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HomeMy WebLinkAboutORD 95-02 - Subdivision RegulationsrRrr r .., . r, ,r r r ► r 1 kyj rl WMV4 1 [OwIlLjol i 1 i. WHEREAS, in accordance with the Constitution and laws of the State of Texas, including particularly the Local Government Code, Chapter 212, Municipal Regulation of Subdivisions and Property Development; and in accordance with the Charter of the City of Georgetown, Texas, hereinafter referred to as "City", the City is authorized to develop regulations for the subdivision and development of land in the territorial jurisdiction of the City, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, on April 13, 1993, by the approval of Ordinance 93-12, the City did adopt "Subdivision Regulations of the City of Georgetown", hereinafter referred to as "Regulations"; and WHEREAS, Ordinance 93-12, Section 3, provides for the annual sunset of the Regulations, unless action is taken to extend their application and enforcement; and WHEREAS, the Subdivision Regulations Advisory Committee, appointed by motion of the City Council, has reviewed the effect of the Regulations and made recommendations to the Planning and Zoning Commission and City Council regarding certain revisions to the Regulations; and WHEREAS, the Commission reviewed the proposed revisions and conducted public hearings on March 1, 1994, and April 7, 1994, to take comments regarding the proposed revisions, and voted on May 3, 1994, to recommend approval of the proposed revisions; and WHEREAS, on February 8, 1994, the City Council approved Ordinance 94-05 to extend the expiration date of the Subdivision Regulations to April 30, 1994, to provide additional time for the completion of the Subdivision Regulations review; and WHEREAS, on April 12, 1994, the City Council approved Ordinance 94-11 to extend the expiration date of the Subdivision Regulations to July 31, 1994, to provide additional time for the completion of the Subdivision Regulations review; and WHEREAS, on July 12, 1994, the City Council approved Ordinance 94-27 to extend the expiration date of the Subdivision Regulations to October 31, 1994, to provide additional time SubRegs Revision Ordinance No. ✓ F" Page 1 of 3 for the completion of the Subdivision Regulations review; and WHEREAS, on October 11, 1994, the City Council approved Ordinance 94-42 to extend the expiration date of the Subdivision Regulations to February 28, 1994, to provide additional time for the completion of the Subdivision Regulations review. NOW, i" ORDAINED BY THE CITY COUNCELOF THE CITY OF !' i H: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements: 1. Governmental Affairs Policy 1 which states "The City will encourage all citizens to actively participate in governmental functions"; and 2. Growth and Physical Development Policy 2 which states "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The attached Exhibit A, relating to "1994 Revisions to the Georgetown Subdivision Regulations" is hereby adopted by the City Council of the City of Georgetown, Texas, SECTION 3. The application and enforcement of the Regulations shall hereby become continuously effective, such that, only by subsequent action of the Georgetown City Council shall the Regulations expire. SECTION 4. The City Council shall appoint a Subdivision Regulations Advisory Committee to review the effect of the Georgetown Subdivision Regulations and make recommendations for revisions no later than February 28, 1998, for the consideration of the City Council. SECTION 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 6. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or SubRegs Revision Ordinance No. fnz- Page 2 of 3 application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 7. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 13th day of December,1994. PASSED AND APPROVED on Second Reading on the day of ' 1995. ATTEST: /I a r�andra-D: 1Veet1 City Secretary _:, Marianne Landers Banks City Attorney SubRegs Revision Ordinance No. 5'0 Page 3 of 3 THE CITY OF GEORGETOWN, By: OLEO WOOD Mayor IC 4*4*01 1994 REVISIONS TO THE GEORGETOWN SUBDIVISION REGULATIONS underline = denotes suggested additions strikeetit = denotes suggested deletions 10000 GENERAL PROVISIONS 12000 AUTHORITY "These Subdivision Regulations, design standards and improvement requirements for land development are adopted under the authority of the Constitution and laws of the State of Texas, including particularly C-liter-231, Aets-ethe -49th Legislatt g••'af session,. 4927, Chapter 212, Municipal Regulation of Subdivisions and Property Development of the Local Government Code, as heretofore or hereafter amended and the provisions of See fiV, T Vf the A,,ieipa ^ nnex tier ^ e Chapter 43, Municipal Annexation of the Local Government Code, as heretofore or hereafter amended Okfdle 978aV..A.G.S.)0 16000 APPLICATION OF REGULATIONS 16010 Subject Developments A. "The provisions of these subdivision regulations, including design standards and improvement requirements, shall apply to the following forms of land subdivision and development activity: " 7. "Any Development which is intended to occupy a single tract, lot, site or parcel where: vse will be leeated,-er a. any new or expanded building or structure to be located on a legally subdivided tract, lot, site or parcel, excludingones single family detached residence b, any new activity on an existing developed site in which i. there is a change in use, or ii._ two (2) years or more has passed since the last occupancy of a building on the site, 1 x the existing development shall be ungraded such that one of the followin_design standards shall be brought into compliance: drainage, pedestrian and vehicular access, parking lot design, number and type of narking spaces, landscaping, buffering;, impervious coverage._ The design standard to be upgraded should be one that is at least 50 percent deficient if such a situation exists. That portion of the site impacted bv the expansion or new activity must be in full compliance with the design standards." "C. There may be occasions when the City Council deems it appropriate to allow a delU in the implementation of certain elements of these regulations. On those occasions a development agreement shall be used in accordance with the City's policy (see Appendix A)." 