HomeMy WebLinkAboutORD 2091 Repealing Chapter 74, SubdivisionsCity of West University Place
Harris County, Texas
ORDINANCE NO. 2091
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; REPEALING CHAPTER 74,
SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, AND ADOPTING A NEW VERSION
OF CHAPTER 74, SUBDIVISIONS AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 74, Subdivisions, of the Code of Ordinances of the City of
West University Place, Texas is repealed in its entirety and replaced by the adoption of a
new Chapter 74, Subdivisions as set out in Appendix A, attached hereto.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall ever
be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the
remainder of this Ordinance, nor the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Ordinance to any other persons or circumstances,
shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which this
Ordinance was discussed, considered or acted upon was given in the manner required
by the Texas Open Meetings Act, as amended, and that each such meeting has been
open to the public as required by law at all times during such discussion, consideration
and action. The City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
{00201209.docx }
PASSED, APPROVED AND ADOPTED ON FIRST READING on the 10th day of
February , 2020.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the 201 day of February , 2020.
u
est Signed:2e�. y.
Secretary (Seal) Mayor
d d: — -
City Manager
Approved as to legal form:
City Afforney
(00207299.docx 1 2
Chapter 74, Subdivisions
Article 1. Definitions and interpretation........— ......... _._ ............. ...... __ ........................ 2
Article 11.
Purpose, Jurisdiction, and Applicability ........................................... ....................... 4
Article Ill.
Subdivision Standards....... ........ . ............... ............................................... ...
5
Article IV.
Administrative Bodies ................................................................. ....... ....10
Article V.
Standardized Development Procedures ....................... ................... .........................
12
ArticleVI.
Plats,............ .. ............................ .. ............................ __._ ............ __ ... ..........
16
Article VII.
Permits and Applications ... __ ...... ..................................................... ...................................
21
Article VI R.
Enforcement and Remedies, - — .. ......... _'_ . ..................................... ... __ .................... ....
24
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Article I. Definitions and Interpretation
Section 74-1- Rules of Construction
A. Headings. Section and subsection headings are provided for illustrative purposes only and
shall not be deemed to limit, govern, modify, or otherwise affect the scope, meaning, or
intent of any provision of this Chapter.
B. Conflict between Text and Tables. In the case of any real or apparent conflict between the
text of this Chapter and any illustration, figure, or table explaining the text, the text shall
control.
C. Shall and May.
1. "Shall" is always mandatory.
2. "May" is always discretionary.
D. Interpretation. The provisions of this this Chapter shall:
1. Be held to be minimum requirements;
2. Be liberally construed in favor of the governing body; and
3. Not be deemed a limitation or repeal of any other powers granted by state statute.
E. Word Tense. Words used in the singular include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
Section 74-2 - Definitions
Accessory shall mean a building, structure, or use that is lawfully permitted and subordinate to
a lawfully permitted principal building, structure, or use on the same building site.
Administrative Official shall mean the City Manager or his designee to administer the
regulations and provisions of this Chapter of the City's Code of Ordinances.
Applicant shall mean any owner of real property or their agent, dividing, proposing to divide
land, consolidating, or proposing to consolidate land so as to constitute a Subdivision.
Block shall mean an area bounded by Street areas and occupied by or intended for occupancy
by buildings.
City shall mean the City of West University Place, Texas.
City Council shall mean the City Council of the City of West University Place, Texas.
Consolidated Preliminary and Final Plat shall mean the process by which an Applicant can
obtain Final Plat approval without having to first receive official Preliminary Plat approval.
Easement shall mean a granted right to a Person to use land owned by another for a specific
purpose.
Final Plat shall mean the map or drawing on which an Applicant's plan of Subdivision is
presented in final recordable form for approval by the ZPC.
Inactive Application shall mean an application that has been submitted to the City, however
the application does not fully comply with the standards of this Chapter meaning that City Staff
is unable to place it on a ZPC agenda for potential adoption.
Lot shall mean a contiguous area of land with boundaries established by a legal instrument such
as a recorded deed, court order, or a recorded Plat, which is recognized as a separate legal
entity for purposes of transfer of title. The term "Lot" does not include areas within Rights -of -
Way and shall not be construed to allow the creation of Lots that are not lawfully created in
conformance with the provisions of this Chapter.
Lot Line shall mean the line that demarcates the boundary of a Lot.
Minor Plat Amendment shall mean a type of Replat that can be approved administratively
because the necessary edits being requested are of the type identified by TLGC Section
212.016, Amending Plat.
Permanent Drainage Easement shall mean a drainage Easement that has been granted to the
City in perpetuity to control the drainage of stormwater off of a property.
Person shall mean a human being, partnership, corporation, sole proprietorship,
representative, governmental entity, unincorporated business association or any other entity.
Plat shall mean a map or chart of a Subdivision including Replats.
Preliminary Plat shall mean the map or drawing on which an Applicant's plan of Subdivision is
initially presented to the ZPC.
Replat shall mean a Plat representing land that has previously been included in a recorded Plat.
Right -of -Way shall mean area on, below, or above a Street, sidewalk, alley, waterway, or utility
Easement in which a governmental body has a legal interest. The term does not include the
wireless telecommunications.
Stale Application shall mean an Inactive Application for a Subdivision that has been submitted
to the City not meeting the requirements necessary for approval and the Applicant has failed to
address the City Staff and/or referral agency comments 90 days after the comments were
forwarded to the Applicant.
Street shall mean a public Right -of -Way for vehicular traffic (including bicycles) whether
designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, public roadway or as otherwise designated.
Subdivision shall mean the division or consolidation 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.
Texas Local Government Code (TLGC) shall mean the most recent edition of the Texas Local
Government Code, as amended.
