Ord. 0421 03-09-81ORDINANCE NO. 421
AN ORDINANCE AMENDING CHAPTER 27, OF THE CODE
OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS,
BY ADDING AND DELETING SPECIFIC SECTIONS AND
DIVISIONS CONTAINED THEREIN; PROVIDING FOR AN
EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section I
That Section 27-1 (b) of Chapter 27 of the Code of Ordinances
of the City of Pearland, Texas, and the same is hereby amended
and said section shall henceforth read as follows:
"Sec. 27-1. General.
(b) Before any plan, plat or replat of a subdivision
or addition of land in the City or within five (5) miles of the
City shall be recorded with the County Clerk it shall first be
approved by the Planning and Zoning Commission."
Code
Section II
That Section 27-2, entitled Definitions, of Chapter 27 of the
of Ordinances of the City of Pearland, Texas, be and the same
is hereby amended, and said section shall henceforth read as follows:
"Sec. 27-2. Definitions.
For the purposes of these regulations, the following terms,
phrases, words, and their derivations shall have the meaning ascrib-
ed to them in this section; in the event such terms are not defined
in these regulations, they shall have the meaning ascribed to them
in the Land Use and Urban
ALLEY: A minor
provide the primary means
Development Ordinance of the City.
public right-of-way, not intended to
of access to abutting lots, which is
used primarily for vehicular service access to the back or sides
of properties otherwise abutting on a street.
BUILDING SETBACK LINE: A line which marks the setback
distance from the property line, and establishes the minimum re-
quired front, side, or rear yard space of a lot.
CITY: The term "City" as used in these regulations
shall mean the Planning and Zoning Commission, City Engineer, City
Planning Department, City Building Inspector or Department of
Public Works, or the City of Pearland, Texas, as the case may be.
CITY ENGINEER: City Engineer or a designated repre-
sentative.
COMMISSION: The Planning and Zoning Commission of the
City.
CUL-DE-SAC: A street having but one outlet to another
street, and terminated on the opposite end by a vehicular turn-
around.
DEAD-END STREET: A street, other than a cul-de-sac,
with only one outlet.
FLOOD: A temporary rise in stream level that results
in inundation of areas not ordinarily covered by water.
FLOODWAY: The, channel of a watercourse and portions
of the adjoining flood plain which are reasonably required to
carry and discharge the regulatory flood.
FLOOD PLAIN: That area inundated by storm water run-off
equivalent to that which would occur from a 100-year frequency
after a total development of the water shed; said area defined by
an elevation plus one (1) foot, below which no development may
take place unless consistent with these regulations.
ENGINEER: A person duly authorized under the provisions
of the Texas Engineering Registration Act, as heretofore or here-
after amended, to practice the profession of engineering.
LOT: An undivided tract or parcel of land having front-
age on a public street and which is, or in the future may be
offered for sale, conveyance, transfer or improvement; which is
designated as a distinct and separate tract, and which is identi-
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fied by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly filed or recorded.
PAVEMENT WIDTH: The portion of a street available
for vehicular traffic where curbs are laid. "Pavement width" is
the portion between the face of curbs.
PLANNING DEPARTMENT: Director of Planning and Trans-
par-tation or his appointed representative.
REGULATORY FLOOD: A flood which is representative of
large floods known to have occurred generally in the area and
reasonably characteristic of what can be expected to occur on a
particular stream. The regulatory flood generally has a flood
frequency of approximately 100 years as determined from an analy-
sis of floods on a particular stream and other streams in the
same general region.
REGULATORY FLOOD PROTECTION ELEVATION: The elevation
of the regulatory flood plus one (1) foot of freeboard to provide
a safety factor.
SHALL, SHOULD, MAY: The word "shall" is always manda-
tory. The word "should" is advisory. The word "may" is permis-
sive.
STREET: A publicright-of-way, however designated,
which provides vehicular access to adjacent land.
(a) An "arterial street" primarily provides vehicular
circulation to various sections of the City.
(b) A "collector street" primarily provides circulation
within neighborhoods, to carry traffic from minor
streets to arterial streets, or to carry traffic
through or adjacent to commercial or industrial
areas.
(c) A "marginal access street" is a street which is
parallel to and adjacent to an arterial street, and
primarily provides access to abutting properties
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and protection from through traffic.
(d) A "minor street" is one used primarily for access
to abutting residential property.
SUBDIVIDER: Any person or any agent thereof, dividing
or proposing to divide land so as to constitute a subdivision as
that term is defined herein. In any event, the term "subdivider"
shall be restricted to include only the owner, equitable owner,
or authorized agent of such owner or equitable owner, of land
sought to be subdivided.
SUBDIVISION: The term "subdivision" means the division
of any lot, tract, or parcel of land into two (2) or more parts,
lots or sites, for the purpose, whether immediate or future, of
the sale or division of ownership. This definition also includes
the resubdivision of land or lots which are part of a previously
recorded subdivision. An addition is a subdivision as defined
herein. The term "subdivision" includes the division of land
whether by plat or by metes and bounds description, and when
appropriate to the context, shall relate to the process of sub-
dividing or to the land subdivided. A subdivision developed and
sold off by metes and bounds description shall meet all require-
ments set forth herewith and shall meet the minimum lot sizes as
set forth in the Land Use and Urban Development Ordinance of the
City.
SURVEYOR: A licensed State Land Surveyor or a Registered
Public Surveyor, as authorized by State statute to practice the
profession of surveying.
