recommendations from the county.
11.09 Action Following Decision
If the relief requested under the proportionality appeal is granted
in whole or in part by the City Council, the dedication,
construction or fee requirement initially recommended by the
Planning & Zoning Commission as a condition of Plat approval
shall be modified accordingly, and the standards applied or the
conditions attached to Commission’s recommendation on the
Plat Application shall be conformed to the relief granted.
Thereafter, the appellant shall resubmit the Plat Application to
the City Council within 90 days of the date relief under the
appeal is granted, in whole or in part, showing conformity with
the City Council's decision on the appeal.
11.10 Expiration of Relief
If an Applicant for Plat approval prevails on a proportionality
appeal, but fails to conform the Plat to the relief granted by the
City Council with the 90-day period provided, the relief granted
by the City Council on the appeal shall expire and:
(1) The Council may extend the time for filing the revised
Plat Application for good cause shown, but in any
event, the expiration date for the relief granted shall
not be extended beyond one year from the date relief
was granted on the appeal.
(2) If the Plat Application is modified to increase the
number of residential units or the intensity of
non-residential uses, the responsible official may
require a new study to validate the relief granted by the
City Council.
(3) If the Plat Application for which relief was granted is
denied on other grounds, a new petition for relief shall
be required on any subsequent Application.
Section 12. Payment of All Indebtedness Attributable to a
Specific Property
No Person who owes delinquent taxes, delinquent paving
assessments, delinquent fees, or any other delinquent debts or
obligations to the City of Anna, and which are directly
attributable to a piece of property, shall be allowed to receive
approval for any Plat or RePlat until the taxes, assessments,
debts or obligations directly attributable to said property and
owed by the Property Owner or a previous owner thereof shall
have been first fully discharged by payment, or until an
arrangement satisfactory to the City Manager has been made
for the payment of such debts or obligations. It shall be the
Applicant's responsibility to provide evidence or proof that all
taxes, assessments, debts or obligations have been paid at the
time of submission for any Application for approval under these
Subdivision Regulations. A tax certificate shall also be provided
as required by section 12.002 of the Texas Property Code.
Section 13. Right to Deny Hearing and Plat
The City may deny a hearing and any Application pursuant to
these Subdivision Regulations if the Applicant does not submit
all information and fees required by these Subdivision
Regulations.
Section 14. Misrepresentation of Facts
It shall be a violation of these Subdivision Regulations for any
Person to knowingly or willfully misrepresent, or fail to include,
any information required by these Subdivision Regulations in
any Plat Application or during any public hearing or meeting of
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 9 of 57
the Planning & Zoning Commission or City Council. Such a
violation shall constitute grounds for denial of the Plat.
Section 15. Diversity of Ownership
Where the desirable development of a residential neighborhood,
business park, commercial center, or other planned
development is dependent upon coordination of diverse land
ownership (i.e., separate tracts of land owned by more than one
Person), the Planning Director may require that an overall area
or neighborhood study be prepared prior to and as an additional
requirement and condition of the submission of any Plat
application so that individual Subdivisions may be developed in
harmony with one another and their environs in accordance with
the Comprehensive Plan.
Section 16. Building Permits Required in the City’s
Extraterritorial Jurisdiction
16.01 Submittal of Plans
Before construction of any structure proposed to be located in a
Subdivision within the City’s Extraterritorial Jurisdiction may
begin, plans for construction shall be submitted for review by the
City or its designated plan reviewer. The plans shall meet the
same requirements and are subject to the same standards of
review as plans for structures located within the City’s corporate
limits.
16.02 Fees
Fees shall be collected for building permit review and
inspections at the same rate charged for structures located
within the City’s corporate limits.
16.03 Platting
Before the issuance of a building permit, the property upon
which the proposed structure is planned to be located shall have
been Platted in accordance with these Subdivision Regulations
as applicable to development in the City’s Extraterritorial
Jurisdiction.
Section 17. Definitions
For the purpose of these Subdivision Regulations, the following
terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context,
words used in the present tense shall include the future tense;
words in the plural number shall include the singular number
(and vice versa); and words in the masculine gender shall
include the feminine gender (and vice versa). When words and
terms are defined herein, and are also defined in another City
ordinance, they shall be read in harmony unless there exists an
irreconcilable conflict, in which case the definition contained in
these Subdivision Regulations shall control. Definitions not
expressly prescribed herein are to be determined in accordance
with customary usage in municipal planning and Engineering
practices. If no such customary usage exists, the definition
found within the latest edition of Webster’s Dictionary shall be
used. The word "shall" is always mandatory, while the word
"may" is merely directory.
Addition means a Lot, tract or parcel of land lying within the
corporate boundaries or extraterritorial jurisdiction of the City
which is intended for the purpose of Subdivision or
development.
Administrative Officers or Officials means any officer of the City
referred to in these Subdivision Regulations by title – including
but not limited to the Planning Director, City Manager, City
Engineer, City Secretary, Fire Chief, Police Chief, Public Works
Director and Chief Building Official – shall be the Person so
retained in that position by the City, or his or her duly authorized
representative.
Alley means a minor public Right-of-Way not intended to provide
the primary means of access to abutting Lots, which is used
primarily for vehicular service access to the back or sides of
properties that derive primary access from a Street. The length
of an Alley segment is to be measured from the Right-of-Way
lines of the Streets from which the Alley is provided access, or
from the centerpoint of an intersection with another Alley which
connects to a Street.
Amended or Amending Plat means a revised Plat correcting
errors or making minor changes to a recorded Plat pursuant to
section 212.016 of the Texas Local Government Code.
Amenity means an improvement to be dedicated to the public or
to the common ownership of the Lot owners of the Subdivision
and providing an aesthetic, recreational or other benefit, other
than those prescribed by these Subdivision Regulations.
Anna Code means the Anna City Code of Ordinances.
Applicant means a Person or entity who submits an Application
for an approval required by these Subdivision Regulations. Also
sometimes referred to as “owner”, “owner’s agent”, “developer”,
“Subdivider”, or other similar term.
Application or Development Application means a written request
for an approval required by these Subdivision Regulations.
Approach Street means a Street other than a Perimeter Street
that provides access to and from an improved Street.
Assurance means any form of a Security that is submitted to the
City for the purposes of ensuring that adequate monies are
available for the construction of improvements in relation to an
approved Plat, an approved construction plans or both.
Base Flood means the flood having a 1% chance of being
equaled or exceeded in any given year.
Block Length or Street Length means, for a residential
Subdivision, that distance measured along the centerline of the
Street from the intersection centerpoint of one through Street to
the intersecting centerpoint of another Street, or to the midpoint
of a Cul-De-Sac. The through Street referred to above shall not
be a Cul-De-Sac, a Dead-End Street, or a looped Street, but
shall be a Street which clearly has two points of ingress from
two different directions.
Bond means any form of an obligation undertaken by a surety
acceptable to the City and in an amount and form satisfactory to
the City.
Building Setback Line means the line within a property defining
the minimum horizontal distance between a building or other
structure and the adjacent Street Right-of-Way line, property
line, a creek, or some other specific feature.
Capital Improvements Program (CIP) means the official
proposed schedule, if any, of all future public projects listed
together with cost estimates and the anticipated means of
financing each project, as adopted by City Council.
City means the City of Anna, Texas unless otherwise expressly
stated.
City Attorney means such attorney, or firm of attorneys, that has
been specifically retained by the City to assist in legal matters.
This term shall also apply if the City retains a Person to perform
the functions of City Attorney as an official City employee.
City Council means the duly elected Governing Body of the City
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 10 of 57
of Anna, Texas.
City Engineer means such licensed professional Engineer, or
firm of licensed professional consulting Engineers, that has been
specifically employed by the City to assist in engineering-related
matters. The City Manager may assign the duties of the City
Engineer (as described in these Subdivision Regulations) to
another city official whether or not licensed as a professional
engineer.
City Manager means the Person holding the position of the
City’s chief executive officer (e.g., City Manager), as appointed
by the City Council.
City Standard Street means a Street that meets or exceeds the
minimum specifications for construction, Street size and Right-
of-Way width in the City’s Subdivision Regulations and Design
Standards, and which is constructed to the ultimate
configuration for the type of Street it is designated for on the
City’s Thoroughfare Plan.
Completion Filing Date means the date upon which a submitted
Application is determined or deemed completed, with all
necessary forms, fees, plans, information and copies submitted
to the City in accordance with the City’s Application
requirements for the purposes of a Development Application and
is accepted by the City for filing. The Completion Filing Date is
not necessarily the same as the Submission Date (see
Submission Date).
Commission means the Planning & Zoning Commission of the
City.
Comprehensive Plan or Master Plan means the Comprehensive
Plan of the City and adjoining areas as adopted by the City
Council, including all its revisions and Plan elements (including,
but not limited to, the Future Land Use Plan, Thoroughfare Plan,
Parks Master Plan, etc.). This Plan indicates the general
locations recommended for various land uses, transportation
routes, public and private buildings, Streets, parks, water and
wastewater facilities, and other public and private developments
and improvements.
Contiguous means Lots are Contiguous when at least one
boundary line or point of one Lot touches a boundary line, or
lines, or point of another Lot.
County Plat Records means the Plat records of Collin County.
Cul-De-Sac means a Street having only one outlet to another
Street, and which terminates on the opposite end by a vehicular
turnaround or “bulb”. The length of a Cul-De-Sac is to be
measured from the intersection centerpoint of the adjoining
through Street to the midpoint of the Cul-De-Sac bulb.
Curvilinear Street means a Street that is not straight and that
intersects other Streets at an angle that is less than or greater
than 90 degrees (i.e., a right angle); a Street that follows the
topography or curvature of the land.
Dead-End Street means a Street, other than a Cul-De-Sac, with
only one outlet.
Design Standards means the collection of rules, regulations,
criteria, standards, specifications, construction drawings, and
general notes, including but not limited to those promulgated
under the authority of these Subdivision Regulations, and other
existing ordinances including the design standards in Part III-B
of the Anna Code and any applicable design standards and
requirements in Part II, Article 8 of the Anna Code.
Developer means the owner of land proposed to be developed
as a residential or nonresidential Subdivision, or the owner's
authorized representative.
Development means any activity that requires the submission of
a Subdivision Plat or the securing of a building permit.
Development Plat means a Plat governed by these Subdivision
Regulations in accordance with subchapter B of Chapter 212 of
the Texas Local Gov’t Code, as amended.
Easement means any area within, on, over, and/or under real
property in which the City (and/or another entity, such as a
franchised utility) has an interest involving a right of use of the
property and/or right to exclude uses of the property—such as
requiring removal of all or any part of any buildings, fences,
trees, shrubs, or other improvements or uses that interfere with
the lawful purpose of the holder of the Easement–including but
not limited to those required for provision of sidewalks, utility
services, or access to property or equipment owned and/or
maintained by the City.
Engineer means a Person duly authorized and licensed under
the provisions of the Texas Engineering Registration Act to
practice the profession of engineering.
Engineering Plans or Drawings means the maps or drawings
accompanying a Plat and showing the specific location and
design of Public Improvements to be installed in the Subdivision
in accordance with the requirements of the City as a condition of
approval of the Plat.
Escrow means a deposit of cash with the City in accordance
with these Subdivision Regulations.
Extraterritorial Jurisdiction (ETJ) means the area of land lying
outside and adjacent to the corporate limits of the City of Anna
over which the City of Anna has legal control as set forth in
Chapter 42 of the Texas Local Gov’t Code.
FEMA means the Federal Emergency Management Agency of
the U.S. government.
Final Plat (also “Record Plat” or “As-Built Plat”) means the one
official and authentic map of any given Subdivision of land
prepared from actual field measurement and staking of all
identifiable points by a Registered Professional Land Surveyor
(RPLS), with the Subdivision location referenced to a survey
corner, and with all boundaries, corners and curves of the land
division, and with all Streets, Rights-of-Way, Easements,
dedications and other pertinent features, sufficiently described
so that they can be reproduced without additional references. An
Amending Plat and a RePlat are also Final Plats.
Frontage means that side of a lot, parcel, or tract abutting a
Street Right-of-Way.
Governing Body means the City Council of the City of Anna,
Texas.
Improved Street means a Street constructed to City Standards
or a City Standard Street.
Land Planner means Persons, including Registered Professional
Land Surveyors (RPLS) or Engineers, who possess and can
demonstrate a valid proficiency in the planning of residential,
nonresidential and other related developments, such proficiency
often having been acquired by education in the field of
landscape architecture or other specialized planning curriculum,
or by actual experience and practice in the field of land planning,
and who may be certified as a member of the American Institute
of Certified Planners (AICP).
Lot or Lot of Record means a divided or undivided tract or parcel
of land having frontage on a public or Private Street or other
form of approved public or private access, and which is, or
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 11 of 57
which may in the future be, offered for sale, conveyance,
transfer or improvement; which is designated as a distinct and
separate tract; and which is identified by a tract or lot number or
symbol in a duly approved Subdivision Plat which has been
properly filed of record at the County.
Major Plat means any Plat not classified as a Minor Plat,
including but not limited to Subdivisions of more than four Lots,
or any Plat that requires the construction of a new Street (or
portion thereof) or the extension of a municipal facility as
required by this or any other City ordinance.
Major Subdivision means a Subdivision cannot be approved by
means of an application for a Major Plat.
Median Width means the width of the portion of a Street median
including the entire width of the median’s curbs.
Minor Plat means a Subdivision resulting in four or fewer Lots,
provided that the Plat does not create any new Street or the
extension of any municipal facilities to serve any Lot within the
Subdivision.
Minor Subdivision means a Subdivision that may be approved
by means of an Application for a Minor Plat.
On-Site Facilities or Improvements means the existing or
proposed facilities or improvements constructed within the
property boundaries of the Plat, and the existing or proposed
facilities required to be constructed or improved immediately
adjacent to the property that are needed to serve the
development. Facilities and improvements include, but are not
limited to, Streets, Alleys, water lines, sewer lines, storm
drainage facilities, sidewalks, screening devices, and curbs and
gutters.
Off-Site Facilities or Improvements means the facilities or
improvements that are required to serve the site but that are not
located within the boundaries of the Plat or immediately adjacent
to the property, and which may or may not be immediately
required to serve the development to serve the development.
These include oversizing for Streets, sewer lines, water lines
and storm drainage facilities, as well as the excess capacity of
facilities such as water storage tanks and wastewater treatment
plants available for new development.
Overlength Street (or Alley) means a Street segment, or a Cul-
De-Sac or Alley segment, which exceeds the maximum length
allowed by these Subdivision Regulations, as measured along
the centerline of the Street from the intersection centerpoint of
one through Street, which shall not be a Cul-De-Sac or dead-
end or looped Street, to the intersecting centerpoint of another
through Street or, in the case of a Cul-De-Sac, to the midpoint of
the Cul-De-Sac. For an Alley segment, the measurement shall
be to the Right-of-Way lines of the Streets from which the Alley
is provided access, including any Alley turnouts, or from the
centerpoint of an intersection with another Alley which connects
to a Street.
Pavement Width means the width of the portion of a Street that
is available for vehicular traffic, combined with the width of any
paved shoulder and—for Streets with curbs—the width of the
entire curb.
Perimeter Street means any existing or planned Street which is
adjacent to the Subdivision or Addition to be Platted.
Person means any individual, association, firm, corporation,
governmental agency, political Subdivision, or legal entity of any
kind.
Planning Department shall refer to the City’s department, and
related employees, that has been specifically created and
maintained by the City to assist in planning and zoning related
matters. This term shall also apply to any official City employee
in the Planning Department, including any practicing,
professional Land Planner, administrative support, and/or firm of
professional Land Planners.
Planning Director means a Person hired or designated by the
City Manager to supervise or oversee the Planning Department
of the City, and to exercise the authority of the Planning Director
as mentioned in these Subdivision Regulations.
Planning & Zoning Commission means the Planning & Zoning
Commission of the City of Anna, Texas.
Plat means a Preliminary Plat of a Subdivision, a Final Plat of a
Subdivision, a Development Plat, or an Amending Plat or
RePlat, as determined by the context.
Preliminary Plat means the graphic expression of the proposed
overall plan for subdividing, improving and developing a tract,
showing in plain view the proposed Street and Lot layout,
Easements, dedications and other pertinent features, with such
notations as are sufficient to substantially identify the general
scope and detail of the proposed development.
Private Street means a private vehicular access way, including
an Alley, that is shared by and that serves two or more Lots,
which is not dedicated to the public, and which is not publicly
maintained.
Property Owner (may also be known as “Subdivider” or
“Developer”) means any Person or firm, association, syndicate,
general or limited partnership, corporation, trust or other legal
entity, or any agent thereof, that has sufficient proprietary
interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under these
Subdivision Regulations. In any event, the term "Property
Owner" shall be restricted to include only the owner(s) or
authorized agent(s) of such owner(s), such as a developer, of
land sought to be subdivided.
Public Improvements means facilities, infrastructure and other
appurtenances, typically owned and maintained by the City (but
not necessarily located upon city-owned property or Right-of-
Way. Public Improvements can be located upon public property
or upon private property in a public Easement. Public
Improvements serve a public purpose in providing a needed
service or commodity, such as wastewater collection and
treatment and water storage and distribution, and protect the
general health, safety, welfare and convenience of the City’s
citizens, including efficiency in traffic circulation and access for
emergency services. The term “Public Improvements” shall not
include facilities or infrastructure of private providers of utility
services other than water and wastewater, but shall be deemed
to include facilities and infrastructure that the City would
normally require of a development but which will be owned and
maintained by an entity such as a homeowners association, as
in the case of Private Streets.
Recorded Final Plat means a Final Plat that has been duly
recorded in the property records of Collin County, Texas.
RePlatting or RePlat means the re-Subdivision of any part or all
of a block or blocks of a previously Platted Subdivision, Addition,
Lot or tract.
Right-of-Way means a parcel of land occupied, or intended to be
occupied, by a Street or Alley. Where appropriate, “Right-of-
Way” may include other facilities and utilities such as sidewalks;
railroad crossings; electrical, communication, oil and gas
facilities, water and sanitary and storm sewer facilities; Street
Improvements; and any other special use. The use of Right-of-
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 12 of 57
Way shall also include parkways and medians outside of the
paved portion of the Street. The usage of the term "Right-of-
Way" for land Platting purposes shall mean that every Right-of-
Way hereafter established and shown on a Final Plat is to be
separate and distinct from the Lots or parcels adjoining such
Right-of-Way, and shall not be included within the dimensions or
areas of such Lots or parcels.
RPLS is an acronym for Registered Professional Land Surveyor.
Sign, Subdivision Identification means a permanent sign which
identifies a single-family residential Subdivision.
Standard Street (see City Standard Street).
Street means that part of a Right-of-Way, whether public or
private and however designated, which provides vehicular
access to adjacent land and other Streets and may include
additional facilities for transportation of persons, utilities,
drainage and other Street improvements. Streets may be of the
following categories:
Freeway or Expressway means a Street classification that
devotes total emphasis to the movement of traffic with little
or no access to adjacent land. It is characterized by some
degree of access control and normally is used for longer trip
lengths at higher speeds. It serves the major centers of
activity and high volume traffic corridors. The network
formed is integrated and generally offers connections to
areas outside the City and it Extraterritorial Jurisdiction. U.S.
75 and the Collin County Outer Loop are Expressways.
Arterial Street means a Street classification that serves
serve major movements of traffic within an urbanized area
while still providing some degree of access to adjacent
property. These Streets generally move high volumes of
traffic through the City and provide access to the
Freeway/Expressway network. FM 455 (White Street), State
Highway 5 (Powell Parkway), and State Highway 121 (Sam
Rayburn Highway) are Arterial Streets.
Major Collector Street means a Street classification that
receives traffic from other Collectors and distributes it to
major activity centers. It may also feed through traffic to
Arterial Streets, Freeways or Expressways. Uses served
include but are not limited to major educational facilities,
concentrations of high density commercial, regional
commercial facilities, other concentrated commercial
facilities, and industrial complexes. Some Major Collector
Streets are also Arterial Streets.
Minor Collector Street means a Street classification that
carries traffic from residential Streets to Major Collector
Streets. It typically serves uses such as medium and high
density residential, limited commercial facilities, elementary
schools, offices and direct access to industrial parks.
Residential Collector Street means a Street classification
that carries traffic from Local Streets to other Collector
Streets. It typically serves low and medium residential,
limited commercial facilities, elementary schools, some small
offices and direct access within industrial parks.
Local Street means a Street classification that function
primarily to provide property access. They are normally short
in length and compose the highest percentage of total Street
miles within the City. Local Streets are designed to serve low
traffic volumes. Through traffic movement should be
discouraged. Depending upon the type of area served, and
the service demands placed upon them, Local Streets may
be subcategorized as residential, industrial and business.
Private Street means a classification of Streets which are
owned and maintained by a homeowners association or
Property Owner’s Association, and which are not dedicated
to the public.
Street Improvements means any Street, together with all
appurtenances required by city regulations to be provided with
such Street, and including but not limited to curbs and gutters,
walkways (sidewalks), drainage facilities to be situated in the
Right-of-Way for such Street or Thoroughfare, traffic control
devices, Street lights and Street signs, for which facilities the
City will ultimately assume the responsibility for maintenance
and operation.
Street Length means the same as “Block Length”.
Subdivider means a Person who having an interest in land,
causes it, directly or indirectly, to be divided into a Subdivision;
directly or indirectly, sells, leases, or develops, or offers to sell,
lease or develop, or advertises for sale, lease or Development,
any interest, lot, parcel, site, unit, or plot in a Subdivision; or
engages directly or through an agent in the business of selling,
leasing, developing, or offering for sale, lease, or Development,
a Subdivision or an interest, lot, parcel, site, unit, or plot in a
Subdivision.
Subdivision (also known as “Addition”) means a division or re-
division of any tract of land situated within the City’s corporate
limits or its extraterritorial jurisdiction into two or more parts, Lots
or sites, for the purpose, whether immediate or future, of sale,
division of ownership, or building development. “Subdivision”
includes re-Subdivisions of land or Lots which are part of a
previously recorded Subdivision.
Subdivision Improvement Agreement means a contract entered
into by the Applicant and the City, by which the Applicant
promises to complete the required Public Improvements within
the Subdivision or Addition within a specified time period
following Final Plat approval, and which may to the extent
expressed in the agreement modify or alter the application of
these Subdivision Regulations.
Submission Date means the date when forms, fees, plans,
information and copies have been submitted to the Planning
Director (or other employee authorized to received Applications)
for the purposes of meeting requirements for a Development
Application. The Submission Date is not the same as the
Completion Filing Date (see Completion Filing Date).
Substandard Street means an existing Street that does not meet
the minimum specifications in the City’s Standard Street
specifications, and which is not constructed to the ultimate
configuration for the type of Street it is designated for on the
City’s Thoroughfare Plan.
Surveyor means a Registered Professional Land Surveyor
(RPLS), as authorized by State statutes to practice the
profession of surveying.
SWPPP is an acronym for a Storm Water Pollution Prevention
Plan (as in a set of Engineering construction plans).
TCEQ means the Texas Commission on Environmental Quality
or any successor agency of the State of Texas.
Temporary Improvements means improvements built and
maintained by the developer that are needed to remedy a
circumstance that is temporary in nature, such as a temporary
drainage Easement or erosion control device, that will be
removed upon completion of the Subdivision or shortly
thereafter.
Thoroughfare means a Street classified as an Expressway,
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 13 of 57
Arterial, or any type of Collector Street.
U.S. Army Corps of Engineers means the civil engineering
branch of the U.S. Government.
Yard means the open area between Building Setback Lines and
Lot lines.
Zoning Ordinance means the City’s zoning regulations as
codified in Part III-C of the Anna Code as amended as well as
zoning ordinances not codified in the Anna Code that zone or
rezone particular tracts of property.
Article 2 PROCEDURES
Section 1. General Requirements for Plats
1.01 Zoning Requirements
(a) A property within the City’s corporate limits that is being
proposed for Platting or Development must be properly
zoned by the City prior to submission of a Development
Application. In addition, the proposed development layout
or Subdivision design shown on the proposed Plat must be
in conformance with all standards and requirements
prescribed in the Zoning Ordinance and these Subdivision
Regulations.
(b) Noncompliance with the requirements of the zoning district
in which the subject property is located, or lack of the
proper zoning, shall constitute grounds for denial of a
Development Application.
(c) Any Development Application submitted for approval by the
City shall be in accordance with the City’s Zoning
Ordinance, if the property is located within the City’s
corporate limits. For property located within the City’s
corporate limits or extraterritorial jurisdiction, any
Development Application shall be in accordance with the
City’s Comprehensive Plan, including all adopted water,
sewer, storm drainage, future land use, park, recreation,
open space and Thoroughfare plans. All Plats shall be
prepared by a Registered Professional Land Surveyor
(RPLS).
1.02 Classification of Subdivisions and Additions
(a) Before a Plat relating to any tract of land is filed for record
with the County Clerk, the Property Owner shall apply for
and secure approval of the required Subdivision Plat from
the Planning & Zoning Commission and City Council, in
accordance with the following procedures, unless otherwise
provided within these Subdivision Regulations.
(b) Minor Subdivisions may be approved for residential or
nonresidential properties. Minor Plat approval requires the
submission of a Final Plat drawing and other submission
materials required by the City. Lots may be conveyed or
sold only when the Plat has been approved by the City and
the Plat has been filed with Collin County.
(c) Major Subdivisions may be approved for residential or
nonresidential properties. The procedure for approval of a
Major Subdivision typically involves two steps: the
submission of a Preliminary Plat and Final Plat as required
in these Subdivision Regulations. All Major Subdivision
Plats must be reviewed and approved by the Planning &
Zoning Commission and City Council. If the land is
required to be Platted, no conveyance or sale of any portion
or Lot of the property may occur until after the Final Plat is
approved by the Planning & Zoning Commission and City
Council and filed with Collin County.
1.03 Submission Requirements for All Types of Plat
Applications
In Addition to the requirements outlined herein for each type of
Development Application, the City may maintain separate
policies and procedures for the submission and processing of
Applications including, but not limited to, Application forms,
checklists for information to be shown on Plats, language blocks
for Plats, and other similar items. The forms and paperwork are
available in the Planning Department. These policies and
procedures may be amended from time to time by the Planning
Director, and it is the Applicant’s responsibility to be familiar
with, and to comply with, these policies and procedures.
