4.01.01
The Development Officer shall be the designated authority charged
with the administration and enforcement of this Ordinance. The City
Manager or a designee of the City Manager shall serve in this capacity.
The Development Officer may also serve as the staff advisor to the
City Council, Planning and Zoning Commission, city staff, and citizens
relating to the administration, interpretation, implementation, and
enforcement of the provisions of this Ordinance.
4.01.02
Duties:
The Development Officer shall have the following
duties:
A.
The
Development Officer shall have the power to make inspections of construction
sites, buildings and premises to carry out the duties prescribed herein.
B.
The
Development Officer shall examine all building permit applications
and shall certify that the proposed construction, moving, alteration,
or use complies with the provisions of this Ordinance.
C.
The
Development Officer shall certify all Certificates of Occupancy prior
to their issuance.
D.
The
Development Officer shall investigate alleged violations of this Ordinance,
and shall conduct a visual inspection of all uses within the City.
If a violation or suspected violation is found, enforcement efforts
shall be undertaken by the Development Officer.
E.
The
Development Officer shall perform such other duties as assigned by
the City Manager relating to the administration, interpretation, implementation,
and enforcement of the provisions of this Ordinance.
(Ordinance 555-08 adopted 3/10/08)
4.02.01
This Ordinance shall govern all subdivisions of land within the corporate
limits of the City of Navasota and within the City’s extraterritorial
jurisdiction (ETJ), as defined herein, and pursuant to the Texas Local
Government Code and other applicable laws.
4.02.02
No land shall be subdivided within the corporate limits or the extraterritorial
jurisdiction of the municipality until:
4.02.03
No building permit or certificate of occupancy shall be issued for
any parcel or plat of land which was created by subdivision or developed
after the effective date of, and not in conformity with, the provisions
of this Ordinance. No excavation of land, construction of any public
or private improvements, or development shall take place or be commenced
except in conformity with this Ordinance.
4.02.04
The City of Navasota shall not serve or connect any land with water
or sewer service, or other utilities, unless the project or site is
in full compliance with the terms of this Ordinance.
(Ordinance 555-08 adopted 3/10/08)
4.03.01
Generally:
In the interpretation and application of
the provisions of this Ordinance, such provisions shall be held to
be the minimum requirements for the promotion of the public health,
safety, and general welfare.
4.03.02
Conflict with Public and Private Provisions:
A.
Public
Provisions:
This Ordinance is not intended to interfere
with, abrogate, or annul any other ordinance, rule or regulation,
statute, or other provision of law. Where any provision of this Ordinance
imposes a restriction different from those imposed by any other provision
of this Ordinance or any other ordinance, rule, regulation, or other
provision of law; whichever provisions are more restrictive or impose
higher standards shall prevail.
B.
Private
Provisions:
This Ordinance is not intended to abrogate
any easement, covenant [or] any other private agreement or restriction.
Where the provisions of this Ordinance are more restrictive or impose
higher standards or regulations than such easement, covenant, or other
private agreement or restriction, the requirements of this Ordinance
shall govern. Where the provisions of private easements, restrictions
or covenants impose duties and obligations more restrictive, or higher
standards than the requirements of this Ordinance, or the determinations
of the Planning Commission or the City in approving a subdivision
or in enforcing this Ordinance, and such private provisions are not
inconsistent with this Ordinance or determinations thereunder, then
such private provisions shall govern. However, it is not the intent
of this Ordinance that the enforcement of such private provisions
be the responsibility of the City of Navasota.
(Ordinance 555-08 adopted 3/10/08)
For the purpose of providing for the public health, safety,
and general welfare, the Planning Commission may from time to time
make recommendations to the City Council to amend the provisions imposed
by this Ordinance. The Planning Commission shall review these regulations
two (2) years after the date of adoption and every two (2) years thereafter,
to determine the need for periodic updates and amendments. Public
hearings on all proposed amendments shall be held by the Planning
Commission and City Council in the manner prescribed by law.
(Ordinance 555-08 adopted 3/10/08)
The regulation of the subdivision of land and the attachment
of reasonable conditions to land subdivision is a valid exercise of
the police power delegated by the State of Texas to the City of Navasota.
