ORD 2004-10 - Amend Development Code 04/06/2004ORDINANCE NO. 2004-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING THE DEVELOPMENT CODE OF
CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, CHAPTER
1, SECTION 102.4; CHAPTER 4, SECTION 403.3, CHAPTER 11,
SECTION 1103.3 AND CHAPTER 14 WITH CHAPTER 2, SECTION
211.2; RENUMBERING OF SECTIONS AS NECESSITATED BY THE
ADDING OF A NEW SECTION; PROVIDING A PENALTY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Development Code was adopted in June 1986 and has been amended
periodically to reflect the changing needs of the community and changes to the Texas Local Code
and other state and federal agencies; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments and
additions to clarify and keep current the Development Code; and
WHEREAS, the Planning and Zoning Commission held a public hearing on March 8, 2004, and
the City Council held a public hearing on April 6, 2004 for the purpose of soliciting public
comments on the proposed amendments and additions to the Development Code;
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1. Chapter 1, Section 102.4 of the Development Code is hereby amended to read:
102.4 Planning Officer
1) The City Manager shall appoint a Planning Officer and may appoint a Deputy
Planning Officer.
2) The Planning Officer or Deputy Planning Officer in the absence of the Planning
Officer, shall have the following powers and duties:
a. To make recommendations and provide assistance to the City Council,
Planning and Zoning Commission and Zoning Board of Adjustment
concerning the exercise of their responsibilities under the City's
Development Code;
b. To develop and recommend to the Planning and Zoning Commission and
City Council, a Comprehensive Plan for the City or any amendments to the
Plan and to propose actions to implement the Plan;
c. To coordinate all planning relating to the City's Comprehensive Plan;
d. To submit recommendation to the Planning and Zoning Commission, City
Council, and Zoning Board of Adjustment on requests for zoning changes,
variances and exceptions;
e. To render such administrative decisions as are required by the Planning
Officer by the City's Development Code; and
f. To perform such other duties as may be prescribed by ordinance or directed
by the City Manager, or Director of Planning and Development.
3) If the positions of Planning Officer and Deputy Planning Officer are vacant, then the
City Manager shall appoint who he deems necessary to fill the position.
SECTION 2. Chapter 2, Section 211.2, of the Development Code is hereby amended to read.
211.2 Final plat
(1) Application and approval process
(a) The developer shall submit an application, on forms provided by the Planning
Officer, for approval of a final plat of the proposed development to the
Commission.
(b) The plat may be presented for approval when the preliminary plat is presented.
(c) The developer shall submit ten (10) copies of the plat.
(2) Form
(a) The final plat and application shall be in substantial compliance with the
approved preliminary plat.
(b) The final plat shall show:
1) name of the subdivision;
2) the name and address of the owner or owners of the land to be divided, the
name and address of the developer and the name and address of the
engineer and/or surveyor;
3) the date of preparation; north arrow and scale;
4) key or location map showing location of the subdivision;
5) the entire subdivision, or section of it shall be to a scale which can be
measured with an engineering scale and shall provide a definite and
unambiguous representation of the platted lots;
6) a reference shall be cited on the plat to the record instrument(s) of which
the platted area is comprised of in whole or in part;
7) the total acres and total number of lots of the subdivision;
8) the names of all adjacent subdivisions or tracts with appropriate references
cited;
9) the names, locations, and widths of all existing and proposed streets,
easements, drainage ways, and other public ways, within or adjacent to the
platted property;
10) dimensions of distance and bearings or angular relationship of lines ,
necessary for an unambiguous location of all: exterior boundary, street
rights -of -way, lots, common areas, easements and building setback lines.
