HomeMy WebLinkAboutORD 1212 Adopting Rules and Regulations for the Subdivision of Land
u
OJ
~iOJtl15
ORDINANCE NUMBER 121Z
SUBDIVISION ORDINANCE'
, '
AN ORDINANCE ADOPTING RULES AND REGULATIONS
GOVERNING APPLI,CATION FOR THE SUBDIVISION OF
LAND IN THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; REQUIRING PLATS TO CONFORM TO THE
PROVISIONS HEREOF IN ORDER TO PROCURE APPROVAL
OF THE ZONING AND PLANNING COMMISSION; PROVIDING
A PENALTY; AND REPEALING ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS~
Section 1. PURPOSE. The purpose of this ordinance is
to provide for the orderly, safe, and healthful land development within
the City of West University Place hereinafter referred to as the IICityll
and to promote the health, safety, and general welfare of the community.
A. Authoritv.The Zoning and Planning Commission, hereafter
referred to as the IICommissionll, shall have the authority and responsibility
for the approval of all subdivision applications within the City of West
University Place in accordance with Article 974(a), V.A.T.S., as amended,
of the State of Texas and the provisions of this ordinance which is adopted
under the exercise of the police power granted to municipalities.
B. Applicability. All property proposed for subdivision within
the City shall hereafter be laid out in accordance with ,this Ordinance'for ap-
proval by the Commission, and no other subdivision will be recognized by the City.
Prior to the proposed plat being considered by the Commission, the Director of
Public Works and Director of Public Safety will review the plat and make
written recommendations to the Commission on said subdivision request.
Section 2. DEFINITIONS.
A. Subdivision: Subdivision means the division of a lot or tract
of land into two or more lots, sites or other divisions of the land for the
purpose, whether immediate or future, of sale or building development.
B. Prel iminary Plat: The map or drawing on which a subdivider' s
plan of subdivision is initially presented to the Commission.
C. Final Plat: The map or drawing on which a subdivider's plan of
subdivision is presented in final recordable form for approval by the Commission.
D. Natural Channel: A discernible natural water drainage channel
of discrete width as opposed to general puddling over a substantially uniform
surface.
r-..,-'.---:------~T1"T'l!1..nI11:I.:tI'.J:~IID1111rI:I1::I~'.-.- .. --~'-~~--.,-.-~.----~~~-
-,...IllJJjiIlUI~JW~..U Il-lJ 1;:~U 1 ~
"
.11'1
.., '1":'-'1
, ,
'~jOOi16
E. Subdivider: The owner of the property, either a person or
corporation who proposes to subdivide a lot or tract of land within the
corporate limits of the City.
~
I
I
F. Definitions not expressly prescribed herein are to be construed
as set out in the Zoning Ordinance of the City or in accordance with the cus-
tomary usage in municipal planning and engineering practices.
,
~
Section 3. SPECIAL PROVISIONS.
A. No building, repair, plumbing, or electrical permit shall be
issued by the City after the date of this ordinance for any structure on a lot
or tract unless a final plat has been approved pursuant to the provisions hereof
and filed for record with the City and the County Clerk of Harris County, Texas.
B. It is specifically provided, however, that the provisions of this
ordinance shall not be construed to prohibit the issuance of permits for any lot
or tract upon which a building exists and was in existence prior to the passage of
this ordinance, the last recorded conveyance of which was prior to passage of
this ordinance, or for any lot or tract in the City validly recorded in accordance
with applicable law prior to the passage of this ordinance.
Section 4. PRELIMINARY PLAT AND ACCOMPANYING DATA.
A. General.. The subdivider or his agent shall cause to be prepared
a preliminary plat.
B. Time for Filinq. The subdivider shall file three (3) copies of
the preliminary plat with the Building Inspector at least twenty-one (21)
days prior to the date on which formal application for the preliminary plat
approval is made to the Commission.
rl
'-----'
C. Notice. Notice of such Commission's hearing on each subdivision
application shall be given in advance as follows: In compliance with the notice
provisions of Article 974(a), V.A.TwSi, as amended.
D. Formal Aoolication. Formal application for preliminary plat
approval shall be made by the subdivider in writing to the Commission at an
official public meeting of the Commission.
E. Form and Content. The preliminary plat shall show the following:
1. Names, addresses and telephone numbers o~ the record owner of
the lot, tract or parcel proposed to be subdivided, and the
owner's agent, if any.