Tract shall mean a portion of a Subdivision intended for development, typically being
substantially larger than a Lot and intended for either large scale development, future
Subdivision into smaller Lots, or preservation as open space.
Traffic Impact Analysis shall mean a study that prepared by a licensed professional traffic
engineer or civil engineer in connection with a proposed land use application that forecasts,
describes, and suggests ways of off -setting the traffic effects that will occur should the land use
application be approved.
Zoning and Planning Commission (ZPC) shall mean the ZPC for the City of West University
Place, Texas.
Article II. Purpose, Jurisdiction, and Applicability
Section 74-11- Purposes
The purposes of this Chapter are to:
A. Provide for the orderly and safe land development within the City;
B. Promote the health, safety, and general welfare of the community;
C. Ensure that new development is consistent with the City's most recently adopted
Comprehensive Plan;
D. Ensure that facilities to be accepted and maintained by the City are properly located and
constructed; and
E. Establish reasonable development restrictions that will neither infringe upon the
Constitutions of the United States of America or the State of Texas nor create regulations
that are arbitrary or capricious.
Section 74-12 - Jurisdiction
Unless otherwise noted all provisions of this Chapter apply within the municipal limits of the
City of West University Place, Texas.
Section 74-13 - Applicability
A. When Applicable. This Chapter is applicable whenever an application to subdivide or
consolidate a Lot or Tract of property by means of a specific platting process as referenced
in Article VI, Plats is officially submitted to the City.
B. When Not Applicable. Land development applications and the process of entering into such
applications as detailed elsewhere in the City's Code of Ordinances, such as Appendix A,
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Zoning Ordinance and Chapter 18, Buildings and Development, have no bearing and/or
applicability upon this Chapter unless otherwise cross-referenced.
Section 74-14 - Effective Date
The effective date of this Chapter is the same as the date of its official adoption by the
City Council which is February 24, 2020.
Section 74-15 - Consistency with Zoning and the City Plans
A. Zoning.
Land Use. No land contained in any proposed Subdivision shall be reserved for any land
use other than a use permitted within the zoning district where the property is located.
(See Appendix A, Zoning Ordinance).
Rezoning. No Subdivision approval shall be approved that requires a change in zoning until
the rezoning request is officially approved in compliance with Appendix A, Zoning
Ordinance.
B. Plans. All Subdivisions shall be consistent with the City's plans including, but not limited to,
the City's most recently adopted Comprehensive Plan and Drainage Plan.
Section 74-16 - Transition Standards
A. Development Approvals Predating the Effective Date.
1. It is the City's intent to respect existing development approvals. Approved development
may be carried out within the scope of the development approval, including applicable
standards in effect at the time of approval, provided that the approval was valid and has
not lapsed per Section 74-54, Inactive and Expired Applications.
2. This Chapter does not prevent the City from enforcing any provision of Chapter 18,
Buildings and Development, or any other chapter of the City's Code of Ordinances.
B. Pending Applications.
1. Except as provided in subsection (B)2 below, each application for development approval
shall be evaluated only by the adopted ordinances and technical regulations in effect at
the time that each complete application is submitted.
2. Applications that are not pursued with due diligence may expire pursuant to Section 74-
54, Inactive and Expired Applications.
Article III. Subdivision Standards
Section 74-21- Lots
A. Lot Size. All Lots and Tracts must conform to the regulations of Appendix A, Section 5-102,
Division of Building Sites.
B. Lot Shape.
1. Lots shall be as rectangular as possible.
2. Irregular shaped Lots shall have sufficient width at the building line to meet the
minimum width requirements of Appendix A, Table 5-1, Building Site Dimensions.
C. Lot Lines. Side Lot Lines shall be at right angles or as close to right angles as possible.
D. Street Frontage. Each Lot shall have adequate access to an existing or proposed public
Street with the width of the Street area to be not less than 40 feet.
E. Lot Consolidation. Lots may be consolidated provided that:
1. The minimum requirements of Appendix A, Section 5-102, Division of Building Sites,
have been met; and
2. Upon completion of any and all work permits none or only one of the applicable Lots
has a primary habitable building located on it.
F. Lot Subdivision on Previously Consolidated Lot. Lots that have previously been
consolidated may be subsequently subdivided again provided that the newly created Lots:
1. Satisfy the requirements of this Chapter and Appendix A, Zoning Ordinance; and
2. Neither of the newly proposed Lots would have an Accessory building, Accessory use, or
Accessory structure left on the property without a primary building.
G. Through Lots. See Appendix A, Zoning Ordinance, Table 7-2, Yards (or 'Setbacks'): Note 1:
Through Lots or Building Sites.
Section 74-22 - Building Sites
See Appendix A, Zoning Ordinance, Article 5, Building Sites and Section 18-53, Building Sites.
Section 74-23 - Blocks
A. Minimum Block Length. Block length shall be a minimum of 500 feet.
B. Maximum Block Length. Blocks shall not be more than 1,200 feet in length.
Section 74-24 - Streets and Public Rights -of -Way
A. Right -of -Way Width. The City shall maintain the existing Right -of -Way width necessary to
provide the paved Streets and sidewalks that presently exist throughout the City.
B. Street Pavement Width. The City shall maintain the existing Street pavement width
necessary to maintain the existing Street network throughout the City.
C. Alleys. The creation of new alleys is prohibited.
D. Private Streets. The creation of new private Streets is prohibited.
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E. Street lighting. Street lighting shall be provided and meet the standards as provided in the
City's Construction Design Manual.
F. Street Name and Traffic Signs. All Street name and traffic signs shall be provided by the
City.
G. Traffic Impact Analysis.
1. Where a proposed new development may create either increased traffic, intersection
congestion, or any transportation concern, the City may require the Applicant to fund a
Traffic Impact Analysis.
