Loading...
ORD 1982-07 - SubdivisionORDINANCE NO. 82 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 30, COMMUNITY DEVELOPMENT, OF ITS CODE OF ORDINANCES BY THE ADDITION OF ARTICLE II, SUBDIVISIONS; ARTICLE III, CONSTRUCTION OF PUBLIC IMPROVEMENTS; AND ARTICLE IV, BOUNDARY LINE ADJUSTMENTS, LOT SPLITS, AND LOT LINE ADJUSTMENTS; REGULATING THE SUBDIVISION OF LAND IN THE CITY OF HUNTSVILLE AND ITS EXTRATERRITORIAL JURISDICTION; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE; ESTABLISHING MINIMUM DESIGN STANDARDS FOR SUBDIVIDED LOTS; PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING THOSE RULES, REGULATIONS AND STANDARDS; REQUIRING AND REGULATING THE PERMIT OF BOUNDARY LINE ADJUSTMENTS, LOT SPLITS OR LOT LINE ADJUSTMENTS; ESTABLISHING MINIMUM DESIGN STANDARDS FOR BOUNDARY LINE ADJUSTMENTS, LOT SPLITS AND LOT LINE ADJUSTMENTS; REQUIRING AND REGULATING THE PERMIT OF CONSTRUCTION OF PUBLIC IMPROVEMENTS; ESTABLISHING MINIMUM DESIGN STANDARDS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS; REGULATING STREET LAYOUTS AND EASEMENT DEDICATION; REGULATING DEVELOPMENT OF WATER, SANITARY SEWER AND STORM DRAINAGE FACILITIES; MAKING OTHER VARIOUS PROVISIONS THERETO RELATED; PRESCRIBING A PENALTY OF UP TO $200 FOR EACH VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATES HEREOF. WHEREAS the City Council of the City of Huntsville, Texas finds that the unregulated development of property within the City and its extraterritorial jurisdiction pose a threat to the health, safety, and welfare of persons residing within and adjacent to the City; and WHEREAS this Council finds that strict compliance with the design standards and rules set out herein is necessary for orderly development within the City and the extraterritorial jurisdiction, an area the City shall likely annex and /or provide certain municipal services; and WHEREAS the following regulations are necessary to provide orderly development and to secure adequate provision for light, air, recreation, transportation, water, drainage, sewage and other public facilities; NOW THEREFORE 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 addition of a new Article II, Subdivisions, to which said article shall read as provided in Exhibit "A" (attached hereto, and made a part hereof for all intents and purposes). Section 2: Chapter 30, Community Development of the Code of Ordinances of the City of Huntsville, Texas, is hereby further amended by the addition of a new Article III, Construction of Public Improvements, which shall read as provided in Exhibit "B" (attached hereto and made a part hereof for all intents and purposes). Section 3: Chapter 30, Community Development of the Code of Ordinances of the City of Huntsville, Texas, is hereby further amended by the addition of a new Article IV, Boundary Line Adjustments, which shall read as provided in Exhibit "C" (attached hereto and made a part hereof for all intents and purposes). Section 4: The City of Huntsville Design Criteria Manual (1982) (attached hereto as Exhibit "D ") is hereby in all things adopted and approved. Section 5: The City of Huntsville Construction Specifications for Public Improvements (1982) (attached hereto as Exhibit "E ") is hereby in all things adopted and approved. Section 6: The City of Huntsville Standard Drawings for Public Improvements (1982) (attached hereto as Exhibit "F") is hereby in all things adopted and approved. Section 7: Chapter 11, Manufactured Home Subdivisions of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal of Section 11B-31 as presently constituted, and by the adoption of a new Section 11B-31 that shall read as follows: Section 11B-31. Generally. Reference should be made to Chapter 30, Community Development, of this volume. Section 8. 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 9. 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 10. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; in particular, Appendix "A" of the Code of Ordinances is 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. 1 Section 11. 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. PASSEU UNANIMOUSLY FIRST READING THIS_-?(17K day of /9tree 1982. PASSED SECOND READING THIS day of 1982. ,/, APPROVED THIS 3,3 day of 1982. ATTEST: CAPRC /4 -Ad e haw, City ecretary APPROVED AS TO FORM: Si 4014444_,_ Scott Bounds, City Attorney THE C ITY OF HUNTSVILLE BY William V. Nash, Mayor EXHIBIT "A" ARTICLE II, SUBDIVISIONS Chapter 30. Article II SUBDIVISION SECTION 30-10. Policies for the Subdivision of Land It is the policy of the City of Huntsville to control the subdivision of land in order to promote orderly growth while maintaining the character and protecting the health, safety and general welfare of the community. Any subdivision of land within the City or its extraterritorial jurisdiction shall: (a) Conform to the comprehensive plan and capital improvement program of the City. (b) Provide easements and confirm the availability of water, sewer, storm drainage, public streets, public building sites and parks for the subdivision. (c) Preserve the natural beauty and general character of the community, including: (1) maximum utilization of existing plant life; (2) maximum conformity to existing topography; and (3) erosion control (d) Comply with all applicable ordinances and policies of the City. (e) Comply with the literal requirements of this chapter unless conditions of the subdivision indicate a more reasonable design is possible with variances from such requirements. A more reasonable design would conform to the policies of this chapter and accrue advantages to the lot owner(s). SECTION 30-11 SUBDIVISION. A subdivision is any division of land into two or more parts if any portion is intended for public use, if the owners of the divided parts share any water, sanitary sewer, storm drainage or access easement or facility, or if a new street, public or private, is constructed or dedicated. SECTION 30-12 Unauthorized Subdivisions Prohibited (a) A person commits an offense if he sells property within the City of