2. Description, by metes and bounds, of the proposed subdivision
and of the lot, tract or parcel from which the subdivision
is proposed.
3. Subdivision boundary lines indicated by heavy lines, lot lines,
and the computed area of the subdivision and each lot in said
subdivision.
'-.J
o
o
4",100117
4. Date of preparation, scale of plat, and north arrow'. Th~
scal e shall be one inch equals twenty feet minimum" unl ess
otherwise approved. .
5. A number or 1 etter to identify each lot or tract.
6. Front building setback lines on all lots and tracts; side
yard building setback lines on corner lots, if applicable.
The street to which the lots or tract is dedicated and proposed
street address.
7. Proposed easements for drainage, publ ic util ity easements and
streets; both public and private.
8. Adequate topographical information to define site drainage.
9. A location inset, preferably in the upper right corner of the
plat, to show the subdivision in relation to well known streets,
and water courses in all directions for a distance of at least
one-fourth (1/4) rriile.
In addition, the following items will be submitted with the pre-
liminary plat:
All subdivisions shall be surveyed on the ground and all lot corners
stakes with visable iron pins. The subdivision shall be located with respect
to an original corner of the original plat survey of which the proposed sub-
divi sion is part. During construction ,pavement, drainage facil iti es and util ity
areas shall be visably staked. . . .
All surveying shall be done by either a licensed surveyor or a
registered professional engineer in the employ of the subdivider.
An application form, published by and made available upon request
from the City's office of Building Inspection, must be completed in full and
provided along with other materials required at the time the preliminary sub-
division plat is submitted.
Twelve (12) paper prints from the originaLdrawing of the plat,
reproduced on white paper with blue or black lines, and one (1) reproducible
copy must be provided. This provision applies to both preliminary and final
plats.
The preliminary plat shall include a notarized certificate on the
face of the plat, executed by the subdivider, which certifies that all existing
encumbrances, such as various types of easements, fee strips or significant
topographical features on the land being platted, are fully shown and accurately
identified on the face of the plat. Such certificate shall further state whether
the plat being submitted includes all of the contiguous land which the applicant
owns or has a legal interest in or whether the applicant owns or has a legal
interest in any adjacent property; and if so, a statement of the extent of such
ownership and a boundary description of the land involved must also be provided.
~1J.U.lllllIII:.Ill;'ILIl-U"'~uJj,j. ~L~._ .'11'
L-'---ll.... I
_ --.J
,---,
\;00118
. The preliminary plat shall also 'include a current title report, or
title .commitment from a title guaranty company authorized to do business in the
State of Texas, certifying that a search.of the appropriate records was made
within the last sixty (60) days prior to application covering the land proposed
to be subdivided and stating an opinion as to current record title ownership
and any encumbrances, restrictions and encroachments, if any, shown of record.
A copy of all land use restrictions or deed restrictions, if any, shall be
provided with the application.
F. Processina of Prpliminary Plat
1. The Commission shall check the preliminary plat as to its
conformity with the applicable City Ordinances and City
Codes.
2. Within forty-five (45) days after the preliminary plat
is formally filed, the Commission shall conditionally approve
or disapprove such plat or conditionally approve it with
modifications. The Commission shall within ten (10) days
notify the applicant in writing of the action taken and if
the action is one of disapproval, shall also state in writing
the reason for said action and requirements to bring said
plat into compliance with said ordinance or ordinances giving
specific references to sections of ordinances or the compre-
hensive plan of the City for the subdivider's reference.
3. Conditional approval of a prel iminary plat by the Commission
shall be deemed an expression of approval of the layout
submitted on the preliminary plat as a guide to the approval
of the layout of streets, water, sewer and other required
improvements and utilities and to the preparation of the
final or record plat.
4. Conditional approval of the preliminary plat shall only be
effective for twelve (12) months, unless reviewed by the
Commission in the light of new or significant information
which would necessitate a revision of the preliminary plat.
If, prior to the approval of the final plat, the Commission
determines that changes are necessary in the prel iminary
plat, it shall inform the subdivider in writing of the
necessary changes in said prel iminary plat to bring it into
conformity with said ordinances.
5. All plans and engineering calculations shall bear the seal
and signature of a registered professional engineer.
6. Conditional approval of a preliminary plat shall not con-
stitute automatic approval of the final plat.
Section 5. FINAL PLAT.
---,
1 I
I I
! I
(
'------'
~)
~
A. Form and Contpnt f
1. The final plat and accompanying dat~ shall conform to the ~
[ill
m
l~~.~_~~=c_,..