1.04 Application Processing for All Types of Plats
(a) Review of Plat for Completeness. Every Application for
approval of a Preliminary Plat, Final Plat, or Development
Plat shall be subject to a determination of completeness by
the Planning Director. No Application shall be accepted for
processing unless it is accompanied by all materials and
information required by and prepared in accordance with
the requirements of these Subdivision Regulations. The
Planning Director from time to time may identify additional
requirements for a complete Application that are consistent
with the Application content requirements and related
standards set forth in these Subdivision Regulations. The
Planning Director may also promulgate a reasonable fee for
review of the Application for completeness not to exceed
$500.
(b) Incompleteness as Grounds for Denial. The processing of
an Application by any City official or employee prior to the
time the Application is determined to be complete shall not
be binding on the City as the official acceptance of the
Application for filing, and the incompleteness of the
Application if not cured in accordance with this section shall
cause the Application to expire. A determination of
completeness shall not constitute a determination of
compliance with the substantive requirements of these
Subdivision Regulations.
(c) Pre-Application Conference. A Property Owner may
request a Pre-Application Conference with the Planning
Director for purposes of identifying requirements that are
applicable to a proposed Plat. The request shall be made in
writing on a form prepared by the Director of Planning and
shall state that any proposed development concept
discussed at the Pre-Application Conference is not
intended as a plan of development or Application for any
type of approval.
(d) Time for Making Determination. Following submission of a
plan of development or Plat Application, the Planning
Director shall make a determination in writing whether the
plan or Application constitutes a complete Application for a
Preliminary Plat or a Final Plat not later than the 10th
business day after the date the Application is submitted. If
the Planning Director determines that an Application is
incomplete, the written determination shall specify the
documents or other information needed to complete the
Application and shall state the date the Application will
expire if the documents or other information is not provided.
(e) When Deemed Complete. An Application for approval of a
Plat Application filed shall be deemed complete on the 11th
business day after the Application has been received if the
Applicant has not been notified that the Application is
incomplete in accordance with this section.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 14 of 57
(f) Time for Completing Application. If an Applicant is timely
notified that an Application is incomplete, and the Applicant
fails to submit all materials and any other information
specified in the Planning Director’s written determination on
or before the 45th day after the Application is submitted to
the Planning Director for processing the Application in
accordance with his or her written notification, the
Application will be deemed to have expired and it will be
returned to the Applicant together with any accompanying
documents. Thereafter, a new Application for approval of
the Preliminary Plat or Final Plat must be submitted. The
City may retain any fee paid for reviewing the Application
for completeness.
(g) Sequence of Applications. Notwithstanding any other
provision of these Subdivision Regulations to the contrary,
an Application for a Preliminary Plat or Final Plat shall not
be considered complete unless accompanied by a copy of
the Zoning Ordinance or other certification verifying that the
proposed use, Lots sizes and Lot dimensions for which the
Application is submitted is authorized by the zoning district
in which the property is located.
(h) Vested Rights. No vested rights accrue solely from the filing
of an Application that has expired pursuant to this section,
or from the filing of a complete Application that is
subsequently denied. No vested rights accrue based on a
filing that does not provide fair notice of the project and the
nature of the permit sought,
1.05 Submission Procedures and City Review Process for
All Types of Plats
(a) Submission Timing. In order to provide the City with
adequate time to review Plat Applications for compliance
with these Subdivision Regulations, an Application for
approval of any Plat shall be submitted to the Planning
Director during an application submission window that is at
least 20 calendar days, but no more than 40 calendar days
prior to the Planning & Zoning Commission regular meeting
at which it is to be considered. The Planning Director may
establish a deadline for the submission of Plat Applications
that falls within the application submission window.
Submission of an Application outside the application
submission window or after the application submission
deadline, shall be grounds for denial of approval of the Plat,
unless the Applicant agrees in writing that the date of filing
of the Plat shall be deemed to have occurred not more than
29 days prior to the next regular meeting of the Planning &
Zoning Commission that follows a determination by the
Planning Director that the Application is complete.
(b) Submission Materials. The Application shall include the
following materials which shall be submitted to the Planning
Director (or such Persons authorized by the Planning
Department to accept Applications) for review in order for
the Application to be deemed complete.
(1) A written Application form which bears the original
signature(s) of the Property Owner(s) of the subject
property.
(2) The appropriate submission fee.
(3) The appropriate number of full size sets as stated on
the Application form (available at the Planning
Department) of full-size folded prints of the Plat, as
required by the City’s current development review
policies and requirements, and one black-and-white
reduction of the Plat. The size and number of these
prints and reductions shall be determined by the
Planning Director.
(4) A copy of any applicable development agreement
pertaining to the subject property.
(5) If an Application for approval of a Final Plat, a tax
certificate from the Collin County Tax Assessor
Collector showing that all taxes have been paid on the
subject property, and that no delinquent taxes exist
against the property, as shown in the Collin County
deed records. Documentation shall also be included
that shows no delinquent assessments, fees, or other
debts or obligations to the City and which are directly
attributable to the subject property.
(6) An Engineer’s summary report which describes, in as
much detail as necessary, the following:
(i) The overall nature and scope of the proposed
development, including zoning of the property,
proposed use(s) and acreage of each proposed
use, minimum lot sizes, average lot size, widths
and depths, number of lots to be created, and
special amenities or facilities that will be included
in the development;
(ii) How the property will be served with required
utilities and services;
(iii) How storm water drainage will be handled; and
(iv) An itemization and description of any
waivers/suspensions from provisions of these
Subdivision regulations that will be sought.
(7) Construction plans prepared by a professional
Engineer for all of the infrastructure and site
improvements required to serve the development
(required only with the Final Plat Application).
(8) If located within the City’s ETJ; letters shall also be
provided from each of the applicable utility service
providers, including water, wastewater, gas, electricity,
telephone, cable TV and solid waste, verifying their
ability to provide an adequate level of service for the
proposed development.
(9) If the development will involve 50 or more living units;
a copy of a letter previously sent to Anna Independent
School District which contains information relative to
the size (with respect to the anticipated number of
homes and/or school-age children), location and timing
of the proposed development, and which includes an
invitation to express any desire they may have to
obtain a future school site within any portion of the
subject property.
(10) Proof of land ownership as required in Section 1.06
below.
(c) Other Submission Requirements.
(1) All Plat drawings and other corresponding plans and
drawings, including engineering plans and landscape
and screening plans shall be drawn to a standard
Engineering scale of no more than 100 feet to the inch
(1"=100'). In cases of large developments which would
exceed the dimensions of the sheet at 100 foot scale,
Plats may be on multiple sheets and in a format that
will be acceptable for eventual filing at Collin County. If
there are multiple sheets, then a key sheet is required.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 15 of 57
(2) Other applicable information and materials may be
deemed appropriate by the City, and therefore may be
required by the City. Such materials must also be
submitted for an Application to be determined as
complete.
(3) All of the materials and plans specified within this
Section 1.05 shall be submitted to the Planning
Director for review in order for the Application to be
deemed complete.
(d) City Staff review. Upon official submission of an Application
for Plat approval, the City shall commence technical review
of the development proposal by forwarding a copy of the
Application and Plat to the City’s development review
committee which shall include representatives of the
franchised utility companies, TXDOT, AISD and appropriate
personnel from various City Departments.
(1) City development review committee members shall
review the Plat Application and shall ascertain its
compliance with these and other applicable City
regulations.
(2) Following City staff review of the Plat and supporting
documents, and following discussions with the
Applicant on any revisions deemed advisable and the
kind and extent of improvements to be installed, the
Applicant shall resubmit additional copies of the
corrected Plat (and engineering plans, if applicable) to
the Planning Department no later than seven days
prior to the Planning & Zoning Commission meeting (or
other deadline established by the Planning
Department) for final staff review.
(e) Re-Submission & Scheduling.
(1) Failure to resubmit corrected copies of the Plat and
other application materials (including engineering
plans, if applicable) back to the City in time for
adequate review prior to the Planning & Zoning
Commission shall be cause for the Planning
Department to forward the Plat Application to the
Commission as it was originally submitted rather than
the corrected version of the Plat unless the Applicant
agrees in writing that the date of filing of the Plat
Application shall be deemed to have occurred not
more than 29 days prior to the next regular meeting of
the Planning & Zoning Commission that follows a
determination by the Planning Director that the
Application is complete.
(2) If, upon re-submission of the corrected Plat to the City,
the Planning Director determines that the Application
does not comply with the technical requirements of the
Subdivision Regulations, the Plat Application may be
subject to expiration or denial in accordance with these
Subdivision Regulations.
(3) After the Plat has been scheduled on an agenda (or at
any time prior), the Applicant may request, in writing,
to withdraw official filing of the Plat in order to allow
the Applicant more time to correct deficiencies,
address concerns, or otherwise improve the Plat
pursuant to these Subdivision Regulations. After
receipt of the request, the City may delay action on the
Final Plat until 30 days after the Applicant officially re-
files the Plat.
(f) Action by the Planning & Zoning Commission. All Plat
Applications that have not expired shall be reviewed by the
Planning & Zoning Commission and upon finding that the
Plat is in complete conformance with the provisions of
these Subdivision Regulations and with all other applicable
regulations of the City, the Planning & Zoning Commission
shall approve the Plat.
(1) The Commission shall review each Plat Application
and shall take action to either approve the Plat
Application or approve the Plat Application subject to
certain conditions, or vote to deny the Plat Application,
within 30 calendar days following the Completion Filing
Date.
(2) The Planning & Zoning Commission shall approve or
deny the Plat Application by a simple majority vote of
the Commission members present and voting.
(3) If the Commission denies a Plat Application, the
Commission shall state such disapproval and the
reasons therefore. The Commission’s decision to deny
a Plat may be appealed to the City Council by the
Applicant or by the City Manager.
(g) Action by the City Council. All Plat Applications that have
been approved by the Planning & Zoning Commission shall
be forwarded to the City Council.
(1) A Plat Application is not considered approved by the
City until the Application has been approved by the
City Council, unless otherwise expressly set forth in
these Subdivision Regulations. An approval of a Plat
Application by the Planning & Zoning Commission
shall be deemed a recommendation to the City Council
for approval. The City Council may reject the
recommendation and deny the Plat Application if same
is not in complete conformance with the provisions of
these Subdivision Regulations and with all other
applicable regulations of the City.
(2) The City Council shall act on the Plat within 30 days
after the date the Plat is recommended for approved
by the Planning & Zoning Commission or is deemed
approved by the inaction of the Commission.
(3) A denial of a Plat Application by the Planning & Zoning
Commission shall be deemed a recommendation to
the City Council for denial. When the Planning &
Zoning Commission recommends denial of a Plat
Application the City Council may reject the
recommendation and approve the Plat Application if
same is in complete conformance with the provisions
of these Subdivision Regulations and with all other
applicable regulations of the City.
1.06 Proof of Land Ownership
The City requires proof of land ownership prior to approval of
any Development Application involving real property. Along with
the Application submission, the Applicant shall provide evidence
that he or she is the owner of record of the subject land parcel or
parcels, or is the Property Owner’s authorized agent. The
Planning Development Department shall have the authority to
determine what document(s) the City will require to prove
ownership, such as a letter of title guarantee from a licensed
attorney; Title Policy, Title Commitment, or some other
documentation that is acceptable to the City Attorney. If
ownership cannot be conclusively established prior to the
meeting date on which the Development Application will be
heard, the City shall have the authority to deny the Application
on the basis of protecting the public interest. All owners and
other persons, including any lien holders, whose consent is
necessary to the effective dedication of the plat shall sign the
owner’s certificate before a Final Plat is filed for record with the
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 16 of 57
County Clerk.
1.07 Preliminary Plat Expiration & Extension
(a) Expiration. An approved Preliminary Plat shall expire and
shall thereafter be deemed null and void if a Final Plat
Application for all the land subject to the Preliminary Plat
has not been approved within two years from the date of
the City Council’s approval of the Preliminary Plat. Any
subsequent expiration of the Final Plat shall also result in
expiration of the Preliminary Plat for the same land. Upon
expiration, or upon denial of a timely submitted request for
extension of Plat approval, a new Preliminary Plat
Application shall be required to be submitted, subject to
requirements in effect at the time the new Application is
filed with the City.
(b) Extension. The City Council may extend a Preliminary Plat
for a period not to exceed one year on the written request
of the Applicant. The request must be filed before the
Preliminary Plat expires and must document the reasons
for the extension. In determining whether to grant a
request, the Council shall take into account the reasons for
the requested extension, the ability of the Applicant to
comply with any conditions attached to the original
approval, whether extension is likely to result in timely
completion of the project, and the extent to which any newly
adopted regulations should be applied to the proposed
development. In granting an extension, the Council may
impose such conditions as are needed to assure that the
land will be developed in a timely fashion and that the
public interest is served, including compliance with one or
more newly adopted development standards.
1.08 Construction Plans Expiration & Extension
(a) Expiration. Approved construction plans (and engineering
plans, if required) for Public Improvements shall be valid for
a period of two years from the date of Final Plat approval
after which they shall expire and shall be deemed null and
void. Upon expiration, or upon denial of a timely submitted
request for extension of the approval of the construction
plans, new construction plans shall be submitted, subject to
requirements in effect at the time the construction plans are
filed with the City.
(b) Extension. The City Council may extend the approval of
construction plans (and engineering plans, if required) for
Public Improvements for a period not to exceed one year
on the written request of the Applicant. The request must
be filed before the construction plans expire and must
document the reasons for the extension. In determining
whether to grant a request, the Council shall take into
account the reasons for the requested extension, the ability
of the Applicant to comply with any conditions attached to
the original approval, whether extension is likely to result in
timely completion of the project, and the extent to which
any newly adopted regulations should be applied to the
proposed development. In granting an extension, the
Commission may impose such conditions as are needed to
assure that the land will be developed in a timely fashion
and that the public interest is served, including compliance
with one or more newly adopted development standards.
1.09 Final Plat Expiration & Extension
(a) Expiration. An approved Final Plat shall expire and shall
thereafter be deemed null and void if the Final Plat has not
been recorded as required in Article 2, Section 4.07 within
two years from the date of the City Council’s approval of the
Final Plat. Upon expiration, or upon denial of a timely
submitted request for extension of Plat approval, a new
Preliminary Plat Application shall be required to submitted,
subject to requirements in effect at the time the new
Application is filed with the City.
(b) Extension. The City Council may extend a Final Plat for a
period not to exceed one year on the written request of the
Applicant. The request must be filed before the Preliminary
Plat expires and must document the reasons for the
extension. In determining whether to grant a request, the
Council shall take into account the reasons for the
requested extension, the ability of the Applicant to comply
with any conditions attached to the original approval,
whether extension is likely to result in timely completion of
the project, and the extent to which any newly adopted
regulations should be applied to the proposed
development. In granting an extension, the Council may
impose such conditions as are needed to assure that the
land will be developed in a timely fashion and that the
public interest is served, including compliance with one or
more new adopted development standards.
Section 2. Expiration of Permits, Generally, Dormant
Projects, and Exemptions from Vesting
(a) Expiration of Individual Permits. If, after approval of any
individual permit, no progress has been made towards
completion of the project within two years of the approval of
the permit, the permit shall expire and become null and void
except to the extent otherwise expressly provided for in
these Subdivision Regulations.
(b) Dormant Project. A project shall become dormant and
expire and all permits previously issued in connection with
the project shall be null and void if, on the fifth anniversary
of the date the first permit application was filed, no progress
has been made towards completion of the project. The
phrase “progress towards completion of the project” or
similar phrase as used in this section includes the activities
constituting such progress as set forth in Tex. Local Gov’t
Code § 245.005.
(c) Effect of Expiration or Dormant Project. Following the
expiration of a permit or a project, any new Application shall
be a wholly new and separate permit or project as
compared with the dormant project that expired, and shall
be subject to the regulations, rules, ordinances, and other
laws in effect at the time of filing of the new Application and
shall further be subject to the assessment of new fees to
the fullest extent permitted by law.
(d) Projects, Permits and Other Activities that Never Vest
Rights. Notwithstanding any other provision of these
Subdivision Regulations or other City rules, regulations or
ordinances, the following are exempt from and not affected
by any claim to vested rights:
(1) a permit that is at least two years old, is issued for the
construction of a building or structure intended for
human occupancy or habitation, and is issued under
laws, ordinances, procedures, rules, or regulations
adopting only: (A) uniform building, fire, electrical,
plumbing, or mechanical codes adopted by a
recognized national code organization; or (B) local
amendments to those codes enacted solely to address
imminent threats of destruction of property or injury to
persons;
(2) the City’s zoning regulations that do not affect
landscaping or tree preservation, open space or park
dedication, property classification, lot size, lot
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 17 of 57
dimensions, lot coverage, or building size or that do
not change development permitted by a restrictive
covenant required by the City;
(3) regulations for sexually oriented businesses;
(4) fees imposed in conjunction with development permits,
including but not limited to impact fees;
(5) regulations for annexation that do not affect
landscaping or tree preservation or open space or park
dedication;
(6) regulations for utility connections;
(7) regulations to prevent imminent destruction of property
or injury to persons from flooding that are effective only
within a flood plain established by a federal flood
control program and enacted to prevent the flooding of
buildings intended for public occupancy;
(8) construction standards for public works located on
public lands or easements; or
(9) regulations to prevent the imminent destruction of
property or injury to persons if the regulations do not:
(A) affect landscaping or tree preservation, open space
or park dedication, lot size, lot dimensions, lot
coverage, building size, residential or commercial
density, or the timing of a project; or (B) change
development permitted by a restrictive covenant
required by a municipality.
Section 3. Procedures and Submission Requirements for
Preliminary Plat Approval
3.01 Generally
The Applicant shall prepare a Preliminary Plat which shall
include a utility layout and conceptual plans for the construction
of the Subdivision and all associated Public Improvements,
together with other supplementary materials as required by
these Subdivision Regulations or by the City.
3.02 Preliminary Plat Contents, Generally
(a) The Preliminary Plat shall constitute only that portion of the
property or Subdivision which the Applicant proposes to
construct and record prior to the expiration of the Plat;
provided, however, that such portion conforms to all the
requirements of these Subdivision Regulations and with
any other applicable regulations and codes of the City.
(b) The Preliminary Plat shall include all Contiguous property
under the ownership or control of the Applicant unless
otherwise approved by the Planning Director.
(c) The Contiguous property may contain more than one phase
which, if so, shall be clearly identified on the Preliminary
Plat.
(d) If not all of the Contiguous property is intended to be
developed, prior to the expiration of the Plat, the portion
that is not intended to be developed may be identified and
treated as a Remainder Tract, if permitted by the Planning
Director.
(e) With respect to Remainder Tracts, the following shall apply:
(1) A Remainder Tract is deemed to be that portion of a
Contiguous property that is not included within the
boundaries of a Preliminary Plat.
(2) A Remainder Tract shall not be considered a Lot or
tract of the Subdivision that is shown on the
Preliminary Plat.
(3) Approval of the related Preliminary Plat shall not
constitute approval of development on a Remainder
Tract.
(4) Information accompanying the Preliminary Plat
Application for a Remainder Tract shall be deemed to
be an aid to the Planning & Zoning Commission and
City Council in taking action on the Preliminary Plat
and may be used to determine whether development
of the land subject to the Preliminary Plat will be
adequately served by public facilities and services and
is otherwise in compliance with these Subdivision
Regulations, taking into account the development of
the property as a whole. Information concerning the
Remainder Tract, including topography, drainage, and
existing and planned Public Improvements, may be
considered in formulating conditions to approve the
Plat Application.
(f) Based upon information submitted contained in a
Preliminary Plat, including information related to a
Remainder Tract, the Planning & Zoning Commission or
City Council may require that additional or less land be
included as part of the Preliminary Plat in order to satisfy
the standards applicable to the Plat.
3.03 Approval, Generally
Approval of a Preliminary Plat by the Planning & Zoning
Commission and City Council shall be deemed general approval
of the Street and Lot layout shown on the Preliminary Plat, and
shall not constitute acceptance or approval of the Final Plat.
3.04 Standards for Approval
(a) No Preliminary Plat shall be approved by the Planning &
Zoning Commission or City Council unless the Plat
conforms to these Subdivision Regulations, the
Comprehensive Plan, and applicable zoning and other City
regulations.
(b) Conditional approval shall be considered to be the approval
of a Plat only when such conditions imposed by the
Planning & Zoning Commission and City Council are
complied with. Conditional approval shall expire within 30
days of action by the City Council unless all conditions
imposed are satisfied.
3.05 Information Required Upon or With Preliminary Plat
The proposed Preliminary Plat shall show information as
specified on an Application form or packet provided by the
Planning Department (see requirements set forth in Appendix A,
incorporated in full as if set forth herein for all purposes).
3.06 Revisions to Approved Preliminary Plat
(a) Minor revisions to the Preliminary Plat are commonly
required before the Final Plat is approved. Such minor
revisions may include slight enlargement or shifting of
Easements or Lot lines, addition of private or franchise
utility Easements, correction of bearings or distances,
correction of minor labeling errors, addition of erroneously
omitted informational items and labels, etc. and such
revisions may be delineated on the Final Plat without
having to re-approve the Preliminary Plat. Whether or not
revisions are “minor” in nature shall be determined by the
Planning Director.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 18 of 57
(b) Major revisions, if required, such as obvious reconfiguration
of Lot lines or Easements, relocation of driveways or
access Easements or fire lanes, any modification to the
perimeter or boundary of the property, and relocation or
addition or deletion of any Public Improvement (including
corresponding Easement), shall necessitate re-submission
and re-approval of the Plat as a “revised Preliminary Plat”
unless otherwise approved by the Planning Director. The
procedures for such re-approval shall be the same as for a
Preliminary Plat. If an Application for a revised Preliminary
Plat expires due to failure to submit a complete Application,
or if the revised Preliminary Plat is complete, and
considered by the Planning & Zoning Commission and the
City Council and is denied, the previously submitted
Preliminary Plat(s) shall also be deemed to have been
denied thus necessitating submission of a new Application
governed by the regulations, rules and other laws in effect
at the time of the submission of the new Application.
Section 4. Procedures and Submission Requirements for
Final Plat Approval
4.01
The Final Plat shall be in accordance with the Preliminary Plat,
as approved, and shall incorporate all applicable conditions,
changes, directions and additions imposed by the Planning &
Zoning Commission and City Council upon the Preliminary Plat.
The Final Plat shall not be submitted prior to approval of the
Preliminary Plat (when required).
4.02
Only Final Plat Applications which include the required data,
completed Application form, submission fee, number of copies
of the Plat, record drawings, approved Engineering construction
plans, and other required information will be considered
complete, shall be accepted for filing by the City, and shall be
scheduled on a Planning & Zoning Commission agenda.
Incomplete Final Plat Applications will not be accepted for filing
and will not be scheduled on a Planning & Zoning Commission
agenda until the proper information is provided to City staff.
4.03 Information Required Upon or With Final Plat
The proposed Final Plat shall show information as specified on
an Application form or packet provided by the Planning
Department (see requirements set forth in Appendix B,
incorporated in full as if set forth herein for all purposes)
4.04 Engineering Plans
As part of the Final Plat Application, the Applicant shall submit
the required number of sets of the complete engineering or
construction plans that have been approved by the City
Engineer for all Streets, Alleys (if any), storm sewers and
drainage structures, water and sanitary sewer facilities,
screening and retaining walls, landscaping and irrigation, and
any other required Public Improvements for the area covered by
the Preliminary Plat. Engineering plans shall be in conformance
with the Design Standards and with the requirements set forth
within these Subdivision Regulations. The engineering plans
shall also contain any plans deemed necessary to show or
document compliance with any other applicable codes and
ordinances of the City that are related to development of a land
parcel. The engineering plans shall show information as
specified on an Application form or packet provided by the
Planning Department.
4.05 Standards for Approval
No Final Plat shall be approved by the Planning & Zoning
Commission or City Council unless the following standards have
been met:
(1) The Plat substantially conforms with the approved
Preliminary Plat, as revised if revisions were a
necessary condition for approval, and other studies
and plans, as applicable; and
(2) The Plat and accompanying documents conform to
these Subdivision Regulations, the Comprehensive
Plan, and to applicable zoning, Subdivision and any
other applicable codes or ordinances of the City that
are related to development of a land parcel.
4.06 Timing of Public Improvements
(a) After approval of the Final Plat by the Planning & Zoning
Commission and City Council, and following procurement of
all applicable permits from other appropriate agencies
(such as TxDOT, railroad authorities, TCEQ, U.S. Army
Corps of Engineers, FEMA and/or Collin County), the
Applicant shall cause a contractor(s) to install or construct
the Public Improvements in accordance with the approved
plans and the City’s Design Standards and at the
Applicant's expense .
(b) The Applicant shall employ Professional Engineers,
Professional Registered Land Surveyors or other
professionals as necessary to design, stake, supervise,
perform and complete the construction of such
improvements, and shall cause his or her contractor to
construct the said improvements in accordance with these
Subdivision Regulations, any approved construction plans
and engineering plans, and with the City’s Design
Standards, and any other applicable agency’s Design
Standards. To the extent of any direct conflict between the
foregoing requirements, the approved construction plans
and engineering plans shall prevail.
(c) If the project will require a FEMA revision to a Flood
Insurance Rate Map or other submittal required under the
National Flood Insurance Program, or if the project
otherwise triggers review under the City’s Flood Damage
Prevention regulations set forth in this Code at Part II,
Article 24, then the Application must be reviewed for
compliance with said standards and requirements prior to
approval of the Final Plat and prior to any construction
activities (including but not limited to grading, clearing,
grubbing, brush removal, etc.) on the site.