For tangent curvilinear lines labeling of: Central Angle, Radius and Arc
Length, for non - tangent curvilinear lines the Chord length and direction
shall be included. A labeling of at least one exterior corner with a
coordinate referenced to the Texas Plane Coordinate System of 1983,
Central Zone, as defined in V.T.C.A. Natural Resources Code § 21.076
unless otherwise approved by the City Engineer;
11)
labeling of intended purpose of all areas to be offered for dedication for
public use or reserved for the common use of the property owners within
the subdivision;
12)
all easements denoted by fine dashed lines, clearly identified, and if
already on record, the recorded reference of such easements; the width of
the easement with sufficient ties to locate it definitely with respect to the
subdivision;
13)
any easements located outside the boundaries of the plat, required for plat
approval;
14)
all blocks consecutively numbered, and all lots within each block
consecutively numbered;
15)
a certificate of ownership and dedication;
16)
a certificate by a surveyor that all details of the plat are correct;
17)
notation by surveyor of: basis of bearings, linear units, coordinate system,
values of reference or control stations and combined scale factor NOTE:
The City of Huntsville has adopted a combined scale factor of 0.99988 for
conversion to Texas Plane Coordinate System of 1983, Central Zone;
18)
spaces for certifications by the Planning Officer, City Engineer,
Chairperson of the Commission and County Clerk;
19)
all approved variances to the plat and the date of the Commission meeting
at which the variances were approved;
20)
any other information as may be necessary for the full and proper
consideration of the proposed subdivision;
Tex.Loc.Gov't Code §§ 212.004, .045; Tex.Prop.Code § 12.002.
(3) Action
(a) Within thirty (30) days of receipt of the final plat by the Planning Officer, the
Commission shall either approve, conditionally approve, or disapprove the plat.
(b) The Commission shall conditionally approve a final plat if it substantially
conforms to the approved preliminary plat. Conditional approval of a final plat
shall be deemed approval of the plat subject to:
1) the developer's construction and the City Engineer's acceptance of required
public improvements; or
2) the developer giving assurances approved by the City Attorney that
guarantee construction of the required improvements. The value of such
assurances shall be based on an estimate of the cost to construct all public
improvements, as determined by the developer's engineer and approved by
the City Engineer. Assurances shall take the form of performance and
payment bonds, cash deposits, certificates of deposit in the name of the
City, irrevocable letters of credit, or other forms approved by the City
Attorney.
Tex.Loc.Govlt Code §§ 212.010(a)(3),.0106, and .901.
(c) Upon approval of the final plat, the developer shall submit at least two
reproducible mylar copies of the approved plat to the City Engineer. The City
Engineer shall retain one mylar copy of the plat as a permanent record and one
copy shall be presented to the County Clerk. All mylar copies shall bear original
signatures.
(d) The Planning Officer shall record a copy of the approved final plat at the office
of the County Clerk when:
1) the developer constructs all the required improvements and the City
Engineer approves such improvements; or
2) the developer files assurances approved by the City Attorney that
guarantee construction of the required improvements.
3) The developer shall submit an electronic CAD file in Microstationg
(name.DGN) or AUTOCADD (name.DWG) format of the final plat.
The coordination of the file should be referenced to the Texas Plane
Coordinate System of 1983, Central Zone, or information provided for its
re-coordination.
(e) If the Commission disapproves or approves with conditions a final plat, the
developer may resubmit it to the Commission for reconsideration without fee,
(f) Where a final plat has not been filed for record and the developer has not
completed or substantially completed any required public improvements within
twelve (12) months of the approval or conditional approval of the subdivision
plat, the Commission shall review the final plat to determine the developer's
intent to proceed. For good cause, the Commission may extend for additional
one (1) year periods the approval of the final plat. If the Commission finds that
the developer does not intend to proceed with the development, the Commission
shall withdraw approval of the final plat.
212. FORMAT OF PLATS
(1) Certification and dedication
Forms for certification and dedication shall be placed on the final plat of all
subdivisions, as appropriate, as shown in the examples at the end of this chapter.
(2) Format
(a) The developer shall submit the final plat on sheets 18 inches by 24 inches with a
binding margin of not less than one and one -half (1 -1/2) inches on the left side of
the sheet and margins not less than one -half (1/2) inch on the other three sides.
(b) If the size of the subdivision is such that the full area cannot be covered on a
single sheet with space for titles and other required identification, the developer
shall draw the final plat on a number of separate sheets with matching lines to
facilitate joining the sheets together as a continuous composite plat. If more than
one sheet is necessary to accommodate the entire tract proposed for subdivision,
the developer shall furnish an index map showing the entire subdivision; the
developer shall show each portion of the subdivision on the index map. If more
than one sheet is so used, the developer shall submit photographic reductions of
the various sheets reduced in scale and joined to form a single total composite of
the plat on a sheet of high quality drafting film 18 inches by 24 inches.
