HomeMy WebLinkAboutOrdinance No. 99-1132 ORI61NAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE SUBDIVISION
ORDINANCE OF THE CITY, THE SAME BEING APPENDIX. B - SUBDIVISION, OF THE
CITY'S CODE OF ORDINANCES, AS AMENDED, BY PROVIDING THAT THE PLANNING
AND ZONING COMMISSION SHALL BE THE SOLE AUTHORITY TO APPROVE OR
DISAPPROVE PRELIMINARY AND FINAL PLATS; CLARIFYING THE PROCEDURES FOR
THE SUBMITTAL AND REVIEW OF PRELIMINARY AND FINAL PLATS; AMENDING THE
MAINTENANCE BOND REQUIREMENTS UPON APPROVAL OF PUBLIC
IMPROVEMENTS WITHIN A SUBDIVISION; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of The Colony desires to accelerate the processing and final
approval of plats; and
WHEREAS, Section 212.006 of the Texas Local Government Code provides for the
City Planning and Zoning Commission to serve as the municipal authority responsible
for approving plats; and
WHEREAS, The proposed amendment will serve to protect the health, safety and
welfare of the citizens of The Colony; and
WHEREAS, the Planning and Zoning Commission held a public hearing and
considered the proposed amendment at its regular meeting held on July 13, 1999 and
made recommendations to the City Council for amending Appendix "B", Subdivision;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section I. Incorporation of premises. The above and foregoing premises are true
and correct and are incorporated herein and made a part hereof for all purposes.
Section II. That the following sections of the City's Subdivision Ordinance, the same
being Appendix "B"-Subdivision of the Code of ordinances of the City, are hereby
amended as follows, all other chapters, sections, subsections, paragraphs,
sentences, phrases and words of the said Subdivision Ordinance and Code are not
amended but are hereby ratified, verified, approved, and affirmed:
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Sec 1. Division of land to be under supervision of the City.
All land within the jurisdiction of the City not heretofore subdivided
according to the laws, rules and regulations of the City of The Colony
and the State of Texas into lots, blocks, and streets shall hereafter be
laid out under the direction of the City Planning and Zoning Commission,
and no other subdivision will be recognized or provided services by the
City.
No officer or employee of the City shall do or cause to be done any work
upon any street or in any addition or subdivision of the City unless all
requirements of these regulations have been complied with by the
owner of said addition or subdivision.
The subdivider may avail himself of the advise and assistance of the
Planning and Zoning Commission and consult early and informally with
the City Planning and Development Department before the preparation
of the preliminary plat and before formal application, in order to save
time and expedite the planning work necessary.
The provisions of this ordinance establishing rules and regulations
governing plats and the subdivision of land are hereby extended to all of
the area under the extra territorial jurisdiction of the City.
Sec 2. Withholding improvements.
It shall be the policy of the City to withhold all City improvements,
including the maintenance of streets and the furnishing of sewage
facilities and water service, from all additions, the platting of which has
not been officially approved by the Planning and Zoning Commission.
No improvements should be initiated, nor contracts executed until the
approval of the Planning and Zoning Commission has been given.
Sec 3. Definitions.
"Subdivision" shall mean the division of any tract or parcel of land into
two (2) or more lots for the purpose, whether immediate or future, of sale
or building development, expressly excluding development for
agricultural purposes. "Subdivision" shall also include replat of an
existing subdivision together with any change of lot size therein or with
the relocation of any street.
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"City" shall mean the City of The Colony, Denton County, Texas.
"The Colony Planning and Zoning Commission" shall mean those
members appointed by The Colony City Council
"City Council" shall mean the City Council of the City of The Colony,
Denton County, Texas.
"Local Government Code" shall mean the Vernon's Texas Codes
Annotated Local Government Code.
"Plat" shall mean a map, generally of a subdivision, showing the
location, boundaries and ownership of individual properties. Includes a
replat.