(d) When all of the Public Improvements constructed and a
request is made for acceptance of same by the City, the
Planning Director shall confirm that the Public
Improvements have been completed in accordance with the
approved plans and specifications and with all applicable
City standards and regulations, and shall confirm receipt by
the City of Anna of the required Maintenance Bond. In
determining compliance, the Planning Director shall obtain
from the Applicant: one sealed set of "As-Built" or "Record
Drawing" mylar sepia and a digital copy of all plans (in a
format as determined by the City Engineer); a signed letter
bearing sealed certification by the design engineer
confirming the contractors' compliance with these
Subdivision Regulations, and with all City construction
standards set forth in the Design Standards and other
applicable City design documents; and certification signed
by the Property Owner before a notary that all dedications
required for the Public Improvements have been fully
conveyed. After said materials are received, and the
Planning Director confirms compliance as set forth above,
the Planning Director shall inform the City Manager of
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 19 of 57
same and the City Manager shall receive and accept for the
City of Anna the title, use, and maintenance of the Public
Improvements, and shall provide written notice to the
Applicant that its request for approval to record the Final
Plat has been granted. No such approval shall be granted
until compliance has been verified as set forth in this
paragraph.
4.07 Effect of Approval and Acceptance of Improvements
As soon as is practical after the Final Plat has been approved by
the City for recordation by the City in accordance with Section
4.06 (d) above, or, alternatively, approved for recordation
because the Subdivider has provided sufficient Security in
accordance with Article 6 of these Subdivision Regulations, the
Planning Director shall cause the Final Plat to be recorded with
the Collin County Clerk. No conveyance or sale of any portion
or Lot of the property may occur until after the Final Plat is
approved by the Planning & Zoning Commission and City
Council and duly recorded. The recordation filing date noted by
the county clerk on the Recorded Final Plat shall be deemed as
the date the City granted approval of the Property Owner’s
request to record the Final Plat. It is the Applicant’s
responsibility to confirm that the Final Plat has been duly
recorded, and an Applicant’s failure to confirm same is at the
Applicant’s sole risk.
4.08 Revisions to Approved Final Plat Prior to Filing at the
County
(a) Occasionally, minor revisions are needed before the Final
Plat can be recorded. Minor revisions such as correction of
bearings or distances, correction of minor labeling errors,
Addition of erroneously omitted informational items and
labels, etc. may occur on the record Plat prior to filing it
without the Planning & Zoning Commission and City
Council having to re-approve the Final Plat. Whether or not
revisions are “minor” in nature shall be determined by the
Planning Director. Major revisions, such as obvious
corrections or reconfiguration of Lot lines or Easements,
relocation of driveways or access Easements or fire lanes,
any modification to the perimeter or boundary of the
property, and relocation or Addition or deletion of any
Public Improvements (including corresponding Easement),
shall necessitate re-submission and re-approval of the Plat
as a “revised Final Plat” unless otherwise approved by the
Planning Director, as applicable. The procedures for such
re-approval shall be the same as for a Final Plat. If an
Application for a revised Final Plat expires due to failure to
submit a complete Application, or if the revised Final Plat is
complete, and considered by the Planning & Zoning
Commission and the City Council and is denied, the
previously submitted Final Plat and any Preliminary Plat(s)
shall also be deemed to have been denied thus
necessitating submission of a new Application governed by
the regulations, rules and other laws in effect at the time of
the submission of the new Application.
Subsequent to Final Plat approval by the Planning & Zoning
Commission and City Council, the Applicant shall return
signed and notarized mylar sepia copies of the Final Plat,
as approved, along with any other required documents and
fees necessary for filing the Plat with the County Clerk, to
the Planning Department within 45 calendar days following
approval, in accordance with requirements established by
the City; or if construction of any Public Improvement is
required prior to the filing of a Final Plat, the Owner or
Developer shall return signed and notarized Mylar sepia
copies of the Final Plat, as approved, along with any other
required documents and fees necessary for filing the Plat
with the County Clerk (including current documents
required to show proof of ownership as outlined in Article 2,
Section 1.06) to the Planning Department before said
Public Improvements will be accepted by the City and
before said Final Plat will recorded with the County Clerk.
(b) All Easements shall be included on the Final Plat, including
the recording information for those Easements that are filed
or recorded as separate instruments, as required by utility
companies and the City of Anna prior to filing the Final Plat.
(c) If the required copies and materials are not returned to the
City within the specified 45-day time frame, the approval of
the Final Plat shall be null and void unless an extension is
granted by the City Council.
(d) The City shall cause the Final Plat to be filed at the office of
the County Clerk of Collin County in accordance with
Article 2, Section 4.07 of these Subdivision Regulations.
Section 5. Development Plats
5.01 Authority
This section is adopted pursuant to the Texas Local
Government Code, Chapter 212, Subchapter B, sections
212.041 through 212.050, as amended.
5.02 Applicability
For purposes of this section, the term "Development" means the
construction of any building, structure or improvement of any
nature (residential or nonresidential), or the enlargement of any
external dimension thereof. This section shall apply to any land
lying within the City or within its extraterritorial jurisdiction in the
following circumstances:
(1) the Development of any tract of land which has not
been Platted or RePlatted prior to the effective date of
these Subdivision Regulations, unless expressly
exempted herein; or
(2) the Development of any tract of land for which the
Property Owner claims an exemption from the City's
Subdivision Regulations, including requirements to
RePlat, which exemption is not expressly provided for
in such regulations; or
(3) the Development of any tract of land for which the only
access is a private Easement or Street; or
(4) the division of any tract of land resulting in parcels or
Lots each of which is greater than five acres in size,
and where no Public Improvement is proposed to be
dedicated or constructed.
5.03 Exceptions
No Development Plat shall be required, where the land to be
developed has received Final Plat or RePlat approval prior to
the effective date of these Subdivision Regulations or a Final
Plat or RePlat has been filed in accordance with these
Subdivision Regulations.
5.04 Prohibition on Development
No Development shall commence, nor shall any building permit,
for any development or land division subject to this section, until
a Development Plat has been approved by the Planning &
Zoning Commission and City Council.
5.05 Standards of Approval
The Development Plat shall not be approved until the following
standards have been satisfied:
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 20 of 57
(1) The proposed Development conforms to all city plans,
including but not limited to, the Comprehensive Plan,
utility plans and applicable capital improvements plans;
(2) The proposed Development conforms to the
requirements of the Zoning Ordinance (if located within
the City’s corporate limits) and these Subdivision
Regulations;
(3) The proposed Development is adequately served by
public facilities and services, parks and open space, to
the extent necessary based on the nature of the
Development, and in conformance with City
regulations;
(4) The proposed development will not create a safety
hazard on a public Street (such as by not providing
adequate on-site parking or vehicle maneuvering
space for a restricted-access/gated entrance);
(5) Appropriate agreements for acceptance and use of
public dedications to serve the Development have
been tendered; and
(6) The proposed Development conforms to the design
and improvement standards contained in these
Subdivision Regulations and in the City’s Design
Standards, and to any other applicable codes or
ordinances of the City that are related to development
of a land parcel.
5.06 Conditions
The Planning & Zoning Commission and City Council may
impose such conditions on the approval of the Development Plat
as are necessary to insure compliance with the standards in
Section 5.05 above.
5.07 Approval Procedure
The Application for a Development Plat shall be submitted to the
City in the same manner as a Final Plat, and shall be approved,
conditionally approved, or denied by the Planning & Zoning
Commission and the City Council in a similar manner as a Final
Plat.
5.08 Submittal Requirements
In Addition to all information that is required to be shown on a
Final Plat, a Development Plat shall:
(1) Be prepared by a Registered Professional Land
Surveyor;
(2) Clearly show the boundary of the Development Plat;
(3) Show each existing or proposed building, structure or
improvement or proposed modification of the external
configuration of the building, structure or improvement
involving a change therein;
(4) Show all Easements and Rights-of-Way within or
adjacent to the Development Plat; and
(5) Be accompanied by the required number of copies of
the Plat, a completed Application form, the required
submission fee (per the City’s current fee schedule),
and a certificate or some other form of verification from
the Collin County Appraisal District showing that all
taxes have been paid on the subject property and that
no delinquent taxes exist against the property in
accordance with Article 1, Section 12 of these
Subdivision Regulations.
(6) Be submitted to the Planning Department for review
simultaneously with the Plat Application in the same
manner as for a Final Plat, or the Application shall be
determined to be incomplete and shall be subject to
expiration in the same manner as other Plats under
these Subdivision Regulations.
Section 6. RePlatting
6.01 RePlat Required
Unless otherwise expressly provided for herein, a Property
Owner who proposes to RePlat any portion of an already
approved and filed Final Plat, other than to amend or vacate the
Plat, must first obtain approval for the RePlat under the same
standards and by the same procedures prescribed for the Final
Platting of land by these Subdivision Regulations. All
improvements shall be constructed in accordance with the same
requirements as for a construction or Final Plat, as provided
herein.
6.02 RePlatting Without Vacating Preceding Plat
A RePlat of a Final Plat or portion of a Final Plat may be
recorded and is controlling over the preceding Plat without
vacation of that Final Plat if the RePlat:
(1) Is signed and acknowledged by only the owners of the
property being RePlatted;
(2) Is approved, after a public hearing on the matter at
which parties in interest and citizens have an
opportunity to be heard by the City Council; and
(3) Does not attempt to amend or remove any covenants
or restrictions previously incorporated in the Final Plat.
6.03 Previous Requirements or Conditions of Approval
Which Are Still Valid
In Addition to compliance with Section 6.02 above, a RePlat
without vacation of the preceding Plat must conform to the
requirements of this Section 6.03 if: (1) During the preceding five
years, any of the area to be RePlatted was limited by a zoning
classification to residential use for not more than two residential
units per Lot; or (2) Any Lot in the preceding Plat was limited by
deed restrictions to residential use for not more than two
residential units per Lot.
(1) Notice of the public hearing required under Section
6.02 above shall be given before the 15th calendar day
before the date of the hearing by publication in an
official newspaper or a newspaper of general
circulation in Collin County. Notice of the public
hearing shall also be given by written notice before the
15th calendar day before the date of the hearing, with
a copy or description of any requested
waivers/suspensions, sent to the Property Owners, as
documented on the most recently approved ad
valorem tax roll of the City, of Lots that are in the
original Subdivision and that are within 200 feet of the
Lot(s) to be RePlatted. In the case of a Subdivision in
the extraterritorial jurisdiction, the most recently
approved County tax roll shall be used. The written
notice may be delivered by depositing the notice,
properly addressed with appropriate postage paid, in a
post office or postal depository within the boundaries
of the City.
(2) If the RePlat requires a waiver/suspension as defined
in Article 1, Section 10 of these Subdivision
Regulations, and if the Property Owner(s) of 20% or
more of the total land area of Lots to whom notice is
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 21 of 57
required to be given under paragraph (1), above, file
with the City a written protest of the RePlatting before
or at the public hearing, then approval of the RePlat
will require the affirmative vote of at least 3/4 of the
members present of the City Council. For a legal
protest, written instruments signed by the owners of at
least 20% of the total land area of the Lots or land
immediately adjoining the area covered by the
proposed RePlat and extending 200 feet from that
area, but within the original Subdivision, must be filed
with the City prior to the close of the public hearing. In
computing the percentage of land area subject to the
“20% rule” described above, the area of Streets and
Alleys shall be included.
(3) Compliance with paragraph (2) above is not required
for approval of a RePlat for any part of a preceding
Plat if the area to be RePlatted was designated or
reserved for other than single- or two-family (i.e.,
duplex) residential use by notation on the last legally
recorded Plat or in the legally recorded restrictions
applicable to the Plat. For example, for a RePlat
involving nonresidential property, a public hearing
must be held, pursuant to paragraph (2) above, but
notice of the hearing does not have to appear in the
newspaper and written notices do not have to be
mailed to individual Property Owners within 200 feet of
the subject property.
6.04 Adding or Deleting Lots
Any RePlat which adds or deletes Lots must include the original
Subdivision and Lot boundaries. If a RePlat is submitted for only
a portion of a previously Platted Subdivision, the RePlat must
reference the previous Subdivision name and recording
information, and must state on the RePlat the specific Lots
which have changed along with a detailed “Purpose for RePlat”
statement.
6.05 Vacation of Plat
If the previous Plat is vacated as prescribed in Section 212.013
of the Texas Local Government Code, as amended, and as
provided in Article 2, Section 8 of these Subdivision Regulations,
a public hearing is not required for a RePlat of the area vacated.
It would, instead, be submitted as a new Subdivision Plat and
reviewed accordingly.
6.06 Approval Requirements
The RePlat of the Subdivision shall meet all the requirements for
a Final Plat for a new Subdivision that may be pertinent, as
provided for herein, including requirements that pertain to
infrastructure, such as Streets and utilities. Approval of a revised
Preliminary Plat may be required prior to the approval of a
RePlat if the RePlat necessitates the construction of public
infrastructure or requires amendments to previously approved
infrastructure construction plans.
6.07 Title of RePlat
The title shall identify the document as a “Final Plat” of the
“_________ Addition, Block ____, Lot(s) ____, Being a RePlat
of Block ______, Lot(s) _____ of the ________________
Addition, an Addition to the City of Anna, Texas, as recorded in
Volume/Cabinet _____, Page/Slide ______ of the Plat Records
of Collin County, Texas”.
6.08 Application for RePlat
An Application submittal for a RePlat shall be the same as for a
Final Plat, and shall be accompanied by the required number of
copies of the Plat, a completed Application form, the required
submission fee (per the City’s current fee schedule), and a
certificate showing that all taxes have been paid on the subject
property and that no delinquent taxes exist against the property.
The RePlat shall also bear a detailed “Purpose for RePlat”
statement which describes exactly what has been changed on
the Plat since the original (or previous) Plat was approved by the
City and filed at the County. A copy of all Application materials
for a RePlat shall be simultaneously submitted to the Planning
Department for review in the same manner as for a Final Plat, or
the Application shall be deemed incomplete.
6.09 Recording of RePlat
The RePlat shall be recorded at the County in the same manner
as prescribed for a Final Plat, and approval of a RePlat shall
expire if all filing materials are not submitted to the Planning
Department and if the RePlat is not recorded within the time
period specified for a Final Plat.
Section 7. Amending Plats
7.01 An Amending Plat shall meet all of the informational,
procedural, and relevant submission requirements set
forth for a Final Plat.
7.02 Submittal
A copy of all Application materials for an Amending Plat shall be
simultaneously submitted to the Planning Director for review in
the same manner as for a Final Plat, or the Application shall be
deemed incomplete.
7.03 Permitted Purposes
An Amending Plat may be recorded and is controlling over the
preceding or Final Plat without vacation of that Plat, if the Plat
being amended is signed by the Applicants only and if the Plat
being amended is for one or more of the purposes set forth in
this section. The procedures for amending a Plat shall apply
only if the sole purpose of amending the Plat is to achieve at
least one of the following:
(1) Correct an error in a course or distance shown on the
preceding Plat;
(2) Add a course or distance that was omitted on the
preceding Plat;
(3) Correct an error in a real property description shown
on the preceding Plat;
(4) Indicate monuments set after the death, disability, or
retirement from practice of the Engineer or RPLS
responsible for setting monuments;
(5) Show the location or character of a monument that has
been changed in location or character or that is shown
incorrectly as to location or character on the preceding
Plat;
(6) Correct any other type of scrivener or clerical error or
omission previously approved by the municipal
authority responsible for approving Plats, including lot
numbers, acreage, Street names, and identification of
adjacent recorded Plats;
(7) Correct an error in courses and distances of Lot lines
between two adjacent Lots if:
(i) both Lot owners join in the Application for
amending the Plat;
(ii) neither Lot is abolished;
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 22 of 57
(iii) the amendment does not attempt to remove or
modify recorded covenants or restrictions or
Easements; and
(iv) the amendment does not have a material
adverse effect on the property rights of the
owners in the Plat;
(8) Relocate a Lot line to eliminate an inadvertent
encroachment of a building or other improvement on a
Lot line or Easement;
(9) Relocate one or more Lot lines between one or more
adjacent Lots if:
(i) the owners of all those Lots join in the
Application for amending the Plat;
(ii) the amendment does not attempt to remove or
modify recorded covenants or restrictions or
Easements; and
(iii) the amendment does not increase the number
of Lots; or
(10) Make necessary changes to the preceding Plat to
create six or fewer Lots in the Subdivision or a part of
the Subdivision covered by the preceding Plat if:
(i) The changes do not affect applicable zoning
and other regulations of the City;
(ii) The amendment does not attempt to remove or
modify recorded covenants or restrictions or
Easements; and
(iii) The area covered by the changes is located in
an area that the Planning & Zoning
Commission has approved, after a public
hearing, as a residential improvement area.
(11) RePlat one or more Lots fronting on an existing Street
if:
(i) the owners of all those Lots join in the
Application for amending the Plat;
(ii) the amendment does not attempt to remove or
modify recorded covenants or restrictions or
Easements;
(iii) the amendment does not increase the number
of Lots; and
(iv) the amendment does not create or require the
creation of a new Street or make necessary the
extension of municipal facilities.
7.04 No Requirement for Notice or Public Hearing
Notice, a public hearing, and the approval of other Lot owners
are not required for the approval and issuance of an Amending
Plat.
7.05 Title
The Amending Plat shall be entitled and clearly state that it is an
"Amending Plat", and it shall include a detailed “Purpose for
Amending Plat” statement which describes exactly what has
been changed on the Plat since the original (or previous) Plat
was approved by the City and filed at the County. It shall also
state the specific Lots affected or changed as a result of the
Amending Plat, and shall include the original Subdivision Plat
boundary.
7.06 Procedure
Other than noted above, the procedure for approval of Plat
amendment(s) shall be the same as for Final Plat.
7.07 Recordation
The Amending Plat shall be recorded with the County Clerk in
the same manner as prescribed for a Final Plat, and approval of
an Amending Plat shall expire if all required recording filing
materials are not submitted to the City and if the Amending Plat
is not recorded within the time periods specified for a Final Plat.
Section 8. Plat Vacation
8.01 By Property Owner
The Property Owner of the tract covered by a Plat may vacate,
upon approval by the Planning & Zoning Commission and City
Council, the Plat at any time before any Lot in the Plat is sold.
The Plat is vacated when a signed, acknowledged instrument
declaring the Plat vacated is approved and recorded in the
manner prescribed for the original Plat.
8.02 By All Lot Owners
If some or all of the Lots covered by the Plat have been sold, the
Plat, or any part of the Plat, may be vacated on the Application
of all the owners of Lots in the Plat with approval obtained in the
manner prescribed for the original Plat.
8.03 Criteria
The Planning & Zoning Commission and City Council shall
approve the petition for vacation on such terms and conditions
as are in accordance with section 212.013 of the Texas Local
Government Code (as amended), and as are reasonable to
protect the public health, safety and welfare. As a condition of
vacation of the Plat, the Planning & Zoning Commission may
direct the petitioners to prepare and seek approval of a revised
Final Plat in accordance with these Subdivision Regulations
such that the property is not without a Plat.
8.04 Effect of Action
On the execution and recording of the vacating instrument, the
vacated Plat shall have no effect. Regardless of the
Commission's and Council’s action on the petition, the Property
Owner will have no right to a refund of any monies, fees or
charges paid to the City nor to the return of any property or
consideration dedicated or delivered to the City except as may
have previously been agreed to by the Commission and City
Council.
8.05 City-Initiated Plat Vacation
(a) General Conditions. The City Council, on its motion and
following a public hearing on the matter, may vacate the
Plat of an approved or recorded Subdivision or Addition
when:
(1) Construction on the Improvements required for the
Development have not been completed within two
years following the date the Plat was approved by the
City;
(2) No Lots within the approved Plat have been sold within
five years following the date that the Plat was
approved by the City;
(3) The Property Owner has breached a Subdivision
Improvement Agreement (see Article 6) and the City is
unable to obtain funds with which to complete
construction of Public Improvements, except that the
vacation shall apply only to Lots owned by Property
Owner or its successor; or
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 23 of 57
(4) The Plat has been of record for more than five years
and the City determines that the further sale of Lots
within the Subdivision or Addition presents a threat to
public health, safety or welfare, except that the
vacation shall apply only to Lots owned by the
Property Owner or its successors.
(b) Procedure. After review and recommendation by the
Planning & Zoning Commission, and upon any motion of
the City Council to vacate the Plat of any previously
approved Subdivision or Addition, in whole or in part, the
City shall publish notice in a newspaper of general
circulation in the City before the 15th day prior to the date of
the public hearing at which the Plat vacation shall be heard
by the City Council. The City shall also provide written
notice to all Property Owners within the Subdivision or
Addition. The notice shall state the time and place for a
public hearing before the Council on the motion to vacate
the Subdivision or Addition Plat. The Council shall approve
the Plat vacation only if the criteria and conditions cited
above are satisfied.
(c) Record of Plat Vacation. If the City Council approves
vacating a Plat, the City shall cause a copy of the Plat
vacation instrument to be recorded in the office of the
County Clerk of Collin County along with an exhibit showing
a drawing of the area or Plat vacated. The County Clerk
shall write legibly on the vacated Plat the word “vacated”
and shall enter on the Plat a reference to the volume and
page at which the vacating instrument is recorded. If the
City Council vacates only a portion of a Plat, it shall cause a
revised Final Plat drawing to also be recorded which shows
that portion of the original Plat that has been vacated and
that portion that has not been vacated. Upon the execution
and recording of the vacating instrument the vacated Plat
(or the vacated portion of the Plat) has no effect.
Section 9. Minor Plats
9.01 Submission Requirements
A Minor Plat shall meet all of the informational, procedural, and
relevant submission requirements set forth for a Final Plat.
9.02 Application Materials
A copy of all Application materials for a Minor Plat shall be
simultaneously submitted to the Planning Department for review
in the same manner as for a Final Plat, or the Application shall
be deemed incomplete.
9.03 No Requirement for Notice and Public Hearing
Notice, a public hearing, and the approval of other Lot owners
are not required for the approval a Minor Plat.
9.04 Title
The Minor Plat shall be entitled and clearly state that it is a
"Minor Plat."
9.05 Recordation
The Minor Plat shall be recorded in the same manner as
prescribed for a Final Plat, and approval of a Minor Plat shall
expire if all required recording filing materials are not submitted
to the City and if the Minor Plat is not recorded within the time
periods specified for a Final Plat.
Article 3 SUBDIVISION DESIGN STANDARDS
Section 1. Streets
1.01 Conformance with Anna’s Policies & Regulations
The construction, arrangement, character, extent, width, grade
and location of all Streets shall conform to the City of Anna’s
Comprehensive Plan and Design Standards, and shall be
considered in their relation to the following, whether the Streets
are within the City of Anna, within its ETJ area:
(1) Existing and planned Streets or driveways,
(2) Topographical conditions (the Street layout shall, to
the greatest extent possible, be sited and aligned
along natural contour lines, and shall minimize the
amount of cut and fill on slopes in order to minimize
the amount of land area that is disturbed during
construction),
(3) Public safety, and
(4) Their appropriate relation to the proposed uses of the
land to be served by such Streets.
1.02 Residual Strips
Reserve or residual strips of land controlling access to or egress
from other property, or to or from any Street or Alley, or having
the effect of restricting or damaging the adjoining property for
Subdivision purposes, or which will not be taxable or accessible
for improvements shall not be permitted in any Subdivision
unless such are required by the City in the public interest (such
as to enhance public safety or other public interest). All Streets
shall be constructed in accordance with these Subdivision
Regulations and with the City’s Design Standards.
1.03 Adequacy of Streets and Thoroughfares
(a) Responsibility for Adequacy of Streets and Thoroughfares.
The Property Owner shall ensure that the Subdivision is
served by adequate Streets and Thoroughfares, and shall
be responsible for the costs of Rights-of-Way and Street
Improvements, in accordance with the following policies
and standards, and subject to the City's cost participation
policies on oversized facilities.
(b) General Policy. Every Subdivision shall be served by
improved Streets and Thoroughfares adequate to
accommodate the vehicular traffic to be generated by the
development. Proposed Streets shall provide a safe,
convenient and functional system for traffic circulation; shall
be properly related to the City's Thoroughfare Plan, other
portions of the Comprehensive Plan and any amendments
thereto, and any Street classification system.
(c) Street Network. New Subdivisions shall be supported by a
Street network having adequate capacity, ingress/egress,
and safe and efficient traffic circulation.
(d) Approach Streets and Access. All Subdivisions must have
at least two points of vehicular access, and must be
connected via improved Streets (Streets that meet the City
Standards) to the City's improved Thoroughfare and Street
system by one or more Approach Streets of such
dimensions and improved to such standards as required
herein. All residential Subdivisions shall provide no less
than one entrance for each 50 lots including stubs for future
development and in no case shall have more than 150 lots
for each connection to an existing Street.
(1) Required Improvements. Requirements for dedication
of Right-of-Way and improvement of Approach Streets
shall comply with Article 3, Section 2 of these
Subdivision Regulations.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 24 of 57
(2) Points of Access Defined. “Two points of vehicular
access” shall be construed to mean that the
Subdivision has at least two improved Street entrances
accessing the Subdivision from the City’s improved
Thoroughfare system.
(i) For nonresidential Subdivisions, cross access
provided through an existing or future adjacent
Lot may count as one entrance if approved by
the Planning Director.
(ii) The Planning & Zoning Commission and the
City Council may, at their discretion and upon a
finding that such will not compromise public
safety or impede emergency access, accept a
single, median-divided entrance from the City’s
improved Thoroughfare system provided that
the median extends into the Subdivision for an
unbroken length of at least 100 feet to an
intersecting internal Street which provides at
least two routes to the interior of the
Subdivision. For example, the entrance Street
is not a dead-end or Cul-De-Sac, and it does
not create a “bottleneck” allowing only one
emergency route into the interior of the
Subdivision. Residential Lots may not front onto
any median-divided arterials, and residential
driveways may not be located in front of a
median.
(3) Street Openings to Adjoining Properties. Subdivision
design shall provide for a reasonable number and
reasonable locations of Street openings to adjoining
properties. Such an opening shall occur at least every
1,000 feet or in alignment with abutting Subdivision
Streets along each boundary of the Subdivision.
(4) Adequate Emergency Access. The Subdivision shall
be designed to provide adequate emergency access
for public safety vehicles. Each residential Lot in the
Subdivision shall have a minimum frontage (measured
at the edge of the pavement) of at least 40 feet on a
dedicated public Street or approved private access,
unless other provisions have been authorized through
a Planned Development district. Each non-residential
Lot shall have a minimum frontage on a dedicated
public Street or approved private access of at least 50
feet, unless other provisions have been authorized
through a Planned Development district.
