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Home My WebLink AboutORD 91-05 - Subdivision RegulationORDINANCE NO. AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF GEORGETOWN, TEXAS BY THE ENACTMENT OF THE 1991 SUNSET REVISIONS; EXTENDING THE REGULATIONS' EXPIRATION DATE, ESTABLISHING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR PENALTIES UP TO $200 FOR VIOLATIONS; AND PROVIDING A SEVERABILITY CLAUSE. 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 February 9, 1988 by the approval of Ordinance 088-0061 the City did adopt "Subdivision Regulations of the City of Georgetown," hereinafter referred to as "Regulations;" and WHEREAS, Ordinance 088-006.1, Section 4 provides for the annual review of the Regulations and the consideration of revisions thereto by the City Council; and WHEREAS, the Subdivision Regulations Advisory Committee established by City Council Resolution 900537 has reviewed the effect of the Regulations and has recommended to the City Council certain revisions to the Regulations; and WHEREAS, the Georgetown Planning and Zoning Commission has conducted a public hearing on the recommended revisions of the Subdivision Regulations Advisory Committee and has recommended certain revisions to the Regulations to the City Council; and '`�A'HEREAS, PC City Council finds that the adoption of this ordinance effecting certain R .visit ± ::.. to the Regulations will further both the accomplishment of the purposes of the Regulations as fully set forth in Section 13000 of the Regulations and the implementation of the following Century Plan policies and goals: Economic Development Policy, Goals 1, 2 and 5; Environmental grid Resource Conservation Policy, Goals 1 and 2; Facilities and Services Policy, Goal l; Governmental Affairs Policy, Goals 1 and 2; Growth and Physical Development Policy, Goals I through 5; Historic Preservation and Urban Design Policy, Goals 1 and 2; Housing Policy, Goal 1; Recreation and Cultural Affairs Policy, Goal 2; Transportation Policy, Goal 1; Utilities/Energy Policy, Goals 2 and 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the Council to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied herein verbatim. Section 2. The Regulations are hereby amended to incorporate the specific changes, additions and deletions more fully set forth in a certain document entitled "1991 Sunset Revisions to the Georgetown Subdivision Regulations," hereinafter referred to as "Revisions," which document is attached hereto and made a part of this ordinance for all purposes. Section 3. The Revisions to the Regulations shall take effect after adoption of this ordinance and ten days after publication thereof by caption. Section 4. The application and enforcement of the Regulations is hereby extended to February 28, 1992 such that, unless subsequent action extends the application and enforcement of the Regulations, they shall expire on said date. Section 5. If any section, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or of any remaining part or provision thereof, other than the part so declared to be invalid or unconstitutional. Section 6. Any ordinance or ordinances in conflict with the provisions hereof are hereby repealed to the extent of such conflict. 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 misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $200. Each day a violation shall continue shall be deemed to be a separate offense. READ AND APPROVED on first reading on this the 12th day of February, 1991. READ AND APPROVED on final reading on this the-,40"� day of February, 1991. W.H. CONNOR, Mayor ATTEST. SANDRA LEE, Deputy City Secretary Approved as to form; MARIANNE LANDERS BANKS, City Attorney new text is underlined deleted text is struck through italicized text is used for informational purposes only unmodified passages appear in normal type and may include " to indicate additional existing text to remain unmodified. asterisks (*) indicate potential amendments that haven't been drafted all sections are subject to review by the City Attorney Sketch plans provide ... City's requirements. The developer should be aware that specific approvals from other agencies may be required. Not fewer than ... between said corners. A public notice approved by the Director shall be published at least once in a newspaper of general circulation in the City not fewer than fifteen (15) nor more than thirty 30) days prior to said public hearing Additionally, ... Vit:! aa' t ♦ t ii i tr mom The The developer should be aware that specific approvals from other agencies may be required All owners of property notified by mail. in aeeefdanee .......fes eyieept th-at aara� i.[.r.crar z>a.c }s.avi•R.l.�ilrss7 rim► :i.iainis`iii•R�i�yr.a�.>.ararrira�rr�r.r+-FXara>wrir•rr�•rn�isa►:.rsrr Notification letters shall be postmarked ... its Approval [preliminatyplat iii 6th paragraph] The developer should be aware that specific approvals from other agencies may be required page 1 of revisions to subdivision regulations - February 18, 1991 •a .1N 0191 111@ � .":i I ri •. . i'.. i'. ri We .A. s Notification letters shall be postmarked ... its Approval [preliminatyplat iii 6th paragraph] The developer should be aware that specific approvals from other agencies may be required page 1 of revisions to subdivision regulations - February 18, 1991 Construction plans, ... C. Provide documentation ... specifications. No final plat shall be certified by the Director until such time as construction plans completely describing the on-site and off-site improvements required by this and other City codes have been approved, in writing, by the Director of Public Works. All improvements ... approved. The developer should be aware that specific approvals from other agencies may be required. B. True bearings and distances to the nearest established street lines, official monuments, or existing subdivision corner which shall be accurately described on the plat and rotated to the state plane coordinate system. Using said system, X and Y coordinates shall be identified for four 4 property comers. D. Suitable primary control points to which all dimensions, bearings and similar data shall be referenced. At least one corner of the subdivision shall be located with respect to a corner of the original survey of which it is a part I /I copy of - water pollution abatementplan approved by -Water Commission for- subdivisions Yvvithin the City's extfa teffitefial jydfisdietien and eve the Edwafds Aquifef �%JlLe I such plan is required by the State, 26050 Approval [final plat - add 5th paragrah to end of section] The developer should be aware that specific approvals from other agencies may be required 29021 Purpqse [new title addedfor clarity] An amended... I. To relocate ... 