HomeMy WebLinkAboutOrd 803-2019 Amend Code Part III-A Subdivision Regulations, Septic System RequirementsCITY OF ANNA, TEXAS
ORDINANCE NO. 20, -6
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS);
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously adopted
standards, requirements, and procedures for and otherwise governing the subdivision of land that
is codified in Part III -A (Subdivision Regulations) of The Anna City Code of Ordinances; and
WHEREAS, the minimum lot size for a septic system in Collin County is generally one acre in
size; and
WHEREAS, the current minimum lot size allowed for a septic system in Anna's jurisdiction is five
acres in size; and
WHEREAS, requests for subdivisions of land on one acre or more are frequent; and
WHEREAS, the City Council has further determined that it would be advantageous and
beneficial to the City and its citizens to amend Part III -A, Article 3, Section 10.02 (Water and
Wastewater Facility Design), of the Anna Code to allow for the subdividing for lots with one
acre minimum size for lots requiring septic systems where adequate water service is
available.
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. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part III -A
(Subdivision Regulations) of the Anna City Code of Ordinances is hereby amended as follows:
Article 3 Section 10.02
(b) On-site sewage facilities such as septic or aerobic systems may be permitted by the
Planning & Zoning Commission and City Council in Subdivisions where each lot is five
acres one acre or more in area, if the Subdivision is 1,000 feet or more from a connection
to a wastewater collection system. The approval of an on-site sewage disposal facility by
the Planning & Zoning Commission and City Council is not mandatory but rather
discretionary.
(c) Exceptions to the lot size regulations in subsection (b) above may be approved by the
Planning & Zoning Commission and City Council for properties existing on the effective
date of these Subdivision Regulations that are less than five-e.GFe one acre, and for
residential cluster or conservation developments that group residential properties in the
proposed subdivision closer together and that preserve at least 1/2 of the land in the
subdivision for open space, recreation or agriculture.
Section 3. 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. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Penalty Clause.
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 $2,000 for each incidence of violation or the highest amount
allowed by law, whichever is less. Each violation is considered a separate offense and will be
punished separately.
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 on this 261h day of February 2019, by the following vote of the City Council of the City of
Anna, Texas,
AYES
NAYS
ABSTENTIONS
APPROVED:
Mayor- Nate Pike
ATTEST:
City Secretary- Carrie L. Smith