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HomeMy WebLinkAboutOrdinance ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9,SECTIONS 2, 3 AND. 4 OF THE CODE OF ORDINANCES, CITY OF . COLLEGE STATION,TEXAS REQUIRING PLATS BE FILED . FOR ALL DEVELOPMENTSJ.. AND DEFINING. DEVELOPMENT I STATING RESPONSIBILITY FOR INFRASTRCTURE UPGRADES . WHERE THERE. IS INADEQUATE CAPACITY FOR A GIVEN DEVELOPMENT, STATING THAT ALL IMPROVEMENTS MUST BE CONSTRUCTED UPON DEVELOPMENT AND. PROVIDING ADDITIONAL TIME FOR CONSIDERATION OF MASTER. PRELIMINARY PLATS AND PLANS AND PRELIMINARY PLATS BY THE COMMISSION. NOW, THEREFORE, BE .IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I. That Chapter 9, Sections 2, 3 and 4 of the Code of Ordinances, City of College Statioll, Texas, are hereby amended to read as follows: SECTION 2: SCOPE AND PURPOSE 2~A This chapter shall govern all developments and subdivisions (see definition~ subdivision) of land within the corporate limits .of the City of College Station, Texas, and within the extraterritorial jurisdiction of the City as established by the Municipal AnnexationAct. Such area is extended to two (2)three and one/half (3 1/2) miles from the corporate limits surrounding the City of College Station, not a part of any other city, and if bylaw such distance is changed, this chapter shall apply to and be in conformity with the distances so approved by law or any amendments thereto. 2~B The development or subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community. is thereby affected in many important respects. Therefore, it is to the interest of the public, to the developer, and to the future owners, that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. It is in the intent of these regulations to encourage the growth. of the City of College Station in an orderly manner. 2~C The provisions set forth. in this chapter are intended to provide for harmonious development of the area, and are deemed to be the minimum requirements adopted by the City Council for the protection of the public health, safety, and welfare. 2~D +his chapter shall not apply to any lot or lots forming a part of asubdivisioll created and recorded prior to the effective date of this chapter, except for purposes of {eplatling or f{lrthor subdivision thereof. SECTION 3: Development means the new construction of ,enlaraement of, reconstruction or conversion of any buildina... structure or improvement. or the use of any property reaardless of whether there are. associated buildinas. structures or improvements. or the subdivision of land> into two or more parts by deed. contract for deed. or any other method includinalease. Exceptions are aaricultural uses. on 5. acres or more where there is no anticipated other development. '0'deve-ser"subdiv"amd97ord.doc page II printed 8114/97fJ411F1. 4' Mobile Home Park means a parcel of land, under single ownership, which has been planned and improved for placement of mobile homes or manufactured homes for nontransient use. See Chapter 3,. Section 4 of this Code of Ordinances. Plat means a map ofa tract of land showina boundaries. easements. streets. etc. or a subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys,. easements, etc., uStJalty-drawn to scale; also includes a replat and an amended plat: Preliminary Plat refers to a map 01a development orproDOsed subdivision indicatina the proposed layout and . ifldiGatiA9-th~yout--of-a--6ubGivisiGR meeting the requirements of Section 6.C. SECTION 4: SPECIAL PROVISIONS 4-A Plat Reauired +Re-subGivroor of a tract sf land locatod 'Nithin tho limits .or in the oxtratorritorial jurisdiction of the City shall propareand submit for approval a plat of the subdivision in accordance .....ith Section ij of this Chapter. All . development. shall comply. fullY with this Chapter. Prior. to any development. the owner of a tract of land located within the limits or the ETJ of the City shall prepare and submit for approval a plat in accordance with Section 6 of this Chapter.improvoments or Preliminary Plat Reauired A preliminary plat is required when a tract orland is beino deVeloped and there will be more thallone lOt.. or when there areplannina issues such as street locations. and sizes. public facilitvlocations. fotlayout. park and areenbelt locations etc. Master Plan Reauired A master development plan is reouiredfor lame developments where there are plannina issues.indudinabutnotlinlit~dlostreet locations and sizes. publicfacility'locations. lot layout; park and oreenbeltlocations;etc. - to be addressed and where there will be subseauentprelirnillary and or final plats occumno over a lono periodoftime. +A1. Area"lncluded inPlat The area to be included in the preliminary plat shall be all that area under one ownership (parent tractlasofthe date of these subdivisions reQulations. July; 1970. +8 Unapproved Final Plat No building, r~pair, plumbi.ng, or electrical pennit shall be issued by the City tor any tract of land &tructurQ on 3 lot jna subdivision for which a final plat has. not ,been approved and filed for record. +C Noncompliance With Standards No building repair, plumbing orelectricalpennit shall be issued for any~ructure on a lot within 8$Ubdivision .inwfiichthestandards contained herein or referred to herein have not been complied with in fUll. 