213. PLAT AMENDMENTS; REPLATS; AND VACATING PLATS OF PROPERTY
IN THE CITY OR ITS EXTRATERRITORIAL JURISDICTION
(1) Besides the other requirements of this Code, any amending plat shall comply with the
requirements of state law, including Texas Local Government Code Chapter 212.
(2) If a proposed replat requires a variance and is protested according to Texas Local
Government Code Section 212.015(c), then the proposed replat must receive, to be
approved, the affirmative vote of at least three - fourths (3/4) of the members of the
Commission present.
See especially Tex.Loc.Gov't Code §§ 212.005, 212.015.
214. PLATS NOT REQUIRING RECORDATION IN THE COUNTY PLAT
RECORDS.
A plat is not required to be filed in the plat records of Walker County Clerk if:
(1) the plat or a written notice of lot consolidation is otherwise properly filed in the
permanent deed or public records of the County Clerk; and
(2) the plat is an amending plat, including a lot consolidation under Section 212.016(9) of
the Texas Local Government Code, and the City's Planning Officer finds that no public
easement is affected by the amending plat.
See also Tex.Loc.Gov't Code §§ 212.0045; 232.010.
SECTION 3. Chapter 4, Section 403.3, of the Development Code is hereby amended to read:
403.3 Establishment of districts
(1) For the purpose of protection, preservation, enhancement, perpetuation, and use of
landmarks, there is created landmark districts.
(2) A landmark district is an area that has special, historical or aesthetic interest and is
designated as a landmark district pursuant to this chapter.
(a) Seven thousand (7,000) feet from the Sam Houston Statue — Huntsville Visitor
Center; which would not allow the construction of a telecommunication tower
within seven thousand (7000') area and;
See also section 503.4(4)(a)
(b) Twenty -five hundred (2,500) feet from the center of the courthouse square,
which would not allow the construction of a telecommunication tower within the
twenty -five hundred (2,500') area, and;
See also section 503.4(4)(b)
(c) Area defined as the right of way of Veteran's Memorial Parkway beginning at its
most southern end at the intersection of the west feeder road of IH-45 and ending
at its intersection with Col. Etheredge Blvd.
1) Allow overhead facilities to be constructed on wooden poles along either
side of Veterans Memorial Parkway within 15' of the boundary line of
the right -of -way.
2) All crossing of utilities, whether service drops or primary shall be
underground across the right of way Veterans Memorial Parkway except
at state highways.
3) All overhead facilities proposed along that section of Veterans Memorial
Parkway at the Raven's Nest Golf Course shall be presented to City
Council for their approval with options and cost estimates for overhead
or underground facilities or re- routing around the perimeter of the golf
course.
SECTION 4. Chapter 11, Section 1103.3, of the Development Code is hereby amended to
read:
1103, MISCELLANEOUS SIGN PROVISIONS
1103.1 Christmas displays
Christmas displays and similar temporary displays erected without advertising shall not be subject
to the provisions of this chapter, but shall be subject to the Fire Code and rules and regulations for
fire safety promulgated by the Fire Marshal.
1103,2 Political signs
No permit shall be required for a sign erected solely for and relating to a public election for a
period commencing 60 days before and for 10 days following such public election, provided that
such un- permitted sign shall be located on private property only, shall be constructed of
lightweight material, and shall not exceed 50 square feet in size.
1103.3 Signs on public rights -of -way
(1) With the exception of signs lawfully permitted or erected prior to June 16, 1981, a
person commits an offense if the person places a sign upon a public street, public
sidewalk, public right -of -way, public curb or other public improvement without the
express consent of the City Council. A person may, however, place coin - operated
devices to display and vend newspapers and which do not impede vehicular or
pedestrian traffic.
(2) City Council authorizes the seizure and removal of any unlawful sign found within a
public right -of -way. The Building Official, street department employees, and police
department employees are authorized to impound any unlawful signs found on a
public right -of -way and to hold the same in a storage area for a period of not more
than thirty (30) days, except that any developer, political, real estate, garage sale or
other similar stake -type signs constructed of cloth, wood, paper or similar light weight
materials shall be disposed of immediately. Any sign held by the City may be
redeemed by the owner thereof upon the payment of a fee to the City of $50.00 for
hauling plus $10.00 per day storage. Such fee shall be in addition to and not in lieu of
any fine imposed upon the owner for violation of this Code. Any sign not redeemed
by the owner thereof within thirty (30) days may be disposed of in the same manner as
other abandoned and surplus property in the possession of the City.
