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03-03-09-Ordinance-Amending the Procedure section of the Subdivision Regulations-03/16/2009ORDINANCE 03-03-09 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING `SECTION 4: PROCEDURE" OF THE SUBDIVISION ORDINANCE (EXHIBIT A OF ARTICLE 10.101 OF THE CODE OF ORDINANCES); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Subdivision Ordinance describes the procedure for subdividing property within the jurisdiction of the City of Sanger; WHEREAS, Planning & Zoning Commission has recommended amending the Subdivision Ordinance to clarifying the subdivision procedure; and WHEREAS, the City Council has given due consideration to the matter; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1 Section 4: Procedure of Exhibit A Subdivision Ordinance of Article 10.101 of the Code of Ordinances is hereby amended to read as follows: SECTION 4: PROCEDURE 4.01 - Pre -Application Conference Prior to the filing of a plat, the subdivider shall consult with the Director of Development Services, File Marshal, and City Engineer concerning compliance with the comprehensive master plan, the ultimate land use of the proposed development, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, alleys and lots, and the layout of utility lines and availability of service from trunk mains. 4.02 - Application Procedure A. All property not subdivided into lots, blocks and streets, or property to be resubdivided within the city or within its jurisdiction, shall hereafter be laid out under the direction of the Planning and Zoning Commission, or in the absence of such a commission, by the City Council, or subject to its approval, and no other subdivision will be recognized by the City. Prior to the consideration of the plat by the Planning and Zoning Commission, the City Manager and his duly authorized representatives shall check the plat and make recommendations. B. When a plat is filed with the City for review and approval, it shall be immediately forwarded to the Director of Development Services, who will make a preliminary study of the plat. If it appears substantially complete, an on -site review of the tract to be subdivided will be made to determine any apparent problems with development of the subject land. Any plat which is found to be incomplete or requires significant changes shall be returned to the subdivider for additions or changes before resubmission. C. It shall be unlawful for any owner, or agent of any owner, to lay out, subdivide or plat any land into lots, blocks and streets within the City, or to sell property therein, which has not been laid out, subdivided and platted according to these regulations. D. No officer or employee of the City shall perform, or cause to be performed, any work upon any streets or in any addition or subdivision of the City, unless all requirements of these regulations have been complied with by the owner of the addition or subdivision. E. The city hereby defines its policy to be that the City will withhold improvements of any nature whatsoever, including the maintenance of streets, issuance of building permits or furnishing of sewage facilities and water service, until the subdivision plat has been approved by the City Council. No improvements shall be initiated nor any contracts executed until this approval has been obtained F. Any owner or developer of any lot, tract or parcel of land located within the corporate limits of the city or within its extraterritorial jurisdiction who may wish to effect a subdivision of such land shall conform to the general procedure described as follows: (1) The subdivider shall prepare and submit a "Preliminary Plat" for subdivisions not eligible for the short form subdivision procedure. (2) In the case of a proposed phased development, the subdivider shall file a preliminary plat showing the entire proposed subdivision, the various phases by which the subdivision will be developed, and lots that will be sold within the phase to be developed upon approval of the final plat by the City Council. If the subdivision is to be developed in phases or units, an overall master development plan for street, drainage, water and sewer improvements shall be submitted to the City Engineer by the subdivider's engineer at the time the first phase of construction is submitted for approval. This overall plan shall show the layout of streets and easements, lot configurations, water and sewer main locations and sizes, fire hydrant locations, manhole locations and drainage improvements; (3) After approval of the preliminary plat by the Planning and Zoning Commission, and the City Council the subdivider may then prepare a "Final Plat" of all or a portion of the land included in the preliminary plat for submission to and consideration by the Planning and Zoning commission for final recommendations to the City Council. (4) Upon final action on any such plat by the City Planning and Zoning Commission, the same shall be referred to the City Council, and the City Council shall consider such final plat for acceptance of the dedication of all public property therein set forth, provided that the plat shall in all things fully comply with the terms and provisions of this ordinance. (5) Upon acceptance of such plat by the City Council and completion of required public facilities or the filing of a performance bond by the developer which covers said facilities, the developer shall submit copies of the approval Final Plat in the number and form determined by the Director of Development Services to be appropriate for recordation with Denton County. The recording of the final plat shall be the responsibility of the Director of Development Services. (6) In subdivisions approved for phased development no building permits shall be issued by the building official until the public improvements, including installation of fianchise utilities, within that phase is completed and accepted by the City; (7) The subdivider shall include in the