J___
.......
u00119
form of the preliminary pl at and other requi red data as
condi tionally approved by the Commi ssi on, incorporati ng any
and all change,s, modifications, alterations, corrections,
and conditions as set out in the letters of preliminary
approval from the Commission and must show easements for
all utilities and drainage.,
2.
The plat shall be drawn to a scale of one inch equals twenty
feet minimum, unless otherwise approved by the Commission.
The final plat shall be drawn on mylar finish which is of
equal or greater durability and shall be one of the followi.ng
sizes: 1811 x 2411, 1811 X 3611, 1811 X 4811, or 2411 x 3611.
3.
The final plat shall be submitted in such reasonable number
as is required by the Commission, and shall contain all of
the features requi red for preliminary pl ats.
4.
The final plat shall also include the following:
a. When applicable~ a dedication for the use of the
persons living in its boundaries forever of all
streets and other public ways delineated on said
plat, which shall be the same as those shown on the
prel iminary plat, si gnedand. acknowledged before a
nota ry pub 1 i c by the oWner and 1 i en holder, if any, of
the land and a complete and accurate description of the
land subdiviaed~ The dedication and acknowledgement
shall be in the current form requi.red by the County
Clerk for recording in the map records of Harris County,
Texas. Private streets as approved by City Council
shall be indicated on the recorded plat giving the re-
solution or ordinance number allowing or approving same.
b. A statement prepared for the. signature of the Chairman
and the Secretary of the Commi ss'ionstating that the
final plat has been approved by suchCommi ssion.
Also, a statement of review and .approval by the De-
partmentof Public Safety and the Department of Opera-
tions shall be provided on the final plat.
c. The certification of the surveyor or engineer responsible
for surveying the subdivision area, attesting to its ac-
curacy.
B. Processinq of Final Plat.
1. As soon as practical after the subdivider is notified of
theprel iminary plat, he .or his engineer shall submit to
the Commission the final plat of the subdivision or portion
thereof to be considered at an official public meeting of
said Commission.
L__L_.--'_.l-.
.1~r::!:=::I...:...,.__.___ ~~_~~~~............L.~-
.-----,~--~Tm.'TlTI1'mI1WllII.mlm1Ll,I:1r. -
.'. "1.11"
"';':1lIJJ.~l1iI.1I,Jit.llUll1L..lI.._l.llI.. .."111'
LL:.: "-I-1-l
d00120
2. No final plat will be considered unless a preliminary
, plat has been submitted and conditionally approved.
3. . A final plat shall be submitted to the Commission
within twel ve (12) months of the date of approval
of the preliminary plat approval of the Commission.
Failure to submit a final plat within twelve (12)
months shall be considered a denial of the appli-
cation.
~
I '
I I
: )
U
If final plat approval is denied by the Commission, a
subdivider may not submit an additional application
for subdivision of the same lot or tract within twelve
(12) months of the date of denial by the Commission.
4. The final plat must be acted upon by the Commission
within thirty (30) days of formally filing with the
Commission.
Section 6. CONSIDERATION OF EACH APPLICATION. After all informa-
tion has been provided as set forth herein, the Commission will meet in public
session and consider the application for approval or denial.
During the Commission's deliberations;, the Commission will consider
the following prior to rendering its decision.
1. The plan or plat shall conform to the general plan of the
City.
2. The plan or plat shall conform to the general plan of the
City for the extension of city services such as streets,
sewer, water, etc.
~
I I
I
I I
L.J
3. The plan or plat shall conform to the general rules and
regulations that the City may adopt and promulgate to promote
the health, safety or general welfare of the community.
4. The plan shall provide for the safe, orderly, and healthful
deve 1 opment of sa id commun i ty .
5. Each application for subdivision shall be j~dged on it's own
merit as presented ata public hearing.
Section 7. FEES. Any preliminary or final plat submitted under
the provisions of this ordinance shall be accompanied by a non-refundable fee
in any reasonable amount as shall, from time to time, be established by the City
Council. The fees so established shall include all cost of publication and
distribution of notice as provided herein as well as all cost of recording an
approved plat.
Section 8. STANDARDS AND SPECIFICATIONS.
i \
: /
u
A. Lots. All proposed lots shall meet the requirements of the
City Zoning Ordinance and all applicable requirements of the City.
n
o
n
dOU121
B. Streets. All proposed streets shall meet the standards and
specifications set by the City and each proposed street must be approved by .
action of the City Council.
