HomeMy WebLinkAboutOrdinance No. 07-1725
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07-J1t6
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, BY AMENDING
APPENDIX B, SUBDIVISION, BY REPEALING SECTIONS 7, 8, AND 11
AND REPLACING WITH NEW SECTIONS 7, 8, AND 11 PROVIDING
FOR PRELIMINARY PLAT, FINAL PLAT, AND SUBDIVISION
CONSTRUCTION REGULATIONS; BY AMENDING SECTION 13 TO
PROVIDE FOR ELECTRONIC VERSIONS OF FILES; BY AMENDING
SECTION 15 TO PROVIDE FOR ADDITIONAL CRITERIA
APPLICABLE TO SH 121 AND FM 423, TO INCORPORATE THE
PROVISIONS OF THE COLONY ENGINEERING DESIGN MANUAL,
AND BY REPEALING SUBSECTION (f) IN ITS ENTIRETY AND
REPLACING WITH A NEW SUBSECTION (f) TO PROVIDE FOR
STREET LIGHTING; BY AMENDING SECTION 9 TO PROVIDE FOR
COPIES OF THE FINAL PLAT AND COMPLETED CONTRACT WITH
BONDS; BY REPEALING SECTION 10(b) IN ITS ENTIRETY AND
REPLACING WITH A NEW 10(b) TO PROVIDE FOR CONSTRUCTION
CONTRACTS FOR MUNICIPAL INFRASTRUCTURE
IMPROVEMENTS NAMING CITY AS THIRD PARTY BENEFICIARY
AND PERFORMANCE AND PAYMENT BONDS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Appendix B of the Code of Ordinances provides regulations for subdivision of
land within the City of The Colony; and
WHEREAS, after review of the provisions contained in Appendix B, the staff feels that
certain sections should be amended and updated to provide additional regulations and clarification;
and
WHEREAS, upon consideration, the City Council finds that it would be in the best interest
of the City to amend Appendix B of the Code of Ordinances by amending certain sections as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That Appendix B of the Code of Ordinances by repealing Sections 7,8 and
11 and replacing with new Sections 7, 8 and 11, providing for preliminary plat and final plat
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regulations, providing for grading plan and permit, providing for the submission of a completed
construction plan checklist; by amending Section 13 to provide for electronic versions of files;
by amending Section 15 to provide for additional criteria applicable to SH 121 and FM 423, to
incorporate the provisions of The Colony Engineering Design Manual, and by repealing
subsection (f) in its entirety and replacing with a new subsection (f) to provide for street lighting
and, by amending Section 9 to provide for copies of the final plat and completed contract with
bonds and by repealing section 1 O(b) in its entirety and replacing with a new 1 O(b) to provide for
construction contracts for municipal infrastructure improvements naming city as third party
beneficiary and performance and payment bonds, which shall read as follows:
"APPENDIX B
SUBDIVISION*
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. (1" = 200 or larger preferable).
(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 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.
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(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 setback lines.
(i) The location of proposed screening, if any, shall be clearly indicated.
U) The preliminary plat shall show contours of the tract in intervals of two (2) feet or
less referenced to Texas State Plane, North Central Zone NAD 83.
(k) The plat shall show existing sanitary sewers, water mains, culverts, storm drains, fire
hydrants and other underground facilities and structures on or adjacent to the property
being developed with pipe sizes and locations indicated.
(1) The plat shall show preliminary layout of water, sanitary sewer, fire hydrants,
culverts, and storm sewer design on or adjacent to the property being developed.
(m)The plat shall show storm water retention/detention basins as required.
(n) Show and label all existing and proposed mutual access easements with adjacent
properties.
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 V.T.C.A., Local Government
Code S 212.009, 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, 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:
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(a) The property lines with accurate distances and bearings, point of commencing, point
of beginning, property corners (labeled found or set), basis of bearing, 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 and right-of-way widths.
(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, franchise
utilities and any limitations of the easements. Easement dedications should be
shown with dashed lines.
(4) All lot and block numbers and lines with accurate dimensions in feet and
hundredths of feet and with bearings and angles to street and alley lines.
(5) Sight distance easements for alley intersection with streets.
(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, 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 and lot lines.
(h) Proposed name of the subdivision. The subdivision name needs to be acceptable and
assigned by the planning commission.
(i) Name and address of the owner and abutting property owner and recording
information.
U) North point, scale, and date.
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(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, all to
be placed on final mylar.
(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 lienholder of the land along with complete and accurate description of the land
subdivided and the streets dedicated, all to be placed on final mylar.
(m)Additionallegal instruments to properly dedicate easements or rights-of-way as may
be necessary.
(n) Street and alley dedication within plat limits.
( 0) Curve data.
(p) Corner clips at street intersections where required.
(q) For Floodways and Floodplains (FEMA), show the ultimate 100-year surface
elevation, floodplain and floodway boundaries, and drainage floodway easements
limits. For the floodway easement limits, the drainage easement should be 10 feet
outside the floodplain. The minimum fill and floor elevations must be specified.
(r) Utility and drainage information for water, wastewater, and storm sewer.