conditions of sale for each lot within the subdivision a notice to the purchaser that no certificate of occupancy shall be issued for any structure or building constructed therein unless and until the city has approved and accepted that phase of the subdivision; (8) The subdivider shall understand that all proposed improvements are to be installed or constructed at his own cost and expense, unless otherwise noted herein; and (9) Where a plat of a lot of record of undivided property is proposed to be subdivided and meets the criteria for abbreviated procedures set forth under the "short form subdivision," and provided all of the requirements have been met, the subdivider may submit a final plat to the city fox approval. Where circumstances in the opinion of the administrative officers warrant, such plat may receive administrative approval, which action shall authorize the building official to issue a building permit for improvements on said parcel. 4.03 - Preliminary Plat The plat shall be drawn to a scale of not more than two hundred feet to the inch (V = 200'). The information to be included and the procedure for submittals are as follows: A. Existing Features (1) Yore boundary line (accurate in scale) of -the tract to be subdivided (2) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroads, rights -of -way and other important features, such as abstract lines, political subdivision or corporation lines, and school district boundaries. (3) Existing sewer mains, water mains, drainage culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. (4) Contours with intervals of two feet (T) or less, referred to mean sea level datum. in areas where the terrain is relatively fiat, supplementary contours shall be shown so that the average horizontal distance between said lines does not exceed two hundred feet (200'). (5) The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. B. New Features (1) The proposed name of the subdivision. (2) North point, graphic scale, date and approximate acreage of the proposed subdivision. (3) The names and addresses of the subdivider and of the engineer, surveyor or planner. (4) The tract designation and other description according to the real estate records of the city or county auditor and recorder; also, designation of the proposed uses of land within the subdivision. (5) All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose or limitations of such reservations. (6) The layout, names and widths of proposed streets, alleys and easements. (7) The layout, numbers, set -back lines and approximate dimensions of proposed lots, blocks, parks etc. C. Utilities Submittals for preliminary plats shall include plans, documents, and information adequate for the review of the provision of public improvements to the properties involved. This includes but is not limited to streets, water service, wastewater service, franchise utilities, street lighting, and stormwater detention. D. Location Map A location map of the proposed subdivision showing existing and proposed streets and thoroughfares covering an area at least one thousand feet (1,000') outside the proposed subdivision. E. Cross -Sections Two (2) copies of the typical cross -sections of proposed streets showing the width of pavement, type of pavement and location and widths of sidewalks when not in conformance with standard details. F. Approval Block The following notice shall be placed on the face of each preliminary plat by the subdivider: "Preliminary Plat For Review Proposes Only." The following certificates shall be placed on the preliminary plat by the subdivider: Approved for Preparation of Final Plat City of Sanger, Texas Date Planning and Zoning Commission G. Submission The subdivider shall fiunish the City with six (6) copies of the drawings of the plat, plus any additional copies determined necessary for a complete review by the Director of Development Services. The subdivider shall also provide any necessary supporting documents describing the type of development, provision of services, development procedure and timing, and engineering studies. Such materials shall be received in accordance with the submittal schedule as published by the Department of Development Services. The subdivider shall submit a letter of intent to the Director of Development Services providing their name and address, the contact information of the person(s) preparing the submitted documents, and designating a point of contact for future correspondence. The letter shall also state the intent of the plat application, briefly describing the location, amount of land, and particulars as to the intended use(s) of the property, and requesting that the plat be reviewed and considered by the appropriate approval body. Such letter of intent skull be received in accordance with the submittal schedule as published by the Department of Development Services, and shall be accompanied by an application for plat approval, the appropriate fee and drawings of the plat, as indicated herein. A plat is considered to be filed for approval by the City when the Director of Development Services (or designee) has certified to the applicant that a complete submittal providing adequate information for a comprehensive review has been received. No plat will be considered filed with the city until and unless the prescribed application fees have been paid. H. Approval The approval of the preliminary plat shall be effective for a period of one hundred eighty (180) days after the approval date, unless reviewed by the Planning and Zoning Commission in the light of new or significant information, which would necessitate the revision of the preliminary plat. Such revision shall be subject to the same procedures as the original preliminary plat. If a final plat for the subdivision, or a portion thereof, has not been submitted, or if a change in requirements has not occurred which would affect the preliminary plat, at the end of the one hundred eighty (180) days after approval, then the City Planning and Zoning Commission may declare the preliminary plat null and void, unless the subdivider has requested and received an extension of time. I. Emotions Where the subdivider may request exceptions or a waiver of these regulations, or is in disagreement with the intent or interpretation of the requirements set forth herein, the city Planning and Zoning commission may submit such requests of the subdivider to the City Council with recommendations for either an approval or disapproval. 