(3) Temporary signs may be placed in the public right -of -ways when all of the following
conditions are met:
(a) temporary non - commercial signs designating an event may be placed within
the public right -of -way provided the person or entity desiring to place said
signs in the right -of -way obtain a permit to do so from the Chief Building
Official of the City. The signs must be free standing, i.e. cannot be attached to
a utility pole, sign pole, or other permanent structure in the right -of -way, and
cannot exceed the size of six (6) square feet;
(b) a temporary sign may not be placed in the right -of -way for a period exceeding
twenty-one (2 1) days;
(c) a limit of two permits per year (per organization) with a minimal time period
of forty-five (45) days between permit periods.
(d) removal of the temporary signs must be accomplished before the twenty -
second (22nd) from when the permit was issued by the responsible person, as
noted on the permit;
(e) a limit of two signs per intersection must not be exceeded and one (1) sign per
city block;
(f) a maximum of fifty (50) signs may be placed within the city limits under the
guidelines of this section;
(g) failure to remove signs by the eighth (8") day will place each sign and the
responsible person, as noted on the permit, under the regulations as written in
(1) and (2) of 1103.3 of the Code;
(h) signs shall not display any language or script or design that is considered adult
content or discriminatory towards race or religion;
(i) each placed sign must have affixed to it a stamp or sticker as provided by the
Building Official that includes the permit number and contact information; and
(j) no temporary signs are allowed on IH-45 or State Highway 19 rights of way.
1103.4 Signs not to obstruct
(1) A person commits an offense if the person erects, constructs, or maintains a sign that
obstructs any means of egress, or any opening necessary for required light, ventilation
or fire fighting or for escape from the premises, or prevents free passage from one part
of a roof to any other part.
(2) A person commits an offense if the person attaches a sign to any exterior stairway, fire
escape, fire tower balcony, or balcony serving as a horizontal exit.
(3) A person commits an offense if the person erects, constructs, or maintains
(a) a sign that interferes with the free operation of a counterbalanced section of a
fire escape; or
(b) a projecting sign without a minimum of seven feet of clearance over a
counterbalanced section of a fire escape.
(4) No sign shall obstruct the free use of any window.
SECTION 5. Chapter 14 of the Development Code is hereby amended to read:
CHAPTER 14., SURVEYING AND MONUMENTATION
(3) STANDARDS
All surveys shall conform to the current Rules of Procedures and Practices of the Texas Board of
Professional Land Surveying.
1402 COORDINATE SYSTEM
The developer shall reference all surveys for subdivisions (other than those meeting the
requirements for a MINOR PLAT) to the City of Huntsville Mapping Control Network. This
network is referenced to the Texas Plane Coordinate System of 1983, Central Zone, as defined in
V.T.C.A. Natural Resources Code § 21.076 unless otherwise approved by the City Engineer. See:
Section 211.2 (2) of Development Code.
MONUMENTATION
Standards
The developer shall set, or leave as found, sufficient, stable and reasonably permanent survey
markers to represent or reference the property or boundary corners, angle points and points of
curvature or tangency in accordance with the standards, defined in Section 663.17 -
Monumentation, of the current Rules of Procedures and Practices of the Texas Board of
Professional Land Surveying Professional Land Surveying.
1401.2 Certification
The City Engineer shall not accept new street construction or other public improvements until the
developer causes to be installed all required monuments and ties at the completion of the
construction.
1403. MONUMENTATION REQUIREMENTS
All monumentation shall be completed prior to the filing of the final plat.
Monuments shall be left exposed for field inspection by the City Engineer or his designee.
SECTION 6. This ordinance shall take effect immediately from and after the date of its
passage.
PASSED AND APPROVED this the 6th day of March 2004.
ATTEST:
OD.an.na Welter, City Secretary
CITY OF HUNTSVILLE, TEXAS
Karl Davidson, Ma or
APPROVED AS TO FORM:
Thomas A. Lee e , Citf Attorney
L
Ok
DEVELOPMENT
CODE
A GUIDE TO THE DEVELOPMENT OF LAND
Proposed Revisions
Public Hearing
on
April 6, 2004
6:00 P.M.
at
City Hall
1212 Ave. M
Chapter 1, Section 102.4
Chapter 4, Section 403.3
Chapter 11, Section 1103.3
Chapter 14
with Chapter 2, Section 211.2
CITY OF HUNTSVILLE, TEXAS
Revised March 8, 2004
If color copy, black print is existing code, red indicates staff recommendations and blue
indicates changes recommended by Planning and Zoning Commission from their meeting
on March 8, 2004.