2. increase the number of lots. page 2 of revisions to subdivision regulations - February 18, 1991 The Director may approve an amended Plat _meetiniz the requirements of this and the preceding section The Director shall approve any amended plat meeting the requirements of these regulations within thirty (30) days of receipt of a complete submittal However, if in the Director's determination, the amended plat does not satisfy these regulations the Director may require the plat to be processed in accordance with Section 26040 The amended plat may be submitted without approval of a preliminary plat or construction plans. The plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the Director with a completed application and all required fees, for approval before recordation of the plat. Legible prints,r -• on application form shall be submitted to the Director at leas A. Completed application forms ... B. Certification from all applicable taxing authorities ... C. Any attendant documents ... Approval of an amended plat shall expire if said plat is not recorded in the plat records of Williamson County within six (6) months of Geeneil the Director's approval t�..; •s - ��i s i i R0A J r The subdivision and conveyance of property to a public utility may proceed upon approval of the Director in accordance with Sections 29041 and 29042. All dediea-tion abandonments of property rights to-er by the City must be approved by the Council. The Director may also approve dedications of property rights to the City, except that when the Director determines that a dedication will significantly affect the public health or welfare approval by the Council shall be required For abandonments or when the Director determines that Council approval of a dedication plat is required Tthe submittal described in Section 29042 must be submitted to the Director no later than fifteen (15) days prior to Council action. Notification of abandonment or dedication of public right of way must be posted on-site and in a newspaper of general circulation in the City no fewer than fifteen (15) days prior to Council action. Written protest of said dedication or abandonment shall necessitate Council action for approval B. Lot Shape. All lots shall be ... than 45 degrees. The ratio of average depth to average width shall not exceed two and one-half to one nor be less than one and one- page 3 of revisions to subdivision regulations - February 18, 1991 •a ''i ''Sa '� -s' D �`±Ca iii � is �` i 'iC• C- �' .. fi AIR ). A. The Director may approve an amended Plat _meetiniz the requirements of this and the preceding section The Director shall approve any amended plat meeting the requirements of these regulations within thirty (30) days of receipt of a complete submittal However, if in the Director's determination, the amended plat does not satisfy these regulations the Director may require the plat to be processed in accordance with Section 26040 The amended plat may be submitted without approval of a preliminary plat or construction plans. The plat, prepared by a surveyor, and engineer if required, and bearing their seals shall be submitted to the Director with a completed application and all required fees, for approval before recordation of the plat. Legible prints,r -• on application form shall be submitted to the Director at leas A. Completed application forms ... B. Certification from all applicable taxing authorities ... C. Any attendant documents ... Approval of an amended plat shall expire if said plat is not recorded in the plat records of Williamson County within six (6) months of Geeneil the Director's approval t�..; •s - ��i s i i R0A J r The subdivision and conveyance of property to a public utility may proceed upon approval of the Director in accordance with Sections 29041 and 29042. All dediea-tion abandonments of property rights to-er by the City must be approved by the Council. The Director may also approve dedications of property rights to the City, except that when the Director determines that a dedication will significantly affect the public health or welfare approval by the Council shall be required For abandonments or when the Director determines that Council approval of a dedication plat is required Tthe submittal described in Section 29042 must be submitted to the Director no later than fifteen (15) days prior to Council action. Notification of abandonment or dedication of public right of way must be posted on-site and in a newspaper of general circulation in the City no fewer than fifteen (15) days prior to Council action. Written protest of said dedication or abandonment shall necessitate Council action for approval B. Lot Shape. All lots shall be ... than 45 degrees. The ratio of average depth to average width shall not exceed two and one-half to one nor be less than one and one- page 3 of revisions to subdivision regulations - February 18, 1991 half to one unless the lot is at least one and one-half times the required lot size both the depth and width of the lot exceed the minimums required in these regulations, and the Director finds that the proposed lot dimensions are consistent with surrounding development and the Century Plan, Cl, Building bines. Each property line of each lot ... conform to Table 34020. 1. All building setback lines shall ... No structure or impervious construction shall be allowed in the front yard area except for the following: ... 