Sec 4. Procedures for subdivision.
In order to allow orderly processing of proposed subdivisions, the
procedures discussed in the following sections shall be used. In general,
the steps necessary for subdivision include:
(a) Annexation by the City Council.
(b) Zoning by the Planning and Zoning Commission and the City Council.
(c) Approval of preliminary plat by the planning and zoning commission.
(d) Approval of the final plat by the Planning and Zoning Commission.
(e) Approval of the final plans by the City Council.
(f) Filing of approved plat with the Denton County Clerk and recording of
all executed easements, dedications and other documents required to
be filed on record.
(g) Completion of construction and acceptance of all improvements by
the City.
Sec 5. Annexation.
If the property is not within the City limits of The Colony and the owner
desires that it be annexed so as to be qualified to receive City services,
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when available, and be afforded zoning protection, the owner must
petition the City for annexation through lawful annexation proceedings.
Sec 6. Zoning.
If the property is not zoned as required for the proposed subdivision,
permanent zoning shall be requested. Application for zoning includes
completion of application forms, payment of required fees, and
performance of other requirements of the zoning ordinance and the
rules and regulations of the City, as the same may be, from time to time,
passed or amended.
Sec 7, Preliminary plat.
The developer shall submit a preliminary plat of the subdivision to the
City Planning and Development Department. Submittal shall include a
letter of transmittal requesting review and the required filing fees.
The purpose of the submittal is to allow the City Planning and
Development Department to review overall platting of the tract and street
patterns within the subdivision for conformance with the requirements of
the City and master plan. It also provides the City an opportunity to
make preliminary estimates of City participation in street and utility costs
in the subdivision. The plat shall be prepared as follows:
(a) The preliminary plat shall be drawn to a scale of one inch equals
four hundred feet (1" = 400') or larger.
(b) It shall contain the name of the proposed subdivision, the name
and address of the subdivider and the engineer or surveyor responsible
for the design or survey, the tract designation, and other descriptions
according to the abstract and survey records of Denton County, Texas.
(c) 'It shall also contain a north point, scale, and date.
(d) The boundary line of tract, accurate in scale, shall be drawn.
(e) It shall show the names of adjacent subdivisions or names of
owners of record of adjoining parcels, the location, widths, and names of
all existing or platted streets, easements, or other public ways within or
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adjacent to the tract, existing railroad rights-of-way and other important
features such as section lines, political subdivision or corporation limits
and school district boundaries.
(f) It shall show all parcels of land intended to be dedicated for public
use or reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose or conditions of
limitations of such reservation.
(g) It shall show the layout, names, and width of proposed streets,
alleys, and easements.
(h) It shall show the layout, numbers, and approximate dimensions of
proposed lots and all building lines.
(i) The location of proposed screening, if any, shall be clearly
indicated.
(j) The preliminary plat shall show contours of the tract in intervals of
five (5) feet or less, referred to sea level datum.
(k) The plat shall show existing sanitary sewers, water mains, culverts,
fire hydrants and other underground facilities and structures within the
tract and immediately adjacent thereto with pipe sizes and locations
indicated.
(I) The plat shall show preliminary water, sanitary sewer and storm
sewer design.
(m) The plat shall show storm water retention / detention basins as
required.
The Planning and Zoning Commission shall take action on the plat
within thirty (30) days, following the filing of the preliminary plat, in
accordance with Section 212.009 of the Texas Local Government Code,
as amended. This deadline may be extended if the applicant requests or
consents in writing to the extension to act upon the plat. If the plat meets
all the requirements of the City's Code of Ordinances, rules, regulations,
and state law the Planning and Zoning Commission shall approve the
plat. If the plat does not meet the requirements of the City's Code of
Ordinances, rules, regulations, and state law the Planning and Zoning
Commission shall disapprove the plat, unless the applicant agrees,
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at the meeting at which action is to be taken, to correct or remedy the
deficiency on which the disapproval may be based in the submission of
the plat. In such event, the preliminary plat may be approved subject to
the correction or remedying of such deficiency.
