(a)
Purpose.
The subdivision regulations as herein established
for the subdivision and development of land, have been made to: guide
future growth and development in accordance with a comprehensive plan;
to guide public and private policy and action in providing adequate
and efficient transportation, water, sewerage, and other public and
private requirements; and establish reasonable standards of design
and procedures for subdivision and re-subdivision and to further the
orderly layout of land.
(b)
Authority.
The code is adopted pursuant to the laws
of the state, Local Government Code, chapter 212 and the appropriate
chapters of the city charter which governs the subdivision of land.
(c)
Jurisdiction.
The code shall be effective for all areas
within the boundaries of the city. In addition, provisions of this
code regulating the procedures and establishment of standards for
the subdivision or re-subdivision of land shall be applicable within
the city, the limits of which are defined by agreement with adjoining
cities, or as permitted by state statutes.
(Ordinance O-10-19 adopted 12/3/19)
Prior to the issuance of any building permit, the property for
which the permit is being issued shall have been platted and shall
exist as an official lot or tract of record. The city planning and
zoning commission shall exercise the power and authority to administer
standards established by this code and the city planning and zoning
commission shall approve, approve with conditions or disapprove a
plan or plat within 30 days after the date the plan or plat is filed
with the city and within 30 days of an approval or approval with conditions
by the city planning and zoning commission, the city council shall
approve, approve with conditions or disapprove a plan or plat. No
improvements should be initiated, or development commenced, nor contracts
executed until approval by the city planning and zoning commission
and the city council has been given. Fees established in accordance
with the approved fee schedule adopted in the city’s Code of
Ordinances shall be paid upon submission of a signed application.
(1)
Preliminary plat and plans.
(A)
The developer is required to submit a preliminary plat of the subdivision
to the city. Submittal shall include an application and required submittal
information requesting approval accompanied by the required filing
fees.
(B)
The purpose of the submittal is to allow city staff to review and
city planning and zoning commission to and the city council to take
action for the overall platting of the tract, water and sewer service,
and street patterns within the subdivision for conformance with the
requirements of the city.
(C)
The preliminary plat shall receive approval of the city planning
and zoning commission and the city council prior to preparation of
the final plat.
(2)
Final plat and plans.
(A)
The developer or his engineer shall submit to the city for review
of the final plat, complete construction plans, along with an application
requesting approval of the plat and the required fees.
(B)
The final plat shall require action by the city planning and zoning
commission and approval by the city council.
(3)
Replats.
(A)
Replats shall follow the requirements of chapter 212 as set forth
in the Texas Local Government Code.
(B)
Notice requirements.
If a proposed replat requires a
variance or exception, a written notice shall be mailed, no later
than 15 days in advance of the public hearing by city to each owner
that is within 200 feet of the lots to be replatted. If a proposed
replat does not require a variance or exception, a written notice
shall be mailed, no later than 15 days after action, to each owner
that is within 200 feet of the lots to be replatted. The notice of
a replat approval must include the zoning designation of the property
after the replat and the telephone number and e-mail address of the
municipality.
(4)
Amending plats.
Correction of error and omissions on
a plat shall follow the procedures set in Local Government Code, title
7, chapter 212.016 in existence at the time of correction.
(5)
Pre-development meeting.
Prior to applying for a plat,
the subdivider should consult with the city concerning the ultimate
land use of the proposed development, the most advantageous subdivision
plan, the suitability of the location of the proposed subdivision,
the arrangement of streets, alleys, and lots, the layout of utility
lines and availability of service from trunk mains and other regulations
and policies of the city regarding development.
(6)
Letter of intent.
The subdivider shall submit a letter
to the city showing his name and address and that of his land planner,
engineering consultant and/or surveyor and stating his intent to subdivide
a particular property, briefly describing the location, amount of
land, particulars as to the intended use of the property and any variances,
if requested. Such letter of intent shall be accompanied by a completed
application for plat approval, the appropriate fee and drawings of
the plat, as indicated herein.
(7)
General development plan.