The developer shall comply with reasonable conditions established
by the Planning Commission for the design, dedication, improvement,
and use of the land so as to conform the project to the developmental
goals of the community at-large.
(Ordinance 555-08 adopted 3/10/08)
4.06.01
The owner of a tract of land located within the corporate limits
or in the extraterritorial jurisdiction of the city of Navasota, who
divides the tract into two (2) or more parts to lay out a subdivision
of a tract, shall have a plat of the subdivision prepared for review,
approval and recording pursuant to this Ordinance.
4.06.02
All contiguous land which is intended to be sold or developed, and
which is under the ownership of the applicant, shall be included on
the preliminary plat.
4.06.03
A division (subdivision) of land is not required to be platted under
this section if the division of land is into parts greater than five
(5) acres, where each part has access and no public improvement is
being dedicated.
4.06.04
A plat of a subdivision shall be required for development on a parcel
or plot of land not previously platted, for a resubdivision of land
previously platted, or an amendment of any approved plat.
4.06.05
The City of Navasota chooses to be covered by Subchapter B, “Regulation
of Property Development,” and Chapter 212 of the Texas Local
Government Code regarding the requirement of a Development Plat. Any
proposed development of a tract of land or lot of record not located
within a recorded subdivision within the City limits or the extraterritorial
jurisdiction (ETJ) of the City of Navasota must have a Development
Plat of the tract prepared in accordance with the design and improvement
standards and requirements of the Navasota Subdivision Development
Ordinance and the site development and design standards of the Navasota
Zoning Ordinance. New development may not begin on the property until
the Development Plat is filed with and approved by the City.
(Ordinance 555-08 adopted 3/10/08; Ordinance 733-14 adopted 4/28/14)
4.07.01
The owner of an unplatted tract of land located within the city limits
who makes application for a building permit on such unplatted tract,
shall cause the tract to be platted in conformance with this Ordinance
before the permit may be issued. This provision shall only apply to
the following classifications of building permits:
A.
A
building permit for a new structure. However, a building permit for
an accessory use, as defined herein, for a single-family residential
use shall be exempt from the platting requirement;
B.
A
building permit for the renovation, remodeling or expansion of an
existing structure which increases the gross floor area by twenty-five
(25) percent or more;
C.
A
building permit for the renovation, remodeling or expansion of an
existing residential structure that results in the land use of such
structure to be changed to a nonresidential use; or
D.
A
permit for the placement of a manufactured home or other structure.
(Ordinance 555-08 adopted 3/10/08)
4.08.01
Certificate:
Upon the approval of a final plat by the
Planning Commission or the approval of a minor plat by the Development
Officer, and after the filing of the plat in the official records
of the Grimes County Clerk, the Development Officer shall issue the
subdivider a certificate stating that the plat has been reviewed and
approved by the City of Navasota.
4.08.02
Platting Determinations:
On the written request of an
owner of land within the City’s corporate limits or its ETJ,
the Development Officer, acting on behalf of the Planning Commission,
shall make the following determinations regarding the owner’s
land:
4.08.03
An owner’s request for a building permit shall identify the
land that is the subject of the request by its legal description.
The Development Officer shall make the above determination within
twenty (20) days after the date the request is received, and shall
issue the certificate within ten (10) days after the date the determination
is made.
(Ordinance 555-08 adopted 3/10/08)
4.09.01
Generally:
The owner of land shown on a plat may vacate
the plat at any time before any lot in the plat is sold. If lots in
the plat have been sold, the plat, or any part of the plat, may be
vacated on the application of all owners of lots in the plat.
4.09.02
Procedures:
A request for a plat vacation shall be made
on the forms provided by the City, with the required signature(s)
and acknowledgments. The vacation shall be considered by the Planning
Commission in the manner prescribed for the original plat. Once the
request for vacation has been approved by the Planning Commission,
an Order to Vacate shall be signed by the officers of the Planning
Commission responsible for the signing of plats, and submitted to
the Grimes County Clerk for filing. If the plat being vacated is located
outside of the city limits, the vacation must also be approved by
the Grimes County Commissioners Court prior to its submittal to the
Grimes County Clerk. The Grimes County Clerk shall write legibly on
the vacated plat the word “Vacated” and shall enter on
the plat a reference to the volume and page number at which the vacating
instrument is recorded. On the execution and recording of the vacating
instrument, the vacated plat has no effect.