4-a. Fences . , . regulations. -2b. Driveways ... hereing 3c, Utility ... rights-of-way; and/or 4d. Drainage structures_ 2. No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one, two or three family residential lots: a. Swimming pools located at least three (3) feet from the property line and screened by a six (6) ft. tall privacy fence b. Playscapes not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened b a six (6) t tall primo fence, C, Satellite dishes or telecommunications devices not taller than nine (9) feet above meanrg ade, located at least three (3) feet from the property line and screened by a six 6) ft tall privacy fence; and/or d, Storage sheds or greenhouses not taller than nine (9,) feet above mean grade, with a floor area not to exceed 150 square feet per structure located at least three (3) feet from the property line and screened by a six 6) ft. tall privacyfence, All improvements shall be designed and installed so as to provide for a logical system of utilities, drainage and streets and to create continuity of improvements for the development of adjacent properties. Water, wastewater, transportation and drainage improvements shall be extended to the perimeter of a subdivision page 4 of revisions to subdivision regulations - February 18, 1991 [delete the existing text in this section and insert the following text] The City's extension policy for water and wastewater utilities is contained in Appendix A of this ordinance. 43000 Monuments and Control Points Subdivisions and specific Points therein shall be marked as follows: Al Standard monuments as shown in Figure 1 shall be placed at four comers of the subdivision. Where boundaries are comprised of curves, the point of curvature (P.C.) and point of tangency (P T) shall be monumented All monuments shall be designed and installed as indicated in Figure 1 At least two corners must have at least two reference Points established with tie distances not to exceed two hundred fifty (250) feet Iron pins or pipes at least one-half (1/2) inch in diameter and at least twenty- four (24) inches in length shall be placed as shown in Figure 2 at all block comers, P.C.'s and P.T.'s along the dedicated street right-of-way and at all lot corners. These markers are not required to be encased in concrete monuments. Where conditions prevent the placement of iron pins or pipes other monumentation such as drill holes,• chiselled marks in stone concrete or steel; punch marks; precast bronze or aluminum discs*, etc placed on objects of a stable and permanent nature shall be installed Where rocky or caliche soils prevent specified lengths of iron pins or pipes the rod_ shall be of such length so as to be driven to refusal at such depth where it will remain stable against an applied force from any direction of approximately 10 lbs'. for a duration in time of at least 10 seconds. Q One permanent benchmark shall be designed and installed as shown in Figure 3, and shall be referenced to the U S geological Survey Datum mean sea level) and the State Plane Coordinate System The Director may waive the requirement for installation of a benchmark for subdivisions smaller than fifth (50) acres when at least two benchmarks are located within one-half mile of the subdivision boundaries. D) All required monuments markers and the benchmark shall be in place prior to acceptance of any street improvements A. Jurisdiction. Where a variance from the design requirements of these subdivision regulations is requested:... page 5 of revisions to subdivision regulations - February 18, 1991 reasonsubdMdef stating the a .aeh __ % iii 'i' � • •.. , s ,' I `• Y ' ' • r • a U.y Lll� %.%EJ)t1fiei1. Approval of any variance shall require the affirmative vote of a majority plus one of the Commissioners attending the meeting at which a quorum is present actiona be taken. Commission.♦♦ r - followingthe -s without subsgg-uent actionsubs-e by the variances to permit existing encroachments to remain within platted building setback areas; and variances to permit exceptions to plat notes that exceed the requirements of these regulations. All other variances shall require the ratification of the Council. In granting approval of a request for variance the Commission shall make findings that:... i-1 i' � � • � ;r , Approval The final approval in a series of required actions For instance the approval date of a plat requiring approval of the Commission and then the Council is the date of Council approval. Director of Public Works This term shall include the Director of the Division of Public Utilities of the City of Georgetown., or- hi the Director's designee or other City personnel assigned the responsibilities referenced in these regulations Pla ssccape Any structure permanently anchored to the ground that is designed for recreational purposes. Sports courts such as basketball or tennis courts are not considered pla ssccapes. Privacy fence An opaque fence or screen at least six feet in height A fence shall be considered opaque if it is made of opaque materials and constructed so that gaps in the fence do not exceed one half of an inch Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half of an inch Structure Anything constructed or erected on the ground or which is attached to something located on the ground Structures include buildings telecommunications towers sheds and permanent signs Sidewalks and paving shall not be considered structures unless located within a public utility or drainage easement, page 6 of revisions to subdivision regulations - February 18, 1991 Structure, Primary A structure in which the principal convenience or necessity of the occupants business use of the lot is conducted For. in the primary structure; and example, for single family residential lots the house is the structure ,primary Structure, Secondary Any structure that: a. is subordinate and incidental to the primary structure; and b is subordinate in area extent and purpose to the primary structure° and C* contributes to the comfort, convenience or necessity of the occupants business or industry in the primary structure; and d, is located on the same lot as the primo structure page 7 of revisions to subdivision regulations - February 18, 1991