Huntsville that has not been subdivided as required by this chapter. (b) No map or plat of any subdivision within the City of Huntsville or its extra-territorial jurisdiction shall be filed or recorded until authorized by the Commission. (c) The City shall not maintain streets, furnish water or sewer service, assign street numbers, or issue building permits for construction of any building for any property in any subdivision not approved in accordance with this Chapter. (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. SECTION 30-13: Preliminary Plat: Application and Approval Process (a) Application; fees. (1) The subdivider shall submit an application on forms provided by the City for approval of a preliminary plat of the proposed subdivision to the City. (2) The subdivider shall pay a filing fee of $20.00 per acre for every preliminary plat submitted to the City up to a maximum of five hundred dollars ($500.00). (3) The subdivider shall submit ten (10) copies of the preliminary plat. (b) Form. The preliminary plat and application 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 professional engineer and/or 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 existing streets adjacent to the property; (6) the proposed layout of streets and public areas; (7) boundary lines and an accurate legal description 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; (13) density in dwelling units per gross acre; (14) list of all requested variances; (15) all land within 150' of the proposed subdivision with the names and addresses of the owners of such land as shown on the current tax roll; (c) Action of Commission (1) Within 30 days of receipt of the preliminary plat by the City, the Commission shall either conditionally approve, conditionally approve with modifications, or disapprove the preliminary plat. (2) Conditional approval of a preliminary plat shall be deemed approval of the layout submitted as a guide for installation of streets, water, sewer and other required improvements and for preparation of the final plat. (3) Conditional approval shall be effective for one year; provided, however, the Commission may extend the effective approval of the preliminary plat one additional year. (4) If a preliminary plat is disapproved or conditionally approved with modifications, it may be resubmitted to the Commission for consideration without fee. SECTION 30 -14: Final Plat: Application and Approval Process (a) Application. (1) The subdivider shall submit an application, on forms provided by the City, for approval of a final plat of the proposed subdivision to the City. (2) The final plat may be presented for approval at the same time the preliminary plat is presented. (3) The Subdivider shall submit three (3) copies of the plat; (b) Form. The final plat and application shall be in substantial compliance with the approved preliminary plat and 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 subdivider and the name and address of the professional engineer and /or licensed public 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 thereof, that is proposed for final approval at a scale of 1" = 100 feet; (6) an accurate legal description of the property; (7) the total acres and total number in lots of the subdivision; (8) the names of all adjacent subdivisions and the names, locations, and widths of all existing and proposed streets, easements, drainage ways, and other public ways, within or adjacent to the property; (9) the boundary of the subdivided area, block boundary, street, and other right -of -way lines with distances, angles, and /or bearings, and where these lines follow a curve, geometric data; (10) the accurate dimensions of all property to be offered for dedication for public use, and all property reserved for the common use of the property owners within the subdivision, with purposes indicated; (11) the dimensions of all lots and lot lines, and the bearings of those lot lines along with setbacks and /or other building lines; (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 must also be shown; (13) any easements located outside of the boundaries of the plat, required for plat approval; (14) all blocks consecutively numbered, and all lots within each block consecutively numbered; (15) a list of all variances approved by the Commission and the date of approval; (16) a certificate of ownership and dedication; (17) a certificate by a registered professional engineer and /or public surveyor that all details of the plat are correct; (18) spaces for certifications by the Director of Planning, Chairman of the Planning Commission and County Clerk; (19) a space for certification by the City Engineer that all the design plans for all public improvements conform to City standards; and (20) any other information as may be necessary for the full and proper consideration of the proposed subdivision. (c) Action. (1) Within 30 days of receipt of the final plat by the City, the Commission shall either approve, conditionally approve, or disapprove the final plat. (2) 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: (a) the subdivider's construction and the City's acceptance of required public improvements; or (b) the subdivider giving assurances approved by the City that guarantee construction of the required improvements. (3) Upon conditional approval of the final plat, the subdivider shall submit the original plat and at least one reproducible mylar copy to the City. The subdivider shall also submit a check payable to the City of Huntsville in the amount of the current Walker County subdivision plat filing fee. The City shall retain one mylar copy of the plat with the original signatures as a permanent record. (4) The City shall record a copy of the approved plat at the office of the County Clerk when; (a) the subdivider constructs all the required improvements and the City approves such improvements; or (b) the subdivider files assurances approved by the City that guarantee construction of the required improvements. (5) If a final plat is disapproved