2. Should the Traffic Impact Analysis determine that it is necessary, the Applicant may be
required to share with the City the cost of any transportation improvement as is roughly
proportional to the new development.
Section 74-25 - Access Management
See Appendix A, Zoning Ordinance, Table 7-5a: Parking, Driveways, etc.
Section 74-26 - Curbs, Gutters, and Sidewalks
See Appendix A, Section 18-62, Curbs, Gutters, and Sidewalks and Appendix B, Article III,
Driveways and Sidewalks.
Section 74-27 - Easements
A. Drainage and Stormwater Easements. When a Subdivision has a natural channel, stream,
or drainage from an adjacent property, the Final Plat must dedicate a Permanent Drainage
Easement to the City with sufficient width to accommodate the natural channel, stream or
drainage, plus an additional width to accommodate projected future runoff.
B. Utility Easements. Easements across Lots centered on rear and side Lot Lines shall provide
for utilities where necessary and shall be a minimum of 10 feet wide for two utility services
(e.g., electric, gas, telephone, etc.) or 14 feet to 20 feet for two or more utility services.
C. Water and Wastewater Easements. Easements required for water and wastewater shall
be a minimum of 10 feet in width in the Right -of -Way of the front property line.
D. Encroachments and Removal of Encroachments.
1. No Encroachments within an Easement. No structures or permanent encroachments
shall be allowed to be located within the area of any Easement required by this Chapter.
2. Right of Removal. While the City and/or utility provider benefiting from an Easement
will make efforts to minimize disturbances, both, however, shall have the right to
remove any encroachment, structure, fence, landscaping (including overhanging limbs,
shrubbery, or vegetation), or other improvements placed upon or over such Easement.
(See Texas Utilities Code Section 181.007, Authority to Hold Land or Other Property)
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3. Cost of Removal. The City and/or utility provider may assess the cost of removing an
unauthorized improvement from an Easement against the landowner, including the
placing of a lien on the property. (See TLGC Section 552.067, Notice of Proposed
Improvements; Lien)
4. Restoration. The City and/or utility provider shall not be obligated to restore or replace
any such encroachment but shall restore any disturbed ground surfaces with seeding.
E. Maintenance of Easements. The responsibility for the regular maintenance of the ground
surface in any Easement shall rest with the owner of the property within which the
Easement exists.
Section 74-28 - Survey and Monument Specifications
A. Information Required.
1. Generally. The following shall be used for mapping natural resources or other features
of all plats, site development plans, or plans as otherwise required by this Chapter. In
general, boundaries shall be measured as follows:
a. Measurements for the boundary are to be made horizontally, perpendicular from, or
radial from any feature or point.
b. Boundaries that are dependent on elevation shall be based upon on-site elevations
and shall not be interpolated.
2. Waterbodies and Watercourses.
a. Floodploins. All development within the City, not part of a previously approved plan
or Plat, shall show the boundary of the floodplain and floodway, if such exists on the
site. Such delineation shall be by a registered professional land surveyor.
b. Streams. Streams (perennial, intermittent, mapped, and unmapped) with
identifiable banks and beds shall have their boundaries set at the top of the bank.
c. Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of
Engineers.
d. Other Waterbodies/Watercourses. Initial identification of other
waterbodies/watercourses not otherwise classified shall be made using the U.S.
Geological Survey quadrangle maps or more accurate information, as available. Field
survey verification to determine evidence and location of channelized flow is
required for all Plats and site development plans.
3. Topography. Topographic lines are required and shall be drawn at one -foot contour
intervals unless such intervals are impractical due to essentially flat topography.
B. Monumentation. Survey monuments shall be required.
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1. Monument Markers. All boundary corners, angle points, or points of curvature or
tangency, including Block corners, Lot corners, Street intersections, and all angle points
and points of curvature in Street lines must be monumented by a surveyor using
sufficient, stable and reasonably permanent survey markers.
2. Monument Size and Material. Each monument shall be described in such a way as to
clearly define the size, type of material, and the nature of the monument (i.e., three-
fourths -inch iron pipe, five -eights -inch iron rod, cotton spindle, mag nail, etc.).
3. Standards. All monuments shall be set to the standard of the Texas Board of
Professional Land Surveying Practices Act and the general rules of practices and
procedures of the Texas Board of Professional Land Surveying and shall bear reference
caps as indicated.
4. Benchmarking.
a. Location. A benchmark monument or survey marker of a sufficient, stable, and
reasonably permanent nature shall be found or placed within the boundaries of or
within 300 feet of the boundaries of the Subdivision for project elevation control.
b. Identification. The placement of the benchmark with the location, description, and
elevation of the benchmark shall be identified on the face of the Plat.
c. Reference. All project benchmarks and all project elevations shall be referenced to
the published National Geodetic Survey (NGS) datum adjustment of the current
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM)
for the property location. Equations may be used to translate other datum
adjustments to the required adjustment.
Section 74-29 - Sewer, Water and Utility Connections
A. Generally. All Lots or Tracts in Subdivisions shall be provided by the Applicant with a water
supply, water distribution system, fire hydrants, and a sewer system in accordance with the
City's Construction Design Manual.
B. Requirement for Permits. See Section 18-64, Utility Availability, Major Development.
Section 74-30 - Construction Improvements
A. Construction Requirements. See Section 70-261, Construction and Maintenance of
Structures.
B. Performance Bond.
1. Bond Required. Before starting any construction activity, including land clearing, an
Applicant must obtain a performance bond guaranteeing to the City the installation of
all of the required improvements within a specified time.
2. Cost of Bond. The cost of the performance bond is based on the estimated cost of the
improvements and shall be in an amount approved by the Administrative Official.