(A)
A general development plan shall be approved by the planning and
zoning commission and the city council. The planning and zoning commission
and the city council shall take final action on the general development
plan prior to submittal of an application for a preliminary plat on
subdivisions with more than four (4) lots. The general development
plan shall include:
(i)
Arrangement and correlation of street pattern, particularly collector
streets and major street system, to provide good traffic circulation
throughout the neighborhood;
(ii)
General location and size of school sites, park and recreation
areas, and other public areas;
(iii)
Location of shopping centers, multi-family residential, and
other land uses;
(iv)
Proposals for water, sewer, and drainage systems in relation
to master plans where they exist for these facilities;
(v)
Proposals for service as furnished by private utility companies;
(vi)
Summary of uses by type, number, and acreage; and
(vii)
Identification of any flood prone areas and general proposals
for such areas.
(B)
Only after approval of the general development plan by the city planning
and zoning commission and the city council shall the preliminary plat(s)
be prepared. If development is to take place in several phases, the
general development plan should be submitted as supporting data for
each part.
(Ordinance O-10-19 adopted 12/3/19)
(a)
General development plan.
(1)
The approval of a general development plan shall remain in effect
so long as progress is being made toward completion of the project
on the subject property. If, however, a final plat for all or a part
of the subject property has not been filed for recordation with the
county clerk within a period of five years following the original
approval of the general development plan, the general development
plan’s approval shall terminate and become void.
(2)
Following the expiration of a general development plan, the subdivider
at any time thereafter may submit a new general development plan for
city planning and zoning commission and city council action following
the procedures and regulations then in effect.
(b)
Preliminary and final plat.
(1)
When a preliminary plat has been approved by the city planning and
zoning commission and the city council or is otherwise deemed approved,
a final plat for all or a part of the area shall be submitted within
six months of the last such approval; otherwise the approval shall
terminate and shall be void. However, prior to the expiration of said
approval, the time for filing of the application for the final plat
may be extended at the written request of the subdivider. The first
filing extension (not to exceed 90 days) shall be considered and may
be granted by the city manager or his/her designee. Any further requests
for extensions shall be considered by the city council.
(2)
If a final plat for any portion of the area shown on the preliminary
or final plat has been filed for record with the county clerk, the
preliminary plat’s approval shall remain valid indefinitely.
(3)
If a preliminary plat expires, the general development plan, if one
was approved, that underlies and forms the basis for the preliminary
plat shall also expire contemporaneously with the expiration of the
preliminary plat.
(4)
Following the expiration of the plat, the applicant at any time thereafter
may submit a new general development plan, if required, and/or preliminary-final
plat for commission or council approval following the procedures and
regulations then in effect.
(Ordinance O-10-19 adopted 12/3/19)
(a)
The appropriate fees and number of copies of the preliminary plat
shall be submitted to the city planning department, who shall note
the date that the preliminary plat is received by the city. The preliminary
plat shall not be considered to be “filed” with the city,
until it has been determined to be administratively complete. The
preliminary plat shall be considered administratively complete after
it is examined and determined to be in compliance with the general
and administrative provisions of these regulations. That date of that
determination of administrative completeness is the effective filing
date for the preliminary plat. The city shall make a determination
of whether the preliminary plat is administratively complete within
10 days after the date the preliminary plat is received by the city
and shall promptly notify the applicant of that determination.
(b)
If the preliminary plat is found not to be administratively complete,
the city shall inform the applicant, in writing, of the specific information
or corrective action needed to render the preliminary plat administratively
complete. In the event that the preliminary plat is determined not
to be administratively complete, the applicant may, within 30 days
after the date that the written determination of administrative incompleteness
is issued, (1) resubmit the preliminary plat for further administrative
completeness review and determination or (2) request that the preliminary
plat be scheduled for consideration by the city planning and zoning
commission at the first available planning and zoning commission meeting
as determined by the city secretary. A preliminary plat so placed
on the city planning and zoning commission agenda that has been determined
not to be administratively complete will be placed on the agenda with
a recommendation of disapproval from city staff based upon the finding
of administrative incompleteness. If the preliminary plat is not disapproved
by the planning and zoning commission, it shall be scheduled for action
by the city council. If the applicant does not resubmit the preliminary
plat or request placement of the preliminary plat on the planning
and zoning commission agenda within the required 30-day period provided
to allow the applicant to do so, the preliminary plat will be considered
withdrawn.
