The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. Words used in the
present tense include the future tense. Words used in the plural number
include the singular, and words in the singular include the plural.
The word “shall” is always mandatory. The word “herein”
means in this Ordinance. The word “regulations” means
the provisions of any applicable ordinance, rule, regulation or policy.
The word “person” means any human being or legal entity
and includes a corporation, a partnership, and an incorporated or
unincorporated association. The words “used or occupied”
as applied to any land or building shall be construed to include the
words intended, arranged, or designed to be used or occupied.
means a way of approaching or entering a property.
means abutting and directly connected to or bordering.
means a minor right-of-way, dedicated to public use, which
gives a secondary means of vehicular access to the back or side of
properties otherwise abutting a street, and which may be used for
public utility purposes.
means a person applying for plan approval under this Ordinance.
means 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.
means a street designed to provide a connection between major
arterial streets.
means any building (a) subordinate to and serves a principal
building or principal use; (b) is subordinate in area, extent or purpose
to the principal building or principal use served; (c) contributed
[contributes] to the comfort, convenience and necessity of occupants
of the principal building or principal use served.
means a parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
right-of-way, public walks, parks or green strips, rural land, drainage
channels, or a combination thereof.
means any form of security including a cash deposit, surety
bond, collateral, property, or instrument of credit in an amount and
form satisfactory to the City Council.
means a barrier constructed of wood, masonry, vegetation,
and/or other landscape material in such a manner that adjacent uses
will be separated to such a degree that objectionable noise, heat,
glare, visual clutter, dust, loss of privacy, air circulation, and
other negative externalities shall be abated.
means a line or lines designating the interior limit of the
area of a lot within which structures may be erected. The building
lines generally provide the boundaries of the buildable area of any
given lot and no structure or building may be erected between a building
and the corresponding lot line.
means a permit issued by the City of Cameron which is required
prior to commencing construction or reconstruction of any structure.
when referring to a waterway or drainage, means the centerline
of the waterway and refers to existing topographically defined channels.
If not readily discernible, the centerline shall be determined by
(first) the low flow line, or (second) the center of the two (2) year
flood plain.
means the City of Cameron, Texas.
means the Cameron City Council.
means the City Engineer for the City or his/her designated
representative.
means within the incorporated boundaries of the City.
means the chief administrative officer of the City of Cameron,
Texas or his/her designated representative.
means the officers, employees and agents of the City assigned
and designated from time to time by the City Administrator [Manager]
and/or Council, including but not limited to the City Engineer, to
review and/or comment and report on development plans.
means a library of City approved drawings and technical data
representing typical drainage, transportation, erosion and sedimentation
control, and utility appurtenances to be constructed for City acceptance.
means a street that collects traffic from local streets and
serves as the most direct route to a major or minor arterial street.
means the Planning and Zoning Commission of the City, or
the City Council if a Planning and Zoning Commission is not operational.
means a generalized plan that meets the requirements of this
Ordinance and that indicates the boundaries of a tract or tracts under
common ownership, identifies the purpose of the proposed development
and the proposed land use, general lot or parcel layout, community
use or public areas, and street alignments.
means the maps, drawings, plans and specifications indicating
the proposed location and design of improvements to be installed as
part of a development.
means adjacent property whose property lines are shared or
are separated by only a street, alley, easement or right-of-way.
means a lot located at the intersection of and abutting on
two (2) or more streets.
means Milam County, Texas.
means the Milam County Appraisal District.
means the area showing designation for the removal or acceptance
of Significant Trees during construction.
means the transverse slope as related to a given longitudinal
slope and measured by the rise to run ratio.
means a strip of land dedicated for public use and which
is reserved across a lot or block for the purpose of providing pedestrian
access to adjacent areas.
means a minor street having one (1) end open to vehicular
traffic and having one (1) closed end terminated by a permanent turnaround.
means the grant of an interest in property for public use.
means a probable rainfall event the frequency of which is
specified in periods of years and which is used to design drainage
facilities and determine flood elevations.
means that portion of a lot, easement, or parcel upon which
a building, structure, pavement or other improvements have been placed.
means the legal owner of land to be improved and/or subdivided
or his/her authorized representative.
means a subdivision of land as defined herein or the construction
or placement of any buildings, utilities, access, roads or other structures,
excavation, mining, dredging, grading, filling, clearing or removing
vegetation, and the deposit of refuse, waste or fill. Lawn and yard
care, including mowing of tall weeds and grass, gardening, tree care
and maintenance, removal of trees or other vegetation damaged by natural
forces, and ranching and farming shall not constitute development.