UTILITY EASEMENT: An interest in land granted to the
City, to the public generally, and/or to a private utility corpora-
tion, for installing or maintaining utilities across, over, or
under private land, together with the right to enter thereon with
machinery and vehicles necessary for the maintenance of said
utilities.
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Any office referred to in these regulations by title means
the person employed or appointed by the City in that position,
or his duly authorized representative.
Definitions not expressly prescribed herein are to be
construed in accordance with Customary usage in municipal plan-
ning and engineering practices."
Section III
1. That Section 27-3 (A) (1) (2), of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
"Sec. 27-3. Procedures for submission of plats.
(A) Preapplication Procedure.
(1) Preliminary Conference. It has been in the past, and
shall be in the future, the policy of the City of Pearland to
endeavor to cooperate with subdividers of property in an effort
to promote sound planning in the subdivision of land and to pre-
vent expensive errors in platting of property. The rules and
regulations as set forth herein have been made after careful
study by the Commission and the City of existing local conditions
and the desirable future of modern subdivision planning principals
as recommended by the city staff and consultants and is followed
by other progressive cities in this state and this general local-
ity. It is not the desire nor the intent of the City or planning
commission to regiment the design of subdivisions of property in
Pearland and its environs, but rather to recommend the utiliza-
tion, to the fullest possible extent, of good sound modern sub-
division planning principals. It is intended that as much freedom
as possible be allowed the individual owners and subdividers in
the design and ultimate development of new subdivisions so they
will contribute to the community new residential neighborhoods with
individuality and character, and, at the same time, provide for
sufficient and adequate major and secondary traffic thoroughfares,
public utilities, parks and playgrounds and other public grounds
that may be required, and to otherwise preserve the integrity of
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the plans for the City which have been formulated, and to meet
the provisions of the Comprehensive Master Plan of the City which
is designed and intended to stabilize and protect the established
pattern of the best land usage of all property within and to be
ultimately added to the City.
The owner or subdivider of land shall first confer with the
Planning Department and Building Inspector before preparing the
preliminary plat of their proposed subdivision and to secure a
copy of the rules and regulations governing subdivisions of land
so that they may become thoroughly familiar with subdivision
requirements and policies of the City, and with the features,
provisions, and recommendations of the various plans for the City
that may relate to and have affect upon the general area in which
the proposed subdivision is situated.
It is also suggested that each owner or subdivider of land
review the Comprehensive Master Plan of the City to ensure a
subdivision layout consistent with this plan.
(2) Special Provisions.
a) No building permit shall be issued by the City
for the installation of septic tanks upon any lot in a subdivision
for which a final plat has not been approved and filed for record,
or upon any lot in a subdivision in which the standards contained
herein or referred to herein have not been complied with in full.
b) No building, repair, plumbing or electrical permit
shall be issued by the City for any structure on a lot in a
subdivision for which a final plat has not been approved and filed
for record, nor for any structure on a lot within a subdivision in
which the standards contained herein have not been complied with
in full.
c) The Developer shall not install or provide any
streets or public utility services in any subdivision for which a
final plat has not been approved and filed for record, nor in which
the standards contained herein or referred to herein have not been
complied with in full.
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d) The City nor other utility shall not sell or
supply any water, gas, electricity, telephone or sewage service
within a subdivision for which a final plat has not been approved
or filed for record, nor in which the standards contained herein
or referred to herein have not been complied with in full.
e) In behalf of the City, the City Attorney shall,
when directed by the City Council, institute appropriate action
in a court of competent jurisdiction to enforce the provisions
of these regulations or the standards referred to herein with
respect to any violation thereof which occurs within the City,
within the extraterritorial jurisdiction of the City as such
jurisdiction as determined under the municipal Annexation Act,
or within any area subject to all or a part of the provisions of,
this Ordinance.
f) If any subdivision exists for which a final plat
has not been approved or in which the standards contained herein
or referred to herein have not been complied with in full, and
the City Council of the City shall pass a resolution reciting
the fact of such noncompliance or failure to secure final plat
approval, and reciting the fact that the provisions of paragraphs
a, b, c, and d of this Section will apply to the subdivision and
the lots therein, the City Secretary shall, when directed by the
City Council of the City, cause a certified copy of such resolu-
tion under the corporate seal of the City to be filed in the
deed records of the county or counties in which such subdivision
or part thereof lies. If full compliance and final plat approval
are secured after the filing of such resolution, the City Secretary
shall forthwith file an instrument in the deed records of such
county or counties stating that paragraphs a, b, c, and d no longer
apply.
g) Provided, however, that the provisions of this
Section shall not be construed to prohibit the issuance of permits
for any lots upon which a residence building exists and was in
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existance prior to passage of this subdivision ordinance, nor
to prohibit the repair, maintenance, or installation of any
street or public utility services for, to or abutting any lot,
the last recorded conveyance of which prior to passage of these
regulations was by metes and bounds, and/or any subdivision, or
lot therein, recorded or unrecorded, which subdivision was in
existence prior to the passage of these regulations.
(3) Variances.