(c)
If the preliminary plat is determined to be administratively complete
by the city, the preliminary plat shall be scheduled for consideration
by the city planning and zoning commission at the first available
city planning and zoning commission meeting following the determination
of administrative completeness. Following city planning and zoning
commission approval or approval with conditions the preliminary plat
will be scheduled for action by the city council.
(Ordinance O-10-19 adopted 12/3/19)
(a)
The appropriate fees and number of copies of the final plat shall
be submitted to the city planning department, who shall note the date
that the final plat is received by the city. The final plat shall
not be considered to be filed with the city, until it has been determined
to be administratively complete. The final plat shall be considered
administratively complete after it is examined and determined to be
in compliance with the general and administrative provisions of these
regulations by the city. That date of that determination of administrative
completeness is the effective filing date for the preliminary plat.
The city shall make a determination of whether the final plat is administratively
complete within 10-days after the date the final plat is received
by the city and shall promptly notify the applicant of that determination.
(b)
If the final plat is found not to be administratively complete, the
city, shall inform the applicant, in writing, of the specific information
or corrective action needed to render the final plat administratively
complete. In the event that the final plat is determined not to be
administratively complete, the applicant may, within 30 days after
the date that the written administrative completeness determination
is issued, (1) resubmit the final plat for further administrative
completeness review and determination or (2) request that the final
plat be scheduled for consideration by the planning and zoning commission
at the first available planning and zoning commission meeting as determined
by the city secretary. A final plat so placed on the planning and
zoning commission agenda that has been determined not to be administratively
complete will be placed on the agenda with a recommendation of disapproval
from city staff based upon the finding of administrative incompleteness.
If the applicant does not resubmit the final plat or request placement
of the final plat on the city planning and zoning commission agenda
within the required 30-day period provided to allow the applicant
to do so, the final plat will be considered withdrawn.
(c)
If the final plat is determined to be administratively complete by
the city, the final plat shall be scheduled for consideration on the
first available city planning and zoning commission agenda as determined
by the date of acceptance for review and the calendar schedule as
maintained by the city secretary. Following city planning and zoning
commission approval or approval with conditions, the final plat will
be scheduled for action by the city council.
(Ordinance O-10-19 adopted 12/3/19)
(a)
The preliminary plat phase of land subdivision includes detailed
subdivision planning, submittal, review, and approval of the preliminary
plat. To avoid delay in processing the application, the subdivider’s
engineer or surveyor should provide the city with all information
essential to determine the character and general acceptability of
the proposed development. The subdivision shall be designed within
the requirements for the specific zoning district within which it
is located. Any change in zoning required in relation to the preliminary
plat shall have been adopted by the city council prior to preliminary
plat approval by the city planning and zoning commission.
(b)
The following are required for preliminary plat submission:
(1)
Five (5) copies of a preliminary plat showing the general features
of the proposed development.
(2)
This preliminary plat shall be drawn on a scale of one (1) inch equals
one hundred feet (100') or larger and shall show the following:
(3)
The outline of the tract that is proposed to be subdivided, with
boundary dimensions.
(4)
The proposed plan of subdivision, showing streets, blocks, lots,
alleys, easements, building lines, parks, etc., with principal dimensions.
The preliminary plat shall cover all of the tract intended to be developed
whether in total or by sections.
(5)
The location, width, and name of existing streets and any blocks,
lots, alleys, easements, building lines, water courses, floodplain,
boundary of tree cover, or other natural features in the area affected,
with principal dimensions, and any other significant information on
all sides for a distance of not less than two hundred feet (200').
(6)
The names of proposed streets.
(7)
The location of the nearest existing sewers, water and gas mains,
and other public utilities if any. If none near vicinity, so state.
