HomeMy WebLinkAboutOrd 503-2010 Relating to Development Plats.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 503-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART III-A, ARTICLE 5, SECTION 3 BY REPLACING SAID
SECTION 3 WITH A NEW AR"nCLE 5.1 RELATING TO DEVELOPMENT PLATS;
PROVIDING FOR THE APPLICATION OF DEVELOPMENT PLAT REQUIREMENTS,
PROCEDURES FOR SUBMITTAL, APPROVAL AND DENIAL OF DEVELOPMENT
PLATS, AND ADDITIONAL REGULATIONS RELATING TO DEVELOPMENT PLATS;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS. the City of Anna, Texas (the "City") has previously adopted ordinances,
rules and regulations governing the City's Subdivision Regulations codified in Part
III-A of The Anna City Code of Ordinances ("Anna Code"); and
WHEREAS, after a duly noticed public hearing, the City of Anna, Texas City Council
("City Council) has investigated and detennined that it would be advantageous and
beneficial to the City and its citizens and necessary for public health and safety to
amend provisions of Part III-A of the Anna Code governing development plats; and
WHEREAS, the City Council has held the requisite public hearing(s) pertaining to
the amendment to Part III-A of the Anna Code and taken all other action necessary
for the adoption of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Code Amendments.
In accordance with Part II, Article 1, Section 9 of Anna Code, the following amendment
is made to Part III-A (Subdivision Regulations), Article 5, Section 3 by replacing it with
the newly created Article 5.1 as follows:
Article 5.1 DEVELOPMENT PLAT
Section 31. Development Plat Required
On:!. 503-2010 Amending Part III-A. Art 5, Sect 3 Relating to Develop. Plats.doc PAGE 1 OF5 07-27·10
For purposes of this section Article 5.1 and sUbsection 3.02 bel&. ..., the term
"dewlopment""Oevelopment" means the new construction of any building,
structure or improvement of any nature (residential or nonresidential), or the
enlargement of any external dimension thereof. This sectionArticle 5.1ana
3.02 beloo..' shall apply and require submission of a d9'JOlopment Plat
development plat for any dewlopmentDevelopment in the City's corporate
limits or Extraterritorial Jurisdiction that would not otherwise be required to be
platted under the City's Subdivision Regulations. Notwithstanding any other
pFO¥ision in this Part of the Code, platting of proposed dewlopment in the
City's E:ldraterritorial Jurisdiction need not be prepaFed by a registered
professional land sUF\~or, and need not oonform to the form and oontent
requirements of 3.02 below, if the City Manager or his/her designee revie'Ns
an aiternati'/e Plat sUbmitted and determines that the alternati)JO Plat
suffioiently demonstrates that the proposed de\'6lopment will be in oomplianoe
\".~tth the setl;)aok requirements in the City's SUbdivision Ordinanoe No. 2000
01, as amended. Should the CRy Manager or histher designee determine that
the Plat does not suffioiently demonstrate that the development \¥ill be in
oomplianoe vAth said setbaok requirements, helshe may require sUbmission of
a d9'w'6lopment Plat by a registered professional land sUF\'6yor that oomplies
wtth the form and oontent requirements of 3.02 below. fOrd. No. 503-2010,
adopted 712712010)
3.M Section 2. Development Plat Form and Content
A development Piat-plat under this Article 5.1 shall be prepared by a
registered professional land surveyor as a boundary survey (accurate in
scale) 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;
(c) the dimensions of each Street, Sidewalk, alley, square, park, sewers,
water mains, culverts, other underground structures 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 of the property.