(Ordinance 555-08 adopted 3/10/08)
4.10.01
Generally:
A replat of a subdivision or part of a subdivision
may be recorded and is controlling over the preceding plat without
vacation of that plat if the replat:
A.
Is
signed and acknowledged by only the owners of the property being replatted;
B.
Is
approved, after a public hearing on the matter at which parties in
interest and citizens have an opportunity to be heard, by the Planning
Commission; and
C.
Does
not attempt to amend or remove any covenants or restrictions.
4.10.02
Procedures:
A replat shall be submitted, reviewed and
considered by the Planning Commission in the manner prescribed in
this Ordinance for a subdivision. However, in addition to these requirements,
a replat shall be subject to the public notice requirements of Section
212.015 of the Texas Local Government Code, as may be amended, if
any lot in the preceding plat was limited to residential use for not
more than two (2) residential units per lot.
4.10.03
Utilities:
The relocation and/or abandonment of any
utilities shall be the responsibility of the developer and shall be
provided for concurrently with the vacation procedure. The cost of
any such relocation and/or abandonment shall be borne by the developer.
(Ordinance 555-08 adopted 3/10/08)
Whenever a parcel of land is subdivided and the subdivision
plat shows one (1) or more lots containing more than one (1) acre
of land, and there are indications that such lots will eventually
be resubdivided into smaller building sites, the Planning Commission
may require that such parcel of land allow for the future opening
of streets and the ultimate extension of utilities and adjacent streets.
Provisional easements providing for the future opening of such streets
and utility extensions may be made a requirement of the plat. Such
easements become effective at the time the parcel in question is resubdivided.
(Ordinance 555-08 adopted 3/10/08)
The Planning Commission may approve and issue an amending plat,
which may be recorded and is controlling over the preceding plat without
vacation of that plat, if the amending plat is signed by the applicants
only and is solely for one or more of the purposes set forth in Section
212.016 of the Local Government Code, as may be amended. Notice, a
hearing, and the approval of other lot owners are not required for
the approval and issuance of an amending plat.
(Ordinance 555-08 adopted 3/10/08)
A final plat which has been approved by the Planning Commission
but not recorded in the official records of the Grimes County Clerk,
which is found to contain an insignificant error, may be corrected
by the applicant, upon approval by the Development Officer. This procedure
shall allow for the correction of scrivener’s errors, clerical
errors, or typographical errors. Other minor corrections, such as
the addition, deletion or relocation of easements shall be allowed,
subject to the approval of the Development Officer. Such corrected
plats may be approved and signed by the Planning Commission officers
responsible for the signing of plats, upon the recommendation of the
Development Officer.
(Ordinance 555-08 adopted 3/10/08)
4.14.01
Generally:
Where the Planning Commission finds that
an unnecessary and extraordinary hardship would result from strict
adherence to this Ordinance and the purposes of this Ordinance may
be served to a greater extent by an alternative proposal, the Planning
Commission may recommend the approval of variances to this Ordinance
to the City Council. Variances may be granted so that substantial
justice may be done and the public interest secured, provided that
such variances shall not have the effect of violating the intent and
purpose of this Ordinance. Furthermore, the Planning Commission shall
not recommend approval of variances to the City Council unless it
shall make findings based upon the evidence presented to it in each
specific case that:
A.
The
granting of the variance will not be detrimental to the public safety,
health, or welfare, be injurious to surrounding property, or violate
the intent and purpose of the regulation;
B.
The
granting of the variance is not based on a hardship which is self-imposed;
C.
The
hardship is not based solely on the cost of complying with the regulation;
and
D.
The
hardship is based on circumstances which are unique to the property
for which the variance is sought, and not circumstances common to
other properties.