'o'dcve-ser'subdiv"amd97ord.doc page ~l printed 8114/97&f4.1J)+ Mobile Home Park means a parcel of land, under single ownership, which has been planned and improved for placement of mobile homes or manufactured homes for nontransient use. See Chapter 3, Section 4 of this Code of Ordinances. Plat means a map of a tract of land ~.tlQyting..!?Q.Y.Qg!!rL(t~.....~~~~-':n.~.Q!~.....~!!:.~~!~.~lQ:..~r a subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., lI-StJally..drawn to scale; also includes a replat and an amended plat." Preliminarv Plat refers to a map of a development or proposed subdivision indicatina the proposed layout and iflGiGattRfj.-the--J}r-eposed-layoot--of...a-..-subGivisiofl meeting the requirements of Section 6.C. SECTION 4: SPECIAL PROVISIONS 4~A Plat Reauired +he-5ubGivider of. a. tract of land located within tho. limits .or in the extraterritorial jurisdiction of the City shall prepare and. submit f-or approval a plat of the subdivision in accordance with Section 6 of this Chapter. All develolJment shall complY fully with this Chapter. Prior to any development. the owner of a.tract of land located within the limits or the ETJ of the City shall prepare and submit for approval a plat in accordance with Section 6 ofthis Chapter.impro'lements or Preliminary Plat Required A preliminary plat is required when a tract of land is being developed and there will be more than one lot. or when there are plannina issues such as street locations and sizes. public facility locations. lot lavout. lJark and greenbelt locations etc. Master Plan Required A master development plan is required for large developments where there are olannina issues.includina but notlimited to street locations and sizes. public facility locations. lot layout. park and areenbelt locations. etc. - to be addressed. and where there will be subsequent preliminarv and or final plats occurrino over a long period of time. 4-A1; Area Included in Plat The area to be included in thepreliminarv plat shall be all that area under one oWnership (parenttracO as of the date ofthesesubdivisionsreaulations. July. 1970. 4~B Unapproved Final Plat No building, repair, plumbing, or electrical permit shall be issued by the City for any tract of land . structure on a lot in a subdivision for which a final plat has not been approved and filed for record. 4~C Noncompliance With Standards No building repair, plumbing or electrical permit shall be issued for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full. '0' deve..;ser" subdiv"amd970rd.doc page ~l- printed 8/14/97&1419+ 4~D No City Maintenance The City shall not repair, maintain, install or provide any streets or public utilities or serv.ices in any subdivision. for which a final plat has not been. approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. 4-E No Utility Service or Buildina Permits The City shall not sell or supply water, gas, electricity, or sewerage or issue any permits for any tract of land .....ithin a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein have not been complied with in full. nor where infrastructure capacity is not adeauate to. cover the intended deVelopment.~lf iml?~.gt..m!ID)!~l$....g~t~r.m.i!J.~.~.j!!.~L there is inadeauate infrastructure capacity for a particular pro{>osed development. the developer must pay for uparades to the system sufficient to cover the impact of the particular development. or wait until the City corrects such capacity problem or enter into a development aareement acceptable to the City outlining cost participation. 4~F Enforcement On behalf of the City, the City Attorney shall, whell directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this ordinance or the standards referred to herein with respect to any violation thereof which occurs within the City, within the extraterritorial jurisdiction of the City, as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or part ofthe provisions ofthis ordinance. 4-G. Compliance At.. the time of development all improvements reauired by this Chapter shall be constructed or guaranteed in accordance with the reaulations contained herein. :4:@....'.;...ReGO.f.!!:.~H:!QAG9.ffiP.!i~B~ If.any subdivision exists for which a final plat has not beonapproved or in which the stafldar-ds-.GOfltained-.her-eJA.GF.referred..tG..herem-.have-.f1Gt.beeA..cemplied.witll...Il.fulh.the City Council shall pass a resolution reciting the fact of such noncompliance or failure to 5eGw.r-e-.fiflal..plat..appr.