16020 Exemptions "The provisions of Sections 23000 through 26000 of these subdivision regulations shall not apply to: A. "Land legally subdivided prior t February 14, 1988, except as otherwise provided for herein." 21000 GENERAL PROCEDURE "The general procedure for the subdivision of land is outlined in Figures 21000 A and B. The regulations governing each step of the procedure are described in Sections 22000 through 29999. Based on the procedures established by these regulations and other City codes, there are at least four discrete steps involved in the development process. These include the platting_ process, the zoning process, the site design or detailed development process, and the construction process. Each process has established deadlines and expirations that must be met in order to maintain validity under the City's requirements, and therefore constitutes its own series of approvals. 23030 Content "The concept plan shall contain or have attached thereto:" F. "Proposed major categories of land use by acreage showing compatibility with the Century Plan. " G. "Proposed number of dwelling units and gross density of each type of residence and proposed fleef afea F total square footage of floor area for all non-residential land uses to ensure consistency with the intensity requirements of the Century Plan." J. "Significant drainage features and structures including any 25 and 100 year flood plains." 23060 Approval "The Commission and Council, after holding public hearings in accordance with City codes, shall approve or disapprove the concept plan.... If the plan is resubmitted to the 2 I Commission for consideration of the Council's recommendation, then the subsequent action of the Commission shall be final. Zoning of the tract, if applicable that shall permit the uses proposed by the concept plan, or any pending zoning amendment necessary to permit the proposed uses shall have been adopted by the Council prior to approval of the concept plan. Said rezoning_ petition shall include a request for automatic reversion to the previous zoning district in the event that development does not proceed according to the Concept Plan." ".....The Commission shall notify the applicant of any design requirements in excess of the established minimum standards or of any deviations from those established minimum standards as set forth in Section -ROW 30000..... " 24020 Format of 4 ....The information required on a preliminary plat can be distributed and shown on up to two (2) sets of sheets depicting the entire plat." 24031 Natural Features B. ".... This information must be certified by a registered professional engineer with the following statement: The fully developed concentrated stormwater runoff resulting from the 100 year frequency storm is contained within the drainage easements shown and/or public rights -of -way dedicated by this plat." r i t V &V rr�**Awi s i o w� m i� • r i • i O q ! ! ! ! ♦ • ! 1 • • i• _ �i i 3 P 24034 General Information "I. Lot area, width and depth, building, coverage, impervious coverage, utility easements, and setbacks shall conform to the requirements as established for the designated land use as set forth in Table 34020, " 24035 Support Documents A. "A preliminary drainage study, consisting, of a Drainage Area Map; including two (2) foot contours, and location and capacities of existing and proposed drainage features: and a table showing; the DA#, C, I A, Tc, S and the Os calculated for the 25 and 100 year storms for each drainage area, to provide adequate site drainage information as to the extent e to ensure the property will be developed in accordance with City Code." C. "A landscape plan, when applicable, as required in sections 37000-37999. " E. "Letters indicating approval of easements, ca�y, and commitment to serve the development from any utility companies having easements or service area that overlaps the proposed subdivision." 24060 Approval "The Commission and Council shall act on the request for preliminary plat approval, except that when a preliminary plat is covered by a current and approved concept plan, Council approval shall not be required, unless specifically required by the Commission and/or Council or by special request by the subdivider. Zoning of the tract, if applicable, that shall permit the useswoposed by the preliminary plat, or any pending zoning amendment necessary to permit the proposed uses shall have been adopted by the Council prior to approval of the preliminary plat. Said rezoning_ petition shall include a request for automatic reversion to the previous zoning district in the event that preliminary plat expires." ". . . . The approval of the preliminary plat shall expire twelve (12) months after approval, except that if the subdivider shall apply in writing prior to the end of said period, stating reasons for needing the extension and demonstrating that the subdivider is actively pursuing approval of construction plans and/or the final plat in accordance with the regulations herein, this period may be extended for one additional twelve (12) months period only. Further, a preliminary plat that has an approved phasing plan shall not expire as long as the development proceeds in accordance with the phasing plan. At such time as the development lags one year behind the approved phasing; plan, the approval shall expire if the subdivider does not submit a written request for an extension as allowed by this section. Subsequent extensiefis may b bAA 4 "If revision of the preliminary plat is required by Commission and/or Council, then no application for final plat shall be accepted €er-filing under Aftiele-974 a, ,'� Chapter 212 of the Local Government Code until the revised preliminary plat has been approved .... If 25000 CONSTRUCTION PLANS 25030 Content "The following shall be the minimum requirements for construction plans: J. "For electrical, street lighting, street signs, gas, postal and telecommunication services: the location, size, type and description of street lights, light intensity levels, lines, poles, transformers, meters and other appurtenances according to City standards. See Table 33030- C for Street Lighting Standards." "O. If the subdivision will include private streets and a gate is proWsed to limit access to the private street, include details regarding the gate construction, operation, maintenance, and provisions for emer eg ncy access." 