Utility, drainage, and street repair, and any construction maintenance
and installation which does not require land disturbance or result
in additional impervious cover shall also not constitute development.
means a scaled drawing representing an area of land to be
improved/developed and indicating the legal boundary of said property
and the nature and extent of all existing and proposed improvements
to said project.
means a lot which runs through a block from street to street
and which abuts two (2) or more streets.
see Waterway.
means private sewage facility, disposal area, trench or bed
utilized for final wastewater disposal.
means a paved surface connecting the street to a front lot
line.
means the surface connecting a drive approach with a parking
space, parking lot, loading dock or garage.
t means a residential unit designed to accommodate one (1)
household
means a grant by the property owner of the use of a strip
of land for stated purposes.
means the aggregate of social and physical conditions that
influence the life of the individual and/or community.
means a deposit of cash or other approved security with the
local government or approved bank or other financial institution in-lieu
of a performance or maintenance bond.
means the limits of the City’s extra-territorial jurisdiction
as granted under Chapter 43, Local Government Code.
means, with respect to plats and plans, the date of their
first public hearing before the Commission regarding such plat or
plan; provided that, with respect to the required Council approval
of Concept Plans, the Filing Date for such Council approval shall
be the date of the first public hearing by the Council.
means a map of a land subdivision prepared in a form suitable
for filing of record with necessary affidavits, dedications and acceptances,
and with complete bearings and dimensions of all lines defining lots
and blocks, streets, alleys, public areas and other dimensions of
land.
means channel of a waterway and the adjacent land area subject
to inundation during the design storm.
means channel of a waterway and the adjacent land areas that
must be reserved in order to discharge the design storm without cumulatively
increasing the water surface elevation.
means that side of a lot, parcel or tract of land abutting
a street right-of-way and ordinarily regarded as the frontal orientation
of the lot.
means a space extending the full width of the lot between
any building set back line and the front lot line, and measured perpendicular
to the building at the closest point to the front lot line.
means the City Council of the City of Cameron, Texas.
means the slope of a road, street, other public way or utility
line specified in terms of percent (%); the topographic relief of
a parcel of land; the average elevation at ground level of the buildable
area of a lot or parcel of land.
means any stripping, cutting, filling or stockpiling of earth
or land, including the land in its cut or filled condition.
means any street, alley, roadway, barricade, sidewalk, bikeway,
pedestrian way, water line system, wastewater system, storm drainage
network, public park land, landscaping, or other facility or portion
thereof for which the local government may ultimately assume responsibility
for maintenance and operation or which may affect an improvement for
which local government responsibility is established.
means all systems and methods used for the disposal of sewage,
other than organized sewage disposal systems. Private sewage facilities
are usually composed of three (3) units: the generating unit (the
residence, institution, etc.), treatment unit, and the disposal unit
(the drainfield that may be an absorption trench or bed, or an evapotranspiration
bed). A Private Sewage Facility includes a septic tank, seepage tile
sewage disposal system or any other on-lot sewage treatment device
approved and installed in accordance with all local, state and federal
laws and regulations.
means non-residential use of any site involved in manufacturing
and/or external storage of goods; any site generating significant
negative externalities, such as noise, dust, glare, etc. and/or any
site where hazardous materials are stored and/or generated.
means a lot other than a corner lot and, bounded by a street
on only one (1) side.
means trees, shrubs, ground cover, vines or grass installed
in planting areas.