4.04 - Final Plat After approval of the preliminary plat, a final plat, prepared by a registered public surveyor and bearing his seal, shall be submitted to the city for consideration. The subdivider shall fiunish the City with six (6) copies of the drawings of the plat, plus any additional copies determined necessary for a complete review by the Director of Development Services. 'The subdivider shall also provide any necessary supporting documents describing the type of development, provision of services, development procedure and tuning, and engineering studies. Such materials shall be received in accordance with the submittal schedule as published by the Department of Development Services. The subdivider shall submit a letter of intent to the Director of Development Services providing their name and address, the contact information of the person(s) preparing the submitted documents, and designating a point of contact for future correspondence. The letter shall also state the intent of the plat application, briefly describing the location, amount of land, and particulars as to the intended use(s) of the property, and requesting that the plat be reviewed and considered by the appropriate approval body. Such letter of intent shall be received in accordance with the submittal schedule as published by the Department of Development Services, and shall be accompanied by an application for plat approval, the appropriate fee and drawings of the plat, as indicated herein. A plat is considered to be filed for approval by the City when the Director of Development Services (or designee) has certified to the applicant that a complete submittal providing adequate information for a comprehensive review has been received. No plat will be considered filed with the city until and unless the prescribed application fees have been paid. No plat will be considered by the City until all of the prescribed filing fees have been paid. The final plat may constitute all or only a portion of the approved preliminary plat, but any portion thereof shall conform to all of the requirements of these regulations unless exception has been granted by City Council. If final plats are submitted for approval for portions or sections of the proposed subdivision, each portion or section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number or subtitle. Block letters shall run consecutively throughout the entire subdivision, even though such subdivision might be finally approved in sections. Upon receipt of the proper submittal (required copies of the final plat, the detailed engineering plans and other required data, and payment of all applicable fees,) and the individual cost estimates for site improvements for water, sanitary sewer, storm sewer and paving improvements shall be prepared and submitted in accordance with the following table: Item No. Description Unit Quantity Unit Price Cost Also to be included as other required data, the developer shall submit additional detailed cost estimates for any improvements to be constructed in which the City may be obligated for pro- rata or other refund amounts. These improvements shall be determined by the city and in accordance with the city's comprehensive plan. The final plat shall show or be accompanied by the following information: A. The boundary lines with accurate distances and bearings, a metes and bounds description of the boundary (error of closure shall not exceed one (1) in fifty thousand (50,000) for the plat boundary), exact acreage to hundredths, and the exact location and width of all existing or recorded rights -of -way intersecting the boundary of or bordering on the tract. One (1) copy of the traverse closure sheet shall be enclosed. B. True bearings and distances to the nearest established street lines, official monuments or subdivision corner, which shall be accurately described on the plat. Municipal, township, county or abstract survey lines shall be accurately tied to the lines of the subdivision by distances and bearings, where applicable. C. An accurate location of at least one (1) corner of the subdivision with reference to an original corner of the original survey of which the subdivision is a part or an existing permanent monument on an approved and recorded plat or permanent markers established by and approved by the City Engineer. D. An accurate location of the subdivision in reference to the deed records of the county which shall include the volume and page of the deed of the property to be subdivided. E. The exact layout, including: (1) Street and/or alley names; (2) The length of all arcs, radii, internal angles and points of curvature, length and bearing of the tangents; (3) All easements for right-of-way provided for public services or utilities and any limitations of the easements; and (4) All lot numbers and lines, with accurate dimensions in feet and hundredths and with bearings and angles to street and alley lines to the nearest second. F. The accurate location, material and approximate size of all monuments. G. The accurate outline description of all property which is offered for dedication for public use, such as parks, etc., with the purpose indicated thereon, and all property that may be reserved by deed covenant for the common use of the property owners in the subdivision. H. Building set -back lines. 