The Commission may authorize a variance from these
regulations when, in its opinion, undue hardship will result
from requiring strict compliance. In granting a variance, the
Commission shall prescribe only conditions that it deems necessary
to or desirable in the public interest. In making the findings
hereinbelow required, the Commission shall take into account the.
nature of the proposed use of the land involved, existing uses
of land in the vicinity, the number of persons who will reside
or work in the proposed subdivision, and the probable effect of
such variance upon traffic conditions and upon the public health,
safety, convenience and welfare in the vicinity. No variance
shall be granted unless the Commission finds:
a) That there are special circumstances or conditions
affecting the land involved such that the strict application of
the provisions of this Ordinance would deprive the applicant of
the reasonable use of his land; and
b) That the variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant;
and
c) That the granting of the variance will not be
detrimental to the public health, safety or welfare, or injurious
to other property in the area; and
d) That the granting of the variance will not have the
effect of preventing the orderly subdivision of other land in the
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area in accordance with the provisions of these regulations. Such
findings of the Commission together with the specific facts
upon which such findings are based, shall be incorporated into
the official minutes of the Commission meeting at which such
variance is granted. Variances may be granted only when in
harmony with the general purpose and intent of these regulations
so that the public health, safety and welfare may be secured and
substantial justice done. Pecuniary hardship to the subdivider,
standing alone, shall not be deemed to constitute undue hardship."
2. That Section 27-3 (B) (1) and (2), of Chapter 27 of the Code
of Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
(B) "Schedule of fees. Subdivision plats submitted to the
City for approval must be accompanied by a check made payable to
the City for an amount specified in the schedule of fees as
determined by the City Council from time to time and on file in
the office of the City Secretary."
3. That Section 27-3 (C) (2) (a) (5), of Chapter 27 of the Code
of Ordinancesof the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
"(5) The name of the registered professional engineer and
registered public surveyor responsible for the survey
and design. If different from the surveyor of the
boundary, so indicate."
4. That Section 27-3 (C) (2), of Chapter 27 of the Code of
-Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding new sections thereto to be lettered as
(k) (1) (m) (n) (o) , which new sections shall read as follows:
"(k) The exact location, dimensions, description, and
flow line of existing water courses and drainage
structures within the subdivision.
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(1) Base flood elevations and boundaries of flood -
prone areas, including flood -ways shall meet
development permit requirements in accordance
with information in Ordinance No. 372, Art. IV
and Art. V, Section C.
(m) A preliminary plan for proposed fills or other
structure -elevating techniques, levees, channel
modifications, seawalls, and other methods to
overcome flood or erosion -related hazards in
compliance with temporary base elevation stand-
ards of Ordinance No. 372.
(n) If the developer and/or owner wishes to plat only
a portion of a larger tract, a conceptual plat
will be filed to ensure that the development will
be consistent with the Comprehensive Master Plan of
the City of Pearland.
(o) Proposed uses of the land within the subdivision
and a copy of restrictive covenants on all residential
developments outside the City limits but within
Pearland's Extraterritorial Jurisdiction, a residen-
tial density factor will be required based on the
computed lots per acre of total development."
5. That Section 27-3 (C) (3) (a), of Chapter 27 of the Code
of Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
"(a) Prior to submittal to the City, the preliminary plat
shall have the approval of the Brazoria County Drainage District
No. 4, if the property is situated in Brazoria County, or approval
of the Harris County Drainage District, if the property is situat-
ed in Harris County."
6. That Section 27-3 (C) (3) (b) , of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
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hereby amended to read as follows:
"(b) Fifteen (15) prints of the preliminary plat and
one reproducible original shall be submitted at least ten (10)
days prior to a meeting of the Commission without exception."
7. That Section 27-3 (C) (3), of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding new sections thereto to be lettered as
(f) (g) (h) and (i), which new sections shall read as follows:
"(f) The City Planning Department shall check the
preliminary plat as to its conformity with the
master plan, major street plan, land use plan,
zoning districts and the standards and specifica-
tions set forth herein or referred to herein.
(g)
Pertinent copies of the preliminary plat data shall
be submitted to the City Engineer, and he shall
check the same for conformity with the standards
and specifications contained or referred to herein.
(h) The City Planning Department and City Engineer
shall return the preliminary plat data to the
Commission with their suggestions as to modifica-
tions, additions or alterations of such plat data.
(i) The City Building Inspector shall be responsible
for interpretation of base flood elevation informa-
tion and boundaries of flood hazards as described
herein and reflecting the temporary base flood
elevation standards for residential construction
within the City of the City of Pearland, Texas as
set forth in Ordinance No. 372."
8. That Section 27-3 (C) (4) of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
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"(4) On receipt of the preliminary plat and other
information, the Commission shall render a decision thereon
within thirty (30) days. Such decision may consist of approval,
disapproval or conditional approval. Conditional approval shall
be considered to be the approval of a plat or replat subject to
conformity with prescribed conditions, but shall be deemed to be
a disapproval of such plat or replat until such conditions are
complied with. All objections made to the preliminary plat, or
conditions imposed, shall be furnished to the subdivider in
writing."
9. That Section 27-3 (D) (4) (a) (5), of Chapter 27 of the
Code of Ordinances of the City of Pearland, Texas, be and the
same is hereby amended to read as follows:
"(5) The name of the registered professional engineer
and registered public surveyor responsible for the plat."
10. That Section 27-3 (D) (4) (m), of Chapter 27 of the Code
of Ordinances of the City of Pearland, Texas, be and the same
is hereby amended to read as follows:
"(m) The final plat submitted to the City and to be filed
for record with the County Clerk shall not show the construction
features such as curblines or public utility lines or other
structures not involved in the title covenant."