25040 Procedure A. "Construction plans shall be prepared for all subdivision improvements as required by and in accordance with these regulations. After all necessary approvals of the preliminary plat have been granted, the subdivider shall submit to the Difee*er- of Publ e Wef!" Division of Development Services an application for Construction Plan approval and copies in the number specified in the application.... The Plans will be reviewed by all applicable divisions far compliance with required codes and specifications. " "All fees required for the review of construction plans shall either be submitted with the application according to the rate and fee schedule for the review of development projects in effect at the time of submittal." I&TZAa 26033 Boundaries "J. The location of building setback lines indicated by dashed lines on the plat, and the location, dimensions, and descriptions of all existing and required easements within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries." 26034 General Information "H. Lot area, width and depth, buildingcoverage, overage, impervious coverage, utility easements, and setbacks shall conform to the requirements as established for the designated land use as set forth in Table 34020. " 26033 Boundaries "J. The location of building setback lines indicated by dashed lines on the plat, and the location, dimensions, and descriptions of all existing and required easements within the subdivision, intersecting, or contiguous with its boundaries or forming such boundaries." 26034 General Information "H. Lot area, width and depth, buildingcoverage, overage, impervious coverage, utility easements, and setbacks shall conform to the requirements as established for the designated land use as set forth in Table 34020. " 26035 Support Documents "The following documents must accompany the final plat:" B. "Computer -tapes rip 'ntout showing that the boundary has a minimum closure of one in five thousand (1:5,000) and a computer printout on all lots other than those which are square or rectangular shall be provided with the final plat. If "26050 Notification The notification procedures described in Section 24050 shall be followed if no other notification has occurred for the same or substantially the same plat during the past twelve (12) months under the requirements of these regulations." 26060 Approval "The Commission after holding a public hearing in accordance with City codes and the Commission's bylaws, shall approve, conditionally approve or disapprove the final plat within fifteen (15) days of the certified filing date of the plat. If the Commission votes to disapprove the final plat, its action shall be final. If the Commission votes to approve the subdivision, the Council shall, within thirty (30) days of the certified filing date, either confirm the action of the Commission, disapprove the plat or, with the consent of the applicant, request that the Commission consider the Council's recommendation at the next regularly scheduled Commission meeting...." "The subdivider shall begin construction of the required public improvements or file a financial surety instrument for the improvements within six (6) months after final approval by the Commission, or such approval of the final plat shall be void. Further, unless the final plat is recorded in the County Clerk's office within six (6) twelve (12) months after final approval by the Commission, such approval of the final plat shall be void, except that the subdivider may apply in writing fef ^ ..,,, ian to allow extension of approval prior to the end of such si* twelve 12) month period, stating just cause therefor, and the Council may grant an extension not to exceed one year." "Prior to recordation of the final plat, the applicant must submit the following:" D. "Payment of any subsequent user fees as speeifted in Seefien 41070 14 required by City ordinance. " 26W 26070 Recordation "....Prior to the recordation of the final plat the following shall occur:" H. "Subsequent user fees pursuant to Seetien 41070 14 of those regul tie City ordinance shall be paid. If " J. A note shall be added to the plat describing any variances approved by the City Council. " 6 n f 27000 DETAILED DEVELOPMENT PLAN 27020 Purpose and Applicability "A detailed development plan shall be submitted and approved prior to the issuance of a building permit or utility connection permit for any development within the territorial jurisdiction of the City. The Commission and/or Council shall have the authority to require, as a condition of final plat or preliminary plat approval, the public approval of a detailed development plan , Mere neYor of land in accordance with these regulations. However, the normal process is to allow administrative review and approval of any detailed development Ulan that fully complies with the requirements of these regulations. to 27040 Content B. "For all proposed development not included in 'A' above:" "20. Screening shall be provided for all proposed dumpsters." "21. Required signature blocks (see Appendix CZ "22. A copy of the water pollution abatement plan approved by the Texas Natural Resources Conservation Commission if such plan is required by the State." 