means either a lot recorded in the Official County Records
pursuant to and in compliance with the subdivision regulations in
effect at the time of its creation, or a tract of land having existed
in its present configuration prior to October 1, 1927.
a lot which is part of a subdivision approved by the City
and recorded in the Official County Records.
means a letter from a bank or other reputable creditor acceptable
to the City that guarantees to the City that upon failure of the subdivider
to fulfill any improvement requirements that at the City’s request,
funds will be provided to the City to complete the specified improvements.
means the Milam County Health District.
means a street designed primarily for access to abutting
residential properties. A local street does not include a street designed
for through traffic.
means a subdivision of a block or other parcel intended as
a unit for transfer of ownership, or for development, or for occupancy
and/or use.
means an overall development plan for the community which
has been officially adopted to provide long-range development policies
including all specified individual elements thereof among which are
the plans for means [mean] land intensities; land subdivision; circulation;
and community facilities, utilities and services; and, if none, means
professional urban planning and engineering practices.
means a street designed for through traffic which connects
neighborhoods and connects land uses with transportation facilities.
means a single structure designed to accommodate four (4)
or more households.
means the topography of a waterway prior to construction,
installation of improvements or any regrading.
means a stormwater runoff conveyance system not altered by
development.
means the area of the City characterized by residential land
uses which is bounded by physical (such as river, major street, back
of access) and/or political features (such as voting districts, subdivision
boundaries).
means a privately owned parcel of land, within a subdivision,
dedicated solely for recreational uses and maintained by the residents
of said subdivision.
means the Official Records of Milam County, Texas.
means any required improvement which lies outside of the
property being developed.
means that flood which has a probability of occurring once
in a one hundred (100) year period or a one percent (1%) chance in
any given year.
means stormwater runoff which is not confined by any natural
or man-made channel such as a creek, drainage ditch, storm sewer,
or the like.
means tract or lot as described by deed or plat, which includes
one (1) or more lots that are being subdivided.
means a special fund established by the City to retain monies
paid by developers in accordance with the payment in-lieu of park
land dedication provisions of these regulations and to be used for
the purchase of park land or improvements in the vicinity of the subdivided
property for which funds have been collected.
means a hot mix asphalt installed on a base designed by a
professional engineer based on core samples and other relevant data.
(NO GRAVEL)
means a subdivision, at least 250 acres in size and in the
City’s extra-territorial jurisdiction.
means the City of Cameron Planning and Zoning Commission,
or, absent a Planning and Zoning Commission, the City Council.
means any structure permanently anchored to the ground that
is designed for recreational purposes. Sports courts such as basketball
or tennis courts are not considered playscapes.
means a map of a proposed land subdivision showing the character
and proposed layout of the property in sufficient detail to indicate
the suitability of the proposed subdivision of land.
means a structure in which the principal use of the lot is
conducted. For example, for single family residential lots, the house
is the primary structure.
means an opaque fence or screen at least six (6) 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 (1/2) inch. Fences using boards placed on alternating sides
of fence runners shall be considered opaque if the boards overlap
at least one-half (1/2) inch.
means, with respect to land and interests in land within
the City limits, the City; and, with respect to land and interests
in land within the ETJ limits, the general public.
means places of non-commercial public assembly or administrative
functions where the primary activity is contained within a building(s),
including but not limited to churches, schools and government buildings.
means a space extending across the full width of the lot
between the principal building and the rear lot line, and measured
perpendicular to the building to the closest point of the rear lot
line.
means the open space between a lot line and the buildable
area within which no structure shall be located except as provided
for herein.
means a narrow strip of property usually separating a parcel
of land from a roadway or utility line easement, that is characterized
by limited depth which will not support development and which is intended
to prevent access to the roadway or utility easement from adjacent
property and which are prohibited by these regulations unless their
control is given to the City.
means a double frontage lot which is to be developed with
the rear yard abutting a major street and with the primary means of
ingress and egress provided on a minor street.
