HomeMy WebLinkAboutOrd 334-2007 Amending Ord. No. 2000-01 Submission of a Development Plat.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 334-2007
AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 REQUIRING
SUBMISSION OF DEVELOPMENT PLAT FOR CERTAIN DEVELOPMENT;
PROVIDING FOR REQUIREMENTS OF DEVELOPMENT PLATS;
PROVIDING FOR AN APPLICATION FEE FOR DEVELOPMENT PLATS;
REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
(82,000) FOR VIOLATION OF THIS ORDINANCE; PROVIDING A
SEVERANCE PROVISION AND, SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna has determined that the submission of
development plats in all instances where the City's subdivision regulations would not
otherwise apply is necessary to the orderly growth, aesthetic appearance, preservation
of property values and welfare of the community by allowing for planned future
development and securing adequate provision for traffic, light, air, recreation,
transportation, water, drainage, sewage and other facilities; and
WHEREAS, the City Council of the City of Anna desires to require submissions of
development plats for development, as defined herein, both within its corporate limits
and extraterritorial jurisdiction; and
WHEREAS, after a public hearing the City Council of the City of Anna has
determined that certain changes in Ordinance No. 2000-01, which authorized the
requirement of development plats, are required to more efficiently and effectively
provide for the heath, safety, and welfare of the citizens of the area; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
SECTION 1. Authority
This Ordinance is adopted after public hearing pursuant to the Texas Local Government
Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.
SECTION 2. Repealer
All parts of any ordinance in conflict with the provisions of this Ordinance are to the
extent of such conflict hereby repealed.
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SECTION 3. Section 5 of Ordinance 2000-01 Amended
Section 5 of Ordinance 2000-01 is hereby amended by deleting all text in said Section
coming after paragraph 5.2.166) and adding the following text in its place.
5.3 This Section and Section 5.4 are adopted after public hearing pursuant to the
Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041
through 212.050, as amended.
5.3.1 Section 5.4 states the requirements for submission of a development plat and
applies to all development in the City's corporate limits or extraterritorial
jurisdiction that would not otherwise be required to be platted under the City's
Subdivision Ordinance.
5.3.2 Under this Section and Section 5.4, the tern "development" means the new
construction or the enlargement of any exterior dimension of any building,
structure, or improvement
5.4 A development plat must be prepared by a registered professional land surveyor
as a boundary survey showing:
(a) each existing or proposed building, structure, or improvement or proposed
modification of the external configuration of the building, structure, or
improvement involving a change of the building, structure, or improvement;
(b) each easement and right-of-way within or abutting the boundary of the
surveyed property; and,
(c) the dimensions of each street, sidewalk, alley, square, park, or other part of
the property intended to be dedicated to public use or for the use of
purchasers or owners of lots fronting on or adjacent to the street, sidewalk,
alley, square, park or other part.
5.4.1 An applicant for approval of a development plat required to be filed under Section
5.4 of this Ordinance shall follow the same procedural steps necessary for
approval of a subdivider's preliminary plat under Section 4 of the City's
Subdivision Ordinance No. 2000-01, as amended.
5.4.2 Approval of the development plat by the City Council is deemed final. No
development plat shall be filed or recorded, no building permit may be issued,
and no new development shall begin on land covered by Section 5.3 and this
Section until the plat has been approved by the City Council.
5.4.3 A development plat properly filed under this Ordinance shall be approved by the
City Council if the plat shows that the proposed development will conform to the
general plans, rules, and ordinances of the municipality concerning its current
ORDINANCE NO. 334-2007 Drmfopaent PN! Papa 2 of 4 07-10-07
and future streets, sidewalks, alleys, parks, playgrounds, and public utility
facifi ies—taking into account access to and extension of same—including but
not limited to applicable provisions of the City's Subdivision Ordinance No. 2000-
01, as amended, the City's Community Development Plan, as amended, the
City's Capital Improvement Plan as amended, the City's Thoroughfare Plan as
amended, the City's Drainage Plan, as amended, the City's Park Plan as
amended, and the City's Trail Plan, as amended.
5.4.4 The application fee for a development plat shall be $100.00, to be paid at the
time of the submission of the application.
5.4.5 If a development plat is not submitted in the form required under this Section,
and the City provides the property owner with written notice regarding the
deficiencies, then the plat will be considered denied after the expiration of 45
days after the date that the City provides written notice, unless an amended plat
is submitted that cures all deficiencies. Written notice is properly provided as of
the date that the notice is enclosed in a postpaid, property addressed wrapper for
certified mailing and deposited into a post office or official depository under the
care and custody of the United States Postal Service.
SECTION 4. Penalties
A person commits an offense if the person violates this Ordinance, including without
limitation the development of any property within the City's corporate without an
approved development plat or in a manner that is materially inconsistent with an
approved final plat. An offense of this Ordinance is a Class C misdemeanor. Any
person convicted of violating this Ordinance shall be fined in an amount not to exceed
$2,000.00 for each incident of violation. Each day of the continuance of such violation
shall be considered a separate offense and shall be punished separately.
SECTION S. Severance
If any part of this Ordinance is for any reason found by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid,
legal, and enforceable.
SECTION 6. Effective Date
This Ordinance shall be effective upon the posting and/or publication of its caption as
required by law and the City Secretary is hereby directed to implement such posting
and/or publication.
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PASSED by the City Council of the City of Anna, Texas, after public hearing by the
following vote on this the 10th day of July , 2007.
AYE 6 NAY 1 (CM Crim) ABSTAIN 0
NaTa Wilkison, City Secretary / enneth Pelham, Mayor
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