(8)
An approved general development plan for drainage to include calculation
of 100-year storm for any stream, creek, or channel and the limits
of any floodplain either as designated by FEMA mapping or limits as
may be determined by the owner’s registered professional civil
engineer.
(9)
The proposed drainage plan shall include: a topographical map in
sufficient detail showing all abutting drainage areas either contributing
to the stormwater flows within the proposed subdivision; preliminary,
plans for drainage improvements within the proposed subdivision; and
all calculations relating to the design of the drainage plan and its
impact on the downstream system.
(10)
The name of the proposed subdivision, north point, scale, and date.
(11)
The name of the owner or owners and the signature, date, and seal
of the registered professional engineer, landscape architect, or registered
public surveyor who has prepared the preliminary, plat.
(12)
A vicinity sketch or key map at a scale of not more than one thousand
(1,000) feet to the inch which shall show all existing subdivisions,
streets, and tracts of acreage in the area.
(13)
The contours at not more than two-foot (2') intervals.
(14)
The proposed plan of improvements and utilities to be constructed
in the subdivision, prepared by a registered professional engineer,
shall be shown with indication of street widths and utility line sizes.
The accurate location of any existing utilities within the subdivision
shall be shown on the preliminary, plat.
(15)
One copy of the signed plat shall be returned to the developer.
(Ordinance O-10-19 adopted 12/3/19)
On receipt of the preliminary plat, the city shall:
(1)
Review the preliminary plat for compliance with public objectives,
giving special attention to design principles and standards; to streets
and thoroughfares as related to the master street plan of the comprehensive
plan and to neighborhood circulation; to existing and proposed zoning
and land use of the tract and adjacent tracts; and to sites required
for schools, parks, and other public facilities.
(3)
The reviewing offices will transmit their recommendations to the
city planning department. The city planner or representative of the
city planning department will then summarize the recommendations of
the reviewing offices and present them to the city planning and zoning
commission for their consideration in action on the preliminary plat.
Following city planning and zoning commission approval or approval
with conditions, the preliminary plat will be scheduled for action
by the city council.
(Ordinance O-10-19 adopted 12/3/19)
If the requirements of this code have been met, the city planning
and zoning commission shall render a decision within 30 days of the
effective filing date of the preliminary plat. Following city planning
and zoning commission action approving or approving with conditions
the preliminary plat will be scheduled for action by the city council
within 30 days of such action by the city planning and zoning commission.
(1)
The approval or approval with conditions of a preliminary plat by
the city planning and zoning commission and the city council is the
authorization to proceed with the preparation of the final plat and
application to consider the final plat. Approval or approval with
conditions of a preliminary plat does not constitute the acceptance
of a subdivision or the improvements placed therein.
(2)
The approval with conditions of a preliminary plat by the city planning
and zoning commission and the city council is the approval of the
plat subject to compliance with all conditions prescribed by the city
council. All conditions prescribed by the planning and zoning commission
and the city council shall be furnished in writing to the developer
following city council action. Compliance with the conditions imposed
shall be reflected on the “approved preliminary plat”
to be submitted and on the final plat and related documents required
for consideration of the final plat. Failure to comply with the conditions
imposed shall constitute disapproval of the preliminary plat.
(3)
The disapproval of a preliminary plat by the city planning and zoning
commission or the city council shall be final. Written notice of the
reasons for disapproval shall be provided to the developer following
planning and zoning commission or city council action disapproving
the preliminary plat.
(4)
If the developer intends to develop a proposed subdivision in sections
or phases, he shall so state at the time of application for preliminary
plat consideration.
(5)
Upon city planning and zoning commission and city council approval
of the preliminary plat, the developer shall provide to the city five
(5) copies of the plat, with revisions needed to comply with any conditions
to which the approval was subject.
(6)
One copy of the signed plat shall be returned to the developer.
(7)
An approved preliminary plat shall be valid approval to proceed with
the application for final plat consideration provided that application
for final plat consideration for the first section or phase is made
within twelve (12) months of the last in time of approval by the city
planning and zoning commission and city council approval and further
provided that the final plat for each section or phase substantially
conforms to the approved preliminary plat. Any substantial deviation
in street layout or alignment, lot size or configuration, utility
and/or drainage layout, or easement shall require submittal for consideration
of a new preliminary plat.