Insert Charter 1
102.4 Planning Officer
1) The City Manager shall appoint a Planning Off cer and may appoint a Deputy
Planning Officer.
2) The Planning Officer or Deputy Planning Off cer in the absence of the
Planning Officer, shall have the following powers and duties:
a. To make recommendations and provide assistance to the City Council,
Planning and Zoning Commission and Zoning Board ofAdjustment
concerning the exercise of their responsibilities under the City's
Development Code;
b. To develop and recommend to the Planning and Zoning Commission
and City Council, a Comprehensive Plan for the City or any
amendments to the Plan and to propose actions to implement the Plan;
c. To coordinate all planning relating to the City's Comprehensive Plan:
d. To submit recommendation to the Planning and Zoning Commission,
City Council, and Zoning Board of Adjustment on requests. for zoning
changes, variances and exceptions;
e. To render such administrative decisions as are required by the
Planning Officer by the City's Development Code: and
f. To perform such other duties as may be prescribed by ordinance or
directed by the City Manager, or Director of Planning and
Development.
3) If the positions of Planning Officer and Deputy Planning Officer are vacant,
then the City Manager shall appoint who he deems necessary to fill the position.
If color copy, black print is existing code, red indicates staff recommendations and blue indicates
changes recommended by Planning and Zoning Commission from their meeting on March 8,
2004.
403.3 Establishment of districts
(1) For the purpose of protection, preservation, enhancement, perpetuation, and use of
landmarks, there is created landmark districts.
(2) A landmark district is an area that has special, historical or aesthetic interest and is
designated as a landmark district pursuant to this chapter.
(a) Seven thousand (7,000) feet from the Sam Houston Statue — Huntsville Visitor
Center; which would not allow the construction of a telecommunication tower
within seven thousand (7000) area and;
See also section 503.4(4)(a)
(b) Twenty -five hundred (2,500) feet from the center of the courthouse square, which
would not allow the construction of a telecommunication tower within the twenty-
.five hundred (2,500 ) area, and;
See also section 503.4(4)(b)
(c) Area defined as the right of way of Veterans Memorial Parkway beginning at its
most southern end at the intersection of the west feeder road of IH -45 and ending
at its intersection with Col. Etheredge Blvd.
1) Allow abeivw ground u6Uties overhead facilities to be constructed on
wooden poles along either side of Veterans Memorial Parkway within 15'
of the boundary line of the right -of -way.
2) All crossing of utilities, whether service drops or primary shall be
underground across the right of way Veterans Memorial Parkway except
at state highways.
3) All above ground utilities overhead facilities proposed along that section
of Veterans Memorial Parkway at the Raven's Nest Golf Course shall be
presented to City Council for their approval with options and cost
estimates_for overhead or underground wififies facilities or re- routing
around the perimeter of the golf course.
If color copy, black print is existing code, red indicates staff recommendations and blue
indicates changes recommended by Planning and Zoning Commission from their meeting
on March 8, 2004.
1103. MISCELLANEOUS SIGN PROVISIONS
1103.1 Christmas displays
Christmas displays and similar temporary displays erected without advertising shall not
be subject to the provisions of this chapter, but shall be subject to the Fire Code and rules
and regulations for fire safety promulgated by the Fire Marshal.
1103.2 Political signs
No permit shall be required for a sign erected solely for and relating to a public election
for a period commencing 60 days before and for 10 days following such public election,
provided that such un- permitted sign shall be located on private property only, shall be
constructed of lightweight material, and shall not exceed 50 square feet in size.