Section IV
1. That Section 27-4 (A) (3) (k) of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
"(k) Street right-of-way widths shall be as shown in
the Comprehensive Master Plan of the City and
where not shown therein shall be not less than
as follows:
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Street Type
Minimum
right-of-way width
(feet)
Major Thoroughfare 100
Collector 70
Minor, for multi -family 60
Marginal access 40
Minimum open ditch section to be determined by City
Minor, for other residences if
curb and gutter installed50
Minor, for other residences with
open ditch section to be determined by City
2. That Section 27-4 (A) (3) of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding new sections thereto to be lettered
as (p) (q) (r) (s) (t), which new sections shall read as follows:
"(p) Streets on Comprehensive Plan. Where a subdivision
embraces a street as shown on the Comprehensive Plan
of the City, such street shall be platted in the
location and of the width indicated by the Comprehen-
sive Plan.
(q) Curbs. Curbs shall be installed by the subdivider
on both sides of all interior streets.
(r) Street Names. Names of new streets shall not duplicate
or cause confusion with the names of existing streets,
unless the new streets are a continuation of or in
alignment with existing streets, in which case names
of existing streets shall b,e used.
(s) Street lights. Street lights shall be installed by
the subdivider at all street intersections within the
subdivision and in cul-de-sacs.
(t) Street signs. Street signs shall be installed by the
subdivider at all intersections within or abutting
the subdivision. Such signs shall be provided by the
City, and shall be installed in accordance with stand-
ards of the City with the cost charged to the developer."
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3. That Section 27-4 (B) (3) of Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to read as follows:
"(3) Sidewalks shall be required in all subdivisions,
Commercial or Residential, as set forth in the
following performance standards. Sidewalks shall
be installed prior to the issuance of a Certificate
of Occupancy for a building or residence constructed
upon a platted lot.
(a) Performance Standards
(1) On the subdivision side of all arterial
streets adjacent to the subdivision; and
(2) The Commission shall determine sidewalk
locations in all commercial, industrial,
public, and multi -family areas; and
(3) On both sides of all residential streets.
(4) Specifications for sidewalks: Sidewalks
shall be constructed in accordance with
specifications established therefor by the
City and on file with the Planning Depart-
ment."
4. That Section 27-4 (C) (2) (a) (1) (2) of Chapter 27, of the
Code of Ordinances of the City of Pearland, Texas, be and the
same is hereby amended to read as follows:
"(2) Lot dimensions shall be as follows:
(a) Residential lots served by a public sewer:
(1) Residential lots fronting on any City
street where served by the public sewer
shall comply with all regulations as set
forth in the Land Use and Urban Develop-
ment Ordinance of the City.
(2) Residential lots fronting on any City
cul-de-sac, where served by the public
sewer, shall have a minimum front width'
of not less than thirty-five (35) feet.
and shall meet all the regulations of
the Land Use and Urban Development
Ordinance of the City."
5. That Section 27-4 (C) of Chapter 27, of the Code of Ordinance
of the City of Pearland, Texas, be and the same is hereby amended
by adding a new section thereto to be numbered as (7), which new
section shall read as follows:
"(7) Development adjacent to flood plains. Land platted
in the flood plain shall comply with provisions of
Ordinance 372 of the City."
6. That Section 27-4 (D) of the Chapter 27 of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding a new section thereto to be numbered as
(5), which new section shall read as follows:
"(5) Where residential lots back upon oil or gas line
easements., industrial areas or other land uses which
may pose hazardous effect on the residential property,
a building setback may be required by the City. This
building setback line will be a minimum of 100 feet
unless the Developer can provide the City with informa-
tion showing that a lesser distance would provide the
same safety factor."
Section V
1. That Section 27-5 (A) of Chapter 27 of the Code of Ordinances
of the City of Pearland, Texas, be and the same is hereby amended
by adding new sections thereto to be numbered as (5) (6) and (7),
which new sections shall read as follows:
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"(5) Guarantee of Performance.
a) A certificate by the City Engineer stating that
the construction conforms to the specifications
and standards contained in or referred to herein
must be presented to the City Council prior to
final acceptance of the subdivision. Prior to
final acceptance by the City Council the subdivider
shall file with the City a bond, executed by a
surety company holding a license to do business
in the State of Texas, and acceptable to the City,
in an amount equal to 100 per cent of the cost of
the improvements required, as estimated by the
City Engineer, conditioned that the subdivider
will maintain such improvements in good condition
for a period to two (2) years after acceptance of
the subdivision. Such bond shall be approved as
to form and legality by the City Attorney. The
subdivider shall file with the City a complete
set of reproducible as -built drawings which in-
clude water, sewer, storm drainage, streets and
other public utilities.
b) The City Engineer shall inspect the construction of
the improvements while in progress, and he shall,
upon request of the developer's engineer, inspect
such improvements upon completion of construction.
After final inspection, he shall notify the City
Council in writing as to his findings. The City
Council may reject such construction only if it
fails to comply with the standards and specifica-
tions contained or referred to herein. If they
reject such construction, the City Attorney shall
proceed to enforce the guarantees provided in this
Ordinance.