C. Applicant Report upon Completion of Improvements. When the required improvements
of this Chapter are completed, the Applicant shall submit a written report to the
Administrative Official stating that all required work has been completed in accordance
with the approved plans and specifications.
D. City Acceptance. See Section 74-55, City Acceptance of Improvements.
Section 74-31- Drainage, Stormwater, and Flood Management
A. Drainage and Stormwater.
1. Drainage facilities shall be installed so as to drain all Lots in a Subdivision and to handle
incoming flows from natural channels, streams and other drainage, and the sufficiency
of such facilities shall be approved by the Public Works Director.
2. All water runoff shall drain into the Street from the same Lot address either naturally or
through an internal drainage system, unless otherwise indicated on the Final Plat.
3. For further information see the City's Stormwater Management Plan.
B. Flood Management. See Chapter 18, Article IX, Flood Damage Prevention.
Article IV. Administrative Bodies
Section 74-41- Administrative Official
A. Right of Inspection. The Administrative Official is empowered to enter any building,
structure, or premises in the City upon which a development or land use is located, as
follows:
1. Entry shall be for the purpose of inspection to ensure compliance with this Chapter or
any other Chapter of the City's Code of Ordinances.
2. Inspection shall be performed during business hours, unless an emergency exists.
3. Inspection shall be made only after:
a. Permission is granted by the owner or tenant; or
b. An order from a court of competent jurisdiction.
B. Interpretation. The Administrative Official shall have the right to interpret provisions of
this Chapter. Should an Applicant not agree with the Administrative Official's
interpretation, he or she has the right to appeal as per Section 74-77, Appeals.
C. Responsibilities. The Administrative Official shall:
1. Establish deadlines for how far in advance an initial application must be submitted to be
reviewed by either the City Council and/or the Zoning and Planning Commission (ZPC);
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2. Provide application materials for Applicants;
3. Schedule and coordinate all Development Review Committee (DRC) meetings (See
Section 74-43, Development Review Committee);
4. Decide all administrative approvals as per Section 74-61, Table of Platting Requirements;
5. Complete a staff report for all proposals that request approval under this Chapter of the
City's Code of Ordinances;
6. Submit in writing to an Applicant any specific conditions required as apart of
conditional approval for any and all applications; and
7. Enforce the provisions of Article VII, Enforcement and Remedies by:
a. Providing in writing the violation and/or the specific area(s) of noncompliance to the
Person deemed to be in violation of any provision of this Chapter;
b. Bringing violations and/or lack of compliance to the attention of the ZPC, City
Council, or other appropriate agency; and
c. Issuing or undertaking any remedies as deemed necessary by Section 74-83, Non -
Judicial Remedies, and Section 74-84, Judicial Remedies.
Section 74-42 - City Council
A. Establishment. The City Council is established by the City of West University Place Home
Rule Charter, Article 11, City Council.
B. Powers and Duties. The City Council reserves to itself all of the powers and duties that are
not expressly delegated within this Chapter of the Code of Ordinances. (See Home Rule
Charter, Section 2.08, Powers of Council).
Section 74-43 - Development Review Committee (DRC)
A. Membership.
1. The Development Review Committee (DRG) shall be comprised of the City Staff
designated by the Administrative Official and representatives from each referral agency
that reviews development projects in conjunction with the City.
2. Based on the nature of the application, DRC meetings can be limited to those staff and
agencies affected by the development, or can be expanded to include additional
agencies or staff with review responsibilities.
B. Meetings. DRC meetings shall be convened by the Administrative Official, as necessary.
C. Responsibilities. The DRC shall have the role to review and provide technical
recommendations concerning any application specified in this Chapter of the City's Code of
Ordinances.
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Section 74-44 - Zoning and Planning Commission (ZPC)
A. Establishment. The Zoning and Planning Commission (ZPC) is established by Home Rule
Charter, Section 5.03, Zoning and Planning Commission.
B. Powers. Unless otherwise designated, the ZPC shall have the responsibility for the approval
of all plans, Plats, and permits as designated by this Chapter in accordance with Texas Local
Government Code (TLGC) Chapter 212, Municipal Regulation of Subdivisions and Property
Development. (See Home Rule Charter, Section 5.04, Zoning and Planning Commission:
Powers and Duties).
Article V. Standardized Development Procedures
Section 74-51- Pre -Application Conference
A. Applicant Responsibilities. An Applicant shall:
1. Consult early, informally, and in-person with the Administrative Official; and
2. Avail himself to the advice and assistance of the Administrative Official.
B. Administrative Official Responsibilities. The Administrative Official shall:
1. Informally confer with the Applicant; and
2. Advise and assist the Applicant in the procedure for approval of Plats and on regulations
and policies of the City regarding development within the corporate limits.
Section 74-52 - Application Filing Process
A. Generally. Every process established by this Chapter of the Code of Ordinances shall be
submitted on a form approved by the City with the appropriate application fee in
accordance with Appendix E, Fees and Charges Schedule, of the City's Code of Ordinances.
B. Payment of Fees.
1. All fees for all Plats (regardless of whether it is an original submittal or resubmittal) shall
be paid at the time of application submittal.
2. No Plat, permit, or application shall be approved unless and until such costs, charges,
fees, or expenses are paid in full.
C. Forms. The City may revise any applicable form to comply with any new or revised
requirements of this Chapter.
D. Title Report. A current title report (within the past 60 days as of the application date) is
required to be filed with the City as part of the application process for any and all Plats.
(See Article VI, Plats.)
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E. Time and Location of Hearing.
1. 30 Day Requirement. For all matters properly brought before the City Council or the
ZPC, the date of the meeting shall be no later than 30 days following the submission of a
complete application per Section 74-53, Application Completeness Review.