(e) Off-Site and Adjacent Improvements Based on Traffic
Impact Analysis (TIA).
(1) If in the opinion of the City Engineer or Planning
Director, sufficient vehicular access and Street
capacity approaching and adjacent to the Subdivision
is not available to serve the proposed Subdivision, the
City may require the Developer provide a Traffic
Impact Analysis of the proposed development. Such
TIA when required shall be submitted to the City as
part of the Preliminary Plat Application.
(2) Where a Traffic Impact Analysis demonstrates the
need for Off-Site Facilities or improvements to existing
adjacent facilities, the developer shall make such
improvements to adjacent Streets, off-site collector
and Arterial Streets and intersections as are necessary
to mitigate traffic impacts generated by the
development consistent with Article 3, Section 2 of
these Subdivision Regulations.
(f) Street Dedications.
(1) Dedication of Right-of-Way. The developer shall
dedicate all Rights-of-Way required for existing or
future Streets, and for all required Street
Improvements, including Perimeter Streets and
Approach Streets, as shown in the Comprehensive
Plan and as required by the Design Standards or by
other valid development plans approved by City
Council.
(i) In the case of Perimeter Streets, 1/2 of the total
required Right-of-Way width for such Streets shall
be dedicated, unless the proposed development is
on both sides of the Street, or unless there is some
other compelling reason to require dedication of
more than half of the Right-of-Way width (such as
avoiding the infringement upon or demolition of
existing structures, avoiding crossing a creek or
flood plain or some other obstacle, or other similar
circumstance).
(ii) When the proposed development is on both sides
of the Street, the full Right-of-Way width shall be
dedicated.
(iii) In cases where construction of only one-half the
Street is deemed impractical or unsafe, more than
1/2 of the required width shall be dedicated and
the full Street shall be constructed by the
developer.
(2) Perimeter Streets. Where an existing improved half-
Street is adjacent to a new Subdivision or Addition, the
other half of the Right-of-Way shall be dedicated and
improved by the developer of the new Subdivision or
Addition in accordance with Article 3, Section 2 of
these Subdivision Regulations.
(3) Slope Easements. The dedication of Easements, in
Addition to dedicated Rights-of-Way shall be required
whenever, due to topography, additional width is
necessary to provide adequate earth slopes. Such
slopes shall be no steeper than three feet horizontal
run to one foot vertical height, or a 3:1 slope.
(g) General Construction. All improvements required to be
constructed by these Subdivision Regulations shall be
constructed to City Standards and within Rights-of-Way as
required by the Thoroughfare Plan and these Subdivision
Regulations, and in accordance with the Design Standards
and other City Standards as may be from time to time
amended or adopted.
(h) Intersection Improvements and Traffic Control Devices.
Intersection Improvements and Traffic Control Devices shall
be installed as may be required by the City for traffic safety
and efficiency.
(i) Phased Development. Where a Subdivision is proposed to
occur in phases, the Applicant, in conjunction with
submission of the Preliminary Plat, shall provide a schedule
of development.
(1) Intended Plan of Development & Dedication of Rights-
of-Way – The schedule shall set forth the intended
plan of development and dedication of Rights-of-Way
for Streets and Street Improvements, whether on-site
or off-site, intended to serve each proposed phase of
the Subdivision.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 25 of 57
(2) City Determination. The City shall determine whether
the proposed Streets and Street Improvements are
adequate pursuant to standards herein established,
and may require that a Traffic Impact Analysis be
submitted for the entire project or such phases as the
City determines to be necessary to decide whether the
Subdivision will be adequately served by Streets and
Thoroughfares.
(j) Private Streets. New Subdivisions may be constructed with
Private Streets that meet or exceed the specifications set
forth in the Design Standards for similar public Streets. The
construction of Private Streets shall be subject to standard
City inspections. Any Private Street Subdivisions that were
in existence (i.e., Platted of record at the County) on the
effective date of these Subdivision Regulations shall be
allowed to remain as Private Street Subdivisions provided
that the conditions of the Private Streets and the
maintenance thereof continues to meet or exceed City
Standards, and provided that a viable homeowners
association (HOA) or other similar organization continues to
exist to maintain the Private Streets and all appurtenances.
The City will not assist in enforcing deed restrictions. The
City may periodically inspect Private Streets, and may
require the HOA or other responsible organization to make
any repairs necessary to ensure efficient emergency
access and to protect the public health, safety, convenience
and welfare.
(1) Private Streets: Construction and Maintenance Cost –
The City shall not pay for any portion of the cost of
constructing or maintaining a Private Street.
(2) Private Streets: Traffic Control Devices – All private
traffic control devices and regulatory signs shall
conform to the “Texas Manual of Uniform Traffic
Control Devices”, as amended, and to City Standards.
(3) Private Streets: Restricted Access – The entrances to
all Private Streets shall be clearly marked with a Sign,
placed in a prominent and visible location, stating that
the Streets within the Subdivision are private, and that
they are not maintained nor regularly patrolled by the
City. All restricted access entrances shall be manned
24 hours every day, or they shall provide a reliable,
alternative means of ensuring access into the
Subdivision by the City, by emergency service
providers, and by other utility or public service
providers, such as postal carriers and utility
companies, with appropriate identification. The method
to be used to ensure City and emergency access into
the Subdivision shall be approved by the City’s Fire
Department and by any other applicable emergency
service providers. If the homeowners association
(HOA) fails to maintain reliable access as required
herein, the City may enter the Private Street
Subdivision and remove any gate or device which is a
barrier to access at the sole expense of the HOA.
(4) Private Streets: Waiver of Services – Certain City
services may not be provided for Private Street
Subdivisions. Among the services which may not be
provided include routine law enforcement patrols,
enforcement of traffic and parking regulations, and
preparation of accident reports. Depending upon the
characteristics of the development and upon access
limitations posed by the design of entrances into the
Subdivision, other services (such as sanitation) may
also not be provided.
(5) Private Streets: Petition to Convert to Public Streets –
The homeowners association (HOA) may petition the
City to accept Private Streets and any associated
property as public Streets and Right-of-Way upon
written notice to all association members and upon the
favorable vote of a majority of the membership.
However, in no event shall the City be obligated to
accept said Streets as public. Should the City elect to
accept the Streets as public, then the City has the right
to inspect the Private Streets and to assess the Lot
owners for the expense of needed repairs concurrent
with the City’s acceptance of the Streets. The City
shall be the sole judge of whether repairs are needed.
The City may also require, at the association’s or the
Lot owners’ expense, the removal of any guard
houses, access control devices, landscaping or other
aesthetic amenities located within the Street Right-of-
Way or within any other common area. The City may
also require the dedication of additional Street Right-
of-Way.
(6) Private Streets: Hold Harmless – The homeowners
association (HOA), as owner of the Private Streets and
appurtenances, shall release, indemnify, defend and
hold harmless the City, any other governmental entity,
and any public utility entity for damages to the Private
Streets that may be occasioned by the reasonable use
of the Private Streets by same, and for damages and
injury (including death) arising from the condition of the
Private Streets, out of any use of access gates or
cross arms, or out of any use of the Subdivision by the
City or governmental or utility entity.
1.04 Required Components of Traffic Impact Analysis
(TIA)
Whenever a TIA is conducted, the following elements shall be
included:
(1) General Site Description. The TIA shall include a
detailed description of the Street network within one
mile of the site, a description of the proposed land
uses, the anticipated states of construction, and the
anticipated completion date of the proposed land
development. This description, which may be in the
form of a map, shall include the following items:
(i) All major intersections;
(ii) All proposed and existing ingress and egress
locations;
(iii) All existing Street widths and Rights-of-Way;
and
(iv) All existing traffic signals and traffic-control
devices.
(2) Proposed Capital Improvements. The TIA shall identify
any changes to the Street network within one mile of
the site that are proposed by any government agency
or other developer. This description shall include the
above items as well as any proposed construction
project that would alter the width or alignment of
Streets affected by the proposed development.
(3) Street Impact Analysis.
(i) Trip Generation. For the proposed use, items
required to determine trip generation shall be
based upon the trip generation rates contained
in the most recent edition of the Institute of
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 26 of 57
Transportation Engineers’ Trip Generation
book, or shall be based upon data generated
by actual field surveys of area uses comparable
to the proposed use and approved by the City.
The following items shall be required to
determine trip generation: 1) average weekday
trip generation rates (trip ends); 2) the average
weekend trip generation rates (for uses other
than residential or institutional); 3) the highest
average a.m. and p.m. hourly weekday trip
generation rates; and, 4) the highest hourly
weekend generation rates (for uses other than
residential or institutional).
(ii) Trip Distribution. Within the study area
identified in Subsection 1.04(1) (General Site
Description) above, the distribution of trips to
arterial and collector Streets shall be in
conformity with accepted traffic Engineering
principles, taking into consideration: 1) the land
use categories of the proposed development;
2) the area from which the proposed
development will attract traffic; 3) competing
developments (if applicable); 4) the size of the
proposed development; 5) development
phasing; 6) surrounding existing and
anticipated land uses, population and
employment; 7) existing and projected daily
traffic volumes; and, 8) existing traffic
conditions identified pursuant to Subsection
1.04(1) above.
(4) Adequacy Determination. The Street network included
within the TIA shall be considered adequate to serve
the proposed development if existing Streets identified
as arterials and collectors are basically satisfactory to
good progression of traffic and can accommodate the
following:
(i) The existing service volume, and
(ii) The service volume of the proposed
development, and
(iii) The service volume of approved, but un-built
developments holding valid, unexpired building
permits.
(5) Intersection Analysis.
(i) Level of Service Analysis. For intersections within
the Street TIA area described in Subsection
1.04(1) herein (General Site Description), a level of
service analysis shall be performed for all arterial-
to-arterial, arterial-to-collector, collector-to-arterial,
and collector-to-collector intersections, and for any
other pertinent intersections identified by the City.
Also, level of service analyses will be required on
all proposed site driveway locations for all
nonresidential developments.
(A) The City may waive analysis of minor
intersections and site driveway locations within
the TIA’s one-mile radius.
(B) The level of service analysis shall be based upon
the highest hourly average a.m. or p.m. peak
weekday volume or highest average hourly peak
weekend volume as determined from a two-day
survey of weekday volumes and, where
necessary, a one-day survey of weekend
volumes.
(C) The level of service analysis shall take into
consideration:
(I) lane geometry;
(II) traffic volume;
(III) percentage of right-hand turns;
(IV) percentage of left-hand turns;
(V) percentage (and typical size) of trucks;
(VI) intersection width;
(VII) number of lanes;
(VIII) signal timing and progression;
(IX) street grades;
(X) pedestrian and bicycle flows;
(XI) school routes;
(XII) number of accidents; and
(XIII) peak hour factor.
(ii) Adequacy Analysis. The intersections included
within the TIA shall be considered adequate to
serve the proposed development if existing
intersections can accommodate:
(A) the existing service volume;
(B) the service volume of the proposed
development; and
(C) the service volume of approved, but un-built
developments holding valid, unexpired building
permits.
1.05 Arrangement of Streets Not Shown on the
Thoroughfare Plan
For Streets that are not shown on the City’s Comprehensive
Plan, such as local residential Streets, the arrangement of such
Streets within a Subdivision shall:
(1) Provide for the continuation or appropriate projection
of existing Streets from or into surrounding areas;
(2) Conform to a plan for the neighborhood approved or
adopted by the City to meet a particular situation
where topographical or other conditions make
continuance or conformity to existing Streets
impractical;
(3) Provide for future access, such as by stubbing Streets
for future extension, to adjacent vacant areas which
will likely develop; and
(4) Not conflict in any way with existing or proposed
driveway openings – including those on the other side
of an existing or planned median-divided arterial, in
which case new Streets shall align with such driveway
openings such that median openings can be shared.
1.06 Discouraging Through Traffic in Residential
Development
(a) Residential Collector Streets and minor residential Streets
shall be laid out such that their use by through traffic will be
discouraged, such as via circuitous routes or multiple turns
or offsets, but such that access is provided to adjacent
Subdivisions.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 27 of 57
(b) Wherever the Right-of-Way width of a collector or
residential Street must transition to a greater or lesser
width, such transition shall occur along the front, side or
rear Lot lines of adjacent Lots (for a reasonable distance)
and shall not occur within the Street intersection itself. In
other words, the Right-of-Way width shall be the same on
both sides of the Street intersection.
(c) Direct vehicular access from single family or two family
residential Lots onto any type of Street other than a Local
Street is prohibited, except for Residential Collector Streets
provided that neither side of the Street runs along the
vehicle-accessible side(s) of a Lot(s) for a combined linear
distance exceeding 20% of the total centerline length of the
Street. Such calculations shall be submitted with the
Preliminary Plat Application, thereby verifying that Lots
fronting onto a collector Street do not exceed this allowed
percentage.
(d) At least 30% of the total centerline length of all Streets
(including collector Streets) within a residential Subdivision
containing 30 Lots or more – or within each phase of a
residential Subdivision, unless otherwise approved by City
to apply to the Subdivision in its entirety rather than each
individual phase – shall be curvilinear in design except the
minimum centerline radius for residential Streets shall be
150 feet. Calculations shall be submitted with the
Preliminary Plat Application, thereby verifying that this
requirement is being met.
1.07 Residential Subdivision Abutting or Containing an
Existing or Proposed Arterial Street
Where a residential Subdivision abuts or contains an existing or
proposed Arterial Street, the City may require marginal access
Streets, reverse frontage Lots (Lots which back onto the
arterial), or such treatment as may be necessary for adequate
protection of residential properties and to afford separation of
through and local traffic.
1.08 Reserve Strips Prohibited
Reserve strips controlling access to Streets shall be prohibited,
except where their control is required by the City.
1.09 Centerline Offsets
Intersecting, undivided Streets with centerline offsets of less
than 150 feet shall be prohibited. Intersecting Streets onto an
existing or future divided Street shall be configured such that the
centerline offset will accommodate the appropriate median
opening and left-turn lanes (with required transition and stacking
distances) on each divided Street, and shall be aligned with any
existing or proposed Streets or driveways on the opposite side
of the divided Street (in order to share the median opening).
1.10 Degree Required for Intersections
A Street intersection with a major Thoroughfare shall be at a 90
degree angle and shall be tangent for at least 100 feet. All other
Street intersections shall be laid out so as to intersect as nearly
as possible at a 90 degree angle or radial to the centerline of
the intersecting Street for the full Right-of-Way width of the
intersecting Street, and tangent to the intersecting Street for at
least 50 feet. No Street shall intersect at an angle that is less
than 80 degrees.
1.11 Spacing of Intersections
Intersections of Arterial Streets shall be at least 800 feet apart.
1.12 Street section Requirements
(a) Typical Street sections shall be based upon projected traffic
volume, existing soil conditions, and drainage condition and
requirements. Street Right-of-Way widths, Pavement
Widths, and Median Widths shall be as shown on the
Comprehensive Plan, in the City’s Design Standards, and
shall specifically be as specified in Article 9, Table 1.
(b) Open-ditch Streets shall have a Right-of-Way width and
Pavement Width as required in the Design Standards.
Open-ditch Streets may be approved only within a single-
family Subdivision where all Lots within the Subdivision are
one acre or larger. Approval by the Planning & Zoning
Commission and City Council of open-ditch Streets is not
mandatory but rather discretionary.
1.13 Street Loading Requirements
Refer to the City’s Design Standards.
1.14 Half-Streets
(a) Unless otherwise provided within these Subdivision
Regulations, only full-width Streets shall be constructed. If
the exceptions outlined herein are applicable, the
construction of half-Streets shall comply with Article 3,
Section 2 of these Subdivision Regulations.
(b) Construction of 1/2 Streets shall be prohibited, except:
(1) when essential to the reasonable development of the
Subdivision in conforming with the other requirements
of these Subdivision Regulations and the
Thoroughfare Plan;
(2) where the City makes a determination that there is no
immediate need to be gained by constructing the full
Street section since no access from the Street will be
needed by the Subdivision in question; or
(3) where the City determines that it would be more
practical, or cost effective, to delay construction of the
other half of a Street until the adjoining property is
developed.
(c) Whenever a partial Street has been previously Platted
along a common property line, the other portion of the
Street Right-of-Way shall be dedicated such that the Right-
of-Way is increased to the Street’s ultimate planned width.
1.15 Maximum & Minimum Length of Block or Street
Segments
The maximum length of any block or Street segment, including a
looped Street, shall be 800 feet and the minimum length of any
block or Street segment shall be 400 feet, as measured along
the Street centerline and between the point(s) of intersection
with other through Streets. A Cul-De-Sac or Dead-End Street
shall not be considered a through Street. The Block Length is
not measured along the side of a block that does not include the
front of any Lot.
1.16 Maximum Length of Cul-de-Sac Streets
A Cul-De-Sac Street shall not be longer than 600 feet, and at
the closed end shall have a turnaround bulb with an outside
pavement diameter of at least 80 feet and a Right-of-Way
diameter of at least 100 feet. The length of a Cul-De-Sac shall
be measured from the centerline of the intersecting Street to the
centerpoint of the Cul-De-Sac bulb.
1.17 City Council Waivers/Suspensions of Overlength
Streets or Cul-de-Sacs
The City Council may approve waivers/suspensions (procedures
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 28 of 57
for which are outlined in Article 1, Section 10 of these
Subdivision Regulations) for Overlength Streets or Cul-De-Sacs,
whether temporary or permanent, upon considering the
following:
(a) Alternative designs;
(b) The effect of Overlength Streets upon access, congestion,
delivery of municipal services, and upon convenience to
residents of the Subdivision in traveling to and from their
homes; and
(c) Means of mitigation, including additional mid-block Street
connections, limitation on the number of Lots to be served
along an Overlength Street segment or Cul-De-Sac, points
of emergency access, and additional fire protection
measures.
1.18 Dead-End Streets
(a) No Dead-End Streets shall be approved, except where no
other alternative is available, and unless such Dead-End
Streets are provided to connect with future Streets on
adjacent land (i.e., the Dead-End Street is a stub-out
Street).
(b) In the case of Dead-End Streets which will eventually be
extended into the adjacent Subdivision, no more than one
Lot (per side) can front onto the Dead-End Street stub
unless a temporary turnaround bulb (with the appropriate
temporary Street Easement) is provided at the end.
(c) A temporary Dead-End Street shall not exceed the
maximum allowed length of a normal Cul-De-Sac and the
temporary turnaround bulb must be constructed like a Cul-
De-Sac, as provided in Subsection 1.16 above. The City
Engineer may authorize the use of asphalt or other durable
paving material than concrete for the arc, or “wing”, portions
of the temporary turnaround bulb in order to minimize the
cost of removing those portions when adjacent
development occurs.
(d) A note shall be placed on the Final Plat clearly labeling any
temporary Dead-End Streets (if any) that will at some point
be extended into the adjacent property.
(e) Signage shall be placed at the end of the constructed
Street stub, such as on the barricade, also stating that the
Street will be extended in the future. Signage and related
lettering must be large enough to be legible by a Person
with normal vision at a 20-foot distance.
(f) Any required temporary turnaround Easements shall be
shown on the Final Plat along with their appropriate
recording information, if they are off-site or are established
by separate instrument.
1.19 New Streets Extending Existing Streets
New Streets which extend existing Streets shall bear the names
of the existing Streets, and shall be dedicated at equal or
greater Right-of-Way widths than the existing Streets for an
appropriate transition length, if applicable.
1.20 Driveway Access – Residential & Nonresidential
(a) Residential Driveways. Residential driveway cuts shall not
be allowed on Streets that are larger than a neighborhood
or Residential Collector Street (60-foot Right-of-Way).
Residential driveways shall be at least 30 feet from any
intersection. Rear and side driveway access to collector
and Thoroughfare Streets shall be prohibited.
(b) Nonresidential Driveways – Number. The maximum
number of nonresidential driveway cuts permitted shall not
exceed the following, according to the nonresidential Lot
size:
(1) One driveway cut for Lot frontages of 100 feet or less;
(2) Two driveway cuts for Lot frontages of 101 feet to 400
feet or less;
(3) Three driveway cuts for Lot frontages of 401 feet to
600 feet;
(4) Four driveway cuts for Lot frontages greater than 600
feet.
(c) Nonresidential Driveway – Separation. The minimum
separation between driveways shall not be less than the
following distances:
(1) Fifty (50) feet on Local Streets;
(2) Ninety (90) feet on neighborhood collector Streets;
(3) One hundred (100) feet on divided and undivided
collector Streets.
(4) One hundred and twenty (120) feet on Arterial Streets.
(5) One hundred (100) feet or a distance equal to 60% of
the Lot frontage (whichever is less) on any type of
Street from a through-Street intersection.
(d) Nonresidential Driveways – Shared Access. Shared access
driveways may be required by the City in order to ensure
public safety access by providing mutual/common access
to a median opening, to minimize the number of driveway
cuts on Streets, thereby maintaining Street mobility, and to
facilitate traffic flow between adjacent Lots. (See Article 9,
Diagram A.)
(1) A shared mutual access Easement(s) for a driveway(s)
may be required between adjacent Lots fronting on an
arterial or collector Street, as designated on the
Comprehensive Plan (as the Street exists or is
planned to be improved in the future);
(2) The location and dimensions of such Easement(s)
shall be determined by the Planning Director.
(3) Such Easements shall be noted on the Preliminary
Plat and Final Plat.
(e) Nonresidential Driveways – Cross Access Internal
Driveways. Cross access Easements for internal driveways
may be required by the City in order to minimize the
number of driveway cuts on Streets, thereby maintaining
Street mobility, and to facilitate traffic flow between
adjacent Lots. (See Article 9, Diagram A.)
(1) A cross access Easement(s) for an internal
driveway(s) may be required between adjacent Lots;
(2) The location and dimensions of such Easement(s)
shall be determined by the Planning Director.
(3) Such Easements shall be noted on the Preliminary
Plat and Final Plat.
(f) Driveways (Residential and Nonresidential) on TxDOT
Streets. All driveway cuts on Streets and highways
maintained by the Texas Department of Transportation
(TxDOT) (e.g., State roads, highways) shall meet the
requirements of TxDOT’s Access Management Manual (as
may be amended) and Roadway Design Manual (as may
be amended), as applicable for the spacing and design of
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 29 of 57
the driveway, unless City Standards are more stringent, in
which case City Standards shall be met.
(g) Maintenance Agreements. An agreement that provides for
the perpetual maintenance of a shared driveway, cross
access internal driveway, or any other common facility is
required and must be filed at the time of Final Plat approval.
All agreements are subject to review and approval by the
City Attorney.
(h) Driveway Construction. All driveways that access Streets
or highways owned or maintained by the City of Anna shall
be constructed in accordance with the driveway design
standards outlined in the City’s Design Standards.
Notwithstanding any other provisions of this Part of the
Code or the Design Standards, rear and side residential
driveway access to Expressways, Arterials and any type of
collector Streets shall be prohibited.
Section 2. Perimeter and Approach Streets
2.01 Policy and Purpose
(a) It is the policy of the City that the developer or Subdivider of
a Subdivision within the City or its Extraterritorial
Jurisdiction shall be responsible for the dedication of Right-
of-Way and the construction or improvement of appropriate
portions of Perimeter and Approach Streets which are
necessitated by and attributable to that Subdivision. The
policy is based on the view that the developer of a
Subdivision should provide access and transportation
facilities necessary to serve the new Subdivision and that
the Perimeter and Approach Streets will provide access to
and from the Subdivision, thus increasing the marketability,
utility, and ultimately the value of the property within the
Subdivision. The developer may be reimbursed for part of
the cost of providing this access in accordance with this
section.
(b) The purpose of this section is to establish responsibilities
for the dedication of rights-of-way and the construction of
Street Improvements on Streets directly abutting and/or
providing access to property undergoing the process of
Subdivision under laws and regulations of the City. This
section is designed to be used in conjunction with the
Comprehensive Plan to ensure an orderly development
plan for the growth of the community and to ensure
compatibility of Street systems and the development of
public works infrastructure necessary to support new
growth and development.
2.02 Requirement for dedication and construction of
Perimeter Streets
(a) Dedication Requirement.
(1) A Subdivider shall dedicate a portion of the Right-of-
Way for Perimeter Streets sufficient for the type of
Street that is reflected in the City's Comprehensive at
that location.
(2) The Subdivider shall dedicate those portions of the
Right-of-Way lying between the center line of the
Perimeter Street and the nearest property line of the
subdivided property. If a Subdivision borders only one
side of a Perimeter Street, the Subdivider is
responsible for dedicating Right-of-Way needed for the
one-half of the Street Right-of-Way that is contiguous
to the Subdivider's property. If a Subdivider owns a
tract of land that is bordered by a Perimeter Street on
more than one side, the Subdivider is responsible for
dedicating appropriate Right-of-Way for the entire
width of the Perimeter Street.
(b) Additional Right-of-Way. When a Subdivider is required to
dedicate Right-of-Way for a Perimeter Street or to construct
Perimeter Street Improvements, the City may require the
Subdivider to dedicate Right-of-Way for ancillary drainage
improvements and to construct necessary supporting
drainage improvements.
(c) Required Paving/Construction. Minimum width of a two-
lane Thoroughfare section shall be 25 feet.
2.03 Specific Perimeter Street Requirements
(a) Local Streets. When Development occurs adjacent to a
Perimeter Street that is not designated as an Arterial or
Collector Street on the Comprehensive Plan, the Developer
shall comply with the following requirements:
(1) Existing Street. If the Local Street adjacent to the
Subdivision is not already built to City Standards, the
Developer shall, at the option of the City, prior to
acceptance of the Subdivision by the City:
(i) Dedicate any additional Right-of-Way or
easements needed for the Street and other
Public Improvements directly adjacent to the
Developer's side of the existing Street and
Right-of-Way; and
(ii) Install, reinstall, or upgrade any street paving
curb, gutter, drainage, sidewalks, signage,
lighting, or other improvements as determined
necessary by the Planning Director or City
Engineer.
(2) Perimeter Street Fee for Existing Street. If the
Perimeter Street was constructed by a prior Developer
under the provisions of a Subdivision Improvement
Agreement that allows for reimbursement (see Article
6, Section 2.09), then the current Developer shall be
charged a Perimeter Street Fee equal to the
reimbursement amount described in the prior
Subdivision Improvement Agreement. The current
Developer shall pay this fee to the City before
acceptance of the Subdivision by the City.