Sec 8. Final plat.
The developer or surveyor shall submit the final plat to the City Planning
and Development Department for review. Submittal shall include a letter
or transmittal requesting review and payment of the required filing fees.
The final plat shall contain the following:
(a) The boundary lines with accurate distances and bearings and the
exact location and width of all existing or recorded streets intersecting
the boundary of the tract.
(b) True bearings and distances to the nearest established street lines
or official monuments, which shall be accurately described on the plat;
municipal, township, county, or section lines accurately tied to the lines
of the subdivision by distances and bearings.
(c) An accurate location of the subdivision with reference to the
abstract and survey records of Denton County.
(d) The exact layout including:
(1) Street names.
(2) The lengths of all arcs, radii, internal angles, points of
curvatures, length, and bearing of the tangents.
(3) All easements for rights-of-way provided for public services or
utilities and any limitations of the easements.
(4) All lot numbers and lines with accurate dimensions in feet and
'hundredths of feet and with bearings and angles to street and alley
lines.
(e) The accurate location, material, and approximate size of all
monuments.
(f) The accurate outline of all property which is offered for dedication
for public use with the purpose indicated thereon,
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and all property that may be reserved by deed covenant for the common
use of the property owners in the subdivision.
(g) Setback building lines.
(h) Proposed name of the subdivision.
(i) Name and address of the subdivider.
(j) North point, scale, and date.
(k) Certification by a registered professional land surveyor to the
effect that the plat represents a survey made by him and that all the
monuments shown thereon actually exist, and that their location, size
and material description are shown correctly.
(I) A certificate of ownership and dedication of all streets, alleys, parks
and playgrounds to public use forever, signed and acknowledged before
a notary public by the owner and lienholder of the land along with
complete and accurate description of the land subdivided and the
streets dedicated.
(m) Additional legal instruments to properly dedicate easements or
rights-of-way as may be necessary.
The Planning and Zoning Commission shall take action on the plat
within thirty (30) days, following the filing of the final plat, in accordance
with Section 212.009 of the Texas Local Government Code, as
amended. This deadline may be extended if the applicant requests or
consents in writing to the extension to act upon the plat. If the plat meets
all the requirements of the City's Code of Ordinances, rules, regulations,
and state law the Planning and Zoning Commission shall approve the
plat. If the plat does not meet the requirements of the City Code of
Ordinances the Planning and Zoning Commission shall disapprove the
plat, unless the applicant agrees, at the meeting at which action is to be
taken, to correct or remedy the deficiency on which the disapproval may
be based in the submission of the plat. In such event, the final plat may
be approved subject to the correction or remedying of such deficiency.
A minor plat may be approved by the city manager, or his designee,
providing that the plat involves four (4) or fewer lots fronting on an
existing street and not requiring the creation of any new streets or
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the extension of municipal facilities, including, but not limited to, water
and sanitary sewer lines, street widening, and Right-Of-Way dedication.
The designated employee may, for any reason, elect to present the plat
to the planning and zoning commission for approval. The employee shall
not disapprove the plat and shall be required to refer any plat which the
employee refuses to approve to the planning and zoning commission
and the City Council within the time period specified in Section 212.009
of the Local Government Code.
Sec 9. Filing of plat.
After approval of the final plat by the Planning and Zoning Commission
and correction of the plat as required, the developer or surveyor shall
submit to the City Planning and Development Department the required
number of copies for filing with the county clerk. These copies shall bear
all signatures but those of the City officials. After signature by these City
officials, the developer or surveyor must complete the filing process and
return the required number of filed copies to the City. Said copies all
show the volume and page of the map and plat records into which the
plat was filed by the county clerk.
Sec 10. Submittals required for construction.
