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HomeMy WebLinkAboutOrdinance No. 62ORDINANCE NO. 62 An ordinance setting forth rules and regulations governing the platting, subdivision and development of land; providing for a method of procedure; providing for preliminary plats to be submitted; the information such plats must contain, the gen- eral requirements as to streets and alleys and rules and re- gulations for lots and blocks; providing for final plat to be submitted, and owner's dedication and engineer's certificate on and the acceptance thereof by the City and for such other areas as may be authorized by article 974a of Vernon's Revised Civil Statutes of the State of Texas, repealing all other or- dinances in conflict herewith; and providing a severability clause, penalty clause and an effective date. WHEREAS; the City Planning and Zoning Commission has recommend- ed that the following rules and regulations governing the platting and subdividing of land be adopted; and, WHEREAS: the City Council, after considering the recommendation of the City Planning and Zoning Commission has concluded that the following rules and regulations governing the platting and subdividing of land should be adopted; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS; RULES AND REGULATIONS GOVERNING THE PLATTING AND SUBDIVIDING OF LAND CITY OF THE COLONY, TEXAS SECTION 1 - DIVISION OF LAND TO BE UNDER SUPERVISION OF THE CITY SECTION 2 - WITHHOLDING IMPROVEMENTS SECTION 3 - DEFINITIONS SECTION 4 - PROCEDURES FOR SUBDIVISION SECTION 5 - ANNEXATION SECTION 6 - ZONING SECTION 7 - PRELIMINARY PLAT AND PLANS SECTION 8 - FINAL PLAT AND PLANS SECTION 9 - FILING OF PLAT SECTION 10 - SUBMITTALS REQUIRED FOR CONSTRUCTION SECTION 11 - SUBDIVISION CONSTRUCTION SECTION 12 - ACCEPTANCE OF THE SUBDIVISION SECTION 13 - AS -BUILT PLANS SECTION 14 - ISSUANCE OF BUILDING PERMITS SECTION 15 - GENERAL REQUIREMENTS SECTION 16 - FEES RULES AND REGULATIONS GOVERNING THE PLATTING AND SUBDIVIDING OF LAND CITY OF THE COLONY, TEXAS SECTION 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 Council and City Planning and Zoning Commission, and no other subdivision will be recognized or provided ser- vices 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 Planning and Zoning Commission 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 regu- lations governing plats and the subdivision of land are hereby extended to all of the area under the extra territorial juris- diction of the City, SECTION 2 - WITHHOLDING IMPROVEMENTS; It shall be the policy of the City to withhold all City improve- ments, 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 City Council. No improvements should be initiated, nor contracts executed until the approval of the City Council has been given. SECTION 3 - DEFINITIONS: "Subdivision" shall mean the division of any tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale or building development, expressly excluding development for agricultural purposes, and shall include resub- division. "Subdivision" shall also mean the division or re -division of an existing subdivision together with any change of lot size therein or with the relocation of any street. "City" shall mean the City of The Colony, The City's responsi- bility rests primarily with streets, curbs, gutters, alleys and streetlighting. "MUD" shall mean The Colony Municipal Utility District #1 of Denton County. The MUD's responsibility rests primarily with water, water distribution, sewers, storm sewers and drainage. "The Colony Planning and Zoning Commission" shall mean not only those members appointed by The Colony City Council, but also the duly authorized agents of The Colony Planning and Zoning Commission, such as Engineers, Inspectors, Planning Department, etc. SECTION 4 - PROCEDURES FOR SUBDIVISION In order to allow orderly processing of proposed subdivisions, the Procedures discussed in the following sections shall be - 2 - 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 and the City Council D. Approval of the final plat by the City Council 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 SECTION 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, when available, and be afforded zoning protection, the owner must petition the City for annexation through lawful annexation proceedings. SECTION 6 - ZONING If the property is not zoned as required for the proposed sub- division, permanent zoning shall be requested. Application for zoning includes completion of application forms, payment of re- quired 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. SECTION 7 - PRELIMINARY PLAT AND PLANS: The Developer shall submit a preliminary plat of the subdivision to the City Planning and Zoning Commission. Submittal shall include a letter of transmittal requesting review and the required filing fees. The purposes of the submittal is to allow the City Planning and Zoning Commission 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 - 3 - City an opportunity to make preliminary estimates of City par- ticipation in street and utility costs in the subdivision. The plat and plans shall be preparred as follows: A. The Preliminary Plat shall be drawn to a scale of 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 subdivision 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 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 dedi- cated 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 dimen- sions of proposed lots and all building lines. I. The location of proposed screening, if any, shall be clearly indicated. - 4 - J. The preliminary plans shall show contours of the tract in intervals of five feet or less, referred to sea level datum. K. The plans shall show existing sewers, water mains, cul- verts, or other underground structures within the tract and immediately adjacent thereto with pipe sizes and lo- cations indicated. L. The plans shall show preliminary water, sanitary sewer and storm sewer design. M. The plans shall show storm water retention basins as required. SECTION 8 - FINAL PLAT AND PLANS The Developer or his Engineer shall submit the final plat to the City Planning and Zoning Commission 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 re- corded streets intersecting the boundary of the tract. B. True bearings and distances to the nearest established street lines or official monuments, which shall be ac- curately 