(3) No existing Street; Developer responsibility for
construction. If the Local Street adjoining the
Development has not been constructed, or is in such
condition that complete reconstruction is, in the opinion
of the City Engineer or as determined by a Traffic
Impact Analysis necessary, the Developer must
construct a complete City Standard Street with curb,
gutter, drainage facilities, sidewalks, and signage in
conformance with City Standards. The initial Developer
is required to construct a complete Street because it is
impractical and unsafe to build only one-half of a two-
lane Street. The Developer is responsible for all
construction, engineering, testing, and inspection costs
(b) Collector Streets. When Development occurs adjacent to a
Perimeter Street, which is designated as a Major Collector
or Minor Collector Street in the Comprehensive Plan, the
Developer shall comply with the following requirements:
(1) Existing Street. If the Minor or Major Collector Street
adjacent to the Subdivision is not already built to City
Standards, the Developer shall:
(i) Dedicate any additional Right-of-Way or
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 30 of 57
easements needed for other Public
Improvements directly adjacent to the
Developer's side of the existing Street surface
and Right-of-Way; and
(ii) Install, reinstall, or upgrade any, street paving,
curb, gutter, drainage, sidewalks, signage,
lighting, or other improvements as determined
by the necessary by the Planning Director or
City Engineer.
(2) Perimeter Street Fee for Existing Street. If the
Perimeter Street was constructed by a prior Developer
under the provisions of a Subdivision Improvement
Agreement that allows for reimbursement (see Article
6, Section 2.09), then the current Developer shall be
charged a Perimeter Street Fee equal to the
reimbursement amount described in the prior
Subdivision Improvement Agreement. The current
Developer shall pay this fee to the City before
acceptance of the Subdivision by the City
(3) No Existing Street; Developer Responsibility for
Construction. If the Perimeter Street adjoining the
Development is proposed to be a Major or Minor
Collector Street, and the Street has not been
constructed or is in such condition that complete
reconstruction is, in the opinion of the City Engineer or
as determined by a Traffic Impact Analysis necessary,
the Developers along each side of the Street must
construct at least two complete lanes with curb, gutter,
signage, drainage and sidewalk facilities in
conformance with City Standards. The Developer is
responsible for all construction, engineering, testing,
and inspection costs. Construction of the Street or
portion of the Street, as required by the City, must be
completed prior to acceptance by the City of the
Subdivision adjacent to the Perimeter Street.
2.04 Requirement for Dedication and Construction of
Approach Streets
Nonavailability of Approach Street Access. If sufficient vehicular
access approaching the Subdivision is not available to serve the
proposed Subdivision as determined by the City Engineer or a
Traffic Impact Analysis, the Developer must:
(1) Discontinue Development until an adequate Approach
Street has been installed providing access to and from
an improved Street/Thoroughfare;
(2) Petition the City Council to expedite the construction or
expansion of an Approach Street serving the proposed
Subdivision under its regular capital improvement
program; or
(3) Construct or expand the Approach Street in order to
provide required access to the proposed Subdivision.
The Developer will be responsible for all costs
associated with the construction of necessary
Approach Streets, including, but not limited to
engineering, surveying, testing, Easement preparation
Easement and Right-of-Way acquisition, and
inspection.
2.05 Escrow funds
(a) Established. The City shall establish an Escrow fund for the
deposit of all Perimeter Street Fees. A separate Escrow
fund shall be established for each Street constructed by the
Developer. All monies received from subsequent
Developments or Subdivisions for pro rata reimbursements
shall be deposited into the specific Escrow fund
established. Funds in a specific Escrow account shall be
used only for the project for which the particular Escrow
fund was established.
(b) When City may Take Possession of Funds. In the event
that the City collects a Perimeter Street Fee under the
terms of this Section 2 and the original Developer no longer
exists or cannot reasonably be located, the City may, after
a period of six months, take possession of the funds and
use them to make general Street Improvements in the City.
2.06 Deadlines and Adjustments
(a) Time for Payment or Construction. All construction or
Escrow and payment of funds by a Developer as required
in this section shall be due and payable prior to acceptance
of the Subdivision by the City. Fees or construction
requirements shall be paid for all property that is final
Platted at time of construction of the Subdivision.
(b) Adjustment. The City Council may, in appropriate cases
and based upon specific facts presented, authorize an
adjustment, offset or waiver of any construction or fee
payment requirements under this Section 2 where it is
determined that such requirements place an unreasonable
burden on the Development, do not bear a rough
proportionality to the requirements necessary to serve the
Development or offset the impact of the Development. All
such requests for adjustments shall comply with the
requirements in Article 1, Section 11 of these Subdivision
Regulations.
Section 3. Alleys
3.01 Application of Standards
The standards for Alleys within this section shall be applicable to
any Alleys provided or constructed by a developer in any
development in Anna or its ETJ.
3.02 Residential Alleys
In residential districts, Alleys shall be parallel, or approximately
parallel, to the frontage of the Street. Alleys in residential
districts shall provide a minimum of 15 feet of Right-of-Way and
10 feet of pavement.
3.03 Nonresidential Alleys
Service Alleys in nonresidential districts shall have a minimum
Right-of-Way width of 20 feet and a Pavement Width of 15 feet.
3.04 General Design Standards for Alleys
(a) Pavement. Alleys shall be paved in accordance with the
City of Anna’s Design Standards and construction
standards that are in effect at the time the Preliminary Plat
Application is officially submitted and deemed a complete
Application.
(b) Turnouts & Street Entrances. Alleys shall have adequate
turnouts and Street entrances such that vehicular traffic
flow is continuous and efficient. Where a temporary dead-
end Alley situation is unavoidable, a temporary turnaround
bulb having a minimum radius of 40 feet or a turnout onto a
Street, either of which will need a temporary Easement for
Street or Alley purposes, shall be provided as determined
by the Planning Director; in such case, the developer shall
pay for and post a Sign that meets City specifications at the
entrance denoting the dead-end Alley.
(c) Maximum Length & Waivers/Suspensions. Alleys shall not
exceed a maximum length of 800 feet, as measured along
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 31 of 57
the centerline of the Alley and between intersections with
other Alleys or entrances onto Streets (at the Right-of-Way
line of the Street at the Alley entrance). The City Council
may approve waivers/suspensions for Overlength Alleys
upon consideration of the following:
(1) Alternative designs;
(2) The effect of Overlength Alleys upon access,
congestion, delivery of municipal services, and upon
convenience to residents of the Subdivision in
accessing rear driveways and in driving around to the
front of their homes; and
(3) Means of mitigation, including but not limited to
additional mid-block Alley turnouts, limitation on the
number of Lots to be served along a single Alley
segment, points of access, and additional fire
protection measures.
(d) Intersections. Alley intersections shall be perpendicular and
at a 90° degree angle or radial to the intersecting Alley
centerline for the full Alley Right-of-Way width. Intersection
pavement design shall be of sufficient width and inside
radius to accommodate waste collection and emergency
vehicles. Intersections shall be three-way wherever
possible, and four-way intersections shall be avoided. No
Alley intersection serving more than four directions shall be
allowed.
Section 4. Easements
4.01 Width of Easements
(a) Utility. The minimum width for utility Easements shall be in
accordance with the standards outlined in the Design
Standards and shall be adequate for the installation and
maintenance of utilities that are likely to be located in the
Easement.
(b) Drainage. The minimum width for City drainage Easements
shall be as required by the Planning Director and City
Engineer.
(c) Storm Drainage or Floodway. Where a Subdivision is
traversed by a watercourse, drainageway or channel, there
shall be provided a storm drainage Easement or Right-of-
Way conforming substantially with such course and of such
additional width as may be designated by the Planning
Director and City Engineer, subject to determination
according to proper Engineering considerations. The
required width shall conform to the requirements set forth
by the Federal Emergency Management Agency (FEMA),
the U.S. Army Corps of Engineers, and/or the City. Parallel
Streets or parkways are encouraged adjacent to certain
portions of creek or drainageways to provide maintenance
access and/or public access and visibility into public open
space or recreation areas. Utilities may be permitted within
a drainage or floodway Easement only if approved by the
Planning Director and City Engineer and any other
applicable entity requiring the drainage or floodway
Easement.
(d) Other. The width of Easements for other utility providers,
such as for gas, electric, telephone or cable television, shall
be as required by that particular entity. It shall be the
Developer’s responsibility to determine appropriate
Easement widths required by other utility companies.
4.02 Location of Easements
Easement shall be located to accommodate the optimal design
(as determined by the City) of the various utility and drainage
systems that will serve the Subdivision, and shall be provided in
locations to accommodate any public purpose deemed
necessary to protect the public health safety and welfare. In
residential Subdivisions, where Alleys are not provided, a
minimum 10 foot wide utility Easement shall be provided along
the front of all Lots, adjacent to and flush with the Street Right-
of-Way line for the potential placement of utility facilities.
4.03 Computation of Lot & Buildable Area
A Lot’s area shall be computed inclusive of all Easements.
However, there shall be a minimum buildable area, exclusive of
required Easements, buffer zones and setbacks for each Lot.
The minimum buildable area shall be an area 1/2 of the required
minimum Lot size. If the City disputes the buildable area of any
Lot, the Developer shall submit verification in writing that the
buildable area is adequate for the type of housing product (or
nonresidential building) proposed for that Lot. Final approval of
the allowed buildable area for any Lot shall be by the City.
4.04 On-Site Easements Shown on Plat
For new development, all necessary on-site Easements shall be
established on the Plat and not by separate instrument, and they
shall be labeled for a purpose, such as for franchised public
utilities. Other examples include, but are not limited to, the
following: a drainage Easement, which is dedicated to the City
for a drainage structure; an access Easement, which is
dedicated to the public for unrestricted access purposes; a fire
lane Easement, which is dedicated to the City and its fire
suppression and emergency medical service providers for
access purposes; and an electrical, gas, or telephone Easement
which is dedicated to the specific utility provider that requires the
Easement.
4.05 Visibility Easements
(a) Type of Intersection. Whenever an intersection of two or
more public Rights-of-Way occurs, a triangular visibility
area shall be created. The visibility Easement for each type
of intersection shall be as follows:
(1) Intersection of two Arterial Streets: 40 feet from the
intersection Right-of-Way;
(2) Intersection of a collector or Local Street onto an
Arterial Street: 25 feet from the intersection Right-of-
Way;
(3) Intersection of two collector or Local Streets (or one of
each): 25 feet from the intersection Right-of-Way; and
(4) Intersection of two Alleys: 20 feet from the intersection
right of way.
(b) Fixed Items. The maximum height of fences, walls, signs,
and other similar fixed items shall be 30 inches within the
visibility Easement.
(c) Landscaping. All landscaping (and any other fixed feature)
within the triangular visibility area shall be designed to
provide unobstructed cross-visibility at a level between 30
inches and eight feet. A limited number of single-trunked
trees may be permitted in this area provided they are
trimmed in such a manner that no limbs or foliage extend
into the cross-visibility area. Landscaping, except grass and
low ground cover, shall not be located closer than three feet
from the edge of any Street pavement.
Section 5. Blocks
5.01 Determination
The length, width and shapes of blocks shall be determined with
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 32 of 57
due regard to the following:
(a) Provision of adequate building sites suitable to the special
needs of the type of use contemplated;
(b) Zoning requirements as to Lot sizes, setbacks and
dimensions (if within the City’s corporate limits); and
(c) Needs for convenient access, circulation, control and safety
of Street traffic and for pedestrians or bicyclists traveling to
a public park or school site or other facility within or close to
the neighborhood.
5.02 Lengths & Widths
Intersecting Streets, which determine the lengths and widths of
blocks, shall be provided at such intervals as to serve cross-
traffic adequately, to provide adequate fire protection, and to
conform to customary Subdivision practices. Where no existing
Subdivision or topographical constraints control, Block Lengths
shall be in accordance with Article 3, Section 1.15 of these
Subdivision Regulations. However, in cases where physical
barriers or Property Ownership creates conditions where it is
appropriate that these standards be varied, the length may be
increased (through issuance of a waiver/suspension by the City
Council) or decreased to meet the existing conditions having
due regard for connecting Streets, circulation of traffic and public
safety.
Section 6. Sidewalks
6.01 Provided in Residential & Nonresidential Areas
(a) Pedestrian concrete walkways (sidewalks) not less than the
following width shall be provided along both sides of newly
constructed Streets as follows:
STREET TYPE SIDEWALK WIDTH
Arterial 5 feet
Divided and Undivided Collector 5 feet
Neighborhood Collector 5 feet
Local Residential 4 feet
(b) Construction standards for sidewalks shall be as set forth in
the City of Anna’s Design Standards.
6.02 Provided Along Perimeter Streets
(a) All sidewalks along a Perimeter Streets are considered part
of the overall development’s required Public Improvements.
A Certificate of Occupancy will not be issued for any Lot
within the Subdivision until the required sidewalks are in
place or appropriate Surety is provided.
(b) The cost and provision of any perimeter sidewalks, such as
along major Thoroughfares, may be Escrowed as a part of
a Subdivision Improvement Agreement, if approved by the
City Council. The City has the right to refuse Escrow and to
require paving of the sidewalks if, in its sole opinion,
immediate provision of the sidewalks is necessary for safe
pedestrian circulation or if it would otherwise protect the
public health, safety, convenience or welfare.
6.03 Pedestrian Access
The City may require, in order to facilitate access from the
Streets and Streets to schools, parks, playgrounds or other
nearby Streets, perpetual unobstructed Easements of up to 15
feet in width. The improved pedestrian surface that provides
such access must be within the Easement.
Section 7. Lots
7.01 Requirements of the Zoning District If Applicable
Lots shall conform to the minimum requirements of the
established zoning district, if located within the City’s corporate
limits.
7.02 Minimum Frontage on a Public Street
Each Lot on a Subdivision Plat shall front onto a dedicated,
improved public Street, or approved commercial private access
unless Platted as an approved Private Street Subdivision in
accordance with these Subdivision Regulations. All Lots shall
have a minimum of 40 feet of frontage along the pavement edge
of a dedicated, improved Street or access.
7.03 Irregularly Shaped Lots
Irregular-shaped Lots shall have sufficient width at the building
line to meet Lot width and frontage requirements of the
appropriate zoning district (if within the City’s limits). Such Lots
shall also provide a reasonable building pad without
encroachment into front, side or rear Yard setbacks or into any
type of Easement. Also, the rear width shall be sufficient to
provide access for all necessary utilities, including access for
driveways when Alleys are present (minimum 20-foot Alley
frontage). In general, triangular, severely elongated or tapered,
“flag” or “panhandle” Lots shall be avoided, and the City
reserves the right to disapprove any Lot which, in its sole
opinion, will not be suitable or desirable for the purpose
intended, which is an obvious attempt to circumvent the purpose
and intent of Lot configuration or Lot width minimums, or which
is so oddly shaped as to create a hindrance to the logical Lot
layout of surrounding properties.
7.04 Side Lot Lines
Side Lot lines shall be at 90º degree angles or radial to Street
Right-of-Way lines to the greatest extent possible. The City
reserves the right to disapprove any Lot which, in its sole
opinion, is shaped or oriented in such a fashion as to be
unsuitable or undesirable for the purpose intended, or which is
not appropriately oriented toward its Street frontage.
7.05 Double Frontage Lots
Double frontage Lots shall be avoided, except where they may
be essential to provide separation of residential development
from arterial or collector Streets, or to overcome a specific
disadvantage or hardship imposed by topography or other
factors. Where Lots have double frontage, appropriate Building
Setback Lines shall be established for each Street side, and rear
Yard screening shall be provided in accordance with Article 5,
Section 7 of these Subdivision Regulations. Except as provided
within this subsection, residential Lots shall not back onto any
residential Street or collector Street within a residential area or
neighborhood, and shall not have more than 1/2 of their
perimeter boundaries along Streets.
7.06 Corner Lots
(a) Corner lots with a width less than 65 feet are to be at least
five feet wider than the average of interior lots in the block.
Corner Lots with a width less than 75 feet adjacent to a
Major Collector or Thoroughfare shall be at least 15 feet
wider than the average of interior lots in the block.
(b) Where corner lots are key lots, the corner lot shall have a
front building line on both Streets, unless said key lot is
separated from other lots by a dedicated Street or Alley.
(c) Where corner lots are also double frontage lots,
consideration shall be given to providing adequate width
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 33 of 57
and depth to ensure that adequate site visibility is provided
at the rear corner intersection
7.07 Lot Depth
(a) No lot shall be Platted less than 100 feet in depth.
(b) Lots facing or backing on major Streets shall be at least 10
feet deeper than the average depth of lots facing on the
minor Streets.
7.08 Computation of Lot & Buildable Area
A Lot’s area and buildable area shall be computed as outlined in
Section 4.03, above.
Section 8. Building Lines
8.01 Platting
Front building lines shall be shown on all Plats (i.e., all types) for
all Lots.
8.02 Requirements in City
For property that is within the City, building lines shall be
consistent with the Zoning Ordinance requirements for the
district in which the development is located and with any other
applicable City ordinance.
8.03 Requirements in Extraterritorial Jurisdiction
For property that is within the City’s extraterritorial jurisdiction,
the minimum front building line for all Lots (residential or
nonresidential) shall be 25 feet.
Section 9. Utility Services not provided by the City of
Anna
9.01 Meanings
For the purposes of this section of the Code, the following terms,
phrases, words, and their derivatives shall have the meanings
given herein. Definitions not expressly prescribed herein are to
be determined in accordance with customary usage in municipal
planning and Engineering practices. Words used in the present
tense include the future, words in the plural number include the
singular number, and words in the singular number include the
plural. The word "shall" is deemed as mandatory. The word
"may" is deemed as permissive.
Utility Services means the facilities of any Person, firm or
corporation providing electric, natural gas, telephone, cable
television, internet, or any other such item or service for public
use approved but not provided by the City of Anna.
Feeder or Feeder/Lateral Line means high voltage supply
electric lines carrying more than 69,000 volts that emanate from
substations used to distribute power through an area to an
unspecified number of customers.
Lateral Lines mean those electric or telephone lines used to
distribute service from a Feeder Line to a single Subdivision.
These electric lines are normally connected to a Feeder Line
through a sectionalizing device such as a fuse.
Service Lines mean those lines used to connect between the
utilities' system or Lateral Lines and the end user’s meter box.
9.02 Provision for Utility Services
(a) All Subdivision Plats and engineering plans submitted to
the City of Anna for approval shall provide for Utility
Services such as electrical, gas, telephone and cable
television utility lines, including lateral or service distribution
lines, and wires to be placed underground. Feeder and
other major transmission lines may remain overhead within
the appropriate Easements. There shall be provided at
Street intersections underground conduits as approved by
the City Engineer for utility public road Right-of-Way
crossings. There shall be no other utility road crossings
except as authorized by the Director of Public Works or City
Engineer. No utilities except those of the city may be
installed in the rights-of-way of public roads except as
provided in the City’s regulations governing Management of
Public Rights-of-Way set forth in Part II, Article 50 of this
Code.
(b) Feeder Lines.
(1) An Applicant shall endeavor and, whenever practical,
the City shall require that Feeder Lines are placed
away from major or Minor Collectors or arterials, as
shown on the Comprehensive Plan.
(2) Whenever practical, Feeder Lines which are to be
placed overhead shall not be placed along both sides
of the Street Right-of-Way.
(c) Utility Companies.
(1) The locations, widths and configurations of Easements
for any utility service provider other than the general
utility Easements dedicated to the City of Anna shall
be determined, approved and acquired (if necessary)
by the applicable utility service provider.
(2) Each of the utility companies shall be responsible for
developing administrative policies, criteria for
Easement size, and cost reimbursement procedures
for the installation and extension of their underground
utilities.
(3) Nothing herein shall prohibit or restrict any utility
company from recovering the difference in cost of
overhead facilities and underground utilities from the
developer in accordance with the provisions of such
utility's approved tariff.
(4) No utility company shall be required or permitted to
begin construction of underground facilities unless and
until the developer of the Subdivision has made
arrangements satisfactory to the specific utility
company for the payment of such difference between
the cost of overhead facilities and underground
facilities.
9.03 Electrical & Telephone Support Equipment
All electrical and telephone support equipment, including
amplifiers and switching devices necessary for underground
installations, shall be pad- or ground-mounted, or shall be
placed underground and not overhead, unless the Subdivision is
served from perimeter overhead electrical facilities.
9.04 Temporary Overhead Lines & Facilities
Temporary construction service may be provided by overhead
electric lines and facilities without obtaining a waiver/suspension
or special exception, provided that when the underground utility
service to any portion of a Subdivision is completed, such
overhead electric lines and facilities are promptly removed.
9.05 Existing Facilities
Nothing in this section shall be construed to require any existing
facilities in place prior to the effective date of these Subdivision
Regulations to be placed underground.
9.06 Metering
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The metering for utilities such as water, gas and electricity shall
be located on the individual Lots to be served, not grouped
together in a centralized location(s), such as “gang-box” style
metering stations, unless specifically authorized by the Director
of Public Works.
9.07 Inspection by the City & Conformance with City
Standards
All utility installations shall be subject to inspection by the City,
and shall be in conformance with any applicable City ordinance
(including the Design Standards and Management of Public
Rights-of-Way) related to their placement within public Rights-of-
Way within Easements, or elsewhere in the City (including on
private property).
9.08 Location of Utilities within Easements and Rights-of-
Way
The City may designate or assign locations for the installation of
utilities within Easements or Rights-of-Way dedicated to the
City.
9.09 Required Utilities
No building permit shall be issued until all lots within any
Subdivision shall have readily available electricity, and
telephone service.
Section 10. Water and Wastewater Facility Design
10.01 Connections for Water
All new Subdivisions shall be connected with the City’s water
system or other public water supply system approved by TCEQ.
The water system shall be capable of providing water for health
and emergency purposes, including fire protection. The design
and construction of water system shall comply with the following
standards:
(1) Applicable regulations of the Texas Commission on
Environmental Quality (TCEQ).
(2) Standards in the City’s Design Standards.
(3) Fire protection and suppression standards in
accordance with the City’s policies and ordinances
including Fire Code adopted by the City.
10.02 Connections for Wastewater
(a) All new Subdivisions shall be served by a wastewater
collection and treatment system authorized and permitted
by the TCEQ, except as provided below. The design and
construction of the wastewater system improvements shall
be in accordance with the standards in the City’s Design
Standards, and in accordance with TCEQ standards.
(b) On-site sewage facilities such as septic or aerobic systems
may be permitted by the Planning & Zoning Commission
and City Council in Subdivisions where each lot is five
acres or more in area, if the Subdivision is 1,000 feet or
more from a connection to a wastewater collection system.
The approval of an on-site sewage disposal facility by the
Planning & Zoning Commission and City Council is not
mandatory but rather discretionary.
(c) Exceptions to the lot size regulations in subsection (b)
above may be approved by the Planning & Zoning
Commission and City Council for properties existing on the
effective date of these Subdivision Regulations that are less
than five acres, and for residential cluster or conservation
developments that group residential properties in the
proposed subdivision closer together and that preserve at
least 1/2 of the land in the subdivision for open space,
recreation or agriculture.
10.03 Subdivider Responsibilities
The Subdivider shall be responsible for the following:
(1) Phasing of development or improvements in order to
maintain adequate water and wastewater services;
(2) Extensions of utility lines (including any necessary on-
site and off-site lines) to connect to existing utility
mains of adequate capacity;
(3) Providing and/or procuring all necessary Easements
for the utilities (whether on-site or off-site);
(4) Providing proof to the City of adequate water and
wastewater service;
(5) Providing for future expansion of the utilities if such will
be needed to serve future developments, subject to
the City’s oversize participation policies (refer to Article
1, Sections 4 and 11, and Article 6, Section 2.03 of
these Subdivision Regulations for information on
adequate facilities and proportionality of developer
participation), if applicable;
(6) Providing all operations and maintenance of the
private utilities, or providing proof that a separate entity
will be responsible for the operations and maintenance
of the utilities;
(7) Providing all fiscal Security required for the
construction of the utilities;
(8) Obtaining approvals from the applicable utility
providers if other than the City; and
(9) Complying with all requirements of the utility providers,
including the City.
10.04 Location of Lines
Extension of water and wastewater lines shall be made along
the entire frontage of the Subdivision adjacent to a Street or
Thoroughfare in Rights-of-Way or dedicated Easements.
(1) If the Subdivision is not adjacent to a Thoroughfare,
the extension of utilities shall be accomplished in such
a manner as to allow future connections to said utilities
by new Subdivisions.
(2) If new Subdivisions are not likely to be developed
beyond the proposed Subdivision (due to physical
constraints), the Planning Director and City Engineer
may waive the requirement for adjacent utility line
construction at the time of Preliminary Plat approval
and prior to construction of the Subdivision.
(3) The City shall determine the location and routing of
water and sewer extensions and shall retain the
authority to reject any extension not deemed to be in
the best interest of the City.
10.05 Utilities Not Specified
Installation, operations and maintenance of utilities not
specifically referenced herein shall comply with regulations of
the TCEQ and with any other applicable State rules and
regulations, whichever is the most stringent.
10.06 Dead-End Water Lines
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 35 of 57
(a) Dead-end water lines should be avoided, but when deemed
necessary, they should be extended to, and then through,
the property sought to be subdivided.
(b) All dead-end water lines shall be valved and provided with
a valve and fire hydrant located at the extreme end of the
line instead of the blow-off mechanism for their flushing, in
accordance with current City standard specifications.
10.07 Payment of Pro-Rata Charges
Where the proposed Subdivision would abut and utilize an
existing water main and/or sanitary sewer main of the City, the
Developer shall pay to the City any applicable "pro rata" charge
per requirements of the City or previous pro rata agreement.
Section 11. Storm Water Collection and Conveyance
Systems
11.01 Drainage System Generally
(a) Drainage improvements shall accommodate runoff from the
upstream drainage area and shall be designed to prevent
overloading the capacity of the downstream drainage
system or adversely impacting either upstream or
downstream properties.
(b) The City may require the phasing of development, the use
of control methods such as retention or detention, or the
construction of off-site drainage improvements in order to
mitigate the impact of the proposed development.