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(6) There will be no participation by the City of Pearland
in the cost of any of the underground utility lines
within the subdivision except in the event of the
requirements for oversize lines to serve land areas
and improvements beyond the subdivision in question,
or to serve other subdivisions. Each installation of
this character in the terms and extent of City partici-
pation will be considered individually upon the merits
of each facility and the conditions involved. Trunk
lines of such systems to serve the subdivision under
consideration will be considered upon each facility's
individual merits for each subdivision. Off site,
along side, and oversize improvements will be subject
to participation only upon the City's agreement to
participate.
(7)
Street improvements, curb and gutter, storm sewer and
pavement: The subdivider of each tract of land will
be required to construct, at his own expense, those
improvements required to serve the land platted as
determined by the Commission. Such improvements may
include streets, pavement, curbs and gutters, storm
sewers and any other improvements, all as required
by the City Code of Ordinances and City Specifi-
cations. The subdivider shall install, construct
or reconstruct the same, all according to current
City of Pearland standards and specifications as
provided in such ordinances, and shall pay all costs
including engineering costs covering design, layout and
construction supervision by the City. The Commission
may require deposit of an escrow, with the City, of
an amount sufficient to pay for improvement of one
half of the street and all adjacent improvements.
Detailed construction plans, including plan and
profile for each street, shall be filed with the
submission of the final plat in the same number of
copies as required of the final subdivision plat,
and failure to supply the same shall be grounds for
a denial of the final plat. Streets shall be built
to the standards required for the classification
such street carries on the City's thoroughfare plan.
For medians required by the City for traffic separation
and extra traffic lanes required by the City for turn-
ing movements onto public streets, the City may
require, but shall not pay for, medians or extra- lanes
required to provide safe ingress or egress for the
subdivider's property."
2. That Section 27-5 (B) of Chapter 27 of the Code of Ordinances
of the City of Pearland, Texas, be and the same is hereby amended
to read as follows:
"(B) Minimum Standards: The minimum standards and specifi-
cations for improvements within a subdivision, including but not
limited to, storm drainage, street pavement, sidewalks, alley
payment, sanitary sewers and water lines, shall be those
minimum standards and specifications as determined and approved
by the City Council from time to time and on file in the office
of the Planning Department. Full compliance with said standards
and specifications in each subdivision shall be a prerequisite
for the final approval of a plat by the City.
Section VI
1. That Section 27-6 of Chapter 27 of the Code of Ordinances
-of the City of Pearland, Texas, be and the same is hereby amended
by adding a new section thereto to be lettered as (C), which new
section shall read as follows:
"(C) Where Subdivision is Unit of a Larger Tract: Where
the proposed subdivision constitutes a unit of a larger tract
owned by the subdivider, which is intended to be subsequently
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subdivided as additional units of the same subdivision, the pre-
liminary and final plats shall be accompanied by a conceptual
plan of the entire area."
Section VII
That Chapter 27 of the Code of Ordinances of the City of
Pearland, Texas, is hereby amended by adding a new section thereto
to be numbered Sec. 27-8, which section shall read as follows:
"Sec. 27-8 Adoption of Thoroughfare Plan
(a) A thoroughfare plan for the City of Pearland, Texas
is hereby adopted and placed on file in the office of the 'City
Secretary. Such plan bears the legend "Thoroughfare Plan of
the City of Pearland, Texas." Such plan shall be from time to
time updated and approved by ordinance of the City Council."
Section VIII
If any section, paragraph, clause, or sentence shall be
declared void or unenforceable or unconstitutional, it is hereby
declared the intention of the City Council of the City of
Pearland, Texas, that the remainder of such ordinance shall
remain in full, force and effect.
Section IX
It is the intention of the City Council, and it is hereby
ordained, that the provisions of this ordinance shall be made
part of the Code of Ordinances, City of Pearland, Texas, and
the sections of this ordinance may be renumbered to accomplish
such intention.
Section X
All provisions of the Code of Ordinances of the City of
Pearland, Texas, in conflict with amendments herein made are
hereby expressly repealed to the extent of such conflict.
Section XI
This Ordinance shall be effective on and after its passage,
approval, and adoption upon second and final reading.
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PASSED AND APPROVED ON FIRST READING this c'V day of
, A.D., 1981.
ATTEST:
MAYOR, CITY OF PEARLAND, TEXAS
PASSED AND APPROVED ON SECOND AND FINAL READING this .1-3
day of /7)41%1--c."-- A.D., 1981.
MAYOR, CITY OF PEARLAND, TEXAS
ATTEST:
ity Secretary
APPROVED AS TO FORM:
Cityj torney
VOTING RECORD: ORDINANCE Nag-AL.-
FAur READING: (Date)3
AYEI. COUNCILMEN
'47:-:-f)T'-D RE A.DING: (Date) .3-
AYI C DUNCILMEN
NOES.
Secretary
ORDINANCE NO. 458
AN ORDINANCE AMENDING CHAPTER 27, OF THE CODE OF ORDINANCES OF
THE CITY OF PEARLAND, TEXAS, BY ADDING AND DELETING SPECIFIC
SECTIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE; A SAVINGS
CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I
That subsection (b) of Section 27-6 of Chapter 27,
entitled "Large Tract Division:" of the Code of Ordinances of_the
City of Pearland, Texas, be and the same is hereby amended to
read as follows:
"Sec. 27-6. Exception.
"(b) Large Tract Residential Subdivisions: Where a parcel
is divided into larger tracts than standard minimum sized resi-
dential building lots, such parcels shall be so divided as to
allow for the opening of major thoroughfares and the ultimate
extension of adjacent minor streets. The City may vary the other
requirements of these regulations in such a manner as the general
welfare of such area may require to permit such large tracts.
