§ 11-2-1. General provisions.

(A)

Title. This Chapter 2 of Title XI of the Midland City Code shall be officially known, cited and referred to as the Subdivision Regulations of the City of Midland (hereinafter "these regulations").

(B)

Policy.

1.

The subdivision or platting of land and the subsequent development of the land are subject to the control of the City pursuant to the comprehensive plan for the orderly, planned, efficient, and economical development of the City.

2.

Land to be subdivided or platted shall be of a character that can be used safely for building purposes without danger to health or peril from fire, flooding, or other menace, and land shall not be developed until adequate public facilities and improvements exist or are committed and proper provision has been made for adequate drainage, water, sewerage, and street access.

3.

Proposed public improvements shall conform to and be properly related to the proposals shown in the comprehensive plan and the capital improvements programs of the City. These regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the zoning code, the comprehensive plan and the capital improvements programs of the City.

(C)

Purposes. These regulations shall serve to guide the future growth and development of the City of Midland in accordance with the comprehensive plan, and to protect and provide for the public health, safety, and general welfare of the City. Its goal is to maintain the quality of life for all citizens of the City of Midland and to enhance the beauty and stability of our community by encouraging the wise use and management of all our natural resources. In the furtherance of this goal, we shall work together in a spirit of cooperation to provide a quality infrastructure and other facilities to serve the public, and to ensure the best possible and most land efficient design and layout of future developments.

(D)

Authority. In addition to its other responsibilities, the City planning and zoning commission of the City of Midland (hereinafter "commission") is vested with the authority to review, approve and disapprove and, except in the case of final plats, conditionally approve applications for the platting or subdivision of land, including preliminary plats, final plats, amended plats, and vacations of plats, except as specified otherwise by Sections 11-2-3(D)11 and 11-2-3(I)2 herein.

(E)

Jurisdiction.

1.

These regulations apply to all subdivisions of land located within the corporate limits of the City and within the City's extraterritorial jurisdiction, as provided by law, except as expressly stated herein.

2.

The following types of land division do not require approval by the City of Midland; however, the exclusion of such activities from these regulations does not waive any jurisdiction the City now exercises or may exercise over such matters.

(a)

The division of land into two or more parts for agricultural use, where all parts are five acres or larger and do not involve a new street or other portion of the tract intended for public use.

(b)

The division of land into two or more parts for other than agricultural use provided:

(i)

All parts are five acres or larger;

(ii)

Development of the parcels does not require the dedication of any public improvements; and

(iii)

Each parcel after the subdivision has adequate access from existing streets.

"Adequate access," for purposes of this Section 11-2-1(E)2, shall mean the parcels, at the time of the subdivision, can be accessed over paved public streets which have sufficient structural and width capacity to carry the estimated levels of motor vehicle traffic to and from the parcels being divided, together with the estimated levels of traffic to and from other parcels in the area which will be accessed over the same streets, based on the most intensive use allowed in the zoning districts in which the parcels are located, and as required for platted property by Sections 11-2-5(A)3(C) and 11-2-5(C).

(c)

The division of property through inheritance, the probate of an estate, or by a court of law.

(d)

The division of property resulting from an acquisition by a governmental entity of a portion of an undivided tract for a public purpose.

3.

No plat will be approved for any tract of land within city boundaries which has not been permanently zoned in accordance with the zoning code.

4.

A written request may be directed to the commission for information concerning whether a plat is required under these regulations, in accordance with V.T.C.A., Local Government Code § 212.0115, as amended.

5.

Except as provided above, no land may be subdivided or platted through the use of any legal description other than with reference to a plat approved by the commission in accordance with these regulations.

6.

Except as provided above, and for separate parcels of land established prior to the effective date of this Chapter 2, Title XI of this Code, no land shall be sold or transferred until the property owner has obtained approval of a final plat from the director, the commission or the City Council (hereinafter "Council") as required by these regulations.

7.

The City shall withhold all public improvements and utilities, including the maintenance of streets and the provision of sewage facilities and water service, from all tracts, lots or additions, the subdivision of which requires approval by the City and for which such approval has not been obtained as specified herein.

8.

The building official shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed by this Chapter, except as provided otherwise in the site requirements of the building code, Section 4-1-4 of the Midland City Code.

9.

The Health and Senior Services Administrator shall not issue a septic permit for a new or expanded septic system within the City limits or within the City's extraterritorial jurisdiction for property for which a plat has not been approved and recorded in the manner prescribed by this Chapter. The Health and Senior Services Administrator shall obtain written confirmation from the City Manager that this section has been complied with before issuing a septic permit. A septic permit that is issued without the provisions of this section having been complied with shall be void at inception.

(F)

Applicable law. All applications for plat approval, including final plats, pending on the effective date of these regulations and which have not lapsed shall be reviewed under regulations in effect immediately preceding the date of adoption of these regulations.