or approved with conditions, it may be resubmitted to the Commission for reconsideration without fee. SECTION 30-15: Variances. (a) If the Commission finds that unnecessary hardships or practical difficulties result from strict compliance with these regulations and/or that the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve a variance from this Chapter. The Commission shall not approve variances unless it shall find that: (1) the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; (2) strict conformance with the regulations would result in an unnecessary hardship or unnecessary practical difficulty to the owner because of the particular physical surroundings, shape, topography or other condition of the specific property involved; (3) the variances will not in any manner conflict with the provisions of the Comprehensive Plan or other applicable policies of the City of Huntsville. (b) In approving variances, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of these regulations. (c) A petition for any such variance shall be submitted in writing by the owner or subdivider with the preliminary plat. The petition shall state the variances requested, the City's present standards, what specific conditions exist that the City's standard is less applicable than the proposed one; and all engineering data necessary to show the preference of one standard over the other. (d) All approved variances shall be noted on the final plat along with the date of the Commission meeting at which the variances were approved. SECTION 30-16. STANDARDS No plat shall be approved and no improvements shall be accepted by the City unless such lots and facilities conform to the City of Huntsville's manuals and specifications including: (a) CITY OF HUNTSVILLE DESIGN CRITERIA MANUAL (1982); (b) CITY OF HUNTSVILLE CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS (1982); (c) CITY OF HUNTSVILLE STANDARD DRAWINGS FOR PUBLIC IMPROVEMENTS (1982). EXHIBIT "B" ARTICLE III, CONSTRUCTION OF PUBLIC IMPROVEMENTS CHAPTER 30. Article III CONSTRUCTION OF PUBLIC IMPROVEMENTS 30-21. GENERAL A person commits an offense if he constructs, alters or removes any public improvement without a permit for the work from the City. 30-22. APPLICATION (1) The developer shall submit an application for the permit on standard forms provided by the City. (2) The application shall be accompanied by three (3) complete sets of proposed construction plans. Such plans and one (1) set of construction cost estimates shall bear the seal of a registered professional engineer of the State of Texas, and shall be prepared in accordance with the latest City standards. 30-23. PERMIT ISSUANCE AND FEES (1) A permit for construction, alteration or removal of public improvements can be issued upon approval of the engineered plans and cost estimates for the work and payment of a plan checking and inspection fee in accordance with the following schedule: ESTIMATED COST OF PLAN CHECK AND PUBLIC IMPROVEMENTS INSPECTION FEE $0 $25,000 4% $25,000 $100,000 4% of $25,000 plus 3% of amount above $25,000 $100,000 $200,000 3.25% of $100,000 plus 2.5% of amount above $100,000 $200,000 and above 2.875% of $200,000 plus 2% of amount above $200,000 (2) When checking of engineered plans is not required for construction of public improvements, only an inspection fee shall be paid upon request for the construction permit. Such inspection fee shall be in the amount of two (2) percent of the estimated construction cost, or a minimum of $15.00, whichever is greater. 30 -24. STANDARDS No permit shall be approved and no public improvements accepted by the City unless such facilities conform to the City of Huntsville's manuals and specifications including: (a) CITY OF HUNTSVILLE DESIGN CRITERIA MANUAL (1982); (B) CITY OF HUNTSVILLE CONSTRUCTION SPECIFICATIONS FOR PUBLIC IMPROVEMENTS (1982); (C) CITY OF HUNTSVILLE STANDARD DRAWINGS FOR PUBLIC IMPROVEMENTS (1982). EXHIBIT "C" ARTICLE IV, BOUNDARY LINE ADJUSTMENTS Chapter 30. Article IV 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. Preliminary Plat: Application and Approval Process (a) Application; fees (1) The owners shall submit an application on forms provided by the City for approval of a preliminary plat of the proposed lot split. (2) The owners shall pay a filing fee of $10.00 per lot or per acre, whichever is least. (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 24" x 36 "; (3) the date or preparation of the plat, north arrow and scale; (4) 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; (5) existing and proposed easements and utilities on or adjacent to the property showing type, location and size; (6) the names and addresses of the owners of all land within 150' of the proposed boundary line adjustment. (c) Action of City Within 30 days of receipt of the preliminary plat by the City, the City shall either conditionally approve, conditionally approve with modification, or disapprove the preliminary plat. (Crossreference replats) SECTION 30 -34. Final Plat Application and Approval Process (a) Application The owners shall submit an application on form provided by the City, for approval of a final plat of the boundary line adjustment. (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) all lots or tracts of land affected by the boundary line adjustment at a scale of 1° = 100 feet; (4) existing and proposed easements and utilities on or adjacent to the property showing type, location and size; and (5) an accurate rendering of the lot lines and easements showing bearings and distances; (6) a certificate of ownership and dedication; (7) a certificate of a Registered Public Surveyor; (8) spaces for certification by the Director of Planning, City Engineer and Walker County Clerk. SECTION 30 -35. 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 specifications including: (a) City of Huntsville Design Criteria Manual (1982); (b) City of Huntsville Construction Specifications for Public Improvements (1982); and (c) City of Huntsville Standard Drawings for Public Improvements (1982) .