1103.3 Signs on public rights -of -way
(1) With the exception of signs lawfully permitted or erected prior to June 16,
1981, a person commits an offense if the person places a sign upon a public
street, public sidewalk, public right-of-way, public curb or other public
improvement without the express consent of the City Council. A person may,
however, place coin - operated devices to display and vend newspapers and
which do not impede vehicular or pedestrian traffic. This seetien does no
(2) City Council authorizes the seizure and removal of any unlawful sign found
within a public right -of -way. The Building Official, street department
employees, and police department employees are authorized to impound any
unlawful signs found on a public right -of -way and to hold the same in a storage
area for a period of not more than thirty (30) days, except that any developer,
political, real estate, garage sale or other similar stake -type signs constructed of
cloth, wood, paper or similar light weight materials shall be disposed of
immediately. Any sign held by the City may be redeemed by the owner
thereof upon the payment of a fee to the City of $50.00 for hauling plus $10.00
per day storage. Such fee shall be in addition to and not in lieu of any fine
imposed upon the owner for violation of this Code. Any sign not redeemed by
the owner thereof within thirty (30) days may be disposed of in the same
manner as other abandoned and surplus property in the possession of the City.
(3) Temporary signs may be placed in the public right -of -ways when all of the
following conditions are met:
(a) temporary non - commercial signs designating an event may be placed
within the public right- of -wav provided the person or entity desiring to
place said signs in the right -of -way obtain a permit to do so from the
Chief Building Ofticial of the City. The signs must be free standing, i.e.
cannot be attached to a utility pole, sign pole, or other permanent
structure in the right- o%wav, and cannot exceed the size of' six (6)
square. feet;
(b) a temporary sign may not be placed in the right -of -Nay _for a period
exceeding twenty-one (21) days;
(c) a limit of two permits per year (per organization) with a minimal time
period of forty -five (45) days between permit periods.
(d) removal of the temporary signs must be accomplished before the twenty -
second (22nd) from when the permit was issued by the responsible
person, as noted on the permit;
(e) a limit of two signs per intersection must not be exceeded and one (1)
sign per city block;
(� a maximum of fifty (50) signs may be placed within the city limits under
the guidelines of this section;
(g) failure to remove signs by the eighth (8'h) day will place each sign and
the responsible person, as noted on the permit, under the regulations as
written in (1) and (2) of 1103.3 of the Code;
(h) signs shall not display any language or script or design that is
considered adult content or discriminatory towards race or religion;
(i) each placed sign must have affixed to it a stamp or sticker as provided by
the Building Official that includes the permit number and contact
information; and
(j) no temporary signs are allowed on IH -45 or State Highway 19 rights of
way.
1103.4 Signs not to obstruct
(1) A person commits an offense if the person erects, constructs, or maintains a
sign that obstructs any means of egress, or any opening necessary for required
light, ventilation or fire fighting or for escape from the premises, or prevents
free passage from one part of a roof to any other part.
(2) A person commits an offense if the person attaches a sign to any exterior
stairway, fire escape, fire tower balcony, or balcony serving as a horizontal
exit.
(3) A person commits an offense if the person erects, constructs, or maintains
(a) a sign that interferes with the free operation of a counterbalanced section
of a fire escape; or
(b) a projecting sign without a minimum of seven feet of clearance over a
counterbalanced section of a fire escape.
(4) No sign shall obstruct the free use of any window.
If color copy, black print is existing code, red indicates staff recommendations and blue indicates changes
recommended by Planning and Zoning Commission from their meeting on March 8, 2004.
CHAPTER 14. , SURVEYING AND MONUMENTATION AND DRAFTING
STANDARDS
1401. STANDARDS
All surveys shall conform to the current Rules of Procedures and Practices of the Texas
Board of Professional Land Surveying.
1402 COORDINATE SYSTEM
The developer shall reference all surveys for subdivisions (other than those meeting the
requirements for a MINOR PLAT) to the City of Huntsville Mapping Control Network.
This network is referenced to the Texas Plane Coordinate System of 1983, Central Zone,
as defined in V. T. C.A. Natural Resources Code ¢ 21.076 unless otherwise approved by
the City Engineer. See: Section 211.2 (2) of Development Code.
440-1E. MONUMENTATION
4401� Standards
The developer shall m ent all new stfeets and "ubdiv sie set, or leave as_found,
sufficient, stable and reasonably permanent survey markers to represent or reference the
property or boundary corners, angle points and points of curvature or tangency in
accordance with the standards, shown in this eede and defined in Section 663.17 -
Monumentation, of the current Rules of Procedures and Practices of the Texas Board of
Professional Land Surveying Professional Land Surveying.
1401.2 Certification
The City Engineer shall not accept new street construction or other public
improvements until the developer causes to be installed all required monuments and ties
and eeffified as to safne en the final plat by a sufveyef: at the completion of the
construction.