{wah..and..FeGitifl€J..the..faGt..thaHhe..pr-ovi-siGAS.Gf..paFagraphs.4-B-j.4- C, 4 D, and 4 E of this section shall apply to the subdivision and lots therein. ..................{.1)............T-he-..ctty..secFetaPf..shallt.wheA..direGted..by4-he-..ctty..CGUooUj..-Gause-..a..GeFtified copy of such. resolution under the corporate seal of the City to be filed iR the Deed..ReGGr-ds.-of.the-CellAty, (2) If such COlTlpli3nCe and final plat approval are secured after the filing of such resolutiofl;...tlle...ctty...Secr-etary...shall...f-orthwitll...fi.le...all....Astr-umem...jfl...lhe-..Deed Records of the County stnting that Parngraphs 4 B, <I C, 4 D, and 4 E no longer alJr*y.. 4-~.t:I Grandfathered Provided, however, that the provisions of this section. shall..not be construed to prohibit the issuance of permits for any lot or undivided tract or parcel of land upon which a residence exists and was in existence. prior to the passage of this subdiyision ordinance, nor to prohibit the repair, maintenance, or installation of any street or public utility service for, to, or abutting any lot, the last record conveyance of which prior to passage of this ordinance was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was in existence prior to the passage of this ordinance." I '0'dj;)vj;)-ser"subdiv"amd970rd.doc page 11- printed 8114/97fJ411F1. SECTION 6: PROCEDURE AND PLAT REQUIREMENTS 6~A General 6~A.1 The procedure for review and approval of a subdi':ision plat generally consists of seven (7ID steps. The s\:lbdivid9F applicant may first request a pre-application meeting. The second step is the preparation and submission of a preliminary plat of the proposed subdivision with the appropriate application form and impact studies. The third step is the consideration of the preliminary plat by the Pre- Submission Conference staff. The fourth step is the consideration of the preliminary plat by the Planning &. Zoning Commission. The fifth step is consideration of thepreliminarv plat by the City Council. The sixth fifth-step is the application submittal for the final plat with the appropriate application form and construction documents. The seventhsi-xth step is the consideration of the final plat by the Pre~Submission Conference staff. The eiohthseventh step is the consideration by the Commission of a final plat together with the required certificates and data. If favorable action has been taken by the Commission, the final plat becomes the instrument to be recorded in the Office of the County Clerk when all requirements have been met. The construction documents when duly signed by the City Engineer are. authority to proceed with the construction of streets and utilities. Nothing in the procedure authorizes construction on private property. 6~A.2 Pre~Application Meetino Prior to any application submittal, theapplicantsubGividefshall have familiarized himself with these subdivision regulations and the Zoning Ordinance, and may request a pre~application meeting. A date and time for the meeting will be during business hours at the City Hall, and held within ten (10) calendar days.of the. date of the request. The applicants\:lbdividef shall bring to this meeting a City map with the proposed developmentsubdivision marked thereon, and information relative to the proposed development. He shall be prepared to discuss its conformity with the Comprehensive Plan of the City. 6-B Master Development Plan 6~B.1 t. mastor development plan is required for large developments 'Nhere there are plaFHliRg--+ssues-ffiGl-udif1~..-oot--oot..~imtted..-t0-stree~-looatWRs--aAd--si-:i!es;--pubUG facility locations, lot layout, park and greenbelt locations, etc. to be addressed afld--whef9--tt-l9r.e--will-be-SQbseqt:leflt-pr-etiminary--and--0r-fmat-plat5-0GGl:Jfr~Ag--OVef a long period of time. 6~B.3.4 Within ninety thirty WW) days after the master development plan or master preliminary plat is formally filed withthe City, the Commission shall recommend to the City Council whether to approve, disapprove or conditionally approve the plan/plat with modifications. Upon recommendation by the Commission, the plan/plat, minutes or reports, and findings of the Commission shall be forwarded to the Council for consideration where applicable. 6-C Preliminary Plat: 6~C. 7.4 Within ninety thirty m.Q3Q) days after the preliminaryplatis formally filed with the City, the Commission shall approve, disapprove or conditionally approye the plat with modifications. 'o'deve-ser"subdiv"amd970rd.doc page 1;-1- printed 8/14/97&14f1)+ II. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. III. That any person, firm, or corporation violating any of the. provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this the day of , 1997 APPROVED: LYNN McILHANEY, Mayor ATTEST: CONNIE HOOKS, City Secretary I '0'deve~ser"subdiv"amd970rd.doc page ~-l printed 8/14/978/.411FJ.