1. Lot grading plan. J. Private restrictions. K. Name of the proposed subdivision. L. Name and address of the subdivider. M, North point, graphic scale and date. N. City limits line, if it traverses the subdivision. O. Location map showing existing and proposed streets and thoroughfares covering an area at least one thousand feet (I,UbU') outside the proposed subdivision. P. Construction plans and profiles drawn on sheets, measuring twenty-four inches (24") by thirty-six inches (36"), the same size as the final plat, and including the following information: (1) A plan and profile of each street with top of curb grades shown. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum. Unless otherwise approved by the City, scales shall be one inch equals forty feet (1" = 40) horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans; (2) The typical cross -sections of proposed streets showing the width of roadways and type of pavement and location and width of sidewalk; (3) A plan and profile of proposed sanitary sewers, with grades and pipe sizes indicated and showing locations of manholes, cleanouts, etc., and a plan of the proposed water distribution system showing pipe sizes and locations of valves, fire hydrants, fittings, etc., in conformance with the applicable criteria presented in Section 6, Improvements. Unless otherwise approved by the City, scales shall be one inch equals one hundred feet (1" = 100) horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; (4) A plan and profile of the proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, outlet structures, etc., in conformance with the criteria as shown in Section 6, Improvements. Unless otherwise approved by the City, scales shall be one inch equals forty feet (1" = 40) horizontally and one inch equals four feet, five feet or six feet (1" = 4', 5' or 6') vertically. Each plan shall show the seal and signature of the registered professional civil engineer who prepared the plans. Each sheet shall include north point, scale, date and benchmark description to mean sea level datum; and (5) A plan of all the other utilities, showing the relative locations proposed for the water, sewer, storm sewer and gas mains, utility poles, TV and electrical services, street lighting, traffic -control signs, and street signs, and acknowledged by the appropriate representative of each agency involved;[•) Q. Certification by a registered public surveyor or licensed state land surveyor, registered in the State of Texas, to the effect that the plat represents a survey made by him or under his direct supervision and that all monuments shown thereon have been verified and actually exist, and that their location, size and material are correctly shown. Such surveyor's certificate may be prepared as follows: "State of Texas County of Denton I hereby certify that this plat is true and correct and was prepared from an actual survey of the property made on the ground under my supervision. Registered Public Surveyor Texas R.P.S. No. " R. A certificate of ownership and dedication of all streets, alleys, parks and playgrounds to public use forever, signed and acknowledged before a notary public, by the owner or authorized representative and lien holder of the land, and a complete and accurate description of the land subdivided and the streets dedicated. Such owner's certificate may be prepared as follows: "State of Texas County of Denton The owner of land shown on this plat and whose name is subscribed hereto, and in person or through a duly authorized agent dedicates to the use of the public forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. Owners' "State of Texas County of Denton Before me, the undersigned authority, on this day personally appeared, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of , 20 . Notary Public, Denton County, Texas" S. The following certificate shall be included on the plat in a manner that will allow the signatures of the designated officials and the affixing of the City Seal. Approved and Accepted Mayor City of Sanger, Texas Attested by Date City Secretary, City of Sanger, Texas T. Certificate from City Tax Collector and from the proper official of other taxing agencies within whose jurisdiction the proposed subdivision lies showing that all ad valorem taxes, liens and fees have been paid on the tract to be subdivided. Two (2) sets of approved plans and specifications for water, sanitary sewer, paving and drainage improvements, prepared by a registered professional civil engineer, shall be submitted to the City prior to any construction ur the subdivision. The approval of the construction drawings by the City Council shall be effective for a period of; two (2) years after the approval date of the final plat unless the subdivider has requested and received an extension of time. Construction drawings which have expired shall be resubmitted to the city for approval before any construction is begun. The design of the proposed improvements shall be based on the constuction requirements which are in effect at the time of resubmittal. 4.05 - Procedure For Short Form Subdivision A. Any subdivision or replat thereof which may be determined to fall wither the following criteria may be termed a "short form subdivision" and shall comply with the abbreviated procedures set forth herein. "Plats for record" or "lots of record" of unplatted property shall be deemed to meet these criteria if (1) The land in question is not being subdivided into more than three (3) lots.[;] (2) The subdivision or use of the land subdivided does not necessitate any appreciable alteration of utility installations, streets, alleys or building setback lines; and (3) The tracts so subdivided conform in size and shape to the lots in the vicinity and the zoning in the immediate area. B. All design, engineering, improvements and drawing information standards provided in these regulations applicable to all subdivisions shall be applicable to the short form subdivisions. Preliminary platting is not required. C. If the Director of Development Services finds that the final plat meets all the provisions of these regulations, he/she shall present the final plat to the commission and council for review. D. The final short form plat shall be filed with the city accompanied with the required filing fee. After all requirements have been met and signatures obtained, the plat and all other necessary instruments shall be filed for record with the county clerk by the City Secretary. E. In the case of plats for record, after all requirements have been met and the final short form plat properly filed, administrative approval may be granted. 