02-11-03-Ordinance-Imposing a Temporary Moratorium on Development-02/24/2003CITY OF SANGER, TEXAS
ORDINANCE NO. 02-11-03
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, IMPOSING A TEMPORARY
MORATORIUM ON DEVELOPMENT OF MULTI -FAMILY RESIDENTIAL
PROPERTY; MAKING WRITTEN FINDINGS; PROVIDING A TERM; PROVIDING
WAIVER PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sanger provides essential public facilities, such as water,
sewer, or storm drainage facilities or street improvements; and
WHEREAS, there is a current need to prevent a shortage of essential public facilities
which will be caused by development of additional multi -family residential projects in the City;
and
WHEREAS, the City Council has given notice and provided a public hearing as required
by Chapter 212 of the TEx. Loc. Gov'T CODE; and
WHEREAS, the City Council has made a final determination for the imposition of a
temporary moratorium;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS:
SECTION 1. All of the above premises are hereby found to be true and correct
legislative and factual findings of the City of Sanger and they are hereby approved and
incorporated into the body of this ordinance, as if fully copied in their entirety.
SECTION 2. That the City Council of the City of Sanger hereby makes the following
written findings, based on reasonably available information, to wit:
a. Based on a potential 500 residential buildings permits per year, the
City's population is projected to exceed 5,100 in 2003, while the
population within current City limits is projected to exceed 10,500 by the
year 2009;
b. In the wastewater treatment system, the average daily flow in March,
2002, was 0.72 million gallons per day; total wastewater treatment
capacity is 0.78 million gallons per day;
C. Under normal weather conditions, the City's average daily flow is
projected to exceed 0.78 million gallons per day by 2004;
d. Expansion of the City's wastewater treatment plant capacity to 0.98
million gallons per day is not scheduled to be completed until late 2003;
e. Under normal weather conditions, the City's average daily flow is
projected to exceed 0.98 million gallons per day by 2005;
f. The lack of current capacity in the wastewater treatment system
demonstrates that the capacity of existing essential public facilities is
insufficient for new multi -family residential development, which would
cause that capacity to be exceeded prior to completion of the expanded
capacity of the system;
g. Essential public facilities, such as the sanitary sewer system, are currently
operating near, at, or beyond capacity;
h. Development which is made subject to this temporary moratorium would
cause the usage to exceed current capacity;
i. Impact fee revenue will be allocated to address expansion of essential
public facilities as authorized by law; and
j. The temporary moratorium is reasonably limited to areas of the City
where shortage of essential public facilities will otherwise occur and
property that has not been approved for development because of the
insufficiency of existing essential public facilities.
SECTION 3. That based on the foregoing, and the public hearing as conducted in
accordance with Chapter 212 of the TEx. Loc. Gov'T CODE, the City Council of the City of
Sanger, Texas, hereby makes this final determination on the imposition of a temporary
moratorium and directs that no officer or employee of the City accept any permit application,
authorization, or approval necessary for the subdivision of , site plain -ling of, or construction on
real property for multi -family residential uses during the term hereof.
SECTION 4. The term of the temporary moratorium shall be 120 days after the date
hereof, provided that such temporary moratorium may be extended as provided by § 212.136 of
the TEX. Loc. Gov'T. CODE.
SECTION 5. The temporary moratorium shall not affect or in any way suspend or
prohibit the acceptance and filing of applications for record plats, specific use permits or
variances, nor shall it affect or in any way suspend or prohibit the acceptance and filing of non-
residential zoning amendments and non-residential development plans.
SECTION 6. The temporary moratorium adopted by this ordinance may be waived upon
a permit applicant applying for a waiver relating to the property subject to the permit, if the
applicant claims a right obtained under a development agreement, claims a vested right under
Chapter 245 of the TEX. Loc. Gov'T. CODE or common law, or provides the public facilities that
are the subject of the temporary moratorium at the landowner's cost. The applicant for a waiver
must submit the reasons for the request to the City Council in writing and the City Council must
consider and vote on whether to grant the wavier request within ten days after receiving the
written request.
SECTION 7. The temporary moratorium adopted by this ordinance does not affect the
rights acquired under Chapter 245 of the TEX. Loc. Gov'T. CODE or under common law.
SECTION 8. This ordinance shall take immediately from and after its passage, as the
law and charter in such cases provide.
1
DULY PASSED By the City Council of the City of Sanger, Texas, on the day of
February, 2003.
APPROVED:
MAYOR
ATTEST:
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CITY SECRETARY
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