This Subdivision Ordinance is adopted under the authority of
the Constitution and laws of the State of Texas, including particularly
Chapter 212 of the Texas Local Government Code.
(Ordinance O-2003-02 adopted 2/4/03)
The purpose of this Ordinance is to provide for the orderly,
safe and healthful development of the area within the corporate limits
of the City and within the extraterritorial jurisdiction of the City,
and to promote the health, safety, morals and general welfare of the
community. The regulations contained herein are adopted to promote
and encourage the development of high quality subdivisions by establishing
standards for the provision of adequate light, air, open space, stormwater
drainage, transportation, public utilities, and suitable building
lots. Through the application of these subdivision regulations, the
interests of the public, as well as those of public and private parties,
both present and future, having interests in property affected by
these regulations, are protected by establishing fair and rational
procedures for developing land.
These regulations are designed and intended to achieve the following
purposes and shall be administered so as to:
A.
Promote the
health, safety, morals and general welfare of the City; and
B.
Promote the
orderly, safe and healthful development of the City; and
C.
Provide orderly
policies and procedures to guide development of the City; and
D.
Provide for
the establishment of an equitable and expeditious review of plats;
and
E.
Realistically
and harmoniously relate new development of proximate tracts; and
F.
Provide for
establishment of minimum specifications for construction and engineering
design criteria for public infrastructure in order to maintain land
values, reduce inconveniences to residents of the area, and to reduce
unnecessary costs to the City for correction of inadequate facilities
that are designed to serve the public; and
G.
Provide the
adequate light, air, and privacy; to secure safety from fire, flood,
and other danger; to prevent overcrowding of the land and undue congestion
of population; and to provide minimum width and depth of building
lots and building lines; and
H.
Protect and
conserve the value of land throughout the City; and
I.
Provide the
most beneficial circulation of traffic throughout the City, having
particular regard to the avoidance of congestion in the streets and
highways, and pedestrian traffic movements; and to provide for the
proper location and width of streets; and
J.
Establish
reasonable standards of design and procedures for subdivisions and
other developments, in order to further the orderly layout and use
of land; and to ensure proper legal descriptions and documentation
of subdivided land; and
K.
Ensure that
public facilities are available for every building site and with sufficient
capacity to serve the proposed subdivision, and to provide public
facilities for future development; and
L.
Provide proper
utilities and services for adequate drainage, water supply, and disposal
of sanitary and industrial waste; and
M.
Assure the
adequacy of drainage facilities; and to encourage the wise use and
management of natural resources throughout the City in order to preserve
the integrity, stability, and beauty of the community; and
N.
Preserve
the topography of the City and to insure appropriate development with
regard to natural features; and
O.
Furnish adequate
and convenient sites, for schools, parks and open spaces, playgrounds,
and other community services, respecting topography and existing vegetation
so that the natural beauty of the land shall be preserved; and
P.
Assure that
new development adequately and fairly participates in the dedication
and construction of public improvements and infrastructure that are
necessitated by or attributable to the development or that provide
value or benefit that makes the development feasible; and
Q.
Address other
needs necessary for ensuring the creation and continuance of a healthy,
attractive, safe and efficient community that provides for the conservation,
enhancement and protection of its human and natural resources.
(Ordinance O-2003-02 adopted 2/4/03)
Any person owning a tract of land located within the corporate
limits or extraterritorial jurisdiction of the City of Azle who hereafter
divides the tract into two or more parts to lay out a subdivision,
to lay out a building lot, or to lay out streets, alleys, squares,
parks, or other parts of the tract intended to be dedicated to public
use, or for the use of purchasers or owners of lots fronting on or
adjacent to the streets, alleys, squares, parks, or other parts for
purposes of development shall have a plat of the subdivision prepared
and approved according to these Subdivision Regulations. A division
of a tract 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 for purpose of development.
A division of land under these regulations does not include a division
of land into parts greater than five acres, where each part has access
and no public improvement is being dedicated.
(Ordinance O-2003-02 adopted 2/4/03)
It is hereby declared to be the policy of the City to consider
the subdivision and development of land as subject to the control
of the City, in order to carry out the purpose of the Comprehensive
Plan, and to promote the orderly, planned, efficient and economical
development of the City. Furthermore, it is the policy of the City
that:
A.
Land shall
not be subdivided or otherwise developed until proper provision has
been made for drainage, water, sewer, transportation and other facilities
required by these Subdivision Regulations; and
B.
All public
and private facilities and improvements shall be of at least a minimum
capacity necessary to adequately serve the development and shall conform
to and be properly related to the Comprehensive Plan of the City and
the Design Manual; and
C.