4.06 - Construction of Improvements A. The subdivider/developer shall contract for improvements except where city participation is involved. In cases of city participation, the developer/owner shall comply with state statutes and city regulations regarding competitive bidding. B. The subdivider's/developer's engineer shall administer the contract. C. A pre -construction conference, to be held at city hall, will be required. This conference shall be attended by the City Engineer (or authorized representative), the subdivider's/developer's engineer, the engineer's inspectors, the contractor(s), and other appropriate representative as deemed necessary by the City. 4.07 - Amended Plat Any person who wishes to revise a subdivision plat which has been previously filed for record must make an application of the proposed revised plat to the City Council. An amendment of a subdivision may be done for one of the following purposes: (1) to correct an error in a course or distance shown on the preceding plat; (2) to add a course or distance that was omitted on the preceding plat; (3) to correct an error in a real property description shown on the preceding plat; (4) to correct any other type of error or omission on a previously filed plat; (5) to replat one or more lots fronting on an existing street if (A) the owners of all lots join in the application for amending the plat; (B) the amendment does not attempt to remove any restrictions; (C) the amendment does not increase the number of lots; and (D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. A Public Hearing is not required for the approval and issuance of an amended plat. The Oty Manager and Director of Development Services are delegated the approval responsibility of an amended plat. At any time the City Manager or City Engineer may elect to present the plat for approval to the Planning and Zoning commission and to the City Council, neither the City Manager nor the Director of Development Services shall disapprove a plat, and upon refusal to approve the amended plat shall refer the amended plat to the Planning and Zoning Commission and City Council. 4.08 - Replat or Resubdivision of Plats A. General (1) Replat or resubdivision of a plat, or a portion thereof, but without vacation of the immediate previous plat, is hereby authorized; and shall be deemed valid and controlling, when approved, after a public hearing, by the Planning and Zoning Commission, when: (a) It has been signed and acknowledged by all the owners of the particular property which is being resubdivided or replatted. (b) It has been approved by the Planning and Zoning Commission, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. (c) It does not attempt to alter, amend, or remove any covenants, easements or restrictions. (d) There is compliance, when applicable, with subsections (a), (b), and (c) of this section. B. Filing time. Replats or resubdivisions shall show or be accompanied by the information that is required for preliminary plats or final plats, whichever is applicable. Replats or resubmissions shall not be docketed for Planning and Zoning Commission consideration unless the requirements of this chapter are met. C. Notice and hearing. The following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two (2) residential units per lot: (1) Notice of Planning and Zoning Commission hearing shall be given in advance, in the following manner: (a) Publication at least fifteen (15) days in advance of hearing being published in the official newspaper of the City of Sanger. (b) Written notice (with a copy of subdivision (2) of Section 4.080 [4.08C] attached thereto) of such public hearing forwarded by the Planning and Zoning Commission to owners (as the ownerships appear on the last approved ad valorem tax roll of such governing body) of all lots in the immediate preceding subdivision plat not less than fifteen (15) days prior to the date of such hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the post office in closest proximity to the city hall of the City of Sanger, provided, however, if such immediate preceding subdivision plat shall contain more than one hundred (100) lots, such notice shall be mailed only to those owners of lots which are located within two hundred (200) feet of the lot or lots which are sought to be replatted or resubdivided. (2) If the proposed replat requires a variance or is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three -fourths of the members present of the Planning and Zoning commission and City Council. Por a legal protest, written instruments signed by the owners of at least 206/o of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet fi-om that area, but within the original subdivision, roust be filed with the Planning and Zoning commission and City Council prior to the close of the public hearings. (3) Provided, however, compliance with subdivision (1) or (2) of Section 4.08C shall not be required for approval of a replatting or resubdividing of a portion of a prior plat, if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single- or duplex -family residential usage, by notation on the last legally recorded plat or in the legally recorded restriction applicable to such plat. Section 2 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4 This ordinance will take effect immediately from and after its passage. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this 16th day of March, 2009. ayor ATTEST:, a City Secretary-