This chapter shall be known and may be cited as "the City of
Gunter Subdivision and Property Development Regulations."
(Ordinance 030609-3 adopted 6/9/03)
The purposes of this chapter are:
A. To protect
and provide for the public health, safety, and general welfare of
the City.
B. To guide
the future growth and development of the City in accordance with the
Comprehensive Plan.
C. To ensure
safety from fire, flood, and other danger, and to prevent overcrowding
of the land and undue congestion of population.
D. To guide
public and private development in order to provide adequate and efficient
transportation, water, sewerage, drainage, and other public requirements
and facilities.
E. To provide
for the circulation of traffic and pedestrians required for the beneficial
use of land and buildings and to avoid congestion throughout the City.
F. To establish
reasonable standards of design and procedures for platting to further
the orderly layout and use of land, and to ensure proper legal descriptions
and monumenting of platted land.
G. To ensure
that adequate public facilities and services are available and will
have sufficient capacity to serve the proposed subdivision or development
and that the community will be required to bear no more than its fair
share of the cost of providing the facilities and services.
H. To prevent
the pollution of streams and ponds; to ensure the adequacy of drainage
facilities; to safeguard the water table, and to encourage the wise
use and management of natural resources, and enhance the stability
and beauty of the community and the value of the land.
I. To provide
for open spaces through the most efficient design and layout of the
land.
J. To remedy
the problems associated with inappropriately platted lands, including
premature subdivision, incomplete subdivision and scattered subdivision.
(Ordinance 030609-3 adopted 6/9/03)
This chapter is adopted under the authority of the Constitution
and Laws of the State of Texas, including particularly and without
limitation Chapter 212, subchapters A and B, of the Texas Local Government
Code. The rules and regulations herein adopted apply equally to the
subdivision and development of land within the corporate limits and
within the extraterritorial jurisdiction of the City.
(Ordinance 030609-3 adopted 6/9/03)
A. Duty of
Landowner to Plat Property.
1. Subdivision
Plats.
a. Plat
Required.
Except as expressly exempted by the subdivision
and property development regulations under subsection A.1.b the owner
of a tract of land located within the corporate limits or in the extraterritorial
jurisdiction of the City of Gunter who divides the tract into two
or more parts to lay out a subdivision or any addition, building or
lot, or to lay out streets, alleys, squares, parks, or other parts
of the tract intended to be dedicated to public use or the use of
purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts must have a plat of the subdivision.
A division of a tract under this subsection includes a division regardless
of whether it is made by using a metes and bounds description in a
deed of conveyance or in a contract for a deed, by using a contract
of sale or other executory contract to convey, or by using any other
method.
b. Exemptions.
The following divisions of land do not require approval by the
City of Gunter:
(1) The creation of a leasehold for a space within a multi-occupant building
or a commercial building site which does not abut a public street,
provided that the property is a part of an approved subdivision or
development plat and regulated in accordance with the site plan requirements
of the City, and such plat has been amended as may be required to
add easements or otherwise serve the leasehold. For purposes of this
section, a leasehold abuts a public street if it is immediately adjacent
to a public street or if it is so close to a public street that no
usable property lies between the leasehold and the public street.
(2) The creation of a leasehold for agricultural use of the subject property,
provided that the use does not involve the construction of a building(s)
to be used as a residence or for any purpose not directly related
to agricultural use of the land or crops or livestock raised thereon.
(3) The division of property through inheritance, the probate of an estate,
or by a court of law and not for purposes of development.
(4) The division of land into parts each of which is greater than five
(5) acres in size for which no public improvement is to be dedicated
and where each part has access from a public street.
(5) Remainder tracts, except to the extent required for purposes of supplying
information needed for evaluation of the proposed development.
B. Subsequent
Divisions.
Approval of a subdivision plat pursuant to
Section 1.4.A, 1 shall be required prior to sale, lease or development
of any tract for which a development plat has been previously approved
and for which division into two or more parts subsequently is proposed
by the property owner.
C. Remainders.
The owner of a tract or parcel who seeks to divide the land
into two or more parts for purposes of sale, lease or development
may designate one part which is not be developed as a remainder tract.
Such tract shall be clearly identified by the term "remainder" and
shall be deemed not to be part of the subdivision or development plat.
D. Platting
Information.
A written request may be directed to the
Commission for information concerning whether a plat is required under
these regulations, in accordance with Section 212.0115, as amended,
of the Texas Local Government Code.
E. Legal Description.
Except as provided above, no land may be subdivided or platted
through the use of any legal description other than with reference
to a plat approved by the Council in accordance with these regulations.
F. Prohibition.
Except as provided above, no land shall be divided for purposes
of sale, lease, or transfer, nor shall land be developed until the
property owner has obtained approval of a final subdivision plat or
development plat as required by these regulations.
G. Withholding
Public Improvements.