(c) No storm water collection system shall be constructed
unless it is designed in accordance with this section and
with the City’s Design Standards by a licensed professional
Engineer, and unless it is reviewed and approved by the
City Engineer.
(d) All plans submitted to the City Engineer for approval shall
include a layout of the drainage system together with
supporting calculations for the design of the system.
11.02 Drainage Easements Clear
Drainage Easements shall be kept clear of all obstructions, such
as but not limited to, fences, buildings, trees and shrubs, or
other structures or improvements which in any way endanger or
interfere with the construction, maintenance, or operation of any
drainage system.
11.03 Off-Site Drainage
(a) The Property Owner to be developed shall be solely
responsible for all storm drainage flowing on or from the
Property Owner’s property. This responsibility includes the
drainage directed to that property by prior development as
well as drainage naturally flowing through the property by
reason of topography.
(b) Adequate consideration shall be given by the Property
Owner in the development of property to determine how the
discharge leaving the proposed development will affect
downstream property. As part of any Application by a
Property Owner for development that will affect
downstream property, the Property Owner shall furnish the
City with a letter signed by a Texas Professional Engineer
stating that the development as designed will not damage
downstream property due to the development’s impact on
off-site drainage.
(c) On Lots or tracts of three acres or more where storm water
runoff has been collected or concentrated, it shall not be
permitted to drain onto adjacent property except in existing
creeks, channels or storm sewers, unless proper drainage
Easements or notarized letters of permission from the
affected Property Owner are provided.
11.04 Cross-lot Drainage Prohibited
Drainage between residential lots is the responsibility of the
affected Property Owner(s). Property Owners are required to
drain surface runoff from an individual lot to a public Right-of-
Way or to an underground drainage system contained in a
public Easement and will not be allowed to surface drain onto
another lot. The City Manager shall have the discretion to allow
modifications to the lot-to-lot drainage requirements where
adherence to these requirements would be in conflict with other
City ordinances and/or regulations.
11.05 Erosion & Sedimentation Control
All erosion and sedimentation controls shall conform to the
Design Standards and the current National Pollution Discharge
Elimination System (NPDES) regulations.
11.06 Changing Existing Ditch, Channel, Stream or
Drainageway
No Person, individual, partnership, firm or corporation shall
deepen, widen, fill, reclaim, reroute or change the course or
location of any existing ditch, channel, stream or drainageway
without first obtaining written permission of the City Engineer
and any other applicable agency (such as FEMA or the U.S.
Army Corps of Engineers) having jurisdiction. The City Engineer
may require preparation and submission of a CLOMAR, LOMR,
other appropriate map revision or flood study for a proposed
development if there are concerns regarding storm drainage on
the subject property or upstream or downstream from the
subject property. The costs of such study, if required, shall be
borne by the developer.
11.07 Siting of Lots & Building Sites
In order to help reduce storm water runoff, and resulting erosion,
sedimentation and conveyance of nonpoint source pollutants,
the layout of the Street network, Lots and building sites shall, to
the greatest extent possible, be sited and aligned along natural
contour lines, and shall minimize the amount of cut and fill on
slopes in order to minimize the amount of land area that is
disturbed during construction.
11.08 Approval
Lots in any proposed Subdivision shall not be approved until
drainage facilities adequate to prevent flooding have been
installed or necessary arrangements made for such installation
as required under these Subdivision Regulations.
11.09 Issuance of Building Permits
On any Lot designated by the City Engineer as requiring
completion or partial completion of drainage improvements prior
to building construction, no building permits shall be issued prior
to a release authorized by the Planning Director.
Article 4 PUBLIC SITES & OPEN SPACES
Section 1. Areas for Public Use
1.01 Consideration for Such Areas
The Applicant shall give consideration to suitable and adequate
sites for schools, parks, playgrounds, and other areas for public
use or service so as to conform with the recommendations
contained in the City's Comprehensive Plan, including the Park
Master Plan, and other applicable plans. Any provision for parks
or other public facilities shall require approval by the City
Council.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 36 of 57
Section 2. Protection of Drainage and Creek Areas
2.01 Natural Preservation Required
All creeks and drainage channels shall be preserved and
protected in their natural condition wherever possible, unless
significant storm drainage improvements are required by the
City in these areas. All development adjacent to creeks and
drainage channels shall be in accordance with the City’s Design
Standards, and with any other City policies or ordinances related
to aesthetics or public access or enjoyment of creeks and
waterways.
2.02 Definitions and Methodology for Determining the
Floodway Management Area (FMA)
(a) The definitions for "floodway" and "floodway fringe" shall
correspond to those set forth by the Federal Emergency
Management Agency (FEMA).
(b) For the purposes of these Subdivision Regulations, the
Floodway Management Area (FMA) will correspond to the
floodway, as defined by FEMA, or as may be modified
pursuant to a flood study that is approved by FEMA.
(c) For purposes of the National Flood Insurance Program, the
concept of a floodway is used as a tool to assist the local
community in the aspect of flood plain management. Under
this concept, the area of the 100-year flood is divided into a
floodway and floodway fringe. The floodway is the channel
of a stream plus any adjacent flood plain areas that must be
kept free of encroachment in order that the 100-year flood
may be carried without substantial increases in flood
heights as defined by FEMA. The area between the
floodway and boundary of the 100-year flood is termed the
floodway fringe. The floodway fringe is the area which can
be reclaimed for development in accordance with rules and
regulations established by FEMA and the City’s Flood
Damage Prevention regulations set forth in Part II, Article
24 of this Code.
2.03 Areas Where an FMA is Required
(a) The FMA is intended to apply to a creek or channel which is
to remain open or in its natural condition unless otherwise
approved by the City. East Fork Trinity River, Whites Creek,
Hurricane Creek, Throckmorton Creek, Slayter Creek,
Sweetwater Creek, Brinlee Creek, Sister Grove Creek, Wolf
Run Creek, Elm Creek, Pilot Grove Creek and their related
tributaries and streams and all other drainage areas or
regulated floodways as referenced on the applicable
floodway and flood boundary map (Flood Insurance Rate
Map, or FIRM) shall be included in the FMA.
(b) If FEMA does not specify a floodway and a Base Flood
elevation in a regulated zone in any of the creeks or their
tributaries, it shall be the developer’s responsibility to
establish and identify the FMA. The determination shall be
made by a licensed professional Engineer and approved by
the City Engineer or the designated floodplain
administrator.
(c) Where improvements to a drainage area are required by
other ordinances of the City for the purpose of safety or
other reasons related to drainage, those ordinances shall
also be observed.
(d) The creek shall remain in its natural state unless
improvements are permitted or required by the City due to
the pending development of properties adjacent to or
upstream of the required improvements.
2.04 Ownership and Maintenance of the FMA
(a) The area determined to be the FMA shall be designated on
the Preliminary Plat. Accurate locations of the FMA, both
horizontally and vertically, shall be established on the
Preliminary Plat and prior to site construction. At the City's
option, the FMA shall be protected by one of the following
methods:
(1) Dedicated to the City of Anna subject to approval by
the City Council.
(2) As Easement(s) – Creeks or drainageways on tracts
which have private maintenance provisions, can be
designated as the FMA by an Easement to the City on
the Preliminary Plat (with the appropriate Plat
language, as required by the City). Subdivisions with
Platted single-family or two-family Lots may designate
the FMA by Easement provided there are adequate
maintenance provisions (such as by a mandatory
homeowners association or a Public Improvement
District), but no Lots or portions of Lots may be Platted
in the Easement unless specifically allowed by the
City. The area designated as FMA may be identified by
a tract number.
(3) Certain recreational uses normally associated with or
adjacent to flood-prone areas (no structures allowed in
the FMA), such as golf courses or certain types of
parks. The uses allowed shall be in conformance with
the Zoning Ordinance, if the Subdivision is located
within the City, and shall require approval by the City
Council.
(b) Prior to acceptance of any drainage way as an FMA by the
City, the area shall be cleared of all debris and brush
(except for trees) and placed in a maintainable state.
Floodway management areas dedicated to the City shall be
left in a natural state except those areas designated for
active recreational purposes and unless storm drainage
requirements do not permit this to occur.
2.05 Design Criteria
The following design criteria shall be required for development
adjacent to the FMA:
(1) Adequate access shall be provided to and along the
FMA for public and/or private maintenance. An
unobstructed area a minimum of 20 feet wide with a
maximum 5:1 slope (five feet horizontal to one foot
vertical), the length of the floodway shall be provided
adjacent to or within the FMA. On the opposite side of
the drainage area, an unobstructed area a minimum of
five feet in width shall be provided. If ownership is to
the centerline of the drainage channel, then the
Subdivider shall only be required to provide adequate
access to one side.
(i) Lots in a single-family, PD single-family, or
duplex residential zoning district shall not be
Platted within the FMA.
(ii) If Lots back or side onto an FMA, at least two
reasonable points of access to the FMA, each a
minimum of 20 feet in width, shall be provided.
Streets, Alleys and open-ended Cul-De-Sacs
may qualify as access points if designed such
that they are navigable by maintenance
vehicles (e.g., Alleys must be 20-foot width).
(2) All areas of the FMA shall be accessible from the
access points.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 37 of 57
(3) Lots used for multi-family dwellings may be Platted in
the FMA if the FMA is identified as an Easement and is
maintained as open space for use by the residents,
and provided that access to the FMA is possible by
City maintenance vehicles, should that need arise.
(4) If the FMA is to be public park land, then adequate
public access and good public visibility shall also be
provided to all portions of it.
(5) Public Streets may be approved in the FMA by the City
if they conform to applicable engineering standards.
(6) Linear public Streets may be required to be
constructed adjacent to some (or all) portions of the
FMA to allow access for maintenance or recreational
opportunities, and/or to allow increased visibility into
creek areas for public safety and Security purposes.
(7) Alternate designs to facilitate equal or better access
may be permitted if approved by the City.
2.06 Altered Drainage Channels
Drainage channels which have been previously altered and are
not in a natural condition can be exempted from an FMA and
this section at the discretion of the Planning & Zoning
Commission and City Council and upon recommendation by the
City Staff except that any such alteration shall cause the
developer to prepare an application for any appropriate letter of
flood map revision.
2.07 Conflicts
In the event of any conflict between any regulation or
requirement in this section and any regulation or requirement in
the City’s Flood Damage Prevention regulations set forth in this
Code at Part II, Article 24, or other applicable regulation or
requirement, the most restrictive regulation or requirement shall
govern.
Section 3. Public Improvement Districts
3.01 Applicability
When a proposed Subdivision includes Public Improvements,
such as screening walls, recreation facilities, open space, Flood
Management Areas, landscaped entry features and/or medians,
or other public amenities that primarily benefit the properties
within the Subdivision, the Developer shall submit with the
Preliminary Plat application, a petition for the creation of a Public
Improvement District (PID) that meets the criteria outlined in
Chapter 372 of the Local Government Code.
3.02 Petition
(a) The PID petition shall include all properties within the
Subdivision and may include additional properties similarly
benefited by the Public Improvements.
(b) The City Council may approve or deny or take any other
lawful action related to a petition requesting creation of a
Public Improvement District.
(c) The City Council may deny any Plat or development plan or
application that proposes to designate, create, or construct
Public Improvements such as screening walls, recreation
facilities, open space, Flood Management Areas,
landscaped entry features and/or medians, or other public
amenities that primarily benefit the properties within the
Subdivision, that are not included in a Public Improvement
District.
3.03 Assessments
Any PID or PID assessment shall:
(1) Include funding to cover any administrative and legal
cost incurred by the City related to the creation and
general administration of the PID.
(2) Include funding to pay for the perpetual maintenance
of the Public Improvements.
Section 4. Property Owners or Homeowners
Associations
4.01 Applicability
(a) When a Subdivision contains either common private
property or other private improvements which are not
intended to be dedicated to the City of Anna for public use,
such as Private Streets, a private recreation facility or open
space, or other private amenities, a Property Owners or
homeowners association agreement, consistent with State
and other appropriate laws, must be submitted with the
Preliminary Plat Application and approved by the City
Attorney.
(b) The Conditions, Covenants and Restrictions (CCRs) and
the association documents, such as the articles of
incorporation and association by-laws, shall be submitted to
the City for review and approval along with the Preliminary
Plat Application, and shall be filed of record at the County
prior to Final Plat approval in order to ensure that there is
an entity in place for long-term maintenance of these
improvements.
(c) Said documents must, at a minimum, include provisions
which allow the City to take over the maintenance of
common property using association funds, including Private
Streets and private recreation facilities, if such action
becomes necessary for any reason, including
nonperformance or inaction by the association.
(d) Provisions shall also be included which would convey
ownership of the Private Streets (if any) and all other
common areas to the City, and which would allow the City
to remove any improvements or amenities from the
common areas and sell any buildable land area, as
residential Lots, to recoup the City’s expenses for
maintenance or demolition of the improvements.
(e) Any monies that remain after the City has recovered all of
its expenses shall be retained for future maintenance or
upgrading of the Streets, common areas (if any remain),
screening walls, or other improvements within the
Subdivision.
(f) These provisions are not intended to allow the City to profit
in any way from taking over the association’s
responsibilities or funds; they are only intended to allow the
City to recoup its actual incurred expenses such that the
general public, the taxpayers of the City, does not have to
bear these costs.
4.02 Membership
A Property Owners or homeowners association shall be an
incorporated non-profit organization operating under recorded
land agreements through which:
(1) Each Lot owner within the described land area is
automatically a mandatory member; and
(2) Each Lot is automatically subject to a charge for a
proportionate share of the expenses for the Property
Owners or homeowners association's activities, such
as maintenance of common open spaces or Private
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 38 of 57
Streets, or the provision and upkeep of common
recreational facilities.
4.03 Legal Requirements
(a) In order to ensure the establishment of a proper Property
Owners or Homeowners association, including its financing,
and the rights and responsibilities of the property or home
owners in relation to the use, management and ownership
of common property; the Plat, dedication documents,
covenants, and other recorded legal agreements must:
(1) Legally create an automatic membership, non-profit
Property Owners or homeowners association;
(2) Place title to the common property in the Property
Owners or homeowners association, or give definite
Assurance that it automatically will be so placed within
a reasonable, definite time;
(3) Appropriately limit the uses of the common property;
(4) Give each Lot owner the right to the use and
enjoyment of the common property;
(5) Place responsibility for operation and maintenance of
the common property in the Property Owners or
homeowners association;
(6) Place an association charge on each Lot in a manner
which will both ensure sufficient association funds and
which will provide adequate safeguards for the Lot
owners against undesirable high charges;
(7) Give each Lot owner voting rights in the association;
and
(8) Identify land area within the association's jurisdiction
including the following:
(i) Property to be transferred to public agencies;
(ii) The individual residential Lots;
(iii) The common properties to be transferred by
the developer to the Property Owners or
homeowners association; and
(iv) Other parcels.
(b) Any governmental authority or agency, including the City
and the County, their agents, and employees, shall have
the right of immediate access to the common elements at
all times if necessary for the preservation of public health,
safety and welfare. Should the Property Owners or
homeowners association fail to maintain the common
elements to City specifications for an unreasonable time,
not to exceed 90 days after written request to do so, then
the City shall have the same right, power and authority to
enforce the association’s rules and to levy assessments
necessary to maintain the common elements. The City may
elect to exercise the rights and powers of the Property
Owners or homeowners association or its Board, or to take
any action required and levy any Assessment that the
Property Owners or homeowners association might have
taken, either in the name of the Property Owners or
homeowners association or otherwise, to cover the cost of
maintenance (or the possible demolition, if such becomes
necessary to preserve public safety or to ease maintenance
burden) of any common elements.
(c) The Property Owners or homeowners association must
register a contact Person with the Planning Department and
shall notify the City of any change in said contact Person.
Such contact Person must be authorized to receive and
distribute information to the Board of Directors of the
Property Owners or homeowners association.
4.04 Protective Covenants
(a) Protective covenants shall be developed which, among
other things, shall make the Property Owners or
homeowners association responsible for the following:
(1) The maintenance and operation of all common
property;
(2) The enforcement of all other covenants;
(3) The administration of architectural controls (if
included); and
(4) Certain specified maintenance of exterior
improvements of individual properties (if included).
(b) The City is not responsible (i.e., has no jurisdiction) for
enforcing protective covenants or deed restrictions.
4.05 Dissolution
The association may not be dissolved without the prior written
consent of the City Council.
4.06 Amendment of Documents
No portion of the association documents pertaining to the
maintenance of screening walls, Private Streets and Alleys, and
associated assessments, may be amended without the written
consent of the City Council.
Section 5. Park Land & Public Facility Dedication
5.01 Consideration of Areas for Public Use
The Applicant shall give consideration to suitable sites for parks,
playgrounds and other areas for public use so as to conform to
the recommendations of the City’s Comprehensive Plan. Any
provision for parks and public open space areas shall be
indicated on the Preliminary and Final Plat, and shall be subject
to review by the City’s Parks Advisory Board and approval by
the City Council.
5.02 Park Land Dedication
(a) Purpose. The purpose of this section is to provide
recreational areas and amenities in the form of
neighborhood parks as a function of Subdivision
development in the City of Anna. This section is enacted in
accordance with the Home Rule powers of the City of Anna,
granted under the Texas Constitution and statutes of the
State of Texas, including, without limitation, Tex. Local
Gov’t Code, § 51.071 et seq. and § 212.001 et seq.
(b) Necessary Procedure. It is hereby declared by the City
Council of the City of Anna that recreational areas, in the
form of neighborhood parks and related amenities and
improvements, are necessary and in the public welfare, and
that the only adequate procedure to provide for this is by
integrating such a requirement into the procedure for
planning and developing property of a residential
Subdivision in the City of Anna, whether such development
consists of new construction on previously vacant land or
rebuilding and redeveloping existing residential areas.
(c) Park Purposes. Neighborhood parks are those parks
providing for a variety of outdoor recreational opportunities
and within convenient distances from a majority of the
residences to be served thereby, the standards for which
are set forth in the Anna Comprehensive Plan including the
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 39 of 57
Parks Master Plan. The neighborhood parks shown on the
official Anna Parks Master Plan shall be prima facie
evidence that any park located therein is within such a
convenient distance from the majority of residences to be
served thereby. The cost of the neighborhood parks should
be borne by the ultimate residential Property Owners who,
by reason of the proximity of their property to such parks,
shall be the primary beneficiaries of such facilities.
Therefore, the following requirements are adopted to affect
such purposes.
5.03 General Requirement: Dedication of Land and
Payment of Park Development Fee
(a) Dedication of Land Based on Dwelling Units. Prior to a Plat
being filed with the County Clerk of Collin County, Texas for
a development of a residential area within the City of Anna
and in accordance with city ordinances, such Plat shall
contain a clear fee simple dedication of one acre of land for
each 50 proposed dwelling units. As used in these
Subdivision Regulations, a “dwelling unit” means each
individual residence, including individual residences in a
multi-family structure, designed and/or intended for
inhabitation by a single family.
(b) Plat Requirement. Any proposed Plat submitted to the City
of Anna for approval shall show the area proposed to be
dedicated under this section. The required land dedication
of this section may be met by a payment in lieu of land
where permitted by the City of Anna or required by other
provisions in these Subdivision Regulations.
(c) Impractical Size. The City Council of the City of Anna
declares that development of an area of less than five acres
for neighborhood park purposes is impractical. Therefore, if
fewer than 665 dwelling units are proposed by a Plat filed
for approval, the City Council may require the developer to
pay the applicable cash in lieu of land amount, as provided
in Subsection (d) below.
(d) Park Development Fee. In Addition to the required
dedication of land, as set forth above, there shall also be a
park development fee paid to the City of Anna as a
condition of Plat approval. Such park development fee shall
be set from time to time by ordinance of the City Council
and shall be sufficient to provide for the development of
amenities and improvements on the dedicated land to meet
the standards for a neighborhood park to serve the area in
which the Subdivision is located. Unless and until changed
by an ordinance amendment of the City Council of the City
of Anna, the park development fee shall be calculated on
the basis of $750 per dwelling unit. Such fee shall be paid
at the time of application for a building permit.
(e) Option to Construct. In lieu of payment of the required park
development fee, a developer shall have the option to
construct the neighborhood park amenities and
improvements. All plans and specifications for the
construction of such amenities and improvements must be
reviewed and approved by the City Manager, or applicable
designees. The developer shall financially guarantee the
construction of the amenities and improvements, and the
City of Anna must approve same, prior to the filing of a Plat
in the case of Platted Subdivisions. Once the amenities and
improvements are constructed, and after the City of Anna
has accepted such amenities and improvements, the
developer shall dedicate by Plat such amenities and
improvements to the City of Anna.
(f) Right to Accept, Reject or Require Payment. In instances
where land is required to be dedicated, the City of Anna
shall have the right to accept or reject the dedication after
consideration of the recommendation of the Board of Parks
and Recreation and to require a cash payment in lieu of
land in the amount provided herein, if the City of Anna
determines that sufficient park area is already in the public
domain for the area of the proposed development, or if the
recreation potential for that area would be better served by
expanding or improving existing neighborhood parks.
(g) Siting of Parks. When two or more developments will be
necessary to create a neighborhood park of sufficient size
in the same area, the Planning Director, at the time of
Preliminary Plat approval, will work with the developers to
define the optimum location of the required dedication
within the respective Plats. Once a park site has been
determined, adjacent Property Owners who develop around
the park site shall dedicate land and cash to the existing
site unless otherwise determined by the City Council.
5.04 Cash in Lieu of Land
(a) Requirement. A developer responsible for land dedication
under these Subdivision Regulations shall be required, at
the City Council’s option, to meet the dedication
requirements in whole or in part by a cash payment in lieu
of land, in the amount set forth below. Such payment in lieu
of land shall be made prior to the issuance of a building
permit. Where no building permit is required, the fee shall
be paid prior to filing of the Final Plat for record.
(b) Fee. The cash payment in lieu of land dedication shall be
met by the payment of a fee set from time to time by
ordinance of the City Council sufficient to acquire
neighborhood park land. Unless and until changed by the
City Council, such fee shall be computed on the basis of
$250 per dwelling unit. Such fee shall be paid by the
Developer prior to filing of the Final Plat.
(c) Park Developer Fee. A cash payment in lieu of land
dedication, as set forth in this section, does not relieve the
developer of its obligation to pay the park development fee
set forth in above. The cash payment in lieu of land
dedication is in Addition to the required park development
fee.
(d) City Purchase of Land. The City of Anna may from time to
time decide to purchase land for parks in or near the area
of actual or potential development. If the City does
purchase park land in a park service area, subsequent park
land dedications for that zone shall be in cash only, the
calculation of which is set forth above. (Such cash payment
is in Addition to the payment of the required park
development fee.)
5.05 Park Development Fund
Park Development Fund. All funds collected by this dedication
process will be deposited in the City of Anna’s Park
Development Trust Fund and used solely for the purchase or
leasing of park land and the development and maintenance of
same. All budget appropriations from the said Fund will be
reviewed and approved by the City Council as part of the annual
budget approval process.
5.06 Additional Requirements, Definitions
(a) Any land dedicated to the City under these Subdivision
Regulations must be suitable for park and recreation uses.
The following characteristics of a proposed area, which
may be grounds for refusal of any Plat, are generally
unsuitable:
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 40 of 57
(1) Any area primarily located in the 100-year flood plain
unless the area is part of the trail system shown on the
City’s most current trail Master Plan
(2) Any areas of unusual topography or slope which
renders same unusable for organized recreational
activities.
(b) Drainage areas may be accepted as part of a park if the
channel is to remain, more or less in its natural state or
constructed in accordance with City Engineering standards,
if:
(1) No significant area of the park is cut off from access by
such channel,
(2) Not less than five acres of the site is above the 100-
year flood plain, or
(3) The dedication is in excess of 10 acres, not more than
50% of the site should be included in the 100-year
flood plain.
(c) Each park must have ready access to a public Street.
(d) Unless provided otherwise herein, an action by the City
shall be by the City Council, after consideration of the
recommendations of the Parks Advisory Board.
Article 5 IMPROVEMENTS REQUIRED PRIOR TO
ACCEPTANCE OF SUBDIVISION
Section 1. Improvements, In General
1.01 Purpose
The requirements as set forth below are designed and intended
to ensure that, for all Subdivisions of land within the scope of
these Subdivision Regulations, all improvements as required
herein are installed properly and:
(1) The City can provide for the orderly and economical
extension of public facilities and services;
(2) All purchasers of property within the Subdivision shall
have a usable, buildable parcel of land; and
(3) All required Public Improvements are constructed in
accordance with City’s Design Standards.
1.02 Adequate Public Facilities Policy
The land to be divided or developed must be served adequately
by essential public facilities and services. No Plat shall be
recorded unless and until adequate public facilities exist or
provision has been made for water facilities, wastewater
facilities, drainage facilities, electricity and Street facilities which
are necessary to serve the development proposed, whether or
not such facilities are to be located within the property being
Platted or off-site. Wherever the subject property adjoins
undeveloped land, or wherever required by the City to serve the
public good, utilities shall be extended to adjacent property lines
to allow connection of these utilities by adjacent Property
Owners when such adjacent property is Platted and/or
developed.
1.03 Public Improvements Required
Public Improvements that are required by the City of Anna for
the acceptance of the Subdivision by the City shall include the
following:
(1) Water and wastewater facilities;
(2) Storm water drainage, collection and conveyance
facilities;
(3) Water quality, erosion and sedimentation controls;
(4) Streets;
(5) Street lights;
(6) Street signs;
(7) Alleys (if provided);
(8) Sidewalks, including ADA approved ramps at Street
intersections and other appropriate locations;
(9) Screening and/or retaining walls (where required);
(10) Traffic control devices required as part of the project;
and
(11) Appurtenances to the above, all designed and
constructed in accordance with ADA standards, if
applicable, and any other public facilities required as
part of the proposed Subdivision.
1.04 Compliance Required
All aspects of the design and implementation of Public
Improvements shall comply with the City’s current Design
Standards and any other applicable City codes and ordinances,
including preparation and submittal of engineering plans and
construction inspection. The construction of all of the
improvements required in these Subdivision Regulations shall
conform to the City’s Design Standards, and to any other
applicable City ordinance, rule, policy, or regulation.
