ORD 1983-46 - Lot BoundariesORDINANCE NO. 83 -46
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, REGULATING THE DIVISION OF LAND INTO LOTS; ESTABLISHING
PROCEDURE, RULES, AND REGULATIONS FOR BOUNDARY LINE ADJUSTMENTS;
ESTABLISHING A PENALTY OF UP TO $200 A DAY FOR UNAUTHORIZED
BOUNDARY LINE ADJUSTMENTS; PROVIDING SAVINGS AND REPEALING
PROVISIONS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
Article IV, Boundary Line Adjustments, as presently constituted, and
by the adoption of a new Article IV, that shall read as follows:
Chapter 30. Article IV, Boundary Line Adjustments
SECTION 30 -30. Policy for Boundary Line Adjustments
It is the policy of the City to prevent creation or consolidation
of lots inconsistent with intent of this Chapter by boundary or lot
line adjustments.
SECTION 30 -31. Boundary Line Adjustments.
A boundary line adjustment is
(a) any division of land into two or more lots, if the division
is not a subdivision; or
(b) any adjustment in lot or tract boundary line such that the
same number of lots or tracts remain after the boundary line change;
or
(c) any consolidation of lots or tracts of land.
SECTION 30 -32. Unauthorized Boundary Line Adjustments Prohibited
(a) A person commits an offense if he adjusts a property
boundary line within the City of Huntsville that has not been
permitted as required by this Chapter.
(b) No map or plat of any boundary line adjustment within the
City of Huntsville or its extraterritorial jurisdiction shall be filed
or recorded until authorized by the City.
(c) The City shall not maintain streets, furnish water or sewer
service, assign street numbers, or issue building permits for any
property in any lot or tract of land modified by boundary line
adjustment not approved in accordance with this Chapter.
SECTION 30 -33. Application and Approval Process of Plat
(a) Application; fees
(1) The owners shall submit a plat application (Certifi-
cate of Boundary Line Adjustment) on forms provided by
the City for approval of the proposed boundary line
adjustment.
(2) The owners shall pay a filing fee of $10.00 per lot or
per acre, whichever is least.
(b) Form
The application shall show:
(1) The name and address of the owner or owners of the lots
affected by the boundary line adjustment, and the name
and address of the person or firm responsible for
preparing the application;
(2) the proposed boundary line adjustment at a recognized
engineering scale on paper at least 8 -1/2" X 14" but no
larger than 18" X 24 ";
(3) boundary lines with dimensions and bearings of the
tract proposed to be subdivided (in fine dashed lines);
(4) the date of preparation of the plat, north arrow and
scale;
(5) the layout of all lots (in heavy solid lines);
(6) the proposed name, if any, of the subdivision;
(7) proposed building setback lines;
(8) all existing structures or significant topographical
features;
(9) the approximate size of each lot;
(10) existing and proposed easements, streets and utilities
on or adjacent to the property showing type, location,
filing data and size;
(11) an indication of the type of monumentation existing and
proposed at all property corners.
(c) Action of City
Within 30 days of receipt of the preliminary plat by the City,
the City shall either approve, or disapprove the boundary line
adjustment.
(Crossreference replats)
SECTION 30-34. Standards
No plat for a boundary line adjustment shall be approved and no
improvements shall be accepted by the City unless such plats, lots
and facilities conform to the City of Huntsville's manuals and speci-
fications including:
(a) City of Huntsville Subdivision Design Standards (1982);
(b) City of Huntsville Construction Specifications for Public
Improvements (1982); and
(c) City of Huntsville Standard Drawings for Public Improvements
(1982).
Section 2: Any person, firm, or corporation violating any provisions
of this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up
to Two Hundred Dollars ($200.00) upon conviction. Each day during or
upon which said person shall violate or continue violation of any
provision of this Ordinance or non-compliance with any requirement of
this Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided,
however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be
cumulative of other Ordinances regulating and governing the subject
matter covered by this Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least one time within twenty days.
This ordinance shall take effect ten (10) days after the date of such
publication.
PASSED UNANIMOUSLY FIRST READING this A5rh day of OCTOt,ER , 1983.
PASSED SECOND READING this day of , 1983.
APPROVED this 25th day of OCTOBER , 1983.
THE CITY OF HUNTSVILLE
By
William V. Nash, Mayor
ATTEST:
nth DeShaw, City Secretary
APPROVED AS TO FORM:
ILL
Scott Bounds, City Attorney