(8)
No construction shall begin on the proposed improvements in the proposed
subdivision prior to approval of the final plat by the city planning
and zoning commission and the city council.
(Ordinance O-10-19 adopted 12/3/19)
After the preliminary plat has been approved by the city council
and any or all conditions are complied with, the developer’s
engineer or surveyor shall prepare and file with the city a final
plat which shall comply with the requirements of this code and shall
include the following:
(1)
Five (5) copies printed of the final plat. The final plat copies
shall be clearly legible. The final plat shall be drawn to a scale
of one-inch equals one hundred feet (1" = 100') or larger in ink on
mylar or other acceptable permanent material, with all figures and
letters legible. One (1) copy of the original shall be on mylar or
other acceptable permanent material.
(2)
The final plat shall be proper for filing for record in the office
of the county clerk with the following information given:
(A)
The name or names of the owner and developer.
(B)
The name of the licensed Land Surveyor who prepared the plat.
(C)
The name of the proposed subdivision and any adjacent subdivisions.
(D)
The names of streets (to conform whenever possible to existing street
names).
(E)
The numbers of lots and blocks, in accordance with a systematic arrangement.
(F)
The north point, date, acreage being subdivided, and scale. All plats
shall be on a scale on one (1) inch equals one hundred (100) feet
or larger.
(G)
An accurate boundary survey of the property, with bearings and distances
referenced to the corner of an existing survey or established subdivisions,
with complete and accurate field notes of said boundaries. The lines
with dimensions of all adjacent lands and alleys, and easements in
adjacent subdivisions shall be shown in dashed lines
(H)
The location of proposed lots, streets, alleys, easements, building
setback lines (both front and side streets), and other features.
(I)
All necessary dimensions, including linear, angular and curvilinear,
and other surveying information necessary to reproduce the plat on
the ground with the linear and curvilinear dimensions shown in feet
and decimals of a foot.
(J)
The angular dimensions shall be shown by true bearings. The length
of all straight lines, deflection angles, radii, tangents, central
angle of curves shall be shown. All curve information shall be shown
for the center line of the street. Dimensions shall be shown from
all angle points and points of curve of lot lines. All lots on curves
shall be shown with curve length dimensions based on arc definitions
(L)
All deed restrictions that are to be filed with the plat.
(M)
Certification by a registered public surveyor, licensed by the state,
placed on the plat as follows:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, _______________, do hereby certify that I prepared this
Plat from an actual and accurate survey of the land and that the corner
monuments shown thereon shall be properly placed, under my personal
supervision, in accordance with the Development Code regulations of
the City of Glenn Heights, Texas.
(SEAL)
(N)
Certificate of approval by the city council to be placed on plat
in manner that will allow filling in of the certificate:
I hereby certify that the above and foregoing plat of _____
addition to the City of Glenn Heights was approved this _____ day
of _____ , 20_____, by the city council of the City of Glenn Heights,
Texas.
|
__________________________
Mayor
|
|
__________________________
City Secretary
|
Said addition shall be subject to all the requirements
of the development code of the City of Glenn Heights.
Witness my hand this _____ day of _____, 20_____.
|
__________________________
City Secretary
|
(O)
An instrument of dedication, signed and acknowledged by the owner
or owners and by all other parties who have a mortgage or lien interest
in the property, showing all restrictions, reservations, and/or easements,
if any, to be imposed and reserved in connection with the addition.
Such restrictions shall include the following provisions:
“No house, dwelling unit, or other structure shall be
constructed on any lot in this addition by the owner or any other
person until: [sic]
(P)
Receipt showing that all taxes are paid.
(Q)
The final plat submitted to the city planning and zoning commission
and city council to be filed for record with the county clerk shall
not show construction or physical features unless so unusual as to
be of significance; except that the shoreline of water areas shall
be shown with the date surveyed.