27050 Procedure El "It shall be the right of both the applicant seeking detailed development plan approval and the City, aefing eithff independently of jeiW4y-,- to app�ggl a decision of • any reason whatsoever to the Commission and Council, th4 a detailed develepment plafl deser-ibed in r • and G abeve) be reviewed and have a finalrendered _ Gemmis:"Council. "G. A detailed development elan that does not comply with all the design standards specified in Section 30000 of these Subdivision Regulations may be submitted to the Commission and Council for requests for variances. In these cases, the Commission and Council shall have the authority to consider approval of the entire detailed development plan in addition to the specific requests for variances." "H. The Director or applicant may petition the Council to waive the detailed development plan requirement when he/she determines that no significant public benefit will be derived from such requirement. Said waiver shall not be allowed when a detailed development plan has been explicitly required for a specific site." 27060 Approval A. "....Approval by the Director or by the Commission and/or Council shall become effective immediately," 7 P S 28000 ASSURANCES FOR COMPLETION OF IMPROVEMENTS 28040 Alternative to Completing Improvements A. , , , The Director may waive the requirement that the subdivider complete all improvements required by these regulations prior to the signing of the conditionally approved final plat, contingent upon securing from the subdivider a guarantee, as provided for by this section, for completion of all required improvements including the City's cost for collecting the guaranteed funds and administering the completion of improvements in the event the subdivider defaults. The Commission and Council must be notified that this waiver was granted at the time of preliminary plat approval. Such guarantee shall take one of the following forms .... " 28080 Reduction or Release of Improvement Surety Instrument A. "A surety instrument may be reduced by aefieft ef the Getineil with the approval of the Directors of Finance and Community Owned Utilities upon actual construction of required improvements by a ratio that the improvement bears to the total public improvements required for the subdivision, ... " 29000 ALTERNATIVE FORM SUBDIVISIONS 29020 Amended Plats "An amended plat that meets all of the informational requirements set forth in Sections 26030--2604 9 26040 of these regulations may be approved by the Director without notice or approval of other lot owners within the platted subdivision provided that the owner of the amended lot and/or any persons with a vested interest affected by the plat amendment, signs the plat and application; ...." 29040 Dedication Plats 29041 Purpose and Applicability "A comprehensive system of land use records and a mechanism for coordination of various utilities' improvements are essential to the planning process.... In order to ensure reliability and availability of this information while minimizing the costs, the Director may require any a14 dedications and abandonments shftll to be drawn in accordance with these provisions, filed with the Director, and approved by the City, except when such dedication or abandonment is performed through a plat of record. If a dedication plat is not required, a dedication instrument shall be filed with the County" together with complete field notes with a drawing of the property to be dedicated or abandoned. " 29042 Format and Content "When a dedication plat is required for any aR easements, rights -of -way, dedications, abandonments, or transfers to a public utility, it shall be drawn at a scale of one inch equals one hundred feet N S n Y 32000 WATERSHED PROVISIONS 32102 General Design Requirements K. Drainage Channels 1. "The limits of the 25 year and 100 year -€feed --ply storm event shall be determined for water courses draining 20 or more acres. Calculations for €leed Mains .storm events shall utilize generally recognized backwater computational methods and actual field channel and overbank configuration." 32103 Minimum Criteria for Issuance of Flood Plain Development Permit "Pursuant t , Chapter 15.44, Flood Damage Prevention, of the Georgetown Municipal Code, as it may be amended from time to time, and similar provisions enforced by the Williamson County Health Department, a Flood Plain Development Permit shall be required such that . , , . It 33010 General "Circulation within the urban area shall be provided in accordance with the following design criteria: " G. "A sight triangle shall be established at all intersections. On local residential streets the sight tria.nale shall be based on the curb line. on all other streets it shall be based on the right-of-way line. The sides of the triangle shall extend for twenty-five (25) feet along the right-of-way/curb lines from the projected intersection of said right-of-way/curb lines. Where the right-of-way/curb curves as the intersection is approached, the tangents at the points of beginning for the corner curve shall be projected.... " 33030 Streets and Alleys G. Street Right of Way Widths 1. "Local streets - shall have a minimum right-of-way width of sixty (60) feet if designed to a rural standard, and fifty (50) feet if designed to an urban standard. it R. "Private Streets.... If a gate is proposed to limit access to the private street, its construction, Weration, maintenance, and provisions for emergency access shall be reviewed and approved as a part of construction plan approval." T. "Access to Public Streets from Private Property. Developers or builders will not cut a curb or gutter section nor pave a street right-of-way without first obtaining a permit from the City, and complying with- the Pity of Gee-gat.,wn Street and Curt Cut r,,.a,na flee. Chapte 12.08, Street Excavations, of the Georgetown Municipal Code. Where no curb and gutter street construction is permitted no developer or builder will construct or pave the bar ditch street section without first obtaining a permit from the City and complying with -theme E i I ri