2. Specific Time and Location. Provided that the 30 -day time requirement as discussed in
subsection E(1) is met, the City shall be responsible for selecting a reasonable time and
place for the hearing to be held.
F. Denial and Resubmittal of Plat. An Applicant may not submit an additional application for
Subdivision of the same Lot or Tract within 12 months of the date of denial unless the
Applicant can show to the ZPC's satisfaction that there is a material change in
circumstances related to the application.
Section 74-53 - Application Completeness Review
A. Generally. Upon receipt of an application pursuant to this Chapter, the Administrative
Official shall provide the Applicant with a dated receipt. Within ten working days of receipt
of an application, the Administrative Official shall review the application and determine if:
1. The application includes all required materials and information; and
2. Those parts of the application which are required to be prepared by licensed
professionals are, in fact, prepared by such professionals.
B. Determination of Completeness.
1. If the application is complete, the Administrative Official shall notify the Applicant in
writing of this determination and require the Applicant to provide a sufficient number of
copies of the application.
2. No application is complete until all up -front fees for review are paid.
3. The time period for processing an application after completeness review does not start
unless the fees are paid.
4. Once an application has been accepted by the Administrative Official, the filing fee is
non-refundable.
C. Determination of Incompleteness. If the application is incomplete, the Administrative
Official shall notify the Applicant in writing, specifying the additional materials or
information required to complete the application. The Applicant shall provide these
materials within ten working days of the request or the application will be withdrawn. An
application that is withdrawn may be re -filed at a future date however a new filing fee will
be required.
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Section 74-54 - Inactive and Expired Applications
A. Generally. Applications must be diligently pursued by the Applicant. This Section includes
procedures to void applications that become stale due to Applicant inaction.
B. Expiration of Applications.
1. Inactive. An application becomes "inactive" for failure to comply with this Chapter,
preventing it from being docketed for action or approved.
2. Stale.
a. Generally. Inactive Applications become "stale" after 90 days of the filing of the
application if the Applicant fails to address staff or referral agency review
comments.
b. Exception. When the Applicant is actively pursuing action to address comments in
coordination with staff, in which case the application shall become stale after 180
days of the date when the action was originally requested.
3. Void. Stale applications are automatically voided six months after the original date when
the action was requested if the Applicant fails to take action or requests an extension of
time for cause.
4. No Refund of Fees. If a Plat becomes stale and is voided, application fees will not be
refunded and a new application and fees are required to file a subsequent Plat.
C. Extension of Time. Prior to a Stale Application being voided, an application may be
extended for up to six months upon written request of the Applicant for cause only.
D. Change in Ordinance provisions. If the City amends this Chapter or adopts other
regulations during the period of time when an application is inactive and/or stale, the
application shall not be subject to compliance to the new regulations unless the application
becomes void.
Section 74-55 - City Acceptance of Improvements
For the City to accept the dedication of any public infrastructure improvement the following
procedural steps are required:
A. Applicant Report. See Section 74-30.C, Applicant Report upon Completion of
Improvements.
B. City Staff Review.
1. The City's Director of Public Works shall approve all water and sewer facilities.
2. The City's Building Official shall complete a satisfactory final inspection confirming that
all work, cleanup, and requirements of the ZPC have been completed.
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C. City Council Acceptance. Upon satisfactory completion of the Applicant report and City
Staff report, the City Council shall formally accept the public improvements and release any
excess funds held in the performance bond that the Applicant was required to post in
accordance with Section 74-30.6, Performance Bond.
Section 74-56 - Required Notice
A. Generally. Notice of any ZPC hearing on a Subdivision application, whether by publication
or by mail, shall be given as required by TLGC Chapter 212, Municipal Regulation of
Subdivisions and Property Development.
B. Content of Notice. Notice shall include:
1. The date, time, and place of the hearing;
2. Staff contact and phone number;
3. A full legal description of the property; and
4. A statement that the public is invited to review and comment on the application.
C. Constructive Notice.
1. Minor Defects. Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if there was a bona fide attempt to comply with
applicable notice requirements. Minor defects in notice shall be limited to errors in a
location map, typographic or grammatical errors, or errors of actual acreage that do not
impede communication of the notice to affected parties.
2. Failure to Receive Notice. Failure of a party to receive written notice, when notice has
been actually mailed, shall not invalidate subsequent action.
3. Questions Concerning Adequacy of Notice. If questions arise regarding the adequacy of
notice, the City Council or the ZPC may direct City Staff to make a formal finding as to
whether there was substantial compliance with the notice requirements of this Chapter
and the TLGC.
D. Types of Required Notice.
1. By Mail. Notice by mail, when required, shall be provided to each property owner, as
required by law, and as indicated by the most recently approved municipal tax roll of
real property.
2. By Publication. Notice by publication, when required, shall be provided in accordance
with the requirements of the TLGC.
E. Computation of Time Requirement. In computing the time periods for notice, the day of
mailing, publication, or posting shall not be counted, but the day of the public hearing shall
be counted.
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F. Required Notice Table. Table 74-56, Required Notice, sets out the specific notice
requirements for each type of application when notice is required.