(Ord. No. 334-2007, adopted 711012007)
fOrd. No. 503-2010, adopted 712712010)
3.02 Alternate Plat Form and Content
Ord. 503-2010 Amending Part III-A, Art 5, Sect 3 Relating to Develop. PIats.doc PAGE20F5 07-27-10
land sl:lF\-eyor to shO'...• a bOl:lndary SUF\-ey (aool:lrate in soale) to a soale of
not smaller than 100 feet to the inGh showing:
(a) eaGh e*isting or proposed bl:lilding, struGture or improwment or
proposed rnodifiGation of the e>Eternal oonfigl:lration of the bl:lilding,
struGtI:lFe or impFO'.'ement in,,~ol¥ing a Ghange of the bl:lilding, struGture
or impre'.{ement;
(b) the dimensions of eash Street, sidewalk, alley, sql:lare, park, set.vers,
'Nater mains, GI:II,.-erts, other I:Indergrel:lnd strl:lGtl:lres er other part of the
property intended to be dedioated to pl:lbliG I:Ise or for the use of
pl:lrGhasers or O'..mers of lots wonting on or adjaoent to the Street,
sidewalk, alley, sql:lare, park, sewers, water mains, GI:II'/erts, other
I:Indergrol:lnd stFI:IGtI:lFeS or other part of the propem/;
(G) a preliminary plan for on site sewage disposal systems or sanitary
Sellers 'Nith grade, pipe size, and points of disGharge;
(d) a preliminary plan of the drainage system with grade, pipe si2!e and
looation of ol:ltlets; and
(e) be aGGOmpanied by fOl:lr oopies of the Plat, a oompleted appliGation
form and the reql:lired sl:lbmission fee.
3.03 Section 3. Procedure for Approval of Development Plat
(a) An applicant for approval of a development pjat..plat governed under
this Article 5.1 shall follow the same procedural steps necessary for
approval of a Subdivider's preliminal)' Preliminary Plat under Article 4,
Sections 2 and 3 of #lese this Part III-A (Subdivision Regulations) of
this Code, as amended, except that all references to "Subdivider" in
said sections shall be deemed to include any landowner or developer
without regard to whether the property is being subdivided and all
references to "preliminary plat" shall be deemed to mean a
development plat required under this Article 5.1. Approval of the
development ~by the City Council is deemed final. No
development ~shall be filed or recorded, no building permit may
be issued, and no new development shall begin on land covered by this
Part of the Code Article 5.1 until the -Platdevelopment plat has been
approved by the City Council. A detlelopment Plat development plat
properly filed under this Part of the Code Section 3 shall be approved
by the City Council if the -Platdevelopment plat sufficiently indicates that
the proposed d9l.{elopment Development will conform to:
(1) the general plans, rules, and ordinances of the municipality
concerning its current and future Streets, sidewalks, Alleys, parks,
la rounds, and ublic utili facilities, includin but not limited to
Om. 503-2010 Amending Part III-A, Art 5. Sect 3 Relating to Develop. Plats.doc PAGE 30F 5 07-27-10
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, aREi-the City's Park Plan as amended;
and the City's Trail Plan, as amended.
(Ord. No. 334-2007, adopted 711012007)
(Ord. No.503-2010, adopted 712712010)
&-04 Section 4. Development Plat Application Fee
The application fee for a development PIatQ!m shall be $100 to be paid at
the time of the submission of the application. No fee shall i;)e FequiFed for
sui;)mission of an alternati· ..e Plat is appFO'.'Od per the prm.'isions of
sui;)seotion 3.02 of this seotion.
(Ord. No. 216-2005, adopted 06/28/2005)
(Ord. No. 503-2010, adopted 712712010)
3aOI-Section 5. Notice
If a development plat is not submitted in the form required under this section,
and the City provides the property O'nnerapplicant with written notice
regarding the deficienCies, then the Ptatdevelopment plat will be considered
denied after the expiration of 45 days after the date that the City provides
written notice, unless an amended Ptatdevelopment plat is submitted that
cures all deficiencies. Written notice is properly provided as of the date that
the notice is enclosed in a postpaid, properly addressed wrapper for certified
mailing and deposited into a post office or official depository under the care
and custody of the Unites States Postal Service.
(Ord. No. 334-2007, adopted 711012007)
(Ord. No. 503-2010. adopted 712712010)
Section 3. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of
any such violation shall be fined in an amount not to exceed $500 for each incidence of
violation. Each violation is considered a separate offense and will be punished
separately.
Section 4. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
Ord. 503-2010 Amending Part III-A, Art 5, Sect 3 Relating to Develop. Plats.doc PA.GE40F5 07·27·10
C
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences. clauses, and phrases be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law. of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council ofthe City of Anna, Texas, this 27th day of July 2010.
ATTESTED:
Ord. 503-2010 Amending Part III-A, Art 5, Sed: 3 Relating to Develop. PIats.doc PAGE50F5 07-27-10