1.05 Utility Lines
All utility lines that pass under a Street or Alley shall be installed
before the Street or Alley is paved. When it is necessary that
utility lines pass under the Street or Alley pavement, they shall
be installed to a point at least three feet beyond the edge of the
pavement.
Section 2. Monuments
2.01 Block Corner Monuments
Monuments consisting of 3/4” diameter steel rods 24" long and
set flush with the top of the ground shall be placed at all corners
of block lines, the point of intersection of Alley and block lines,
and at points of intersections of curves and tangents of the
Subdivision.
Each block corner monument shall be marked in a way that is
traceable to the responsible RPLS or associated employer.
2.02 Lot Corner Monuments
Lot corner monuments shall be placed at all Lot corners (except
corners which are also block corners), consisting of iron rods or
pipes of a diameter of not less than 1/2 inch and 24 inches in
length, and set flush with the top of the ground.
2.03 Curve Point Markers
In addition, curve point markers shall be established of the same
specifications as Lot corners.
2.04 View between Monuments Obstructed
Where, due to topographic condition, permanent structures, or
other conditions, the view is obstructed between any two
adjacent monuments, intermediate monuments shall be so set
as to assure a clear view between adjacent monuments.
2.05 Installed Prior to Acceptance & Filing
All required block, Lot, and curve monuments shall be installed
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 41 of 57
prior to the final acceptance of the Subdivision by the City and
prior to filing the Plat at the County.
2.06 Precision and Error of Closure
All survey work around the boundary area, as well as within the
Subdivision, satisfy the following precision requirements and
otherwise comply with 66 Texas Admin. Code §663.13, as
applicable:
(1) The actual relative location of corner monuments
found or set within the corporate limits of the City shall
be reported within a positional tolerance of 1:10,000 +
0.10 feet.
(2) The actual relative location of corner monuments
found or set within the extraterritorial jurisdiction of the
City shall be reported within a positional tolerance of
1:7,500 + 0.10 feet.
(3) The actual relative location of corner monuments
found or set in all rural areas outside the corporate
limits and extraterritorial jurisdiction of the City shall be
reported within a positional tolerance of 1:5,000 + 0.10
feet.
(4) Areas, if reported, shall be produced, recited, and/or
shown only to the least significant number compatible
with the precision of closure.
(5) Survey measurement shall be made with equipment
and methods of practice capable of attaining the
tolerances specified by these standards.
(6) Positional tolerance of any monument is the distance
that any monument may be mislocated in relation to
any other monument cited in the survey.
2.07 Subdivisions Containing 5 Acres or More
A Subdivision containing five acres or more shall have at least
two monuments set by the RPLS, if not already existing, for two
corners of the Subdivision, and such monuments shall be
located at opposite ends (or at widely separated corners) of the
Subdivision and clearly shown on the Final Plat prior to filing at
the County. The Final Plat shall also show clear ties to existing
monuments in the vicinity of the Subdivision.
Section 3. Street Lights
3.01 Street Lights
Street light locations and installations shall be coordinated by
the Subdivider with the power company and the City. Street
lighting shall conform to the latest edition of the Illuminating
Engineering Society Handbook. Street lights shall be as
manufactured by Kim Standards or a comparable street light
approved by the Director of Public Works. Street lights shall be
installed a maximum distance of 600 feet apart, at intersections,
and at the ends of Cul-de-sacs. The Subdivider shall pay for the
electricity used by the Street lights until building permits are
issued for 80% of the lots, after which time the City shall pay for
the cost of electricity used.
Section 4. Street Names and Signs
4.01 Review & Approval Required
Street names must be submitted to the City for review and
approval in accordance with the City’s guidelines for the naming
of Streets.
(1) Preliminary Plat. Proposed Street names shall be
submitted for review as a part of the Preliminary Plat
Application, and shall become fixed at the time of
approval of the Preliminary Plat.
(2) Final Plat. On the Final Plat, Street names shall not be
changed from those that were approved on the
Preliminary Plat unless special circumstances have
caused the major realignment of Streets or a proposed
Street name(s) is discovered to have already been
used elsewhere in the City (or some other similar
eventuality). If additional Street names are needed for
the Final Plat, then they must be submitted for review
and approval by the City, along with the Final Plat
Application. A fee may be established by the City for
the changing of Street names after approval of the
Preliminary Plat.
4.02 Streets Named for Corporations/Businesses
Prohibited
The names of corporations or businesses shall not be used as
Street names, unless approved by the City Council.
4.03 List of Street Names Maintained
The City will maintain a list of existing Street names that are
essentially “reserved” names that have been previously been
approved on a Preliminary Plat, and will update the list as new
Streets are Platted.
4.04 Duplication & Similarities Prohibited
New Street names shall not duplicate existing Street names
either literally or in a subtle manner (for example, Smith Street
vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs.
Oak Circle; Lantern Way vs. Land Tern Way; Cascade Drive vs.
Cascading Drive); shall not be so similar as to cause confusion
between names (for example, Lakeside Drive vs. Lake Side
Drive vs. Lake Siding Drive).
4.05 New Streets Extended Existing
Any new Street that extends an existing Street shall bear the
name of the existing Street.
4.06 Street Names Related to Intersections
Streets crossing other Streets shall bear the same name on both
sides of the intersection, wherever practical, unless otherwise
approved by Planning & Zoning Commission and City Council.
4.07 Street Sign Installation
Street signs shall be installed by the Subdivider at all
intersections within or abutting the Subdivision. Such signs shall
be of a type approved by the City and shall be installed in
accordance with standards of the City. Traffic signs shall be
furnished in accordance with the latest Texas Manual on
Uniform Traffic Control Devices.
4.08 Timing of Installation
Street name signs shall be installed in accordance with the
City’s guidelines before final acceptance of the Subdivision by
the City.
Section 5. Street and Alley Improvements
5.01 Facilities Constructed By Developer
All facilities, such as internal Streets and Alleys, existing or
proposed Streets located immediately adjacent to the property,
Perimeter Streets, and Approach Streets that are required to be
constructed or improved in order to adequately serve the
development, shall be constructed by the developer at the
developer's expense, unless otherwise allowed by these
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 42 of 57
Subdivision Regulations.
5.02 Construction and Design
All Streets and Alleys shall be constructed using reinforced
concrete paving with integral curb and gutter, unless otherwise
approved by the City, and shall conform in width and section to
the Thoroughfare plan of the City. All Street design and
construction shall conform to the City’s Design Standards.
5.03 Paving Standards
The developer shall construct all Streets and Alleys according to
the minimum Street and Alley paving standards contained within
the Design Standards.
5.04 Accessibility for Physically Challenged Persons
In Addition to the above-mentioned minimum standards, barrier-
free ramps for physically challenged Persons shall be
constructed at all Street corners, driveway approaches,
appropriate mid-block crosswalks, and in locations where
accessible parking spaces are provided. All barrier-free ramps
and other accessibility considerations shall comply with the
Highway Safety Act, as currently amended, and with the
Americans With Disabilities Act (ADA), as amended.
5.05 Signs and Barricades
All signs and barricades shall be in conformity with the Design
Standards, with ADA standards, and with specifications for
uniform traffic control devices, as adopted by the City, by Collin
County, by the Texas Department of Transportation, and by the
Texas Department of Public Safety, as applicable.
Section 6. Retaining Wall Requirements, Construction
Regulations, and Design Criteria
6.01 Retaining Wall Requirements
In general, the use of retaining walls shall be minimized,
wherever possible, through minimal and balanced cut and fill on
property. When property within or directly adjacent to a
Subdivision contains changes in elevation exceeding 2.5 feet
and the slope exceeds one unit vertical in two units horizontal, a
retaining wall shall be required at the following locations prior to
the acceptance of the Subdivision:
(1) Follows a Side or Rear Property Line. The grade
change roughly follows a side or rear Lot line.
(2) Adjacent to a Building Site Boundary. The grade
change is adjacent to a proposed building site
boundary.
(3) Adjacent to a Water Course or Drainage Easement.
The grade change is adjacent to a water course or
drainage Easement.
6.02 Retaining Wall Design and Construction
All retaining wall design and construction shall be in compliance
with the provisions of the Design Standards of the City of Anna,
and shall be approved by the Planning Director and City
Engineer.
6.03 Retaining Wall Maintenance
Retaining walls shall be maintained by the owner of the property
where such retaining wall is located.
6.04 Not in a Utility or Drainage Easement
Retaining walls shall not be constructed within any portion of a
utility or drainage Easement, unless approved by the City
Engineer or Planning Director.
Section 7. Screening and Landscaping Construction
Regulations, Requirements, and Design
Criteria
7.01 Screening
(a) Required. Screening shall be required where Subdivisions
are Platted so that the rear Yards of single-family or two-
family residential Lots meet the following:
(1) Lots are adjacent to a Street with a Right-of-Way width
greater than a residential neighborhood collector
Street (greater than 60 feet in Right-of-Way width on
the Comprehensive Plan);
(2) Lots are adjacent to a four lane collector Street;
(3) Lots are separated from a Street by an Alley; or
(4) Lots back up to a collector or residential Street.
(b) Developer Provided Screening. The developer shall provide
(at his/her expense) a minimum six-foot tall masonry
screening wall, or some other alternative form of screening,
if approved by Planning & Zoning Commission and City
Council, according to this section.
(c) All screening shall be adjacent to the Right-of-Way or
property.
(d) All forms of screening shall conform to the requirements of
city ordinances and policies that govern visibility
Easements.
(e) Any required screening device that is wholly or partially
destroyed or damaged shall be replaced or repaired with
the same materials and shall be finished such that its
appearance is restored to how it was before being
destroyed or damaged.
(f) Screening Alternatives. Screening shall be provided in
accordance with, and shall be constructed to, standards
and criteria as set forth in the City’s Design Standards and
other related City code(s) and policy(s).
(1) An alternative form of screening, in lieu of the six-foot
tall masonry wall, may be approved by the Planning &
Zoning Commission and City Council along with the
Preliminary Plat. The developer shall submit
drawings/renderings with the Preliminary Plat sufficient
for the Planning & Zoning Commission and City
Council to make a decision to approve or deny the
proposed alternative.
(2) Such possible alternatives include the following:
(i) Living/landscaped screen with decorative metal
(e.g., wrought iron) fence sections with
masonry columns;
(ii) A combination of embankments and
living/landscaped screening, either with or
without a decorative metal or “WoodCrete” type
of fence with masonry columns;
(iii) A combination of embankments, decorative
masonry retaining walls (no taller than six feet
in height where facing or visible to a public
Street) and living/landscaped screening, either
with or without a decorative metal or
“WoodCrete” type of fence with masonry
columns; or
(iv) Some other creative screening alternative may
be approved if it meets the spirit and intent of
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 43 of 57
this section, if it is demonstrated to be long-
lasting and generally maintenance-free, and if
the Planning & Zoning Commission and City
Council finds it to be in the public interest to
approve the alternative screening device.
(3) Any required screening device shall be, or shall
achieve, at least six feet in height and at least 90%
opacity within three years of initial installation/planting.
(4) Any landscaping used to achieve the purpose of
required screening shall be equipped with an
underground irrigation system with appropriate double-
check valve(s), automatic controller(s), and automatic
moisture- and freeze-sensors. Trees used for
overstory screening shall be on a separate bubbler
irrigation system that can be programmed to provide
deep-watering of trees at intervals that may differ from
the rest of the irrigation system.
(5) The use of wood or other privacy fences immediately
behind or abutting an alternative screening device that
utilizes living screening elements (i.e., landscaping),
embankments, retaining walls and/or open (i.e., non-
opaque) fence sections shall not be permitted due to
the creation of a “no man’s land” and subsequent
maintenance nuisance in the area between the two
devices/fences, and due to the detrimental visual
appearance of this type of arrangement.
(6) Any alternative form of screening in lieu of the
masonry wall shall be located in a maintenance
Easement and shall be included in a Public
Improvement District in accordance with Article 4,
Section 3 of this Part.
(g) Maintenance Easement Required. A wall/screening
maintenance Easement at least five feet in width shall be
dedicated on the private Lot side and adjacent to the entire
length of the screening wall or device.
(h) Timing of Installation. The screening wall/device shall be
installed prior to final acceptance of the Subdivision (or
appropriate Surety shall be provided, per Article 6 of these
Subdivision Regulations).
(i) Landscape Screening. All plants (e.g., trees, shrubs and
ground cover) shall be living and in sound, healthy,
vigorous and growing condition, and shall be of a size,
fullness and height that is customary for their container or
ball size, as per the latest edition of the “American Standard
for Nursery Stock”, by the American Association of
Nurserymen, as may be amended.
(j) Properly Engineered. All masonry, wrought iron, steel or
aluminum screening wall or fence plans and details must be
designed and sealed by a licensed professional Engineer,
and must be approved by the City Engineer.
(1) Masonry walls shall be in accordance with the City’s
Design Standards within the Design Standards.
(2) Decorative metal fencing shall be solid stock, not
tubular, and shall have masonry columns at a
minimum spacing of 40 feet on center unless
otherwise approved.
(k) Height. The height of required screening devices, including
spans between columns, shall be a minimum of six feet and
shall be no more than eight feet tall. Decorative columns,
pilasters, stone caps, sculptural elements, and other similar
features may exceed the maximum eight-foot height by up
to two feet for a total maximum height of 10 feet for these
features, provided that such taller elements comprise no
more than 10% of the total wall length in elevation view.
Features that are taller than 10 feet in height shall require
Planning & Zoning Commission and City Council approval
on the landscaping/screening plans submitted with the
Preliminary Plat.
(l) Maintenance. All screening walls shall be maintained by
Home Owners Association as described in Article 4,
Section 4; or included in a Public Improvement District in
accordance with Article 4, Section 3 of these Subdivision
Regulations.
7.02 Subdivision Identification Signs
(a) Subdivision Identification Signs are permitted at the
entrance of single family residential Subdivisions which are
bisected by one or more Streets. Such Subdivisions must
have 10 or more Platted Lots.
(b) Subdivision Identification Signs may be free standing or
may be incorporated on a screening wall located in an
appropriate easement. Any screening wall on which a
Subdivision Identification Sign has been incorporated shall
also meet the requirements of this section of the ordinance,
as well as general screening wall requirements located in
other sections of these Subdivision Regulations.
(c) The maximum size of a Subdivision Identification Sign shall
be 32 square feet per sign with a maximum height of six
feet unless an alternative design is otherwise approved by
the City Council.
(d) A Subdivision Identification Sign shall be included in a
Public Improvement District in accordance with Article 4,
Section 3 of these Subdivision Regulations.
(e) Signs may be located at each corner of an intersection of
an entrance Street or within the median of a divided Street,
but shall not be located in within visibility Easements.
(f) The design of the Subdivision Identification Sign shall be in
accordance with the City’s Design Standards, as
applicable.
(g) The design of the Subdivision Identification Sign (including
any related screening wall) shall be reflected on
materials/plans submitted along with the Preliminary Plat
and the engineering plans, and shall be approved by the
City.
7.03 Landscaping
All landscaping shall be in conformance with the City’s
Landscape Regulations, as amended.
7.04 Signage
All signage shall be in conformance with the City’s Sign
Regulations as amended.
Section 8. Water and Wastewater Requirements
8.01 Installation
The installation of all water and wastewater lines shall be in
conformance with Article 3, Section 10 of these Subdivision
Regulations. The design and construction of the water system
and sanitary sewer system shall be in conformance with the
City's Master Plans for water and wastewater facilities, the
Design Standards, and construction plans, and shall be
approved by the City Engineer.
8.02 Provision for Water & Wastewater Required
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 44 of 57
No Final Plat shall be approved for any Subdivision within the
City or its extraterritorial jurisdiction until the Applicant has made
adequate provision for a water system and a sanitary sewer
system of sufficient capacity to adequately provide service to all
tracts and Lots within the area to be subdivided.
8.03 Safe Water Supply & Fire Protection
Water system mains of sufficient size and having a sufficient
number of outlets to furnish adequate and safe domestic water
supply and to furnish fire protection to all Lots shall be provided.
8.04 Water and Wastewater Mains to Property Line
Water and Wastewater mains shall extend to the property line in
order to allow future connections into adjacent undeveloped
property unless otherwise authorized by these Subdivision
Regulations.
8.05 Utilities to Property Line of Each Lot
Services for utilities shall be made available to the property line
of each Lot in such a manner as will minimize the necessity for
disturbing the Street pavement and drainage structures when
connections are made.
8.06 Fire Protection
Fire protection shall be provided in accordance with Article 3,
Sections 9 and 10 of these Subdivision Regulations, with the
City’s Design Standards, and with any other City policy or
ordinance pertaining to fire protection or suppression.
(1) The Fire Chief or his/her designee shall have the
authority to approve the locations and placement of all
fire hydrants, fire lanes, and Easements in accordance
with the adopted Fire Code. He or she may, at his or
her discretion, modify fire hydrant spacing or fire lane
placement based upon special design or distance
circumstances.
(2) Vertical construction (i.e., any building construction
above foundation/slab level) shall not commence until
all required fire lanes are properly installed and
accepted by the City, nor until all fire hydrants have
been installed, inspected, tested and accepted by the
City.
Section 9. Storm Drainage & Water Quality Controls
9.01 Adequate Storm Sewer System Required
An adequate storm sewer system consisting of inlets, pipes and
other underground structures with approved outlets shall be
constructed where runoff of storm water and the prevention of
erosion cannot be accomplished satisfactorily by surface
drainage facilities.
9.02 Areas Subject to Flood Conditions or Storm Water
Retention
Areas subject to flood conditions or inadvertent storm water
retention, such as standing or pooling water, as determined by
the City Engineer, will not be considered for development until
adequate drainage has been provided.
9.03 Design
The criteria for use in designing storm sewers, culverts, bridges,
drainage channels, and other drainage facilities shall conform to
Article 3, Sections 10 and 11, as applicable, of these
Subdivision Regulations and the Design Standards.
9.04 Proper Functioning Required Prior to Maintenance
Bond
The developer shall ensure that all drainage improvements
within public Easements or Rights-of-Way are functioning
properly prior to the expiration of the Maintenance Bond
(1) Responsibility. The developer shall be responsible for
removing any significant build-up of sediment or debris
from drainage improvements, with the exception of
backlot and sidelot drainage swales, through the 24th
month of the required two-year Maintenance Bond for
the applicable facilities.
(2) City Inspection. The City shall inspect the
improvements to determine any maintenance or
correction of deficiencies at the conclusion of this
period.
9.05 Storm Water Pollution Prevention Plan (SWPPP)
An SWPPP shall be provided for storm water discharge in
accordance with Texas Pollutant Discharge Elimination System
(TPDES) general permit, TXR150000, and/or Environmental
Protection Agency (EPA) regulations. This shall include the
assumption of responsibility of said pollution prevention system,
including the design and implementation of said system,
complete in place. Moreover, when it comes to SWPPP, the
contractor has the sole authority, responsibility and control over
plans and specifications of the said SWPPP only and can make
changes to those specifications for the entire project as he
deems necessary or needed to remain in compliance with the
Texas Commission on Environmental Quality (TCEQ) and/or
EPA regulations. When site stability is achieved in accordance
with the SWPPP, the developer shall remove the control
apparatuses, devices, and systems and remove accumulated
silt and debris.
Article 6 REQUIREMENTS FOR ACCEPTANCE OF
SUBDIVISIONS BY THE CITY
Section 1. Withholding City Services and Improvements
until Acceptance
1.01 General Policy
The City hereby defines its policy to be that the City will withhold
all City services and improvements of any type until all required
improvements are properly constructed according to the
approved engineering plans and to City Standards, and until
such Public Improvements are dedicated to and accepted by the
City. This policy of withholding includes Subdivision
improvements as well as Lot improvements.
(1) Subdivision Improvements. Subdivision improvements
include Street maintenance, extension of City services
from any Subdivision or property, and all Street, utility,
storm drainage and other Public Improvements.
(2) Lot Improvements. Lot improvements include retaining
walls, grading, and improvements required for proper
Lot drainage and prevention of soil erosion.
Section 2. Guarantee of Public Improvements
2.01 Developer’s Guarantee
Before final acceptance of a Subdivision located all or partially
within the City or its extraterritorial jurisdiction, the City must be
satisfied that all required Public Improvements have been
constructed in accordance with the approved engineering plans
and with the requirements of these Subdivision Regulations.
2.02 Subdivision Improvement Agreement & Guarantee
The City Manager may waive the requirement that the Applicant
complete and dedicate all Public Improvements prior to final
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 45 of 57
acceptance of the Subdivision, and may permit the developer to
enter into a Subdivision Improvement Agreement by which the
developer covenants to complete all required Public
Improvements no later than two years following the date upon
which the remainder of the Subdivision is accepted. The City
Manager may also require the developer to complete or
dedicate some of the required Public Improvements prior to final
acceptance of the Subdivision, and to enter into a Subdivision
Improvement Agreement for completion of the remainder of the
required improvements during such two-year period. The
Subdivision Improvement Agreement shall contain such other
terms and conditions as are agreed to by the developer and the
City.
2.03 Subdivision Improvement Agreement Required for
Oversize Reimbursement
The City may participate in the oversizing of water and sewer
facilities required to serve the land areas and improvements
beyond the Subdivision. The City shall require a Subdivision
Improvement Agreement pertaining to any Public Improvement
for which the developer shall request reimbursement from the
City for oversize costs. The City Manager, subject to available
funds in the budget approved by the City Council, has the
authority to approve such an agreement. The City Manager is
authorized to sign a Subdivision Improvement Agreement on
behalf of the City under this section 2.03.
2.04 Security
Whenever the City permits an Applicant to enter into a
Subdivision Improvement Agreement, it shall require the
Applicant to provide sufficient Security, covering the completion
of the Public Improvements. The Security shall be in the form of
cash Escrow or, where authorized by the City, a Performance
Bond or letter of credit or other Security acceptable to the City
Manager and the City Attorney, as Security for the promises
contained in the Subdivision Improvement Agreement. Security
shall be in an amount equal to 110% of the estimated cost of
completion of the required Public Improvements and Lot
improvements. The City Engineer shall review and approve the
cost estimates provided by the developer. Any Security
instrument, including a Bond, letter of credit, or escrow
agreement shall be subject to the review and approval of the
City Engineer and the City Attorney.
2.05 Performance Bond
(a) Requirements. If the City Council authorizes the Applicant
to post a Performance Bond as Security for its promises
contained in the Subdivision Improvement Agreement, the
Performance Bond shall comply with the following
requirements:
(1) All Performance Bonds must be in the forms
acceptable to the City Engineer and the City Attorney;
(2) All Performance Bonds must be executed by such
sureties as are named in the current list of “Companies
Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable
Reinsuring Companies”, as published in Circular 570,
as may be amended, by the Financial Management
Service, Surety Bond Branch, U.S. Department of the
Treasury;
(3) All Performance Bonds must be signed by an agent,
and must be accompanied by a certified copy of the
authority for him or her to act;
(4) All Performance Bonds shall be obtained from Surety
or insurance companies that are duly licensed or
authorized in the State of Texas to issue Performance
Bonds for the limits and coverage required.
(b) Additional Surety. If the Surety on any Performance Bond
furnished by the Applicant is declared bankrupt, or
becomes insolvent, or its right to do business is terminated
in the State of Texas, or the Surety ceases to meet the
requirements listed in Circular 570, the developer shall,
within 20 calendar days thereafter, substitute another
Performance Bond and Surety, both of which must be
acceptable to the City.
(c) Withholding Until Improvements or Other Surety. The City
may withhold building permits, certificate of occupancy
permits or utility connections until such improvements are
completed or other Surety is provided to the City.
2.06 Letter of Credit
If the City Manager authorizes the Applicant to post a letter of
credit as Security for its promises contained in the Improvement
Agreement, the letter of credit shall:
(1) Be irrevocable;
(2) Be for a term sufficient to cover the completion,
maintenance and warranty periods, but in no event
less than two years; and
(3) Require only that the City present the issuer with a
signed draft and a certificate signed by an authorized
representative of the City certifying to the City's right to
draw funds under the letter of credit.
2.07 Reducing Amount of Surety
As portions of the Public Improvements are completed in
accordance with the Design Standards and the approved
engineering plans, the Applicant may make written Application
to the City to reduce the amount of the original Security. If the
City is satisfied that such portion of the improvements has been
completed in accordance with City Standards, the City Manager
(or designee) may cause the amount of the Security to be
reduced by such amount that he or she deems appropriate, so
that the remaining amount of the Security adequately insures
the completion of the remaining Public Improvements.
2.08 Escrow Policies and Procedures for Streets
(a) Request for Escrow. Whenever these Subdivision
Regulations requires a Property Owner to construct a
Street or Thoroughfare, the Property Owner may petition
the City to construct the Street or Thoroughfare, usually at
a later date, in exchange for deposit of Escrow as
established in this section.
(1) The basis of such petition shall be the existence of
unusual circumstance(s), such as a timing issue due to
pending Street Improvements by another agency such
as TxDOT or Collin County that would present undue
hardships or that would impede public infrastructure
coordination or timing.
(2) If more than one Street or Thoroughfare must be
constructed in order to meet adequacy requirements
for Streets, the City Manager (or designee) may
prioritize Streets for which Escrow is to be accepted
and require the deposit of all funds attributable to the
development in Escrow accounts for one or more of
such affected Streets.
(3) The City Council shall review the particular
circumstances involved, and shall determine, at its
sole discretion, whether or not provision of Escrow
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 46 of 57
deposits will be acceptable in lieu of the Property
Owner’s obligation to construct the Street or
Thoroughfare with his or her development.
(b) Escrow Deposit with the City. Whenever the City Council
agrees, under these Subdivision Regulations, to accept
Escrow deposits in lieu of construction by the Property
Owner or developer of the Street or Thoroughfare, the
Property Owner or developer shall deposit in Escrow with
the City an amount equal to costs of the following:
(1) administration
(2) advertisements
(3) bidding
(4) contingency
(5) testing
(6) design,
(7) construction,
(8) permits,
(9) reviews and approvals,
(10) inspections,
(11) any additional land acquisition, and
(12) an appropriate (and realistic) inflation factor to ensure
that the actual “future dollar” costs will be covered
when actual construction occurs in the future.