(R)
Two copies of each of the following:
(Ordinance O-10-19 adopted 12/3/19)
On receipt of the final plat, the city shall check the final
plat for completeness and conformity to the approved preliminary plat
and prepare and submit a written recommendation to the city planning
and zoning commission.
(Ordinance O-10-19 adopted 12/3/19)
(a)
Upon filing of said final plat with the city by the developer, the
city planning and zoning commission shall take action thereon within
thirty (30) days. Said action may consist of approval, approval with
conditions, or disapproval. Reasons for disapproval or conditional
approval shall be stated by the city planning and zoning commission
in writing following city planning and zoning commission action in
compliance with state law. Following city planning and zoning commission
action approving or approving with conditions, the final plat will
be scheduled for action by the city council within 30 days of such
city planning and zoning commission action. City council action thereon
may consist of approval, approval with conditions, or disapproval.
Reasons for disapproval or conditional approval shall be stated by
the city council in writing following city council action in compliance
with state law. When a final plat is approved with conditions, ten
(10) revised prints shall be submitted showing compliance with the
conditions.
(b)
After the final plat has been approved and has been fully and properly
endorsed, the city secretary shall file the plat with the county clerk.
(c)
If the public improvements for a subdivision have not been constructed
and accepted by the city, and a corresponding final plat for that
subdivision filed in the map and plat records of the appropriate county
within eighteen (18) months from the date of final plat approval by
the city, the final plat shall be null and void and shall conclusively
be deemed to be withdrawn, without further action by the city; provided,
however, this provision shall not apply to final plats approved by
the city prior to January 6, 1997. An approved, unexpired final plat
may be extended once for a period not to exceed twelve (12) months
pursuant to the following provisions:
(1)
The city council may extend the approval of the final plat for good
cause shown by the applicant, if there has been no significant change
in development conditions affecting the subdivision plan and the plat
continues to comply with all applicable standards and ordinances.
(2)
A request for an extension of time to complete final public improvements
for a subdivision pursuant to these provisions shall be submitted
to the city no later than the date the final plat expires. The request
shall be in writing and the application shall state the reason and
justification for the requested extension.
(Ordinance O-10-19 adopted 12/3/19)
Procedures as set forth in this article shall be followed in
replatting of platted property or the abandonment of a recorded subdivision.
(Ordinance O-10-19 adopted 12/3/19)
(a)
Concurrent with the final plat, the developer shall submit construction
plans for the development of all public improvements proposed in the
subdivision or section thereof. Said construction plans are to be
submitted to the city.
(b)
Upon approval of the submitted construction plans and any required
agreements between the city and subdivider, appropriate construction
documents for all facilities will be filed with the city.
(c)
Upon completion of all public subdivision improvements, the following
shall be submitted to the city: Two (2) sets of “as built”
construction plans, a maintenance bond covering all improvements in
the amount of one hundred percent (100%) of the total construction
costs to be in effect for a period of one (1) year from date of acceptance
of improvements, any pro rata contracts, and a listing of final quantities
for any city costs for participation in oversized facilities.
(d)
Following the completion of the subdivision improvements and final
inspections, the subdivision improvements shall be submitted for approval
and acceptance by the city who shall notify developer in writing of
said final acceptance.
(Ordinance O-10-19 adopted 12/3/19)
Construction plan and profile sheets for all public improvements
shall be reviewed prior to construction and approval of the final
plat. Construction plans and profiles shall be drawn on sheets measuring
twenty-four (24) by thirty-six (36) inches. Each sheet shall include
north point, scale, and date. Bench mark description to sea level
datum shall be included with the plans.
(1)
Each sheet shall show the seal and signature of the registered professional
engineer licensed by the state who prepared the plans and shall include
the following, unless specifically approved otherwise by the city.
(A)
A plan and profile of each street with top of curb grades shown.
Scale shall be 1" = 20' horizontally, and appropriate vertical scale.
(B)
The cross-section of proposed streets, alleys, and sidewalks showing
the width and type of pavement, base and subgrade, and location within
the right-of-way.