C. Water Supply antl Distribution. All approved lots or tracts
shall be provided by the subdivider with approved water supply, water dis-
tribution systems, and fire hydrants meeting the requirements of the City.
D. All lots or tracts shall be provided by the subdivider with
an approved sewage system meeting the requirements of the City.
E. Drainaqe.
1. Easement. Where a subdivision is traversed by a water course,
dra i nage way, natura 1 channel, or stream, there shall be provi ded an easement
or right-of-way conforming substantially to the limit of such water course, plus
additional width to accommodate projected future runoff as determined by the
Commission.
2. Drainaqe Facilities. Drainage facilities shall be installed
sufficient to drain all lots in the subdivision and the sufficiency of such
facilities shall be approved by the Commission.
3. Lot Drainaqe. All water runoff from a lot shall drain into
the street bearing the lot address either naturally or through an internal
drainage system.
F. Street Frontaqe. To qualify for approval of a subdivision
request, all proposed lots or tracts must front on the street to which the
original lot was initially dedicated.
Section 9.
A. Pre-Construction Bond and Permit. Before starting clearing or
any construction to qualify a lot or tract as a bui4dable site within a proposed
subdivision, the developer must obtain the following:
1. Performance Bond: The City requires the posting of a
bond guaranteeing to the City installation, of the im-
,.provements within a ,.specified' pl annedtime. The bond~,.
based on the estimated cost of the improvements, shall
be in an amount approved in writing, by the Director
of Public Safety or his agent. A cashier's check, sub-
ject to the above conditions, may be substituted in lieu
of a bond' and
2. The Building Inspector shall issue a Subdivision Construc-
tion Permit. The Subdivision Construction Permit shall be
issued only after the preliminary plat is conditionally
approved by the Commission.
B. Construction. The Subdivider at his expense shall, after
obtaining required building permits construct all streets, curbs and gutters,
LL.J ~I_ I
".----.1.
~,jOU122
drainage facilities, water lines and sewer lines, and other required utilities
within or without the subdivided property in accordance with the speci'fications
of the City, and upon acceptance by the City the sa"me shall become the property
of the City unless otherwise provided herein.
Section 10. When the planned improvements in Section (9) above,
of a subdivision are completed, the developer shall report, in writing, to
the Building Inspector that:
A. All work has been completed in accordance with the approved
plans and specifications; and
B. That the water and sewer facilities have been approved by the
City; and
C. That the Building Inspector has made a satisfactory final
inspection confirming that all work, cleanup, and requirements of the Commis-
sion have been completed.
The Building Inspector will ,by letter to the Commission, authorize
the issuance of permits for buildings in said subdivision.
Section 11. Liability of City to Furnish Improvements.
The acceptance of a final plat by the City does not in any manner
obligate the City to finance or furnish any storm sewers, drainage structures,
street, water, sewer improvements, or any other items or improvements whatso-
ever.
Section 12. Where the Commission finds extraordinary hardship
may result from strict compliance with these regulations, it may vary the
regulations "SO, that "substantial justice may be done and the public interest
secured, provided that such variation will not have the effect of nullifying
the intent and purpose of these regulations.
In granting variances and modifications, the Commission may require
such conditions as will, in its judgment, secure the objective of the standards
so varied and modified.
Section 13. All ordinances or parts of ordinances in conflict
herewith are, to the extent of such conflict, repealed.
Section 14. Any person, firm, or corporation who shall violate
any of the provisions of this ordinance, or fail to comply therewith, or with
any of the requirements thereof, shall be deemed guilty of a misdemeanor and,
upon conviction shall be fined not more than One Thousand Dollars ($1,000.00),
and each day any such violation shall be permitted to exit thereafter shall
constitute a separate offense.
!~<l
i I
LJ
:l
~
Section 15. The provisions hereof are declared to be severable,
and if any portion of this ordinance, or the application thereof to any person \
iJ
w
o
n
or situation be found invalid, suchinval idity shall not affect the remaining
portions.
June
PASSED AND APPROVED on First Reading on this 2Ztb
, 1 983 .
day of
PASSED AND APPROVED on Final Reading, this 12th
September ,1983.
day of
Councilman Voting Aye:
Councilman Voting No:
tnlad4/ 7~
Marla Forristall, Mayor
ATTEST:
NOtl123
.- -~f""="''''H"'''I!n~r'!''f~.--'-----'~'-~=c--=='''='cc--"r~T7--''-'''-'~~--' .-