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. - 5 - 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 indi- cated thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the subdivision. G. Set -back 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 Civil En- gineer or Surveyor to the effect that the plat repre- sents 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, L, 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 lien holder of the land along with complete and accurate description of the land subdivided and the streets dedicated, M. Additional certificates to properly dedicate easements or rights -of way as may be necessary. - 6 - After review of the plat by the City Planning and Zoning Commis - Sion, the plat shall be submitted to the City Planning and Zoning Commission for their consideration. If approved, subject to changes, the Engineer for the Owner shall make all changes required. SECTION 9 - FILING OF PLAT: After approval of the final plat by the City Council and cor- rection of the plat as required, the Developer or his Engineer shall submit to the City 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 his Engineer 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, SECTION 10 - SUBMITTALS REQUIRED FOR CONSTRUCTION Prior to authorizing construction, the City Council 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 stamp of approval 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 con- ference to discuss the project prior to beginning work. E. A complete list of the Contractors, their representatives on the site, and telephone numbers where a responsible - 7 - party may be reached at all times, must be submitted to the City Manager, F. One reproducible print of the Utility Plan Sheet, scale 1" = 100' shall be submitted to the City in addition to previous submittal of construction plans. G. Prior to installation, Manufacturers' drawings for all fabricated appurtenances or special construction items shall be submitted to the City. SECTION 11 - SUBDIVISION CONSTRUCTION: The City Manager or his designated agent will approve all 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 with City approval, on the project at all times during construction. The Contruction Plans shall be prepared by or under the super- vision 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 M.U.D. as applicable. 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 or M.U.D. personnel as applicable. Completion of construction to the approved Plans and Standard Specifications of the City and M.U.D. is the entire responsibility of the Developer and the Contractors. The respon- sibility of the City Manager is to assure conformance to the ap- proved plans and specifications, 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 or M.U.D. Engineer, - 8 - SECTION 12 - ACCEPTANCE OF THE SUBDIVISION: After completion of all items required in the plans and specifi- cations, the Contractor shall submit to the City a bond in the amount of 10% of the contract amount guaranteeing workmanship and materials for a period of one year from the date of final acceptance by the City. The City Manager shall verify that all items have been completed, including filing of the plat and all related easements and documents. Payment of pro -rata fees for water and sewer services, etc. The City Manager or his designated agent shall conduct a final inspection of the pro- ject 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 and/or M.U.D. The Developer and his Contractors shall, however, be bound to the City and/ or M.U.D. for a period of one year to repair any defects in the improvements. SECTION 13 - AS -BUILT PLANS: Within thirty (30) days of acceptance of the subdivision, the Engineer for the Developer shall submit to the City a complete set of drawings of the drainage, water and sewer improvements showing all changes made in the plans during construction and containing on each sheet an "As -Built" stamp bearing the sig- nature of the Engineer and the date. In addition, one repro- ducible drawing of the utility plan sheets, containing the As - Built information shall be submitted. - 9 - SECTION 14 - ISSUANCE OF BUILDING PERMITS: Generally, building permits will not be issued until comple- tion of all improvements within the subdivision and acceptance by the City. The City Manager shall have the authority, after reviewing the progress of construction and other relevant matters, to release portions of the subdivision for building permits. SECTION 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 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 - 10 - 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, pro- visions shall be made for the extension of streets in accordance with the pattern of existing streets and thoroughfares.. Adequate local streets shall be pro- vided to accommodate the subdivision and provide ac- cess to lots. 4. In platting the subdivision, the Developer shall pro- vide 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, 5. Streets and alleys shall be platted and constructed in accordance with the Master Throughfare Plan or other plans approved by the City Council, C. 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 street lights required, if any, in the subdivision as deter- mined 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. Miscellaneous 1. The Developer shall provide street signs for the sub- division as required by the City, SECTION 16 - FEES A. Preliminary Plat - $50.00 plus $2.00 per lot. B. Final Plat - $100.00 plus $3.00 per lot. C. Replat - $100.00 plus $3.00 per lot. SECTION 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, sen- tences, 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 un- constitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance. SECTION 18 - PENALTY Any person or corporation who shall violate any of the provi- sions 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 mis- demeanor and shall be liable to a fine of not more than two hundred ($200.00) dollars, and each day of such violation shall constitute a separate offense. SECTION 19 - EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. THIS ORDINANCE WAS READ IN AN OPEN MEETING OF THE CITY COUNCIL ON THE (9 DAY OF , 1979. - 12 - THIS ORDINANCE WAS DULY PASSED ON SECOND READING ON THE DAY OF 1979. APPROVED: OR ATTEST: APPROVED AS TO LEGALITY OF THE FORM: CITY ATTORNEY fVJ