(C)
A plan and profile of proposed sanitary sewers, with grades and pipe
sized indicated and showing locations of manholes, cleanouts, and
other appurtenances, and a cross section of embedment
(D)
A plan of the proposed water distribution system showing pipe sizes
and location of valves, fire hydrants, fittings and other appurtenances,
with a section showing embedment.
(E)
A plan to scale of all areas contributing stormwater runoff or drainage
within and surrounding the proposed subdivision. Such plan shall indicate
size of areas, storm frequency and duration data, amounts of runoff,
points of concentration, and other data necessary to adequately design
drainage facilities for the area.
(F)
A plan and profile of proposed storm sewers, showing hydraulic data,
pipe grades and sizes, manholes, inlets, pipe connections, culverts,
outlet structures, bridges, and other structures.
(G)
Profile views of individual improvements shall have no more than
two improvements on one sheet unless specifically approved by the
city. The project engineer is responsible for the accuracy, completeness,
and conformance to city standards.
(2)
The purpose of the city review is to assure conformance to city policies
and standards. However, the city review is limited to facts as presented
on submitted plans. The city takes no project engineering responsibility.
The engineer certifying the plans is the engineer responsible for
the accuracy and completeness of the documents submitted for review
and actual construction.
(3)
The city reserves the right to require plan corrections when actual
conditions in the field are found to be contrary to or omitted from
the previously submitted plan.
(Ordinance O-10-19 adopted 12/3/19)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the content clearly indicates a different meaning:
The subdivision of land and/or the construction, reconstruction,
conversion, or the structural alteration, relocation or enlargement
of any buildings or structures; and any use or extension of the use
of land.
With regard to an individual permit for a project, shall
mean that no progress has been made towards completion of the project
for a period of two years. With regard to a project in general, shall
mean that no progress has been made towards completion of the project
for a period of five years.
A license, certificate, approval, registration, consent,
permit, contract or other agreement for construction or other form
of authorization required by law, rule, regulation, order, or ordinance
that a person must obtain from the city to perform an action or initiate,
continue, or complete a project for which the permit is sought. All
permits required for a project are considered to be a single series
of permits. Preliminary plans and related subdivision plats, site
plans, and all other development permits for land covered by the preliminary
plans or subdivision plats are considered collectively to be one series
of permits for a project.
An individual, corporation, business trust, estate, trust,
partnership or association, two or more persons having a joint interest,
or any other legal or community entity.
Towards completion of a project shall include any one of
the following:
An application for a final plat or plan is submitted to the
city;
A good-faith attempt is made to file with the city an application
for a permit necessary to begin or continue towards completion of
the project;
Costs have been incurred for developing the project including,
without limitation, costs associated with roadway, utility, and other
infrastructure facilities designed to serve, in whole or in part,
the project (but exclusive of land acquisition) in the aggregate amount
of five percent of the most recent appraised market value of the real
property on which the project is located;
Fiscal security is posted with the city to ensure performance
of an obligation required by the city; or
Utility connection fees or impact fees for the project have
been paid to a regulatory agency.
An endeavor over which the city exerts its jurisdiction and
for which one or more permits are required to initiate, continue,
or complete the endeavor.
(Ordinance O-06-15 adopted 7/21/15)
An individual permit for a development project shall become
dormant and expire if, for a period of two years subsequent to the
original permit application being filed with the city, no progress
is made towards completion of the project. Should any other provision
of this code or applicable law provide a shorter expiration period
for a particular permit, the law providing for the shorter expiration
period shall apply notwithstanding this section.
(Ordinance O-06-15 adopted 7/21/15)
A development project shall become dormant and expire if, for
a period of five years subsequent to the first application for a permit
being filed with the city, no progress has been made towards completion
of the project.
(Ordinance O-06-15 adopted 7/21/15)
Upon a permit expiring pursuant to this article, any person
seeking to initiate, continue, or complete a project for which an
expired permit is required, shall be required to file a new permit
application with the city and shall be subject to all policies, rules,
ordinances and laws in effect at the time the new permit application
is filed.
(Ordinance O-06-15 adopted 7/21/15)
