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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All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed.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: �-Ilv�ayor