Where such large tract subdivision is on the basis of Lots
5/8ths acres or larger, the subdivider may develop improvements
for storm --drainage, street pavement, sidewalks, alley pavement,
sanitary sewers, and water lines according to the minimum standards
and specifications for large lot subdivisions as determined and
approved by the City Council from time to time and on file in the
office of the planning department. Full compliance with said
large lot standards and specifications shall be a prerequisite
for the final approval of a plat by the City."
SECTION II
If any section, paragraph, clause, or sentence shall be
declared void or unenforceable or. unconstitutional, it is hereby
declared the intention of the City Council of the CITY OF PEARLAND,
TEXAS, that the remainder of such ordinance shall remain in full
force and effect.
SECTION III
It is the intention of the City Council, and it is
hereby ordained, that the provisions of this Ordinance shall be
made part of the Code of Ordinances, CITY OF PEARLAND,, TEXAS, and
the sections of this Ordinance may be renumbered to accomplish
such intention.
SECTION IV
All provisions of the Code of Ordinances of the CITY OF
PEARLAND, TEXAS, in ,conflict with amendments herein made are
hereby expressly repealed to the extent of such conflict.
SECTION V
This Ordinance shall be effective and in full force on
the tenth day after its publication in the official newspaper of
the CITY OF PEARLAND, TEXAS.
PASSED AND APPROVED ON FIRST READING this .A7 day of
, A.D. 1983.
i!!
ATTEST:
C�CITY SECRETAR
,sz,"
PASSED AND APPROVED ON SECOND AND FINAL READING this
// day of
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
, A.D. 1983.
MA.YOR,,CITY OF PEARLAND, TEXAS
AMENDED AND APPROVED BY
CITY COUNCIL ON 7/11/83
EXHIBIT A
CITY OF PEARLAND
DESIGN STANDARDS
FOR
STREET CONSTRUCTION
1.1 SCOPE: These standards are to be adhered to in the design of all
streets and roads within the City of Pearland or within the City's
Extraterritorial Jurisdiction. All streets within the City Limits
and/or Extraterritorial Jurisdiction shall be of reinforced portland
cement concrete construction with curbs designed in accordance with
current Portland Cement Association practices; shall be of the minimum
thicknesses and minimum widths specified in the following sections;
shall be constructed on a minimum of 6 inches of lime stabilized
subgrade and shall be drained by an adequately designed underground
storm sewer system.
1.2 MINIMUM SECTION FOR MAJOR THOROUGHFARE: Thoroughfares shall be de-
fined as through streets which carry an ADT of over 13,000 v.p.d.,
throughout a length of at lest 2 miles, or fit into an arterial
pattern and carry an ADT of over 8,000 v.p.d., or carry less 8,000
v.p.d. and are essential to the continuity of existing arterial
patterns of streets which 'are shown in the Comprehensive Plan as a
thoroughfare. Arterial streets shall have a minimum paved width
of 48 feet back-to-back of curb; and shallhave a R.O.W. width of
100 feet or more. The minimum pavement thickness for arterial
streets shall be 7 inches.
1.3 MINIMUM SECTIONS FOR PRIMARY COLLECTORS: Primary Collectors
shall be defined as through streets which carry an ADT of 8,000
to 13,000 v.p.d. throughout a length of at least 2 miles, or
fit into a collector pattern and carry an ADT of over 5,000 v.p.d.,
or carry less than 5,000 v.p.d., and are essential to the con-
tinuity of existing Primary Collector patterns as defined in the
-Comprehensive Plan. A Primary Collector shall also be placed
adjacent to, and/or within, all areas where the residential
density consists of 10 units or more per acre or adjacent to or
within all multi -family, business, commerical, or industrial
developments. ,Primary Collectors shall have a width of 41 feet
back-to-back of curbs and shall have a minimum R.O.W. width of
70 feet. The minimum undesigned pavement thickness for Primary
Collectors shall be 7 inches.
1.4 MINIMUM SECTIONS FOR SECONDARY COLLECTORS: Secondary Collectors
shall be defined as through streets which carry an ADT of 2,000
to 8,000 v.p.d. throughout a length of at least 1 mile or fit into
a collector pattern and carry an ADT of over 2,000 v.p.d., or
carry less than 2,000 v.p.d. and are essential to the continuity
of existing Secondary Collector patterns as defined in the
Comprehensive Plan. Secondary,Collectors shall have a width of
38 feet back-to-back of curb and shall have a minimum R.O.W. width
of 60 feet. The minimum undesigned pavement thickness for Secondary
Collectors shall be 6 inches.
(2)
1 5 MINIMUM SECTIONS FOR RESIDENTIAL STREETS IN STANDARD R-1, R-2,
and R-3 ZONES: RESIDENTIAL STREETS ETC: Residential Streets
shall be defined as non -through streets which carry an ADT of
less than 2,000 v.p.d. and are located in residential areas for the
sole purpose of going to and coming from one's home. Residential
Streets shall have a minimum width of 28 feet back of curb to back
of curb and shall have a minimum R.O.W. width of 50 feet. The min-
imum undesigned pavement thickness for Residential Streets shall
be 6 inches.