Article VI. Plats
Section 74-61- Table of Platting Requirements
Preliminary Subdivision of Required prior
Plats real property I to Final Plat
Required after
Preliminary Plat
Subdivision of and prior or
Final Plats real property concurrent with
site
development
plan
See TLGC Chapter 212,
Municipal Regulation of
Subdivisions and Property Zoning and Sec. 74-62,
Development and Sec. 74- Planning Preliminary
64, Consolidated Commission Plats
Preliminary and Final
Plats
See TLGC Chapter 212, Zoning and
Municipal Regulation of planning Sec. 74-63,
Subdivisions and Property Commission Final Plats
Development
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Table 74-56
Required Notice
Type of Application
Plats
Preliminary Plats
Not Required
Required'
Final Plats
Not Required
Required'
Consolidated Preliminary and Final
Not Required
Required'
Plats
Minor Plat Amendments
Not Required
Not Required
Replats
Required'
Required'
Notes:
1. Required per Texas Local Government Code (TLGC) Section 212.015, Additional Requirements for Certain
Replats,
2. Required per Texas Government Code (TGC), Chapter 551, Open Meetings.
Article VI. Plats
Section 74-61- Table of Platting Requirements
Preliminary Subdivision of Required prior
Plats real property I to Final Plat
Required after
Preliminary Plat
Subdivision of and prior or
Final Plats real property concurrent with
site
development
plan
See TLGC Chapter 212,
Municipal Regulation of
Subdivisions and Property Zoning and Sec. 74-62,
Development and Sec. 74- Planning Preliminary
64, Consolidated Commission Plats
Preliminary and Final
Plats
See TLGC Chapter 212, Zoning and
Municipal Regulation of planning Sec. 74-63,
Subdivisions and Property Commission Final Plats
Development
16
able 74-E
P, Ranuire
Plat Type Required For Timing Exceptions Issued By
reference
Subdivision of
real property
Prior or
(only Sec. 74-64,
Consolidated concurrent with Zoning and
Consolidated
Preliminary and applicable for site N/A Planning
Final Plats projects development Commission Preliminary and
meeting the plan Final Plats
requirements
of Sec. 74-64)
Amendments
to Plats which Whenever
fall under Sec. 74-65,
Minor Plat requirements
Amendments TLGC Sec. can be identified None Administrative Minor Plat
212.016, as being met Official Amendments
Amending
Plat.
After Plat See TLGC Chapter 212,
74-66,
Replats (Major Subdivision of approval when Municipal Regulation of Zoning and Sec.
Planning Replais ts (Major
Modifications) real property edits to a Plat Subdivisions and Property Commission Modifications)
are necessary Development
Section 74-62 - Preliminary Plats
A. Required Plat Specifications. The Preliminary Plat shall show the following:
1. The names, addresses, and telephone numbers of the record owner of the Lot or Tract
proposed to be subdivided, and the owner's agent, if any.
2. A description, by metes and bounds, of the proposed Subdivision and of the Lot or Tract
from which the Subdivision is proposed.
3. Subdivision boundary lines (indicated by heavy lines) and other Lot Lines in the immediate
vicinity.
4. The computed area of the Subdivision, each Lot in the Subdivision, and a number or letter
to identify each Lot or Tract.
S. A north arrow.
6. The date of Plat preparation.
7. The scale of the Plat which shall be one -inch equals 20 feet minimum.
8. The front building setback lines on all Lots and Tracts.
9. The side yard building setback lines on corner Lots, if applicable.
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10. The Street to which the Lot or Tract is dedicated and the proposed Street address (if
available).
11. The proposed Easements for drainage, public utility Easements and Streets, both public
and private.
12. The standards as set out in Section 74-28, Survey and Monument Specifications.
13. A location inset, preferably in the upper right corner of the Plat, to show the Subdivision
in relation to well-known Streets, streams, and natural channels in all directions for a
distance of at least one-fourth mile.
14. All proposed rights-of-way must be separately identified as distinct from other Lots on
the Plat.
B. Required Submittals. Applicants shall submit the following prior to the City determining
whether all elements of the application are complete via Section 74-53, Application
Completeness Review:
1. Full Filing Fee as provided on the City's Schedule of Fees. (See Appendix E, Fees and
Charges Schedule)
2. An electronic copy in PDF format which can be easily printed at a scale of 24 x 36 inches
and stamped "Preliminary Plat" that meets or exceeds the requirements of this Chapter.
3. Letter of transmittal, stating briefly the type of Street surfacing, drainage, sanitary
facilities, and water supply proposed.
4. The name and address of the owner and/or the owner's agent.
5. A statement of the extent of the Applicant's ownership.
6. A boundary description of the land.
7. A notarized certificate on the face of the Plat, executed by the Applicant, which certifies
that all of the following is fully shown and accurately identified:
a. All existing encumbrances, such as all Easements for utilities and drainage;
b. Significant topographical features; and
c. All of the contiguous land which the Applicant owns or has a legal interest in.
8. Plans and engineering calculations which shall all contain the seal and signature of a
registered professional engineer.
9. Any additional supplemental materials as applicable in other sections of this Chapter.
C. Action by Zoning and Planning Commission [ZPQ. The ZPC shall within 30 days after the
Preliminary Plat has been properly filed and the requirements of Section 74-53, Application
Completeness Review, have been satisfied:
1. Conclude either:
a. Approval;
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b. Approval with conditions; or
c. Disapproval; and
2. Record the action taken on two copies of the Preliminary Plat.
D. Conditional Approval.
1. Conditional approval shall be considered to be the status of a Plat or Replat until such
conditions are complied with.
2. All conditions imposed as part of a conditional approval, shall be furnished to the
Applicant in writing.
E. Effect of Approval.
1. Approval of the Preliminary Plat shall be deemed an expression of general approval of
the layout of Streets, water, sewer and other required improvements and utilities and
shall not constitute acceptance of the Final Plat.
F. Effect of Disapproval. Should the ZPC disapprove a Plat, the ZPC shall within ten business
days notify the Applicant in writing of the actions taken and the reasons for why said action
was taken.
G. Effect of No Decision. If no decision is rendered by the ZPC within 30 days after the
Preliminary Plat has been filed and the requirements of Section 74-53, Application
Completeness Review have been satisfied, the Preliminary Plat, as submitted, shall be
deemed to be approved.
H. Expiration. Preliminary Plat approval will expire six months after the approval by the ZPC. For
this reason, there is no requirement that a Preliminary Plat that has been approved be
vacated, should an Applicant decide against moving the project forward.