1403. MONUMENTATION REQUIREMENTS
All monumentation shall be completed prior to the filing of final plat.
.f 9 fil
Monuments shall be left exposedforfield inspection by the City Engineer or his designee.
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If color copy, black print is existing code, red indicates staff recommendations and blue indicates changes
recommended by Planning and Zoning Commission from their meeting on March 8, 2004.
211.2 Final plat
(1) Application and approval process
(a) The developer shall submit an application, on forms provided by the
Planning Officer, for approval of a final plat of the proposed development
to the Commission.
(b) The plat may be presented for approval when the preliminary plat is
presented.
(c) The developer shall submit ten (10) copies of the plat.
(2) Form
(a) The final plat and application shall be in substantial compliance with the
approved preliminary plat.
(b) The final plat shall show:
1) name of the subdivision;
2) the name and address of the owner or owners of the land to be
divided, the name and address of the developer and the name and
address of the engineer and/or surveyor;
3) the date of preparation of the plat; north arrow and scale;
4) key or location map showing location of the subdivision;
5) the entire subdivision, or section of it,
,t,.., .l . «.... «+ —4- .« . .CA_ . r 11 ._.:« _ 1 t n — I nt. t n — CAI. t Ir —
t 00% t 200% t 400' shall be to a eenvement -scale which can
be measured with an engineering scale and shall provide a definite
and unambiguous representation of the platted lots;
6) a reference shall be cited on the plat to the record instrument(s) of
which the platted area is comprised of in whole or in part; an
7) the total acres and total number of lots of the subdivision;
8) the names of all adjacent subdivisions or tracts with appropriate
references cited;
9) and the names, locations, and widths of all existing and proposed
streets, easements, drainage ways, and other public ways, within or
nex4 adjacent to the platted property;
10) dimensions of distance and bearings or angular relationship of lines,
necessary for an unambiguous location of all: exterior boundary,
street rights -of -way, lots, common areas, easements and building
setback lines. For tangent curvilinear lines labeling or Central
Angle, Radius and Arc Length, for non - tangent curvilinear lines the
Chord length and direction shall be included. A labeling of at least
one exterior corner with a coordinate referenced to the Texas Plane
Coordinate System of 1983, Central Zone, as defined in V. T. C.A.
Natural Resources Code § 21.076 unless otherwise approved by the
City Engineer;
9) the betmdai=y
the
bleek
boundeFy,
of subdivided area,
street,
and e
the r-i& ef way
lines with
>
>
where these lines
fellew a > geemetfie
da4a;t
X11) labeling of intended purpose of all areas the aeeufate dimensions
of ed! preper-ty to be offered for dedication for public use, and a4l
prepeft or reserved for the common use of the property owners
within the subdivision, with the pwpeses indieated-, all Seth eks eT
building lines x7,.,77 be ,7;....ensi,.ne anEVer- r-efer-eneed 40f the
prepeAy lines established by the p! ;
44) the dimensiens ef all lots and let lines, and the beafings ef these let
lines along with sethaeks and/or- other- building 1i
4-2)12) all easements denoted by fine dashed lines, clearly identified, and
if already on record, the recorded reference of such easements; the
width of the easement with sufficient ties to locate it definitely with
respect to the subdivision;
4-3)13) any easements located outside the boundaries of the plat, required
for plat approval;
44)14) all blocks consecutively numbered, and all lots within each block
consecutively numbered;
4-S)15) a certificate of ownership and dedication;
4)16) a certificate by a surveyor that all details of the plat are correct;
17) notation by surveyor of basis of bearings, linear units, coordinate
system, values of reference or control stations and combined scale
factor NOTE: The City of Huntsville has adopted a combined scale
factor of 0.99988.for conversion to Texas Plane Coordinate System
of 1983, Central Zone;
4-7)18)spaces for certifications by the Planning Officer, City Engineer,
Chairperson of the Commission and County Clerk;
4 -9)19) all approved variances to the plat and the date of the Commission
meeting at which the variances were approved;
4-9) 20) any other information as may be necessary for the full and proper
consideration of the proposed subdivision;
Tex.Loc.Gov't Code §§ 212.004, .045; Tex.Prop.Code § 12.002.
(3) Action
(a) Within thirty (30) days of receipt of the final plat by the Planning Officer,
the Commission shall either approve, conditionally approve, or disapprove
the plat.