means a strip of land occupied or intended to be occupied
by street, crosswalk, railroad, road, electric transmission line,
or oil or gas pipe line, water main, sanitary or storm sewer main,
or for other similar purpose or use. The usage of the term “right-of-way”
for land platting purposes shall mean that every right-of-way hereinafter
established and shown on the Final Plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions or areas of such lots or parcels. Right-of-way
intended for streets, crosswalks, water mains, wastewater lines, storm
drains, or any other use involving maintenance by a public agency
shall be dedicated to the public by the maker of the plat where such
right-of-way is established.
means ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association; or ownership by different
corporations, firms, partnerships, entities, or unincorporated associations
in which a stock holder, partner, or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity,
or unincorporated association.
means any structure that is subordinate and incidental to
the primary structure; and is subordinate in area, extent and purpose
to the primary structure; and contributes to the comfort, convenience
or necessity of the occupants, business or industry in the primary
structure, and is located on the same lot as the primary structure.
means a line or lines designating the interior limit of the
area of a lot between said line and the corresponding line within
which area structures may not be erected. The building lines generally
provide the boundaries of the buildable area of any given lot.
means a space extending from the front yard to the rear yard
between the setback line and the side lot line measured perpendicular
from the side lot line to the closest point of the setback line.
means the vertical change in grade divided by the horizontal
distance over which that vertical change occurred. The slope is usually
given as a percentage.
means any public or private right-of-way which affords the
primary means of vehicular access to abutting property.
means that line limiting the right-of-way of the street and
being identical with the property line of persons owning property
fronting on the streets.
means the side yard of a corner lot abutting the street right-of-way.
means a space extending across the length and/or width of
a lot between the street right-of-way and the closest faces of the
buildings on the lot.
means the ability of a structure to maintain stability against
normal forces experienced by said structure.
means anything constructed or erected on the ground or which
is attached to something located on the ground. Structures include
buildings, telecommunications towers, sheds, parking lots that are
the primary use of a parcel and permanent signs. Sidewalks and paving
shall not be considered structures unless located within a public
utility or drainage easement.
means any person, developer, firm, partnership, corporation
or other entity, acting as a unit subdividing or proposing to subdivide
land as herein defined.
means the division or redivision of land into two (2) or
more lots, tracts, sites or parcels for the purpose of development,
laying out any addition to the City, or for laying out any subdivision
or building lots, or any lot, street, alley, access easement, public
utility easement, park or other portion intended for use by the public,
or for the use of any owner, purchaser, renter, occupant, person or
entity.
means the Texas Commission on Environmental Quality
means a study of the impacts of a development on the City’s
transportation system.
means the process of constructing public improvements required
to support suburban or urban land use.
means a grant of relief to a person from the requirements
of this Ordinance when specific enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development
in a manner otherwise prohibited by this Ordinance.
means area from which stormwater drains into a given basin,
river or creek.
means any natural or man-made channel conducting storm water
from a two (2) year storm event at a depth of eight (8) inches or
more and at a rate of fifteen (15) cubic feet per second or more.
Street pavement shall in no instance be considered a waterway.
means Monday through Friday exclusive of City recognized
holidays.
means an open space that lies between the principal or accessory
building or buildings and the nearest lot line.
means the shortest distance between a lot line and a yard
line.
means a line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard.
means an ordinance adopted by the City Council pursuant to
Chapt. 211, Tex. Loc. Gov’t. Code, regulating the use and occupancy
of land or, if none, any ordinance adopted pursuant to the general
police powers of the City regulating the use and occupancy of land
within the City.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
The purpose
of this ordinance is to provide for orderly, safe and healthful development
to promote the health, safety, morals and general welfare of the community.
From and after the passage of this Ordinance, all plats and subdivisions
of land within the corporate limits of the City, and all plats and
subdivisions of land outside the corporate limits of the City that
the Council may be petitioned to include within the corporate limits
of the City by an extension of said corporate limits, and all tracts
within the City’s extraterritorial jurisdiction, shall conform
to the following rules and regulations.
