ORD 1983-18 - Community DevelopmentORDINANCE NO. 83 -18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 30, COMMUNITY DEVELOPMENT, OF THE CODE
OF ORDINANCES, BY AMENDING ARTICLE II, SUBDIVISIONS, AND
ARTICLE IV, BOUNDARY LINE ADJUSTMENTS; PROVIDING A PENALTY OF
UP TO $200.00 FOR CERTAIN OFFENSES; PROVIDING REPEALING AND
SAVINGS CLAUSES; 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
subsection 30- 12(d), as presently constituted, and by the adoption of a
new subsection 30 -12(d) that shall read:
(d) The provisions of this article shall not apply to any
subdivision, recorded or unrecorded, that was in existence prior
to passage of this article nor to any lot of such subdivision, the
last recorded conveyance of which was prior to passage of this
article. Such a subdivision must, however, have been platted and
any streets shown thereon must have been accepted for ownership
and maintenance by the City or the County, or the plat must have
been approved by the City or the Commissioner's Court prior to the
passage of this article.
Section 2: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
subsection 30- 13(b), as presently constituted, and by the adoption of a
new subsection 30 -13(b) that shall read:
(b) Form.
The preliminary plat shall show:
(1) the name and address of the owner or owners of the land to be
subdivided, the name and address of the subdivider and the
name and address of the licensed public surveyor;
(2) the proposed development plan for the entire tract at a scale
no greater than 1" = 400';
(3) key or location map showing location of the subdivision;
(4) the date of preparation of the plat, north arrow and scale;
(5) location and width of existiny streets adjacent to the
property;
(6) the proposed layout of streets and public areas;
(7) boundary lines with approximate dimensions and bearings, of
the tract proposed to be subdivided;
(8) ground elevations of the property on at least 2 foot contours
based on City topographic maps (if available), USGS maps or
other maps of equal or greater detail;
(9) existing major easements on or adjacent to the property
showing location, width and purpose;
(10) existing and proposed utilities (water, sewer, and storm
drainage facilities) on or adjacent to the property showing
type, location and size;
(11) existing watercourses, flood plains and storm drainage, and
the areas subject to flooding based on the regulatory flood
plain maps;
(12) a typical lot or layout of all lots with approximate lot
sizes;
(13) density in dwelling units per gross acre;
(14) total acreage (including reserves and streets) of the
subdivision;
(15) total number of lots proposed for development in the
subdivision, excluding reserves;
(16) list of all requested variances;
(17) the proposed name of the subdivision;
(18) all land adjacent to and directly across all existing streets
from the proposed subdivision with the names and addresses of the
owners of such land as shown on the current tax roll;
Section 3: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
subsection 30- 14(b)(5), as presently constituted, and by the adoption of
new subsection 30- 14(b)(5) that shall read:
(5) the entire subdivision, or section thereof, that is proposed
for final approval at one of the following scales: 1" = 20',
1" = 50', 1" = 100', 1" = 200', 1" = 400';
Section 4: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
subsection 30- 14(c)(2)(b), as presently constituted, and by the adoption
of a new subsection 30- 14(c)(2)(b) that shall read:
(c)(2)(b) the subdivider giving assurances approved by the City that
guarantee construction of the required public 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.
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 as
may be approved by the City.
Section 5: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
subsection 30- 33(b), as presently constituted, and by the adoption of a
new subsection 30 -33(b) that shall read:
(b) Form
The preliminary plat (and application) shall show:
(1) The name and address of the owner or owners of the lot
affected by the boundary line adjustment, and the name and
address of a licensed public surveyor;
(2) the proposed boundary line adjustment at a scale no smaller
than 1" = 100', on paper at least 8 1/2" x 11" but no larger
than; 18" x 24 ";
(3) boundary lines with approximate dimensions and bearings, of
the tract proposed to be subdivided;
(4) the date or preparation of the plat, north
arrow and scale;
(5) the layout of all lots;
(6) the proposed name of the subdivision;
(7) a location map;
(8) proposed building setback lines;
(9) all existing structures or significant topographical features;
(10) the approximate size of each lot;
(11) ground elevation of the property on at least 2 foot contours
based on City topographic maps (if available), USGS maps or
other maps of equal or greater detail;
(12) existiny and proposed easements, streets and utilities on or
adjacent to the property showing type, location, filing data
and size;
(13) the names and addresses of the owners of all land adjacent to
and directly across all existing streets from the proposed
boundary line adjustment.
Section 6: Chapter 30, Community Development, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
subsection 30- 34(b), as presently constituted, and by the adoption of
new subsection 30 -34(b) that shall read:
(b) The final plat and application shall be in substantial compliance
with the approved preliminary plat and shall show:
(1) the name and address of the owner or owners of the land
affected by the boundary line adjustment, and the name and
address of a licensed public surveyor;
(2) the date of preparation of the plat, north
arrow and scale;
(3) a location map;
(4) the subdivision name;
(5) building setback lines;
(6) all lots or tracts of land affected by the boundary line
adjustment at one of the following scales: 1" = 20', 1" =
40', 1" = 50', 1" - 100', 1" = 200', or 1" = 400';
(7) existing and proposed easements, streets, utilities on or
adjacent to the property showing type, location, size and
filing data; and
(8) an accurate rendering of the lot lines for all lots proposed
for development and for all easements, showing bearings and
distances for all lines; and
(9) a certificate of ownership;
(10) a certificate of a Registered Public Surveyor;
(11) spaces for certification by the Director of Planning, City
Engineer and Walker County Clerk.
Section 7. Any person, firm or corporation violating any provision 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 ($200.00) dollars 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 8. 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 9. 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.
i •
Section 10. 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 days after the date of such
publication.
PASSED UNANIMOUSLY FIRST READING THIS 21st day of June , 1983.
PASSED SECOND READING THIS day of , 1983.
APPROVED THIS 21st day of June , 1983.
THE CITY OF HUNTSVILLE
BY
Mayor
ATTEST:
APPROVED AS TO FORM:
Scott Bounds, City Attorney