Prior to authorizing construction, the City Engineer shall be satisfied that
the following conditions have been met:
(a) The final plat shall be completed to the requirements of the City at
the time of apProval.
(b) All required contract documents shall be completed and filed with
the City.
(c) 'All contractors participating in the construction shall be presented
with a set of approved plans bearing the "release for construction" stamp
of the City. These plans shall remain on the job site at all times.
(d) If required by the City, all parties participating in the construction
shall meet for a preconstruction conference to discuss the project prior
to beginning work.
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(e) 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 engineer.
(f) Prior to installation, manufacturers' drawings for all fabricated
appurtenances or special construction items shall be submitted to the
City.
Sec 11. Subdivision construction.
The city engineer will approve plans and return sufficient approved sets
of the plans to the engineer for the owner for use by the contractors.
Each contractor shall maintain one set of the plans, stamped "release
for construction" with City approval, on the project at all times during
construction.
The construction plans shall be prepared by or under the supervision of
a registered professional engineer, in the State of Texas and shall bear
his seal on each sheet;
The plans shall contain all necessary information for construction of the
project, permitting all material specified shall conform to the standard
specifications of the City.
Each sheet of the plans shall contain a title block including a space for
the notation of revisions. This space is to be completed with each
revision to the plan sheet and shall clearly note the nature of the revision
and the date the revision was made.
Construction shall be supervised by the City personnel as applicable.
Completion of construction to the approved plans and standard
specifications of the City is the entire responsibility of the developer and
the contractors. The responsibility of the city engineer is to assure
conformance to the approved plans and specifications, in accordance
with the City Engineerinq Design Manual, as amended from time to time.
Any change in design required during construction shall be made by the
engineer whose seal and signature are shown on the plans and shall be
approved by the city engineer.
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Sec 12. Acceptance of the subdivision.
After completion of all items required in the plans and specifications, the
contractor shall submit to the City a bond in the amount of fifty thousand
U.S. dollars ($50,000) or ten (10) percent of the contract, whichever is
greater, but not to exceed one hundred (100) percent of the contract
amount guaranteeing workmanship and materials for a period of two
years from the date of final acceptance by the City. The city manager or
his designated agent shall verify that all 'items have been completed,
including filing of the plat and all related easements and documents. The
city manager or his designated agent shall conduct a final inspection of
the project and, if all work is found to be acceptable, shall issue a letter
of acceptance. Any items of exception noted in the acceptance letter
shall be immediately satisfied.
All necessary easements or dedications not shown on the final plat must
be completed, properly signed, and filed with the county clerk. The
original of the filed documents, bearing the stamp of the county clerk,
shall be returned to the City.
Acceptance of the subdivision shall mean that the title to all
improvements is vested in the City. The developer and his contractors
shallbe bound to the City for a period of two years to repair any defects
in the improvements.
Sec 13. Record drawings.
Prior to acceptance of the subdivision, the engineer for the developer
shall submit to the City a complete set of record drawings of the
drainage, water and sanitary sewer improvements showing all changes
made in the plans during construction and containing on each sheet a
"record drawing" stamp bearing the signature of the engineer and the
date. In addition, one (1) reproducible set of plan sheets, four (4) blue
line.sets, and the CADD files, if available in an electronic format,
containing the record information, shall be submitted.
Sec 14. Issuance of building permits.
Generally, building permits will not be issued until completion of all
improvements within the subdivision and acceptance by the City. The
building official shall have the authority,
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after reviewing the progress of construction and other relevant matters,
to release portions of the subdivision for building permits.
Sec 15. General requirements.
(a) Blocks. Block lengths and widths shall be determined with due
regard to:
(1) Provision of sites suitable to the class of use contemplated.
(2) Limitations and opportunities of topography.
(3) Pedestrian and vehicular circulation within the subdivision,
control and safety of street traffic.
(4) Convenience of access to community facilities serving the
neighborhood in which the subdivision is located.