(b)
The system
of improvements for thoroughfares, water and wastewater services,
other utilities, drainage, public facilities and community amenities
determine in large measure the quality of life enjoyed by the residents
of the community. Health, safety, economy, amenities, environmental
sensitivity and convenience are all factors which influence and determine
a community’s quality of life and character. A community’s
quality of life is of public interest. Consequently, the development
of land, as it affects a community’s quality of life, is an
activity whose regulation is a valid function of municipal government.
(c)
The provisions
contained herein are designed and intended to encourage the development
of a quality urban environment by establishing standards for the provision
of open space, storm water drainage, transportation, public utilities
and facilities, and other needs necessary for insuring 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. Through the application of this Ordinance,
the interests of the public as well as those public and private parties,
both present and future, having interest in property affected by these
regulations are protected by the granting of certain rights and privileges.
(d)
This Ordinance
is designed and intended to achieve the following purposes, and shall
be administered so as to:
(1)
Assist
orderly, efficient and coordinated development of land within the
City’s jurisdiction.
(2)
Provide
neighborhood conservation and prevent the development of slums and
blight.
(3)
Harmoniously
relate the development of the various tracts of land to the existing
community and facilitate the future development of adjoining tracts.
(4)
Provide
that the cost of improvements to minimum standards which primarily
benefit the tract of land being developed be borne by the owner or
developers of the tract, and that the cost of improvements to minimum
standards which primarily benefit the whole community be borne by
the whole community.
(5)
Provide
the most appropriate design for each tract being subdivided.
(6)
Provide
an attractive relationship between the land as developed and the circulation
of traffic throughout the municipality, having particular regard to
the avoidance of congestion in the streets and highways, and the pedestrian
traffic movements appropriate to the proposed development, and to
provide for the proper location and width of streets and building
lines.
(7)
Prevent
pollution of the air, streams, and ponds; to assure the adequacy of
drainage facilities; to safeguard both surface and groundwater supplies;
and to encourage the wise use and management of natural resources
throughout the municipality in order to preserve the integrity, stability,
and beauty of the community and the value of the land.
(8)
Preserve
the natural beauty and topography of the municipality and ensure appropriate
development with regard to these natural features.
(9)
As appropriate,
reconcile any differences of interest among the developer, other property
owners and the City.
(10)
Establish
adequate and accurate records of land subdivision.
(11)
Ensure
that public or private facilities are available and will have a sufficient
capacity to serve proposed subdivisions and developments within the
City’s jurisdiction.
(12)
Standardize
the procedure and requirements for developing property and submitting
plans for review and approval.
(13)
Protect
and provide for the public health, safety, morals and general welfare
of the community.
(14)
Provide
a healthy environment for the present and future citizens; an environment
designed to reasonably secure safety from fire, flood and other dangers;
and to provide that land be subdivided in a manner to attain such
goals and benefits for the community.
(15)
Protect
the character and the social and economic stability of all parts of
the community and encourage the orderly and beneficial development
of all parts of the community.
(16)
Protect
and conserve the value of land throughout the community and the value
of buildings and improvements upon the land.
(17)
Guide
public and private policy and action in providing adequate and efficient
transportation systems, water and wastewater systems, public utilities,
and other public amenities and facilities.
(18)
Encourage
the development of a stable, prospering economic environment.
(e)
Certain
minimum standards for land use, construction and development within
the City limits may be contained in the City’s Zoning Ordinance,
applicable building and plumbing codes, City Standard Details and
Specifications, and this Ordinance. If only the minimum standards
are followed, as expressed by the various ordinances regulating land
development, a standardization of development will occur. This will
produce a monotonous urban setting. Subdivision design within both
the City and its extraterritorial jurisdiction should be of a quality
to carry out the purpose and spirit of the policies expressed in the
Master Plan and in this Ordinance, rather than be limited to the minimum
standards required herein.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
This ordinance
is adopted pursuant to the police powers of general law cities, and
under authority of the Constitution and general laws of the State
of Texas, including, but not limited to, Chapt. 212, Tex. Loc. Gov’t.
Code.