(s) Abstract, County, and City limit lines including names.
(t) North to top or right of sheet.
The planning and zoning commission shall take action on the phit within thirty (30) days,
following the filing of the final plat, in accordance with V.T.C.A., Local Government Code S
212.009, as amended. This deadline may be extended if the applicant files in writing a waiver
and agrees 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 the extension of municipal facilities, including, but not limited to, water and
sanitary sewer lines, street widening, and right-of-way dedication.
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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 V.T.C.A., Local Government
Code S 212.009.
Sec. 9. Filing of plat.
After . . . number of copies of the final plat for filing with the county clerk and a
completed contract with bonds. These copies. . . . .
Sec. 10. Submittals required for construction.
(b) All required construction contracts for municipal infrastructure improvements naming
the city as a third party beneficiary and accompanied by performance and payment
bonds.
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 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 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. A checklist for the necessary information to be
included on the construction plans is provided in the City of The Colony Engineering Design
Manual. The plans must be submitted with a copy of the completed construction plan checklist.
If the completed construction plan checklist is not submitted with the construction plans, the
plans will be returned without review.
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 after the initial city
approval and shall clearly note the nature of the revision and the date the revision was made.
Construction shall be monitored by 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's
Engineering Design Manual, as amended from time to time. Any change in design required
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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.
Grading plans may be approved prior to approval of final engineering plans. Grading
plans shall be prepared by an engineer licensed to practice in Texas and shall meet the
requirements specified in the Engineering Design Manual. Such planes) shall be an exact scaled
engineering drawing with horizontal and vertical control with the following information:
(a) Property boundaries with address and lot and block with subdjvision name or tract
with legal description;
(b) Easements and rights-of-way on and adjacent to the property;
(c) Adjacent street names;
(d) Existing and proposed contours at I-foot intervals;
(e) Existing structures and utilities located above and below the ground surface that
are on and adjacent to the property;
(f) North arrow, scale, date, and date of topographic survey;
(g) Drainage area map with existing and proposed drainage structures with complete
details and specifications;
(h) Limits ofFEMA and ultimate flood plains with elevations;
(i) Erosion control measures to be used during construction and permanent measures
for post construction;
(j) Specify the total cubic yards to be cut and total cubic yards to be filled; and
(k) Location map.
Grading plan approval shall be requested in writing with the plans and shall include
grading permit application, storm water pollution prevention plan, grading inspection fee, and
tree survey. Upon completion of the work the engineer shall submit record drawings based on an
actual ground survey. Platted single family lots that contain an existing occupied residence with
an where less than one-acre will be disturbed with the grading shall not be required to obtain
approval to grade or fill areas that are outside easements or flood plains, except as may be
otherwise required under the Code of Ordinances.
Construction and grading plan approval shall be effective for 12-months. If after 12-
months construction has not commenced, the plans must be re-submitted for approval.
Construction and grading must be completed within 24-months of commencing construction. In
no case shall plan approval be effective for more than 36-months.
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Sec. 12. Acceptance of the subdivision.
Sec. 13. Record drawings.
. . . In addition, one (1) reproducible set of paper plan sheets, 1 mylar set, and a Compact
Disc containing an electronic version of the files in TIFF format shall be submitted.
Sec. 14. Issuance of building permits.
Sec. 15. General requirements.
(e) ... SH 121 and FM 423 and other major roadways within the City as defined by the
City of The Colony Engineering Design Manual.
1. Access criteria. Driveway access to SH 121, FM 423, and other major roadways
shall be governed by the following criteria:
1.
11. ... fronting SH 121, FM 423 or other major roadways unless the requirement. . .
v. Any additional access criteria for SH 121, FM 423 or other major roadways
contained in The City of The Colony Engineering Design Manual.
2. . this section and The City of The Colony Engineering Design Manual the
following standards apply:
1. ... hour use; Traffic Impact Analysis guidelines are outlined in The City of The
Colony Engineering Design Manual.
iv. The driveway shall be required to be located and designed. . .
3. Separation of driveways.
(i) . . . . .right-of-way line. Driveway separation requirements are specified in The
City of The Colony Engineering Design Manual.
4. Corner clearance standards. ... adopted in The City of The Colony Engineering
Design Manual. In interpreting and applying the standards, the following shall apply:
(iii) . . . SH 121 and FM 423 and other major roadways are as outlined in The City of
The Colony Engineering Design Manual.
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(f) Street lighting.
(i) Basic policy: It is the policy of the city that adequate streetlights be installed in
all new subdivision developments. Street lighting shall be installed and paid for
by the developer, including materials and labor. The requirements and standards
for street lighting are as adopted in The City of The Colony Engineering Design
Manual. Street lighting material and design shall be approved by the city
engmeer.
(ii) Costs: The developer shall be responsible for all engineering and plan
preparation costs required for the installation of streetlights according to the
city's "Engineering Design Manual-Standard Specifications for Street
Lighting," as amended from time to time. Streetlight plans shall be submitted to
the city engineer at the same time civil engineering plans are submitted for city
approval.
Sec. 16. Fees.
"
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances 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; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd day of July 2007.
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