These Subdivision
Regulations shall supplement, and facilitate the enforcement of, provisions
and standards contained in the Zoning Ordinance and building codes
adopted by the City.
(Ordinance O-2003-02 adopted 2/4/03)
A.
These Subdivision
Regulations shall apply to all tracts of land within the corporate
limits of City and its extraterritorial jurisdiction. Wherever this
ordinance refers to “City” or the “City of Azle”
it shall also be deemed to refer to and shall apply to the City’s
extraterritorial jurisdiction. This Ordinance is designed, intended
and is to be administered in a manner to:
B.
These Subdivision
Regulations govern the subdivision and platting of land and are intended
to require the creation of usable sites that meet minimum standards
designed to protect the public health, safety and welfare of the citizens
of the City. Separate and distinct regulations have been adopted by
the City to govern other aspects of development, such as land use,
building construction, and other health, safety and welfare issues
such as the prohibition of nuisances. Although these other ordinances
are designed to complement these Subdivision Regulations and may incorporate
similar goals, and objectives, and use similar means to accomplish
these goals and objectives, they are separate and distinct from these
Subdivision Regulations. Applications made under these Subdivision
Regulations for the approval of subdivision or development sites are
not intended to negate the need to make separate applications for
different projects or aspects of development.
(Ordinance O-2003-02 adopted 2/4/03)
It is the intent and policy of these Subdivision Regulations
that any requirement imposed hereunder as a condition of development
be fair and equitable to each development and be based upon the impact
the proposed development is projected to have on public facilities
and services which are necessitated by the proposed development or
anticipated benefits derived by the development from compliance with
such conditions. Any conditions placed on development shall be designated
to assure the orderly growth of the community in accordance with the
Comprehensive Plan. Any developer/owner who believes that proposed
conditions of development will work a hardship or are in excess of
the impacts caused or benefits derived by the development shall, prior
to approval of any plat, identify in writing to the City Manager or
his/her designee any such excessive conditions which the developer/owner
believes are being improperly or unfairly imposed, along with any
engineering or other evidence supporting the developer position. In
addition, the developer shall apply for a variance from such proposed
conditions in accordance with the procedures set forth in these Subdivision
Regulations. The failure to submit a timely request for relief under
these procedures shall be deemed to be the developer’s consent
to the conditions imposed.
(Ordinance O-2003-02 adopted 2/4/03)
The Development Services Manager shall maintain an Official
City Map which shall indicate the location of all subdivisions, lots
and street right-of-ways. Subdivision plats hereafter approved shall
be placed on the Official Map in a timely order. The Official City
Map shall include the names of all streets and street suffix classifications.
Where street name inconsistencies exist from one subdivision to another,
the Development Services Manager shall place on the Official City
Map the generally accepted street name, its proper spelling, and suffix
classification. The Development Services Manager shall assign street
address ranges for each block and coordinate these with the Fire Chief.
(Ordinance 2013-23 adopted 11/19/13)
These Subdivision Regulations shall be held to be the minimum
requirements for the development of a subdivision or lot within the
corporate limits of the City. In addition to the requirements established
herein, all plats shall be in conformity with the following:
A.
All applicable
State statutory provisions contained in Chapter 212, Texas Local Government
Code.
B.
The zoning
ordinance, building and housing codes, and other applicable laws of
the City.
C.
Any official
plans adopted by the City under Chapter 213, Texas Local Government
Code, including but not limited to the Official Comprehensive Plan,
Capital Improvements Program of the City, Parks Plan, Master Thoroughfare
Plan, and any other official plan adopted by the City Council which
has an effect on the development of property in the City.
D.
Any regulations
of the County Health Departments and appropriate state agencies.
E.
Any applicable
regulations of the Texas Commission on Environmental Quality or any
other agency related to the installation of water, sewer, or other
facilities.
F.
The regulations
of the Texas Department of Transportation, when the subdivision, or
any lot contained therein, abuts a state-maintained highway.
G.
The standards,
codes and regulations adopted for administration by the Building Official.
(Ordinance 2013-23 adopted 11/19/13)
Amendments to these Subdivision Regulations may be made by the
City Council upon recommendation by the Planning and Zoning Commission.
The Planning and Zoning Commission and the City Council shall conduct
public hearings on all proposed amendments to these regulations. Amending
actions may be initiated in one of the following manners:
A.
Upon a majority
vote of the City Council.
B.
Upon a majority
vote of the Planning and Zoning Commission.
C.
Upon written
request from the City Manager.
(Ordinance O-2003-02 adopted 2/4/03)