(b)
In accordance
with the City’s police powers and authority, and as specifically
authorized by Chapt. 212, Tex. Loc. Gov’t. Code, and other applicable
laws, the Planning and Zoning Commission and the City Council, as
a condition of subdivision plat or replat approval, shall require
the owners and developers of land who desire to subdivide, plat or
replat, or lay out any land for development within the City or its
extraterritorial jurisdiction, for urban development or other purpose,
to provide for building setback lines, to dedicate streets, alleys,
parks, easements or other public places or facilities of adequate
width and size and to coordinate street layouts and street planning
with the City’s Master Plan, with other municipalities, and
with county, state and federally designated highways, as they may
deem best in the interest of the general public, in order to provide
for the orderly development of the areas and to secure adequate provision
for traffic, light, air, recreation, transportation, water, drainage,
sewage and other facilities.
(Ordinance 2003-06-16-007 adopted 6/16/03)
Except as specifically provided otherwise herein, this Ordinance
shall apply to all subdivisions and all related land development activities,
as they are both defined herein, and all land, any part of which is
located within the jurisdiction of the City. The jurisdiction of the
City shall be defined as follows:
(a)
The corporate
limits of the City of Cameron, Texas; and
(b)
The extraterritorial
jurisdiction of the City of Cameron, Texas; and
(c)
Any additional
area outside (1) and (2) [(a) and (b)] above as permitted by law and
which has been approved by the Council.
(Ordinance 2003-06-16-007 adopted 6/16/03)
In order to carry out the purposes hereinabove stated, it is
hereby declared to be the policy of the City to consider the subdivision
and/or development of land as subject to the control of the municipality,
pursuant to the Master Plan, if any, as adopted or amended from time
to time, for the orderly, planned, efficient and economical development
of the City and its jurisdiction. This Section shall be administered
such that:
(a)
Land to
be subdivided and/or developed shall be of such nature, shape and
location that with proper and careful design and development it can
be safely used for building purposes without danger to health or risk
of fire, flood, erosion, landslide or other menace to the general
welfare.
(b)
A Final
Plat shall not be recorded until the necessary public utilities and
facilities and other required improvements exist or arrangements are
made for their provision.
(c)
Buildings,
lots, blocks and streets shall be arranged so as to provide for an
attractive and healthful environment and to facilitate fire protection,
and provide ample access to buildings for emergency equipment.
(d)
Land shall
be subdivided and developed with due regard to topography and existing
vegetation with the object being that the natural beauty and natural
resources of the land shall be preserved to the maximum extent possible.
(e)
Existing
features which would add value to development or to the City as a
whole, such as scenic and special features, both natural and man-made,
historic sites, and similar assets shall be preserved in the design
of the subdivision whenever possible.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
The provisions
of this Ordinance, including design standards and improvement requirements,
shall, except as specifically provided otherwise in this Ordinance,
apply to all subdivisions of land within the jurisdiction of the City,
including but not limited to the following forms of land subdivision
and development activity:
(1)
The division
of land into two (2) or more tracts, lots, sites or parcels, any part
of which shall contain less than five (5) acres in area when subdivided,
(2)
The division
of land into two (2) or more tracts, lots, sites or parcels, any part
of which when subdivided shall contain five (5) acres or more in area
and will require the dedication or conveyance of any access, public
right-of-way, easement, or any public improvement;
(3)
Land
previously subdivided or platted into tracts, lots, sites or parcels,
which subdivision was subject to, but not in accordance with, City
or County Ordinances in effect at the time of such subdividing or
platting,
(4)
The combining
of two (2) or more contiguous tracts, lots, sites or parcels for the
purpose of creating one (1) or more legal lots in order to achieve
a more developable site, except as otherwise provided herein;
(5)
Any Planned
Unit Development for which two (2) or more lots, tracts, or parcels
are designed, established or created for occupancy, use or a building
site, or for which a building permit, plumbing permit, electrical
permit, flood plain permit, utility tap, or certificate of acceptance
for required public improvements is required by the City;
(6)
The platting
of any existing legal deed-divided unplatted lot, parcel, site or
tract;
(7)
The voluntary
platting and recording of a subdivision plat dividing any land within
the jurisdiction of the City into lots, parcels, sites or tracts;
(8)
Any plat
having received approval from the Commission or the Council for which
said approval has expired; or,
(9)
The dedication
of any street or alley through any tract of land, regardless of the
area involved.