4.14.02
Conditions:
In recommending approval of variances to
the City Council, the Planning Commission may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements of this Ordinance.
4.14.03
Procedures:
A.
Application:
An application for any variance shall be submitted in writing
to the Development Officer on forms provided by the City. The variance
application shall include the following:
1.
A completed variance application form;
2.
The appropriate fee, as specified in the Navasota Fine and Fee Schedule.
3.
A copy of the deed to the subject property;
4.
A letter describing the reasons and/or hardship for the request,
stating fully the grounds for the variance and all of the facts relied
upon by the petitioner; and,
5.
A plot plan of the subject property.
B.
Public
Hearings and Notices:
Each variance request shall be
considered at a public hearing before the Planning Commission. Notice
of such public hearing shall be required as follows:
1.
Newspaper:
Due notice, in the form provided by the Development
Officer, of a variance public hearing shall be published in a newspaper
of local circulation, in the legal classified advertisements section,
at least ten (10) days prior to the public hearing date.
2.
Mail:
Due notice, in the form provided by the Development
Officer, of a variance public hearing shall also be given by mail
to all owners of property located within two hundred (200) feet of
the affected property; required mailings must be made at least ten
(10) days prior to the public hearing date.
3.
Cost:
The preparation of the notice of public hearing
and required mailing list shall be the responsibility of the City.
The cost of publication and mailing of the required notice of public
hearing shall be borne directly by the applicant.
C.
Planning
Commission Action:
The Planning Commission shall either
recommend approval or denial of the variance to the City Council.
The Planning Commission’s action shall be entered into the minutes
of the Planning Commission meeting, specifying the reason(s) which
justified the recommendation of approval or denial of the variance.
In the event of a recommendation of denial by the Planning Commission,
the applicant shall have seven (7) days in which to notify the Development
Officer in writing that the applicant desires to appeal the Planning
Commission’s recommendation of denial to the City Council; otherwise,
the denial shall become final.
(Ordinance 555-08 adopted 3/10/08)
4.15.01
Generally:
A.
It
shall be the duty of the Development Officer to enforce this Ordinance
and to bring to the attention of the City Attorney or other appropriate
authority any violations or lack of compliance herewith.
B.
No
owner or agent of the owner of any parcel of land located in a proposed
subdivision shall transfer or sell any such a parcel before a plat
of such subdivision has been approved by the Planning Commission,
in accordance with the provisions of this Ordinance and filed in the
official records of the Grimes County Clerk.
C.
The
subdivision of any lot or any parcel of land, by the use of metes
and bounds description for the purpose of sale, transfer, or lease
with the intent of evading these regulations, shall not be permitted.
All such described subdivisions shall be subject to all of the requirements
contained in this Ordinance.
D.
No
building permit or Certificate of Occupancy shall be issued for any
lot or plat subdivided or sold in violation of the provisions of this
Ordinance. Nor shall the City of Navasota serve or connect any land
with water or sewer service, or other utility services, if such land
has been subdivided or sold in violation of the provisions of this
Ordinance.
4.15.02
Violations and Penalties:
Any person, firm, or corporation
who fails to comply with, or violates, any part of this Ordinance
shall be subject to the penalties pursuant to the City of Navasota
Code of Ordinances, as amended.
4.15.03
Civil Enforcement:
Appropriate actions and proceedings
may be taken by law or in equity to prevent any violation of this
Ordinance, to prevent unlawful construction, to recover damages, to
restrain, correct, or abate a violation, to prevent illegal occupancy
of a building[,] structure or premises, and these remedies shall be
in addition to the penalties described above.
(Ordinance 555-08 adopted 3/10/08)
The fees to be charged to the applicant for subdivision review,
subdivision filing and processing, variance processing, plan review,
construction inspection, and any and all other fees required by this
Ordinance, shall be charged in accordance with a schedule provided
by the Development Officer, as approved by the City Council. The developer
shall be responsible for any consulting costs, including but not limited
to engineering and legal fees, incurred by the City related to the
processing and review of any application or other matter regulated
by this Ordinance.
(Ordinance 555-08 adopted 3/10/08)