The City shall withhold all public
improvements and utilities, including the maintenance of streets and
the provision of sewage facilities and water service, from all tracts,
lots or additions, the platting of which has not been officially approved
and for which a certificate of compliance has not been issued.
H. Limitation
on Permits.
No building permit or certificate of occupancy
shall be issued for any parcel or tract of land until such property
has received final plat or development plat approval and is in substantial
conformity with the provisions of these subdivision and property development
regulations, and no private improvements shall take place or be commenced
except in conformity with these regulations.
(Ordinance 030609-3 adopted 6/9/03)
A. Interpretation.
In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare. These regulations
shall be construed broadly to promote the purposes for which they
are adopted.
B. Conflict
with Other Laws.
These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule or regulation,
statute or other provision of law except as provided in these regulations.
Where any provision of these regulations imposes restrictions different
from those imposed by any other provision of these regulations, or
other provision of law, the provision, which is more restrictive or
imposes higher standards shall control.
C. Separability.
If any part or provision of these regulations or the application
of these regulations to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, the judgment shall be confined
in its operation to the part, provision, or application directly involved
in the controversy in which the judgment shall be rendered and it
shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances.
The Council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application,
which is judged to be invalid.
(Ordinance 030609-3 adopted 6/9/03)
For the purpose of protecting the public health, safety and
general welfare, the Council may from time to time propose amendments
to these regulations, which shall then be approved or disapproved
by the Council at a public hearing.
(Ordinance 030609-3 adopted 6/9/03)
All applications for subdivision or development plat approval,
including final plats, pending on the effective date of these regulations,
together with any subsequently filed plat applications which are deemed
to be vested, shall be reviewed under subdivision and property development
regulations in effect immediately preceding the date of adoption of
these regulations, and such regulations shall be kept in effect for
such purpose.
(Ordinance 030609-3 adopted 6/9/03)
A. Violations
and Penalties.
Any person who violates any of these regulations
for lands within the corporate boundaries of the City shall be subject
to a fine of not more than $2000 per day, pursuant to the Texas Local
Government Code 54.001 - 2, et seq. as amended of Acts 1987, ch. 680.
B. Civil Enforcement.
Appropriate civil actions and proceedings may be maintained
in law or in equity to prevent unlawful construction, to recover damages,
to impose additional penalties, [or] to restrain, correct, or abate
a violation of these regulations, whether such violation occurs with
respect to land within the corporate boundaries of the City or within
the City's extraterritorial jurisdiction. These remedies shall be
in addition to the penalties described above.
(Ordinance 030609-3 adopted 6/9/03)
An applicant shall pay all applicable fees in an amount adopted
and set forth in the Master Fee Schedule of this Code of Ordinances
of the City of Gunter, Texas. All application and filing fees and
charges must be paid in advance and no action of the Planning and
Zoning Commission or the City Council shall be valid until the fees
shall have been paid. All fees and charges shall be paid to the City
when any application or petition is tendered to the Planning and Zoning
Commission, City Council, or any other authorized board or agency
of the City. No application is complete unless all of the information
required by the city and all application materials required by the
City are included, and all required fees are paid. An application
is not considered filed until it is complete.
Fees shall be charged on all applications, regardless of the
action taken on the application by the Planning and Zoning Commission,
City Council, or any other authorized board or agency of the City,
and whether the application is approved or denied.
A check made payable to the City of Gunter to cover all recording
fees involved in finishing the platting process shall be delivered
to the City Secretary at the time an application is submitted.
The city manager or his or her designee may refuse to issue
permits to the applicant or his/her successors or assigns if the fees
are not paid.
(Ordinance 2015-12-10-02, sec. 12,
adopted 12/10/15)
The following design standards and specifications are incorporated
by reference into this ordinance: All manuals referred to in the City
of Gunter Code of Ordinances, Building and Construction Codes, the
North Central Texas Council of Governments (NCTCOG) Standard Specifications
for Public Works Construction, and the attached City Design Criteria.
(Ordinance 030609-3 adopted 6/9/03)
As expressly permitted by Chapter 212 of the Texas Local Government
Code as amended, all applications and filings required by the City
of Gunter Subdivision and Property Development Regulations may be
submitted to the City of Gunter only on the Monday following the Second
Thursday of each calendar month, except that if the Monday following
the Second Thursday of the calendar month falls on a public holiday,
or the City of Gunter is otherwise lawfully closed for business that
day, the submission date shall be the next business day the City is
open. In the event any applicant or filer submits an application or
filing prior to said date, the applicant or filer is presumed to consent
to the City maintaining the application or filing until the Monday
following the Second Thursday of the month, at which time it shall
be submitted or filed, as may be appropriate. Should any applicant
or filer not consent to the City maintaining the application or filing
until that time, the application or filing shall be returned to the
applicant or filer without being submitted or filed upon the City
receiving notice of such lack of consent.
(Ordinance 2023-11-16-02 adopted 11/16/2023)