(c) Determination of Escrow Amount. The amount of the
Escrow shall be determined by using the maximum
comparable “turn-key” bid price of construction of the Street
or Thoroughfare improvements (including the items listed in
subparagraph (b) above). Such determination of the
Escrow amount shall be made as of the time the Escrow is
due hereunder, and shall be subject to the Review and
approval of the City Manager (or designee) and the City
Engineer. The Escrow amount shall be paid prior to release
(approval) of engineering plans by the City Engineer. The
obligations, responsibilities, and related liability of the
Property Owner shall become those of the Property
Owner's transferees, successors and assigns.
(d) Use of Escrow. Escrowed amounts, along with any interest
accrued on such amount, may be used for the purposes
outlined in subparagraph (b) above in order to undertake
construction of the facilities that are required as part of the
development for which the Escrow was submitted.
(e) Termination of Escrow. Escrows, or portions of Escrowed
amounts, which have been placed with the City under this
section and which have been held for a period of 10 years
from the date of such payment or agreement, in the event
that the City has not authorized the preparation of plans
and specifications for construction of such Street facilities
for which the Escrow was made, shall, upon written
request, be returned to the Property Owner, along with its
accrued interest. Such return does not remove any
obligations of the Property Owner for construction of the
required facilities if a building permit has not been issued
on the subject Lot or if a new building permit is applied for.
(f) Refund. If any Street or highway for which Escrow is
deposited is constructed by a party other than the City, or is
reconstructed by another governmental authority at no cost
to the City, the Escrowed funds and accrued interest shall
be refunded to the Property Owner or Applicant who
originally paid the Escrow amount after completion and
acceptance of the Public Improvements. In the event that a
portion of the cost is borne by the City and the other portion
of the cost by another party or governmental authority, the
difference between the Property Owner's actual
proportionate cost and the Escrowed funds, including
accrued interest, if any, shall be refunded after completion
and acceptance of the improvements.
(g) Interest Limitation. If money is refunded within six months
of deposit, only the principal shall be refunded. Monies
returned after this date will be refunded with 1/2 of its
accrued interest.
2.09 Subdivision Improvement Agreements for Perimeter
and Approach Streets
(a) Perimeter and Approach Streets. If a Perimeter or
Approach Street is required to be constructed under Article
3, Section 2 of these Subdivision Regulations, the
Developer and the City may enter into a Subdivision
Improvement Agreement that provides for the future
reimbursement to the Developer as new Development
occurs along the section of the Perimeter or Approach
Street constructed by the Developer. Such reimbursement
shall not exceed one-half the cost per linear foot of
constructing the Perimeter or Approach Street and related
improvements multiplied by the number of linear feet of the
Perimeter or Approach Street adjacent to the new
Development. The Developer who constructed the Street
shall submit copies of contracts to the City to establish the
cost of the project that is subject to reimbursement.
(b) Time Period for Reimbursement. If the City collects a
Perimeter Street Fee as provided for in Article 3, Section 2
of these Subdivision Regulations, within 10 years of the
acceptance of the Street by the City, it shall pay the
collected amount to the Developer who originally
constructed the Street as soon as practicable after receipt
of the funds as required under the terms of a Subdivision
Improvement Agreement authorized by this section 2.09.
At the expiration of the 10th year, a Developer is no longer
entitled to receive reimbursement.
(c) Impact Fee Credit. Unless otherwise agreed to in a written
agreement concerning impact fees or other development
fees, a Developer who installs an Approach Street under
the provisions of a Subdivision Improvement Agreement
may pursuant to the provisions of the Agreement, receive
credit for costs associated with the installation of the
Approach Street against any Street impact fees that may be
lawfully assessed against the Developer for that portion of
the Approach Street constructed.
(d) Oversizing. When required for the proper and orderly
growth of the City, the City Council may require a
Developer to install an Approach Street larger than
necessary to support the specific Development subject to
the terms of a Subdivision Improvement Agreement. If the
Developer is required to install an Approach Street larger
than necessary to serve the specific Development, the
Developer may, subject to the provisions of a Subdivision
Improvement Agreement, be reimbursed by the City for the
difference in cost between the cost of installing the
oversized Street and the cost of installing a Street meeting
minimum City Standards required for the type of Street
required to serve the Development.
(1) Credit for Development Fees. The City may, pursuant
to the terms of a Subdivision Improvement Agreement,
compensate the Developer for the difference in cost
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 47 of 57
mandated by oversizing by crediting up to 50% of
Development fees charged against any portion or
phase of the Development.
(i) Transfer of Credit. Upon written request from
the Developer, credit for Development fees
may be transferred from the current
Development project to subsequent
Development projects, Subdivisions or phases
undertaken by the Developer. Such transfers
must be approved by the City Council.
Section 3. Temporary Improvements
3.01 Responsibility
The Applicant shall build and pay for all costs of Temporary
Improvements required by the City, and shall maintain those
Temporary Improvements for the period specified by the City.
Prior to construction of any temporary facility or improvement,
the Applicant shall file with the City a separate Improvement
Agreement and Escrow or, where authorized, a letter of credit, in
an appropriate amount for temporary facilities, which agreement
and Escrow or letter of credit shall ensure that the temporary
facilities will be properly constructed, maintained and removed.
3.02 Temporary Easement
Any temporary Public Improvement (e.g., a temporary Cul-De-
Sac, Alley turnout, drainage swale, erosion control device, etc.)
shall be placed within an Easement established specifically for
that purpose. The recording information of the instrument
establishing the temporary Easement shall not be shown on the
Final Plat unless the Easement is a permanent Easement for the
Subdivision prior to approval of the Final Plat. A temporary
Easement for a required Public Improvement shall not be
abandoned without the City Manager’s written consent.
Section 4. Failure to Complete Improvements
4.01 Improvement Agreement Executed & Security Posted
In those cases where an Subdivision Improvement Agreement
has been executed and Security has been posted, and the
required Public Improvements have not been installed within the
terms of the agreement, the City may:
(1) Declare the agreement to be in default and require that
all the Public Improvements be installed regardless of
the extent of completion of the development at the time
the agreement is declared to be in default;
(2) Suspend any previously authorized building
construction activity within the Subdivision until the
Public Improvements are completed, and record a
document to that effect for the purpose of public
notice;
(3) Obtain funds under the Security and complete the
Public Improvements itself or through a third party;
(4) Assign its right to receive funds under the Security to
any third party, including a subsequent owner of the
Subdivision for which Public Improvements were not
constructed, in whole or in part, in exchange for that
subsequent owner's promise to complete the Public
Improvements on the property; or
(5) Exercise any other rights or remedies available under
the law.
Section 5. Acceptance of Dedication Offers
5.01 Acceptance
Acceptance of formal offers for the dedication of Streets, public
areas, Easements or parks shall be by written authorization of
the City Manager. The approval by the Planning & Zoning
Commission and City Council of a Preliminary or Final Plat shall
not, in and of itself, be deemed to constitute or imply the
acceptance by the City of any Public Improvements required by
the Plat. The City may require the Plat to be endorsed with
appropriate notes to this effect.
Section 6. Maintenance Guarantee
6.01 Maintenance Bond
(a) A Subdivider shall furnish a good and sufficient
maintenance bond issued by a reputable and solvent
corporate surety, in favor of the City, to indemnify the City
against and guarantee the costs of any repairs which may
become necessary to any part of the construction work
performed in connection with the Subdivision, arising from
defective workmanship or materials used therein, for a full
period of two years from the date of final acceptance of the
entire project or a phase of the project if the City elects to
accept a particular phase before the entire project is
completed. A separate maintenance bond must be
furnished for work done under each contract for each part
of such construction work unless otherwise authorized by
the City. Final acceptance will be withheld until said
maintenance bond is furnished to and approved by the City
Attorney. The maintenance bond shall have attached
thereto a copy of the construction contract for such
improvements and such other information and data
necessary to determine the validity and enforceability of
such bond. When the bond has been examined and
approved, the City Attorney shall so specify in writing to the
City’s development department. No permits shall be issued
by the Building Inspector of the City on any piece of
property other than an original or a re-subdivided lot in a
duly approved and recorded Subdivision or on a lot of
separate ownership of record prior to the approval of any
required maintenance bond.
(b) The City Manager may waive the requirement for a
Maintenance Bond for projects with a construction cost of
$5,000 or less.
Section 7. Construction Procedures
7.01 Site Development Permit
A Site Development Permit is required from the City prior to
beginning any site development-related work in the City or its
extraterritorial jurisdiction which affects erosion control, storm
drainage, vegetation or tree removal, or a flood plain.
7.02 Pre-Construction Conference Prior to Affecting
Grading, Vegetation and/or Trees
The City shall require that all contractors participating in the
construction meet for a pre-construction conference to discuss
the project prior to release of a Site Development Permit and
before any filling, excavation, clearing or removal of vegetation
and any trees that are larger than six inch caliper. All contractors
shall be familiar with, and shall conform with, applicable
provisions of the City’s landscape and tree preservation
regulations and any other applicable ordinances or regulations.
7.03 Conditions Prior to Authorization
Prior to issuing a Site Development Permit, the Planning
Director shall be satisfied that the following conditions have
been met:
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 48 of 57
(1) The Final Plat has been approved by the Planning &
Zoning Commission (and any conditions of such
approval have been satisfied);
(2) All required engineering plans and documents are
completed and approved by the City’s Engineer;
(3) All necessary off-site Easements and dedications
required for City-maintained facilities and not shown on
the Plat have been conveyed to the City, such as by
filing of a separate instrument, with the proper
signatures affixed.
(4) All contractors participating in the construction shall be
presented with a set of approved plans bearing the
stamp of approval of the Director of Public Works, and
at least one set of these plans shall remain on the job;
(5) A complete list of the contractors, their representatives
on the site, and telephone numbers where a
responsible party may be reached at all times must be
submitted to the City; and
(6) All applicable fees must be paid to the City.
7.04 Nonpoint Source Pollution Controls and Tree
Protection
All nonpoint source pollution controls, erosion controls, and tree
protection measures and devices shall be in place, to the City
Engineer’s satisfaction, prior to commencement of construction
on any property.
Section 8. Inspection and Acceptance of Public
Improvements
8.01 General Procedure
(a) The Subdivider shall provide inspection service through
his/her Engineer to ensure that construction is being
accomplished in accordance with the plans and
specifications approved by the City Engineer.
(1) The Subdivider shall notify the Public Works Director
48 hours prior to commencement of construction. This
notice shall give the location and date of the start of
construction.
(2) The City shall have the right to inspect any
construction work being performed to ensure that it is
proceeding in accordance with the intent of the
provisions of these Subdivision Regulations.
(3) Any change in design that is required during
construction should be made by the licensed
professional Engineer whose seal and signature are
shown on the plans. Another Engineer may make
revisions to the original engineering plans if so
authorized by the owner of the plans, and if those
revisions are noted on the plans or documents. All
revisions shall be approved by the City Engineer.
(4) If the City Engineer finds, upon inspection, that any of
the required Public Improvements have not been
constructed in accordance with the approved
construction plans, the City's standards and/or the
Design Standards, then the developer shall be
responsible for completing and correcting the
deficiencies (at his/her expense) such that they are
brought into conformance with the applicable
standards.
(b) Testing laboratory services will be arranged by the City and
paid for by the developer. It shall be the responsibility of
Director of Public Works (or designee) to coordinate the
scheduling of all required tests with the testing laboratory.
Testing shall be conducted in accordance with the
procedures set forth in Design Standards for like work at
the frequency specified thereon as directed by the City
Engineer.
8.02 Letter of Satisfactory Completion
(a) The City will only deem required Public Improvements
satisfactorily completed when the Applicant's Engineer or
RPLS has certified to the City Engineer (through
submission of detailed sealed "as-built", or record, drawings
of the property) drawings that indicate all Public
Improvements and their locations, dimensions, materials
and other information required by the City Engineer, and
when all required Public Improvements have been
completed.
(1) The mylar "as-builts" shall also include a complete set
of sealed record drawings of the paving, drainage,
water, sanitary sewer and other Public Improvements,
showing that the layout of the lines and grades of all
Public Improvements are in accordance with
engineering plans for the Plat, and showing all
changes made in the plans during construction, and
containing on each sheet an “as-built” stamp bearing
the signature and seal of the licensed professional
Engineer and the date.
(2) One reproducible drawing of the utility plan sheets
containing the as-built information shall also be
submitted.
(3) The developer’s Engineer and/or RPLS shall also
furnish the City with a copy of the approved Final Plat
and “as-built” engineering plans, in such a digital
format (on disk) that is compatible with the City CAD
system.
(b) When the requirements of subsection (a) above have been
met to the Planning Director’s and City Engineer’s
satisfaction, and when a maintenance Bond has been
received and approved as required in Article 6, Section 6 of
these Subdivision Regulations, the City Manager shall
issue a Letter of Satisfactory Completion.
8.03 Effect of Acceptance
Acceptance of the development shall mean that the developer
has transferred all rights to all the Public Improvements to the
City for use and maintenance, subject to the two year
Maintenance Bond (see Article 6, Section 6 of these Subdivision
Regulations).
Section 9. Issuance of Building Permits and Certificates
of Occupancy
9.01 Building Permit
A building permit shall only be issued for a Lot, building site,
building or use after the Lot or building site has been officially
recorded by a Final Plat approved by the Planning & Zoning
Commission and City Council and filed for record at Collin
County, and after all Public Improvements, as required by these
Subdivision Regulations, have been completed:
Notwithstanding the above, a permit may be issued as outlined
below, provided that an agreement providing sufficient Security
(see Article 6, Section 2 of these Subdivision Regulations) is
approved by the City Manager for the completion of all
remaining Public Improvements.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 49 of 57
(1) Building “Foundation-Only” Permit. A building
“foundation only” permit may be issued for a
nonresidential or multi-family development. However,
the building permit shall not be issued and building
construction shall not be allowed to surpass the
construction of fire protection improvements. In other
words, the building shall not proceed above the slab
level until all required fire lanes have been completed,
and until all water lines serving fire hydrants have been
completed, inspected and tested.
(2) Possible Release of Lots. The City Manager may
release some residential building permits for not more
than 10% of the Lots within a new residential
Subdivision, provided that all Public Improvements
have been completed for that portion of the
development including those required for fire and
emergency protection. No Lot may be sold nor title
conveyed until the Final Plat has been recorded with
the Collin County Clerk.
9.02 Certificate of Occupancy
A certificate of occupancy shall only be issued for a building or
the use of property after a Final Plat has been approved by the
Planning & Zoning Commission and City Council and recorded
with the Collin County Clerk, and after all Subdivision
improvements have been completed. Notwithstanding the
above, a Certificate of Occupancy may be issued provided that
an agreement providing sufficient Security (see Article 6,
Section 2 of these Subdivision Regulations) is approved by the
City Manager for the completion of all remaining Public
Improvements, and provided that the structure is safely
habitable in accordance with the City’s Building Codes. No Lot
may be sold nor title conveyed until the Final Plat has been
recorded with the Collin County Clerk.
Article 7 FILING FEES; PLAT RE-SUBMISSION &
CONSTRUCTION INSPECTION FEES
Section 1. Schedule of Fees and Re-Submission
Requirements
1.01 Fee Schedule
All submissions required under these Subdivision Regulations
shall be accompanied by the payment of fees in accordance
with the current Development Fees schedule as set forth in Part
IV, Article 4 of this Code and any other applicable fees. The
Development Fee schedule shall be as approved by the City
Council and may be changed from time to time by the City
Council. It is the Applicant’s responsibility to obtain and comply
with the City’s current fee schedule and submission
requirements.
1.02 Purpose
Such fees shall be collected for the purpose of defraying the
costs of administrative, clerical, Engineering, review,
inspections, and testing necessary to properly review and
investigate Plats and Subdivision construction.
1.03 No Refund
Such fees shall be imposed and collected on all Applications for
approval of any type of Plat, regardless of the action taken by
the Planning & Zoning Commission and City Council thereon.
The Commission shall take no action until all required fees have
been paid. The required fees shall not be refunded should the
Plat be disapproved.
1.04 Resubmission Fees
Resubmission of revised Applications (such as Preliminary
Plats) having substantial changes shall, at the discretion of the
Director of Planning, require complete reapplication and
payment of fees.
1.05 Expiration of Application
Should a Development Application expire, or should it be denied
by the Commission or the City Council, then that Application
ceases “pending” status and the Application, and its
corresponding series of development approvals and permits,
shall be deemed null and void. Any future Application for any
type of development approval for that property shall be
considered a new Application, and shall be accompanied by
new Application materials, including new submission fees, and
shall conform to all applicable city ordinances in effect at the
time of submission of the new Application.
1.06 Recordation Fees
Recording fees for Final Plats filed with the Collin County Clerk
are in addition to any application and inspection fees charged by
the City. Such fees shall be paid following approval of the Final
Plat, prior to the Plat being filed for record at the County by the
City.
1.07 Construction Inspection Fee
(a) A construction fee equal to 3% of the cost of the
construction (as determined by the City Engineer), including
water, sewer, paving, and drainage facilities, shall be paid
to the City prior to the construction of any facilities.
Subdivider shall submit to the City Engineer an estimate of
construction costs. The City Engineer shall either approve
or disapprove the estimate and send a copy of said
approval or disapproval to Subdivider and City. If the
estimate is disapproved, the City Engineer shall consult
with Subdivider and attempt to negotiate an acceptable
estimate. If such negotiations are unsuccessful, the
Subdivider may appeal to the City Council to resolve the
dispute. Construction shall not begin until the City Engineer
has approved the estimate or in the alternative the City
Council has approved the estimate, and the associated
fees have been paid.
(b) The Subdivider shall submit to City documentation showing
actual cost of construction when construction is completed.
If actual cost is less than the original estimate, the City shall
refund the appropriate amount. If the actual construction
cost is greater than the original estimate, Subdivider shall
pay to the City the appropriate amount, based on 3% of
actual costs.
Article 8 ENFORCEMENT; VIOLATIONS;
PENALTIES
Section 1. Enforcement; Violations; Penalties
In Addition to all other remedies and relief available to the City
by law or in equity for a violation of these Subdivision
Regulations, the following non-exclusive forms of relief shall be
available to the City:
(1) Violations and Penalties. Any Person who violates any
of these regulations for lands within the corporate
boundaries of the City shall be subject to a fine of not
more than $2,000 per day, or the highest amount
authorized under law, whichever is lower, with each
day constituting a separate violation.
(2) Civil Enforcement. Appropriate civil actions and
proceedings may be maintained in law or in equity to
prevent unlawful construction, to recover damages, to
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 PAGE 50 of 57
impose additional penalties, to restrain, correct or
abate a violation of these regulations, whether such
violation occurs with respect to lands within the
corporate boundaries of the City or within the City's
extraterritorial jurisdiction. These remedies shall be in
addition to the penalties described above.
(3) Withholding of Subdivision Acceptance. Pursuant to
the provisions of Article 6 of these Subdivision
Regulations, the City may refuse to grant final
acceptance of a Subdivision that does not fully and
completely comply with all terms and conditions of
these Subdivision Regulations including, but not
limited to, the refusal to issue building permits and
certificates of occupancy, and the refusal to connect
the property to City utilities and services.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 51 of 57
Article 9 TABLES AND DIAGRAMS
TABLE 1.
TYPE DESIGNATION R.O.W. PAVEMENT WIDTH MEDIAN WIDTH
Expressway E 150’ - 500’ NA NA
Arterial A 120’ 2 @ 36’ 26’
Major or Minor
Collector, Divided
C2D 90’ 2 @ 24’ 20’
Major or Minor
Collector,
Undivided
C2U 80’ 48’ None
Residential
Collector
C 60’ 36’ None
Local Collector R 50’ 31’ None
DIAGRAM A.
Diagram A. Shared Access Driveway & Cross Access Internal Driveway
Shared Driveway
Cross Access Internal Driveway
Building Area Building Area
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 52 of 57
Article 10 APPENDIX A
Preliminary Plat Checklist
____________________________
Name of Plat
The following elements must be shown. Each lot shall comply with the requirements specified in the Zoning
Chapter for width, depth, and area. If plat requires more than one sheet, number the sheets and provide
match lines and a key map.
Staff Applicant
location map, north arrow, written and graphic scale
location and dimensions of all boundary lines (indicated by heaviest lines) and all
lots
a number or letter identifying each lot, block, and site
proposed street names
existing zoning on and surrounding the property
the outline of wooded areas or the location of important individual trees
topographical information with contour lines at two foot intervals.
title block in the lower right corner that includes:
• type of plat
• proposed name of subdivision, with section or phase if applicable
• proposed lot and block numbers
• reference to the original survey and previous plat including recording information
• city, county, state
• date of preparation
• number of lots
location, dimension, and purpose of all easements within or abutting the
subdivision, and the recording information of all existing easements
Regulatory flood elevations and boundaries of floodprone areas including
floodways, if known
the following information on adjoining property, which should be shown with
dotted or dashed lines:
• if platted, subdivision name; lot, block, or tract numbers; recording information
• if unplatted, current deed record ownership information
• if subdivided without platting, both of the above
gross acreage of the subdivision
former lot numbers and lot lines shown in half tones ("ghosted")
location of city limit lines if they traverse, form a part of the boundary, or are
contiguous to the boundary of the subdivision
data table showing the numbers of residential and non-residential lots and the
acreages of residential, non-residential, public street, and park or open space uses
location and dimensions of existing structures and a notation stating whether
structures will remain or be removed
name, address, phone, fax, and email address of record owner, the professional
preparing the plat, and the developer.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 53 of 57
Required Documents
Staff review will not begin until all the following items have been submitted:
Staff Applicant
Plat application with owner's disclosure and notary statement
Application fee
Documents required check list, completed and signed by applicant
7 folded copies of the plat, minimum sheet size 18"x24", maximum 24"x36",
folded to 9"x12" with the title block visible
7 - 11”x17” reduction of the plat
3 folded copy of the preliminary water and sanitary sewer layout
3 folded copy of the preliminary drainage plan. If utilizing a previously approved
drainage plan, include the accepted plan. Drainage plan may also include the
preliminary Storm Water Management Site Plan.
3 folded copy of the preliminary Storm Water Management Site Plan (SWMSP).
1 - CD vector image in AUTOCAD 2010 (or most recent version) and a PDF file for
each plat and utility layout drawings shall be provided to the City at the time of
submission of the Plat.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 54 of 57
Article 11 APPENDIX B
Final Plat Checklist
____________________________
Name of Plat
The following elements must be shown. Each lot shall comply with the requirements specified in the Zoning
Chapter for width, depth, and area. If plat requires more than one sheet, number the sheets and provide
match lines and a key map.
Staff Applicant
final plat substantially conforms with the Approved Preliminary Plat
location map, north arrow, written and graphic scale
location and dimensions of all boundary lines (indicated by heaviest lines) and all
lots
a number or letter identifying each lot, block, and site
proposed street names
title block in the lower right corner that includes:
• type of plat
• name of subdivision, with section or phase if applicable
• lot and block numbers
• reference to the original survey and previous plat including recording information
• city, county, state
• date of preparation
• number of lots
• finished floor elevation for all lots adjacent to flood prone area
appropriate owner’s certifications, as shown in Article 11
location, dimension, and purpose of all easements within or abutting the
subdivision, and the recording information of all existing easements
Regulatory flood elevations and boundaries of flood prone areas including floodways,
if known
the following information on adjoining property, which should be shown with
dotted or dashed lines:
• if platted, subdivision name; lot, block, or tract numbers; recording information
• if unplatted, current deed record ownership information
• if subdivided without platting, both of the above
gross acreage of the subdivision
former lot numbers and lot lines shown in half tones ("ghosted")
location of city limit lines if they traverse, form a part of the boundary, or are
contiguous to the boundary of the subdivision
data table showing the numbers of residential and non-residential lots and the
acreages of residential, non-residential, public street, and park or open space uses
location and dimensions of existing structures and a notation stating whether
structures will remain or be removed
name, address, phone, fax, and email address of record owner, the professional
preparing the plat, and the developer.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 55 of 57
Required Documents
Staff review will not begin until all the following items have been submitted:
Staff Applicant
Plat application with owner's disclosure and notary statement
Application fee
Filing fee
Documents required check list, completed and signed by applicant
7 folded copies of the plat, minimum sheet size 18"x24", maximum 24"x36",
folded to 9"x12" with the title block visible
7 - 11”x17” reduction of the plat
3 folded copies of the approved Engineering construction.
1 - CD vector image in AUTOCAD 2010 (or most recent version) and a PDF file for
each plat and utility layout drawings shall be provided to the City at the time of
submission of the Plat.
After Approval and all improvements are complete 3 mylars (permanent reproducible
ink) and 1 paper print with all signatures on sheets 24 inches wide and 36 inches
long and shall be drawn at a scale of one inch equals 100 feet. Where more than one
sheet is required an index sheet showing the entire Subdivision shall be attached to
the Plat
Preparer’s Signature: ______________________________________
Printed Name: ______________________________________
Date: ______________________________________
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 56 of 57
Article 12 OWNER’S CERTIFICATIONS
OWNER’S CERTIFICATIONS
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT _______________________________________________ acting herein by and through it's duly authorized
officers, does hereby adopt this plat designating the hereinabove described property as
______________________________, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple,
to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street
purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes
indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all
public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by
public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility
entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other
improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency
of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full
right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing,
inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems
without the necessity at any time of procuring permission from anyone.
(if plat contains fire lane easements add)
That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as
dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all
times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction,
including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire
apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner
shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking.”
The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to
be maintained free and unobstructed at all times for Fire Department and emergency use.
(if plat contains access easements add)
The undersigned does covenant and agree that the access easement may be utilized by any person or the general
public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use
and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and
privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress,
and regress in, along, upon, and across said premises.
CITY OF ANNA, TEXAS SUBDIVISION REGULATIONS – Adopted 12/13/2011 Page 57 of 57
This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas.
WITNESS my hand this the ____ day of ________________, 20____.
_________________________________________________
STATE OF:
COUNTY OF
BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared _____________________, known to me to be the person or persons whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same in the capacity herein stated and the act and
deed of said company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ____ day of ________________, 20____.
_______________________________________
Notary Public in and for ________ County
My Commission Expires: ______________________