I. Extension. The Applicant may apply in writing for an extension prior to the end of such six
month period. This period may be extended six months, but not beyond a total of one year.
J. Required Notice. See Section 74-56, Required Notice.
Section 74-63 - Final Plats
A. Conformance to Preliminary Plat. The Final Plat and accompanying data shall conform to
the form and content of the Preliminary Plat and other required data as conditionally
approved by the ZPC incorporating any and all changes, modifications, alterations,
corrections and conditions as set out in the letters of preliminary approval from the ZPC.
B. City Not Liable 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
whatsoever.
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C. Easements. The Final Plat must clearly document all Easements that are required by
Section 74-27, Easements and any of provisions of this Municipal Code.
D. Right -of -Way Dedication. Rights -of -Way intended for public facilities shall be properly
dedicated to public use and title transferred to the appropriate public agency. The Final
Plat must provide clear evidence of the intent to complete this transfer.
E. Required Notice. See Section 74-56, Required Notice.
Section 74-64 - Consolidated Preliminary and Final Plats
A. Applicability. The Applicant may, at his option, elect to combine the Preliminary Plat and
Final Plat process, whenever the following conditions are satisfied:
1. The Tract of land is to be re -subdivided into no more than three Lots; and
2. The dedication of Streets, utilities, and infrastructure is not required.
B. Required Notice. See Section 74-56, Required Notice.
Section 74-65 - Minor Plat Amendments
A. Applicant Responsibilities. An Applicant requesting a Minor Plat Amendment shall submit
to the Administrative Official:
1. An electronic copy in PDF format which can be easily printed at a scale of 24 x 36 inches
and stamped "Preliminary Plat" that meets or exceeds the requirements of this Chapter;
and
2. A statement:
a. Detailing the specific Minor Plat Amendment requested; and
b. Identifying the specific subsection of TLGC Section 212.016, Amending Plat, that
permits the Plat to be amended without requiring a Replat.
B. Administrative Official Responsibilities. The Administrative Official may:
1. Administratively approve Minor Plat Amendments when the requirements of TLGC
Section 212.016, Amending Plat, are met; or
2. Elect to present the Plat to the ZPC for approval, conditional approval, or denial.
Section 74-66 - Replats (Major Modifications)
A. Applicability. All Replats, excluding those that qualify for a Minor Plat Amendment per
Section 74-65, Minor Plat Amendments, are required to be revised in accordance with this
Chapter.
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B. Legally Protested Supermajority.
1. Vote Requirement. If a proposed Replat is protested (as described in subsection (2)
below] the Replat must receive, in order to be approved, the affirmative vote of at least
three-fourths of all members of the ZPC.
2. Legal Protest Standard. For the legal protest approval standard to be applicable, a
written petition signed by the owners of at least 20 percent of the area of the Lots or
land immediately adjoining the area covered by the proposed Replat and extending 200
feet from that area, must be filed with the Administrative Official more than 24 hours
prior to the opening of the public hearing.
C. Procedural Process. Replats may be submitted through the Final Plat process. See Section
74-63, Final Plats.
D. Required Notice. See Section 74-56, Required Notice.
Section 74-67 - Final Plat Vacation
See TLGC Section 212.013, Vacating Plat.
Article VII. Permits and Applications
Section 74-71- Building Permit
A. Final Plat Required. No building, repair, plumbing or electrical permit shall be issued by the
City for any building or structure on a Lot or Tract unless a Final Plat has been approved
pursuant to the provisions of this Chapter and filed for record with the City and the County
Clerk.
B. Completion of Construction Improvements Required. The Building Official may not
authorize the issuance of permits for buildings in the Subdivision until all improvements are
completed in accordance with the requirements of Section 74-30, Construction
Improvements.
C. Completion of Site Development Plan and Drainage Plan. The Building Official may not
authorize the issuance of permits for buildings until all required site development plans (See
Section 18-54, Surveys; Site Plans) and drainage plans (See Section 18-56, Site Drainage;
Drainage Plans) have been fully submitted and approved by the Building Official.
D. Building Official Responsibilities. The Building Official shall be responsible for the issuance
of all building permits. See Chapter 18, Buildings and Development.
Section 74-72 - Floodplain Development Permit
See Chapter 18, Article 1X, Flood Damage Prevention.
21
Section 74-73 - Site Development Plan
See Section 18-54, Surveys; Site Plans
Section 74-74 - Site Drainage Plan
See Section 18-56, Site Drainage; Drainage Plans
Section 74-75 - Text Amendment
A. Initiation of Amendment Request. Requests for amendments to the text of this Chapter
may be initiated by the request of the ZPC, City Council, the Administrative Official, or the
public at4arge to amend, add, or repeal any portion of this Chapter that is not required by
either Texas or Federal Law.
B. Amendment Request Process. All text amendments to this Chapter shall first be reviewed
by City Staff and then subsequently reviewed by ZPC with a recommendation provided to
the City Council as to whether the text amendment should be adopted.
C. Criteria for Approval. The following shall be considered by the ZPC and the City Council in
determining whether to adopt or recommend for adoption. The proposed amendment
shall:
1. Promote the health, safety, and general welfare of the City;
2. Promote the safe, orderly, efficient, and healthful development of the City;
3. Be consistent with other regulations within the City's Code of Ordinances; and
4. Be consistent with the policies of the most recent Comprehensive Plan for the City.
D. Clerical Error Amendments. The City Council may, by resolution and without requiring the
provisions of subsections (A), (B), and (C):
1. Correct spelling or punctuation errors;
2. Cross-reference changes or errors; or
3. Correct other matters determined by the City Attorney to be of a clerical nature and not
requiring the notice requirements of Section 74-56, Required Notice.