1.6 MINIMUM SECTIONS FOR RESIDENTIAL STREETS IN LARGE LOT SUBDIVISIONS:
Residential Streets in large lot subdivisions having lots which
measure a minimum of 125 feet in width at the R.O.W. line and have
an area of 5/8 (0.625) acres or more as provided for in Section 27-6 (b)
of the Subdivision Ordinance shall conform to the following design
standards:
1. A reinforced portland cement concrete pavement 25 feet in width
without curbs; a minimum of 6 inches in thickness increasing to
a minimum of 8 inches in thickness in the outer 4 feet of the
pavement width; constructed on a minimum of 6 inches of lime
stabilized subgrade; have a compacted: limestone shoulder 6 feet
in width and 8 inches in thickness and drained by an open ditch
section not less than 1.5 foot nor more than 3 feet in depth.
The slope from the outer edge of the limestone shoulder to the
bottom of the ditch shall be no steeper than 1 foot vertical to
(3)
3 feet horizontal; the bottom of the ditch shall be a
minimum of 2 feet in width; the slope from the bottom of
the ditch to natural ground shall not be steeper than 1 foot
vertical to 1.5 feet horizontal and there shall be a minimum
of 3 feet between the top of the bank and the property line.
The R.O.W. width shall be a minimum of 70 feet.
2. FLEXIBLE BASE PAVEMENT:
A flexible base pavement structure requirement in capacity to
a 6 inch reinforced concrete pavement designed by a Registered
Professional Engineer in accordance with the design procedures
or the T.D.H.P.T. The surface to be of 2 inch thick Hot Mix
Asphaltic Concrete, 24 feet in width; the base to be of crushed
limestone conforming to T.D.H.P.T. specifications with crown
width of 36 feet and a minimum thickness of 8 inches; subgrade
to be lime stabilized a minimum of 6 inches in depth for the
entire width of the subgrade crown and drained by an open ditch
not less than 1.5 feet nor more than 3 feet in depth. The
slope fromthe outer edge or the limestone shoulder to the bottom
of the ditch shall be no steeper than 1 foot vertical to 3 feet
horizontal; the bottom oPthe ditch shall be a minimum of 2 feet
in width; the slope from the bottom of the ditch to natural
ground shall not be steeper than 1 foot vertical to 1.5 feet
horizontal and there shall be a minimum of 3 feet between the
top of the bank and the property line. The R.O.W. width shall
be a minimum of 70 feet.
(4)
3. Roadway Ditches:
Open ditches to provide drainage for uncurbed pavements shall
be of the minimum and maximum sections described in Section 1.6 (1)
and 1.6 (2) above; shall be designed to provide the drainage
capacity imposed by a 25 year frequency storm at a non -erosive
velocity and meet or exceed the requirements contained in Exhibit
B City of-Pearland Design Standards for Storm Drainage Improvements.:
AMENDED AND APPROVED BY
CITY COUNCIL ON 7/ n/83
EXHIBIT B
CITY OF PEARLAND
DESIGN STANDARDS
FOR
STORM DRAINAGE IMPROVEMENTS
1.1 GENERAL: The design of storm drainage improvements in the City of
Pearland shall be based on one of the following methods:
a) For areas of 1000 acres or less: The design for areas less
than 1,000 acres shall be based on the Rational Formula.
The formula for calculating storm flows in this manner is
Q = CIA, where
Q is the storm flow in cubic feet per second at a given point
design.
C is a runoff coefficient which is the ratio of the maximum
rate of runoff to the average rate of rainfall.
I is the average intensity of rainfall in inches per hour for
the calculated time of concentration at the design point.
A is the drainage area in acres at the design point.
b) For areas of more than 1000 acres: The unit hydrograph
method shall be used in determining the design runoff for
watersheds greater than 1,000 acres. The unit hydrographs may
be determined by use of the Corps of Engineers computer pro-
gram HEC-1 with analysis of the channels to be completed using
the Corps of Engineers HEC-2 program. Copies of all computer
runs shall be submitted to the City of Pearland for review.
Background information may be taken from a Corps of Engineer's
report on any major channel for which a report has been published.
(1)
Two (2) copies of a map of the total area involved showing
individual drainage areas for each inlet, ditch, or point of design
shall be submitted with the preliminary plat or design. The area in
acres and volume of flow in CFS shall be indicated at each point of
design. Calculations showing percent runoff, time of concentration,
rainfall intensity, etc., shall be submitted for the approval of the
City Engineer.
1.2, QUANTITY OF STORM WATER: The quantity of storm water runoff shall be
determined for each inlet, bridge, culvert, or other designated design
point by using the following standards as applicable to the above
requirements:
1.2.1 Runoff Coefficient: The runoff coefficients to be used in calculating
the amount of drainage anticipated from each drainage area/s will be
varied according to the land use existing or proposed and will be as
follows:
a) Commercial areas and General Business 0.95
b) Neighborhood Service, Office and Professional
and Multi -family areas 0.90
c) Industrial areas M1 and M2 0.85
d) Residential areas
1) Lots 1.0 acre 0.55
2) Lots > 1.0 acre 0.40
e) Park areas 0.30
Composite runoff coefficients will be determined in direct proportion
when more than one land use exists' within a drainage area, i.e.
Planned Unit Development, Plan Approval.
1.2.2 Rainfall Intensity: Rainfall Intensity - Duration - Frequency curves
have been developed for 3, 25, 50, and 100 year frequency storms from
data contained in Attached Figure 1.' These curves as presented in
Figure 1 have been determined for durations of 10 minutes to 24 hours.