(G)

Units of measure. All units of measurement contained herein are expressed in SI (or metric system) units, followed by the U.S. customary (or English) system units in parentheses. The measurements generally will not be equivalent because of rounding of SI units. All subdivision plats, whether sketch, preliminary, or final stage plats, shall show all units of measure either in SI units or in U.S. customary system units until January 1, 2000. Where measurements are in other than SI units, wherever practical, it is encouraged that SI units of measure follow in parentheses. Effective January 1, 2000, only SI units of measure shall be used. Unless required otherwise by other applicable regulations, until January 1, 2000, the developer may elect as primary units of measurement for his subdivision plat and for all subdivision improvements either SI or U.S. customary units, regardless of which measurement unit contained herein or in other applicable codes or public improvements standards is the more restrictive, but must conform to the minimum requirements specified in one of the systems of measurement exclusively for each subdivision. A developer shall not mix measurement systems with respect to compliance with minimum requirements. Where required for federal or state government participation in public improvements, the City may require that the SI system of measurement be used for all units of measurement. Where an extension of an existing right-of-way or easement would be a lesser width than the existing, the plat shall dedicate a suitable transition from the greater to the lesser width.

(H)

Interpretation, conflict, and separability.

1.

Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

2.

Conflict with other laws. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations, or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

3.

Separability. If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the 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 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.

(I)

Saving provision. These 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 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 for in these regulations.

(J)

Superseding regulations. Upon the adoption of these regulations according to law, all subdivision regulations of the City of Midland previously in effect are hereby superseded, except as provided in Section 11-2-1(F).

(K)

Amendments. For the purpose of protecting the public health, safety and general welfare, the commission or Council may from time to time propose amendments to these regulations, which shall then be approved or disapproved by the Council at a public meeting after a public hearing. Notice of the public hearing on any proposed amendments to these regulations shall be published at least once in the official newspaper of the City not later than seven days prior to the date of the public hearing, and shall set forth the time, date and place of the public hearing.

(L)

Variances.

1.

General. Where the commission or Council finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these regulations so that substantial justice may be done and the public interest secured. A variance shall not be approved which would have the effect of nullifying the intent and purpose of these regulations.

2.

Criteria for variances other than from development exactions. The granting of any variance shall take into account the nature of the proposed use of the land involved and existing uses of land in the proposed subdivision, existing and proposed streets, drainage systems, and utilities, and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity. The commission or Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

(a)

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property.

(b)

Because of the particular physical surroundings, shape or topographical nature of the land, the conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are neither applicable generally to other property nor are created by the owner. Because of these unique circumstances, strict application of these regulations would result in a particular hardship to the owner, as distinguished from mere inconvenience, conflict with the owner's preference, or interference with ability to maximize profits.

(c)

The variance will not in any manner vary the provisions of Title XI, Chapter 1 of the Midland City Code, as amended, or comprehensive plan, except that those documents may be amended in the manner prescribed by law.

(d)

The variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Chapter.

3.

Criteria for variances from development exactions. Where the commission or Council finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the development or is so excessive as to constitute confiscation of the tract to be platted, it may approve variances to such requirements, so as to prevent such excess. In considering such request, the commission or Council also shall take into account the detriment to the public health, safety and welfare that would result from imposing the requirements.

4.

Planned developments. It is the intent of this Chapter that the subdivision of a planned development be processed in conjunction with zoning approval. If the preliminary plat for the subdivision is consistent with the site plan for the planned development zoning district approved by the Council, any variation in the standards or requirements otherwise made applicable to the plat by this Chapter, which is necessitated by said plan, may be approved without regard to the standards and procedures for variances required by this Section, provided that the commission or Council may impose such conditions as to assure that the purposes of this Chapter are met and require such covenants and restrictions as will assure conformity to and achievement of the plan.

5.

Conditions. In approving a variance from these regulations, the commission or Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements varied and the purposes described in Section 11-2-1(C).

6.

Procedures. An application for a variance shall be submitted in writing by the property owner at the time when the preliminary plat, or final plat where no preliminary plat is required, is filed for the consideration of the commission. The petition shall state fully the grounds for the variance and all of the facts relied upon by the applicant. The commission shall decide the variance request, subject to appeal to the Council pursuant to Section 11-2-1(L), or to approval of the plat by the Council, where required.

(M)

Appeals. Any subdivider contesting any disapproval, conditional approval and/or interpretation or application of any rule, standard, regulation, determination or requirement set forth in this Chapter directly or by delegation of authority shall have the right, after filing a written request with the commission, to have a hearing thereon before the commission within 21 days after the date of filing of such request. The subdivider may appeal an adverse decision of the commission to the Council by giving written notice to the director within 15 days after the final hearing before the commission.

(N)

Enforcement, violations and penalties.

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 $2,000.00 per day, pursuant to Title I, Chapter 3, of the Midland City Code.

2.

Civil enforcement. Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, or to restrain, correct, or abate a violation of these regulations, whether such violation occurs with respect to land 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.

(Ord. No. 7333, § 1, 6-14-1994; Ord. No. 8619, § 1, 2-26-2008; Ord. No. 9022, § 1, 6-12-2012; Ord. No. 9327, § 1, 9-23-14 )