E. Required Notice. See Section 1-5, Amendments or additions to Code, of the City's Code of
Ordinances and Texas Government Code (TGC) Chapter 551, Open Meetings.
Section 74-76 - Variances
A. Unnecessary Hardship Standard. The ZPC may authorize a variance when an Applicant can
show that a provision of these regulations:
1. Would cause unnecessary hardship if strictly adhered to; and
2. Is because of a physical condition peculiar to the land.
22
B. Procedural Requirements.
1. Any variance authorized is required to be entered in writing into the minutes of ZPC
meeting specifically stating the reason(s) for which the variance was approved.
2. Not less than two-thirds of the entire membership of the ZPC (not just those present at
the meeting) must approve the request.
C. Required Notice. See TGC, Chapter 551, Open Meetings.
Section 74-77 - Appeals
A. Purpose. The purpose of the appeals process is to provide an opportunity for affected
parties to seek review of a decision by either an Administrative Official or a public body in a
timely and inexpensive manner.
B. City Staff Decisions. All decisions of the Administrative Official, Director of Public Works,
Building Official, or any other properly designated City Staff representative pertaining to
this Chapter, may be appealed to the ZPC.
C. Deadline to Appeal. All appeals must be fully completed and submitted to the City 30 days
after an official decision.
D. Content. The request for appeal shall clearly state each alleged error or ground for protest
which the appellant intends to assert. It cannot be amended, supplemented, or modified
after notice of the meeting is posted.
E. Scope of Review. The ZPC shall review the application in the same manner, using the same
approval criteria as the decision -maker. However the following shall apply:
1. No new evidence shall be presented to the ZPC that was not considered by the decision -
maker; and
2. No issues shall be reviewed by the ZPC that were not described by the request for
appeal.
F. Parties to Appeal.
1. Only parties shall have standing to bring an appeal. No appeal by a Person who is not a
party shall be heard.
2. A Person is a party if it demonstrates:
a. That final action of the City caused it injury;
b. The injury is different in kind or degree from injury to members of the general
public; and
c. The injury can be remedied if the appeal is granted.
3. Any Person that owns property within 300 feet of any Lot Line that is the subject of the
appeal shall not be required to demonstrate injury.
23
G. Required Notice. See TGC, Chapter SS1, Open Meetings.
Article VIII. Enforcement and Remedies
Section 74-81- Violations
A. Timeframe for Noncompliance to be addressed.
1. Upon delivery of a proper noncompliance letter the Person receiving the letter shall
have 10 business days to achieve compliance.
2. Failure to comply with a noncompliance letter within the 10 business day requirement
shall constitute an offense.
B. Other Lawful Actions Permitted. Nothing herein contained shall prevent the City or other
appropriate authority from taking such other lawful action as is necessary to prevent or
remedy any violation.
C. Complaints. Whenever a violation of this ordinance occurs, or is allowed to have occurred,
any Person may file a written complaint. Such complaint shall state fully the causes and
basis thereof. Said complaint shall be filed with the Administrative Official. The
Administrative Official shall then immediately investigate and take any action that is
appropriate per the regulations of this Chapter.
Section 74-82 - Penalties
See Section 1-7, General Penalties for Violations; Alternative Enforcement.
Section 74-83 - Nan -Judicial Remedies
The City may on its own accord enforce any violation of this Chapter by using the following means
and methods:
A. Withholding Permits. The City may deny or withhold permits, approvals, or other forms of
authorization for failure to comply with the requirements of this Chapter or those
requirements of a referral agency.
B. Temporary Revocation of Permits. The City may temporarily revoke permits to address an
imminent danger to public health, public safety, public or private property or to prevent
irreparable harm.
C. Suspension of Permits. The City may suspend any permits to allow for the correction of a
violation or in response to a judgment of a court of competent jurisdiction.
D. Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this Chapter may be revoked when
it is determined that:
a. There is a violation of any provision of this Chapter;
24
b. The permit or approval was issued in error or based on false representation;
c. Upon the request of a referral agency with jurisdiction and due cause; or
d. There is a departure from approved plans or Plats as required under the permit, this
Chapter, or the construction requirements.
2. Notice. Written notice of revocation shall state a time frame to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation
notice except work that is either:
a. Necessary to correct a violation; or
b. Involves public safety and has the potential to create irreparable harm.
4. Failure to Correct. After the period to correct the violation lapses, and said violation has
not been corrected or abated, the City may take action to correct such violation and
may place a lien upon the property or improvements to the property in an amount to
cover all costs related to correction or abatement of the violation.
E. Stopping Work.
1. Administrative Official Authority. The Administrative Official shall have the authority,
with or without revoking permits, to stop any or all construction activity necessary to
halt, correct, or prevent a violation of this Chapter by issuing a written stop work order.
2. Issuance of Order. Upon issuance of a stop work order, the permittee and/or operator
shall immediately stop all activity until authorized, in writing, by the City to proceed.
Cease and Desist Orders. The City may issue a cease and desist order to close unlawful
land uses or to halt a violation of this Chapter.
Section 74-84 - Judicial Remedies
The City may seek the following judicial remedies or any other judicial remedy as permitted by
law to enforce this Chapter in any court of competent jurisdiction:
A. Injunctive Relief. The City may seek an injunction to stop any violation granted under this
Chapter. In any court proceedings in which the City seeks a preliminary injunction, it shall be
presumed that a violation of this Chapter is, or may be, an injury to the public health, safety
or general welfare or that public health, safety or general welfare may be irreparably injured.
B. Abatement. The City may seek a court order in the nature of mandamus, abatement, or
other action to abate or remove a violation, or to otherwise restore the premises in question
to the condition in which they existed prior to a violation.
25