The intensity, 1, in the Rational Formula shall be determined from
the time of concentration and design storm frequency.
a) Time of Concentration: The time of concentration shall be
calculated for all inlets and pipe junctions in a proposed
storm sewer system or other points of analysis. The time of
concentration shall consist of inlet time and time of flow in
(2)
the sew - plus a 10 minute initial concr 4-ration time.
For drainage areas of one acre or less the time of concentration
need not be calculated and a storm duration of 10 minutes may
be used as the basis of design.
b) Storm Frequency: Storm frequencies for the storm drainage
improvements in the City of Pearland are as follows:
Design Storm Frequency
Type of Facility Design Frequency (years)
Road Side Ditches & Road Side Culverts 3 years
Storm Sewers 3 years
Culverts, Bridges and Channels 100 years
Creeks 100 years
Detention Ponds 100 years
1.2.3. Area: The area used in determining flows shall be calculated by
subdividing a map into drainage areas within the basin contributing
storm water runoff to the system.
1.3 STORM DRAINAGE DESIGN: Before the construction or reconstruction of
any street and before the construction of any building or other structure
on a site of three or more acres, an engineering investigation shall be
made to determine the necessity of on -site or off -site storm drainage
facilities to meet the requirements of this ordinance.
1.3.1. Surface Drainage on Streets: Storm drainage inlets shall be located
and designed so as to limit the depth of water at the face of curb on
any Class A street to five inches based on a 5-year frequency storm.
1.3.2. Surface Drainage on Private Property: 0n lots or tracts of three acres
or more or on all lots zoned other than single-family residential,
storm water runoff shall not be permitted to drain onto adjacent
property or streets except in existing creeks, channels, or storm sewers
provided easements for the creek, channel, or storm sewer have been
dedicated to the City of Pearland or the Brazoria County Drainage
District No. 4. In these instances where drainage is to State Highway
Department drains or ditches approval by the S.D.H.P.T. must be shown
on the plat or by permit/letter.
(3)
1.3.3. Storm Sewers: Storm water runoff in excess of that permitted to be
carried on the surface shall be collected and transported in a storm
sewer system. Such storm sewer systems shall be designed using
Manning's equation for pipe and channel capacity:
Q = A (1.486) (R)2/3 (s)1/2
Q = Discharge in cubic feet per second
n = Coefficient of roughness
A = Cross -sectional area of flow in square feet
R = Hydraulic Radius in feet
S = Slope of hydraulic gradient in feet per foot
The coefficient of roughness shall be determined as follows:.
Sever Type
Concrete Pipe
Corrugated Metal Pipe
Concrete Lined Channel
Earth Channel
0.013
0.021
0.015
0.045
Storm sewer pipes shall be designed so that the average velocity of
flow shall be not less than three (3) feet per second and not more
than fifteen (15) feet per second. The outfall shall in all cases be
properly protected. The minimum size of storm sewers placed in public
right-of-way shall be eighteen (18) inches in diameter or equivalent
cross -sectional area. Storm sewers used to drain private property shall
be no less than eight (8) inches in¢iameter. The connection between
the private system and the public system shall be no less than fifteen
(15) inches in diameter.
1.3.4. Open Channels: When the calculated pipe size for a storm sewer system
exceeds seventy-two (72) inches in diameter, storm water runoff may be
transported in open channels. Open channels may be fully lined, partially
lined or unlined. All unlined or partially lined challels shall be
bordered by an open space on both sides of the channel, a minimum width
of twenty-five (25) feet. Maximum earth slopes for unlined or partially
lines channels shall not exceed 2:1. Partially lined channels shall
consist of a concrete paved bottom and either earth slopes or concrete
lined slopes to a height not less than one foot above the design depth of
(4)
water. Fully lined channels shall consist of concrete lined bottom
and slopes extending at least one foot above the height of design
water depth. Maximum side slopes for fully lined channels shall be
1:1.
1.3.5 Bridges and Culverts: In addition to satisfying capacity requirements
resulting from the application of Manning's formula, bridges constructed
to provide crossings of streams and open channels shall have a clear
height of one foot above the calculated upstream water depth for the
design storm. The side slopes of the channel underneath the bridge
shall be protected with concrete riprap. Culverts shall be designed
using the Texas Highway Department design criteria. Culverts shall
have upstream and downstream slope protection in the form of headwalls
or wing walls.
1.3.6. Hydraulic Gradient: In storm drainage systems flowing full, all losses
of energy through resistance of flow in pipes must be accounted for by
the accumulative head losses along the system. These calculations
determine the hydraulic grade line along the storm drain system or the
water surface elevation which will exist at each structure.
The hydraulic grade line shall be established for all drainage
systems. In open channels, the water surface itself is the hydraulic
grade line. Calculation of the hydraulic grade line must be related
to the downstream water elevation for the particular design storm.
For the three year design storm the hydraulic grade line in a
storm sewer system shall remain below the gutter elevation of the street.
For open channels the hydraulic grade line shall be one (1) foot below
the lowest top of bank. Allowances must be made for future extentions
of the storm drainage system.
At each pointof discharge into a channel, the hydraulic grade line of
the channel shall be determined for the 100-year design storm. The
hydraulic grade line shall not be raised more than 6 inches due to the
increased flow caused by the proposed improvements; provided that the
water levels do not exceed the bank of the channel if the original level
was confined in the banks or does not cause damage to downstream
property.
(5)
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