(b)
There may
be occasions when the City Council deems it appropriate to allow a
delay in the implementation of certain elements of this Ordinance.
On those occasions, a development agreement shall be used in accordance
with the City policy.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
The provisions
of this Ordinance shall not apply to:
(1)
Sales
of land by metes and bounds in tracts of five (5) acres or more in
area and not requiring the dedication of any easements, land or roadways
for use the [by] any purchaser or member of the public, except as
otherwise specifically provided in this Ordinance;
(2)
Cemeteries
complying with all State and local laws and regulations;
(3)
Divisions
of land created by order of a court of competent jurisdiction;
(4)
Any subdivision
of land for which a Concept Plan, Preliminary Plan or Final Plat has
been filed with the City on or before the effective date of this Ordinance,
excluding any such plan or plat for which approval has expired or
hereafter expires; or
(5)
The combination
of two (2) platted lots for the creation of a more developable site
and the Planning and Zoning Commission finds that:
(b)
The provisions
of this Ordinance shall not apply to the division of an existing legal
lot, said division being caused by the City’s acquisition of
a part of said legal lot, when the Council finds that the acquisition
by the City is in the best interest of the public health, safety and
welfare of the citizens of Cameron and/or its extra-territorial jurisdiction.
Upon the Council so finding, the resulting parcels shall be deemed
to constitute legal lots for the purposes of developing under the
requirements of this ordinance and other applicable City regulations.
In creating said division, the Council is empowered to attach to the
resulting parcels acquired by the City, and the remainder parcels
not acquired by the City upon agreement with the owner, such conditions
as it finds reasonable and necessary to offset any adverse effects
resulting from the City’s acquisition as a part of the original
legal lot, insofar as any such condition is not contrary to the spirit
and intent of the ordinance.
(c)
The provisions
of this Ordinance shall not be construed, interpreted or applied to
land located within the extraterritorial jurisdiction of the City
in a manner to regulate:
(d)
Utilities
shall be exempt from the provisions of this ordinance for the purpose
of locating, installing and maintaining of utility facilities and
structures within utility easements.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
No subdivision
of land within the City or its extraterritorial jurisdiction may be
recorded until a Final Plat, accurately describing the property to
be subdivided and platted, has been approved by the City in accordance
with this Ordinance and applicable laws, signed and dated by the Chair
of the Planning and Zoning Commission and/or other designated officers
of the City, and filed in the Official County Records.
(b)
No building
permit, certificate of occupancy, plumbing permit, electrical permit,
flood plain permit, utility tap or certificate of acceptance for required
public improvements shall be issued by the City for or with respect
to any land within the City limits; and no flood plain permit, utility
tap or certificate of acceptance for required public improvements
shall be issued by the City for or with respect to land within the
ETJ Limits:
(1)
For any
parcel or plat of land which was developed after the effective date
of, and not in conformity with, the provisions of this Ordinance;
and/or
(2)
Until,
(i) all improvements required by this Ordinance, have been constructed
and accepted by the City, or (ii) assurances for the completion of
improvements have been provided in accordance with this Ordinance.
(c)
No excavation
or clearing of land, or construction of any public or private improvements
shall take place or commence, within six (6) months preceding the
date of application for the approval of any development or subdivision;
and no such excavation, clearing of land or construction shall begin
within any proposed subdivision until such time as the City Engineer
approves the plans and specifications for such subdivision.
(d)
This ordinance
may be further enforced by injunction and other judicial proceedings,
either at law or in equity; and, in lieu of or in addition to any
other authorized enforcement or action taken, any person who violates
any term or provision of this ordinance, with respect to any land
or development within the City, by fine and penalties as provided
herein.
(Ordinance 2003-06-16-007 adopted 6/16/03)