(b) Streets and alleys.
(1) Streets and alleys generally shall not exceed one thousand two
hundred (1,200) feet in length.
(2) Cul-de-sacs, courts or places may be permitted where the
subdivision design or the shape of the property makes such street
design appropriate. Cul-de-sacs, courts or places shall provide
proper access to all lots and shall generally not exceed six hundred
(600) feet in length and a turn-around shall be provided at the
closed end which has a minimum right-of-way radius of fifty (50)
feet except where an equally safe and convenient form of paved
space is approved by the City Council in place of a turning circle,
such approved space may be installed as agreed upon.
(3) Unless otherwise approved by the City Council, provisions shall
be made for the extension of streets in accordance with the pattern
of existing streets and thorough fares. Adequate lot streets shall be
provided to accommodate these subdivision and provide access to
lots.
4) In platting the subdivision, the developer shall provide
additional right-of-way required for existing or future streets as
shown in the master thoroughfare plan or other plans approved by
the City Council.
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(5) Streets and alleys shall be platted and constructed in
accordance with the master thoroughfare plan or other plans
approved by the City Council.
Utilities.
(1) The developer shall furnish all easements and right-of-way
necessary for construction of electrical, gas, cable, and telephone
service to the subdivision.
(2) The developer shall pay for the number of streetlights required,
if any, in the subdivision as determined by the City. After
acceptance of the subdivision, service charges for electricity will be
paid by the City.
(3) The developer shall be responsible for all damage to
improvements caused by installation of utilities.
(d) Misceflaneous. The developer shall provide street signs for the
subdivision as required by the City.
Sec 16.0 Fees.
Fees charged for preliminary and final plats and replats shall be in
accordance with a schedule of fees as approved by the City Council
and amended from time to time.
Sec 16.5. Variance.
The planning and zoning commission may consider a request for a
variance from the subdivision ordinance of the City of The Colony and
forward a recommendation to the City Council for its review. The
decision of the City Council on a request for a variance shall be final. In
considering a variance request the planning and zoning commission and
the City Council shall consider whether or not the evidence presented in
each specific case is sufficient to show that:
(a) The granting of the variance will not be detrimental to the public
safety, health, or welfare or injurious to other property;
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(b) The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property;
(c) Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere
inconvenience, if the strict compliance with the subdivision ordinance is
required;
(d) The special or peculiar conditions upon which the request is based
did not result from or were not created by the act or omission of the
owner or any prior owner, subsequent to the date of creation of the
requirement from which the variance is sought.
(e) Fees: Applicants requesting a variance from the subdivision
ordinance shall file an application with the planning department. Fees
charged shall be in accordance with a schedule of fees as adopted by
the City Council and amended from time to time.
Sec 17. Severability clause.
It is hereby declared to be the intention of the City Council of the City of
The Colony that the sections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance should be declared
unconstitutional, such unconstitutionality or invalidity shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of
this ordinance.
Sec 18. Penalty.
Any person or corporation who shall violate any of the provisions of this
ordinance or fail to comply therewith or with any of the requirements
thereof, or who shall build or alter any building or use in violation of any
detailed statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more than
five hundred dollars ($500.00), and each day of such violation shall
constitute a separate offense.
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Section III. Severability. The sections, paragraphs, sentences, phrases, clauses, and
words of this Ordinance are severable, and if any section, paragraph, sentence,
phrase, clause , or word in this Ordinance or application thereof to any person or
circumstance is held invalid or unconstitutional by a Court of competent jurisdiction,
such holding shall not affect the validity of the remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
Section IV. Effective date. This Ordinance shall become effective from and after its
date of adoption and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
the~/O dayof ,Z~,/~/,5~- ,1999.
Mayor, City of The Colony, Texa~::~.
City Secretary,
City of The Colony, Texas
APPROVED AS TO FORM:
City A-X'~orney,
City of The Colony, Texas
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