(b) The Commission shall conditionally approve a final plat if it substantially
conforms to the approved preliminary plat. Conditional approval of a final
plat shall be deemed approval of the plat subject to:
1) the developer's construction and the City Engineer's acceptance of
required public improvements; or
2) the developer giving assurances approved by the City Attorney that
guarantee construction of the required improvements. The value of
such assurances shall be based on an estimate of the cost to construct
all public improvements, as determined by the developer's engineer
and approved by the City Engineer. Assurances shall take the form
of performance and payment bonds, cash deposits, certificates of
deposit in the name of the City, irrevocable letters of credit, or other
forms approved by the City Attorney.
Tex.Loc.Gov't Code §§ 212.010(a)(3),.0106, and .901.
(c) Upon approval of the final plat, the developer shall submit at least two
reproducible mylar copies of the approved plat to the City Engineer. The
City Engineer shall retain one mylar copy of the plat as a permanent
record and one copy shall be presented to the County Clerk. All mylar
copies shall bear original signatures.
(d) The Planning Officer shall record a copy of the approved final plat at the
office of the County Clerk when:
1) the developer constructs all the required improvements and the City
Engineer approves such improvements; or
2) the developer files assurances approved by the City Attorney that
guarantee construction of the required improvements.
3) The developer shall submit an electronic CAD file in MicrostationL
(name.DGN) or AUTOCAD,* (name.DWG)_format of the final plat. The
coordination of the file should be referenced to the Texas Plane
Coordinate System of 1983, Central Zone, or information provided for its
re- coordination.
(e) If the Commission disapproves or approves with conditions a final plat,
the developer may resubmit it to the Commission for reconsideration
without fee.
(f) Where a final plat has not been filed for record and the developer has not
completed or substantially completed any required public improvements
within twelve (12) months of the approval or conditional approval of the
subdivision plat, the Commission shall review the final plat to determine
the developer's intent to proceed. For good cause, the Commission may
extend for additional one (1) year periods the approval of the final plat. If
the Commission finds that the developer does not intend to proceed with
the development, the Commission shall withdraw approval of the final
plat.
212. FORMAT OF PLATS
(1) Certification and dedication
Forms for certification and dedication shall be placed on the final plat of all
subdivisions, as appropriate, as shown in the examples at the end of this chapter.
(2) Format
(a) The developer shall submit the final plat on sheets 18 inches by 24 inches
with a binding margin of not less than one and one -half (1 -1 /2) inches on
the left side of the sheet and margins not less than one -half (1/2) inch on
the other three sides.
(b) If the size of the subdivision is such that the full area cannot be covered on
a single sheet with space for titles and other required identification, the
developer shall draw the final plat on a number of separate sheets with
matching lines to facilitate joining the sheets together as a continuous
composite plat. If more than one sheet is necessary to accommodate the
entire tract proposed for subdivision, the developer shall furnish an index
map showing the entire subdivision; the developer shall show each portion
of the subdivision on the index map. If more than one sheet is so used, the
developer shall submit photographic reductions of the various sheets
reduced in scale and joined to form a single total composite of the plat on
a sheet of high quality drafting film 18 inches by 24 inches.
213. PLAT AMENDMENTS; REPLATS; AND VACATING PLATS OF
PROPERTY IN THE CITY OR ITS EXTRATERRITORIAL
JURISDICTION
(1) Besides the other requirements of this Code, any amending plat shall comply with
the requirements of state law, including Texas Local Government Code Chapter
212.
(2) If a proposed replat requires a variance and is protested according to Texas Local
Government Code Section 212.015(c), then the proposed replat must receive, to
be approved, the affirmative vote of at least three- fourths (3/4) of the members
of the Commission present.
See esueciat! Tex.Loc.Gov't Code §§ 212.005, 212.015.
214. PLATS NOT REQUIRING RECORDATION IN THE COUNTY PLAT
RECORDS.
A plat is not required to be filed in the plat records of Walker County Clerk if:
(1) the plat or a written notice of lot consolidation is otherwise properly filed in the
permanent deed or public records of the County Clerk; and
(2) the plat is an amending plat, including a lot consolidation under Section
212.016(9) of the Texas Local Government Code, and the City's Planning
Officer finds that no public easement is affected by the amending plat.
See also Tex.Loc.Gov't Code §§ 212.0045; 232.010.