HomeMy WebLinkAboutOrd 152-2004 Amend 2000-01 - Development Plat.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 152-2004
AN ORDINANCE AMENDING ORDINANCE NO. 2000-01 (SUBDIVISION
ORDINANCE) BY REQUIRING SUBMITTAL OF A DEVELOPMENT PLAT
FOR CERTAIN TYPES OF DEVELOPMENT WITHIN THE CITY'S
CORPORATE LIMITS AND ITS EXTRATERRITORIAL JURISDICTION;
REPEALING ANY PROVISIONS IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000) 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 is necessary to the orderly growth, aesthetic
appearance, property values and welfare of the community by 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 seeks to require submission of
development plats for certain types of development where no such platting
requirement previously existed; and
WHEREAS, the City Council of the City of Anna desires to require said
submissions for development both within its corporate limits and extraterritorial
jurisdiction; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Authority
This Section is adopted under 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the extent of such conflict hereby repealed.
In addition, the last paragraph in section 3.3 (Jurisdiction) is amended to read as
follows:
Any owner subdividing land outside the corporate limits of the City
of Anna but within its extraterritorial jurisdiction shall submit a plan
of subdivision to the Planning and Zoning Commission and the
plan must conform to the minimum requirements set forth in these
regulations.
Section 3. Section 5 of Ordinance 2000-01 Amended
Section 5 of Ordinance 2000-01 is hereby amended by adding the following
paragraphs:
5.3 Development Plat Required: For purposes of this Section and Section 5.4,
the term "development" 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 Section and
Section 5.4 shall apply and require submission of a development plat for
any 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. Notwithstanding any other provision in this
Ordinance, platting of proposed development in the City's extraterritorial
jurisdiction that includes fences, livestock guards, or agricultural -accessory
buildings or structures — and no other development — need not be
prepared by a registered professional land surveyor, and need not conform
to the form and content requirements of Subsection 5.4 below, if the City
Council reviews an alternative plat submitted and determines that the
alternative plat sufficiently demonstrates that the proposed development
will be in compliance with the setback requirements in the City's
Subdivision Ordinance No. 2000-01, as amended. Should the City Council
determine that the plat does not sufficiently demonstrate that the
development will be in compliance with said setback requirements, it may
require submission of a development plat by a registered professional land
surveyor that complies with the form and content requirements of
Subsection 5.4 below.
5.4 Development Plat Form and Content — A development plat shall be
prepared by a registered professional land surveyor as a boundary survey
(accurate in scale) on sheets not greater than 24" x 36" and to a scale of
not smaller than one hundred feet to the inch (two additional mylars shall
be submitted on sheets 17" x 23" to specifically meet the requirements of
Collin County for filing) 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;
(bb) 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, sewers, water mains, culverts, other
underground structures or other part of the property;
(dd) topographical information with contour lines at one (1) foot intervals,
unless otherwise permitted by the Planning and Zoning Commission due
to conditions of terrain involved. All elevations shall be referred to a
Geodetic Survey or a City Survey;
(a) the name and property lines of adjoining property owners;
(f) the name and location of adjacent subdivisions, streets, easements,
pipelines, water courses, etc. In the case of easements, a written
statement as to the easement use shall be included in the development
plat;
1g) a preliminary plan for on-site sewage disposal systems or sanitary sewers
with grade, pipe size, and points of discharge;
W a preliminary plan of the drainage system with grade, pipe size and
location of outlets;
j Di A preliminary plan for proposed fills or other structure -elevation
techniques, levees, channel modifications, and other methods to
overcome flood or erosion -related hazards;
location of city corporate limits line, the outer border of the City's
extraterritorial jurisdiction, and zoning district boundaries, if they traverse
the development, form part of the development or are abutting the
development.
Lk) a key map (see Section 5.1.4);
Q Title, etc. (see Section 5.1.5);
(m) be accompanied by four (4) copies of the plat, a completed application
form, the required submission fee, and a certificate or some other form of
verification from the Collin County Central Appraisal District showing that
all taxes have been paid on the subject property and that no delinquent
taxes exist against the property.
5.5 Procedure for Approval of Development Plat
An applicant for approval of a development plat 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. 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
this Ordinance until the plat has been approved by the City Council . A
development plat properly filed under this Ordinance shall be approved by
the City Council if the plat sufficiently indicates that the proposed
development will conform to:
(1) the general plans, rules, and ordinances of the municipality concerning
its current and future streets, sidewalks, alleys, parks, playgrounds, and
public utility facilities, 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, and the City's Park Plan as amended;
(2) the general plans, rules, and ordinances for the extension of the
municipality or the extension, improvement, or widening of its roads,
streets, and public highways within the municipality and in its
extraterritorial jurisdiction, taking into account access to and extension of
sewer and water mains and the instrumentalities of public utilities,
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, and the City's Park Plan as
amended; and
(3) any general plans, rules, or ordinances adopted under Texas Local
Government Code Section 212.044, 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, and the City's Park Plan as amended.
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 limits 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
two thousand dollars 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 5. 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.
PASSED by the City Council of the City of Anna, Texas, by the following vote on this the
24'" day of August, 2004.
AYE 5
NAY b
ABSTAIN 0
ATTEST:
City Secretary
APPROVED:
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