For all development of land within the scope of this Ordinance,
a plan of the development shall be prepared and submitted to the City
for approval or disapproval, as provided for in this Ordinance.
(a)
City Responsibilities.
The City shall administer the provisions of this Ordinance and
in furtherance of such authority, the City shall:
(1)
Maintain
permanent and current records with respect to this Ordinance, including
amendments thereto.
(2)
Receive
and file all Concept Plans, Preliminary Plats, Construction Plans,
and Final Plats together with applications therefor.
(3)
Forward
copies of the Preliminary Plat, Construction Plans, and Final Plat
to the County, when the development is located within the City’s
extraterritorial jurisdiction.
(4)
Review
all Concept Plans, Preliminary Plats, Construction Plans, Amended
Plats, Short Form Plats and Final Plats to determine whether such
plats comply with this Ordinance, the Master Plan, applicable laws,
and the Zoning Ordinance, where applicable.
(5)
Forward
plans and plats to the Commission as required by this Ordinance, together
with its recommendations thereon.
(6)
If required,
forward plans and plats to the Council, together with the recommendations
of the Commission and City staff.
(7)
Make
such other determinations and decisions as may be required of the
City by this Ordinance, the Commission or the Council.
(b)
Interpretation
of Provisions.
In the interpretation and application
of the provisions of this Ordinance, the following regulations shall
govern:
(1)
In the
City’s interpretation and application, the provisions of this
Ordinance shall be regarded as minimum requirements for the protection
of the public health, safety, comfort, convenience, prosperity and
welfare. This Ordinance shall be regarded as remedial and shall be
liberally construed to further its underlying purposes.
(2)
Whenever
both a provision of this Ordinance and any other provision of this
Ordinance, or any provision in any other law, ordinance, resolution,
rule or regulation of any kind contains any restrictions covering
any of the same subject matter, whichever restrictions are more restrictive
or impose higher standards or requirements shall govern.
(3)
Where
there arises a question concerning the meaning or intent of a provision
of this Ordinance, the City is hereby implored [empowered] to render
a written decision setting forth the exact manner in which said provision
shall be interpreted and administered. In the event exception is taken
by any interested party to such a decision the matter shall be appealed
to the Commission, and, as appropriate, to the City Council, whose
decision shall be final.
(4)
Any
written decision shall be attached to and made a part of this Ordinance,
until rescinded by amendment of this Ordinance as provided for herein.
(Ordinance 2003-06-16-007 adopted 6/16/03)
A variance to the provisions of this Ordinance shall be considered
an exception to the regulations, rather than a right. Whenever a tract
to be developed is of such unusual size or shape or is surrounded
by development of such unusual conditions that the strict application
of the requirements contained in this Ordinance would result in substantial
hardship or inequity, the Commission may vary or modify, except as
otherwise indicated, such requirement of design as provided for herein,
but not of procedure or improvements, so that the developer may improve
his/her property in a reasonable manner, but so that, at the same
time, the public welfare and interests of the City are protected and
the general intent and spirit of this Ordinance, the Master Plan and
Zoning Ordinance (or, if none, ordinances regulating land uses and
providing for regulations under the City’s general police powers)
are preserved in accordance with the following provisions:
(a)
Jurisdiction.
When a written request for a variance from the design requirements
of this Ordinance is filed:
(1)
the
Commission may recommend approval or denial of such written request
for variances to the design standards and such variance(s), if granted
by the Council, shall also be considered to be a modification of the
zoning regulations, but not the zoning districts, applicable to the
specified property within such development within the City limits;
or
(2)
would
constitute a major departure from the applicable provisions of this
Ordinance for such features as: lot size, setback lines, etc., such
variance request shall be considered by the Council in accordance
with its powers and procedures as set forth in the Zoning Ordinance,
and their decision shall be final; and
(3)
after
giving notice of such requested variances, the Commission may consider
each such variance request during the course and process of considering
the application for subdivision plat approval given or granted
(b)
Notification.
The notification procedures for variance requests shall be the
same as the notification procedures described for a Concept Plan.
(c)
Approval.
In granting approval of a request for variance, the Commission
and Council shall conclude that the variance is not contrary to the
public interest and, due to special conditions, a literal enforcement
of this Ordinance would result in unnecessary hardship, and so that
the variance observes the spirit of this Ordinance and concludes that
substantial justice is done. The Commission and Council shall meet
these requirements by making findings that
(1)
The
public convenience and welfare will be substantially served;
(2)
The
appropriate use of surrounding property will not be substantially
or permanently impaired or diminished;
(3)
The
applicant has not created the hardship from which relief is sought;
(4)
The
variance will not confer upon the applicant a special right or privilege
not commonly shared or available to the owners of similar and surrounding
property;
(5)
The
hardship from which relief is sought is not solely of an economic
nature;
(6)
The
variance is not contrary to the public interest;
(7)
Due
to special conditions, the literal enforcement of the ordinance would
result in an unnecessary hardship; and
(8)
In granting
the variance the spirit of the ordinance is observed and substantial
justice is done.
(Ordinance 2003-06-16-007 adopted 6/16/03)
No building permit shall be issued for any new structure or
change, improvement or alteration of any existing structure, on any
lot or tract of land and no municipal utility service will be furnished
to such lot or tract which does not comply with the provisions of
this Ordinance and all applicable elements of the Master Plan, except
as herein exempted or upon the written application and approval of
a variance.
(Ordinance 2003-06-16-007 adopted 6/16/03)
To defray the costs of administering this Ordinance, the applicant
seeking plat approvals shall pay to the City, at the time of submittal,
the prescribed fees as set forth in the current administrative fee
schedule approved by the Council, and on file in the office of the
City, together with all engineering and other professional fees and
expenses incurred by the City for and with respect to such application
and plat.
(Ordinance 2003-06-16-007 adopted 6/16/03)
The Council may, from time to time, adopt, amend and make public
rules and regulations for the administration of this Ordinance. This
Ordinance may be enlarged or amended by the Council after public hearing,
due notice of which shall be given as required by law.
(Ordinance 2003-06-16-007 adopted 6/16/03)
Except as otherwise provided for in this Ordinance, it shall
be unlawful for any person, firm or corporation to develop, improve
or sell any lot, parcel, tract or block of land within the City’s
territorial jurisdiction for other than agricultural purposes, regardless
of the size or shape of said lot, parcel, tract or block, unless such
lot, parcel, tract or block of land conforms with this Ordinance.
(Ordinance 2003-06-16-007 adopted 6/16/03)
(a)
Penalty.
Any person who shall violate any of the provisions of this Ordinance,
or shall fail to comply therewith, or with any of the requirements
thereof, within the City limits shall be deemed guilty of an offense
and shall be liable for a fine not to exceed the sum of two thousand
dollars ($2000.00). Each day the violation exists shall constitute
a separate offense. Such penalty shall be in addition to all the other
remedies provided herein.
(b)
Administrative
Action.
The City Engineer and/or the City Manager shall
enforce this Ordinance by appropriate administrative action, including
but not limited to the rejection of plans, maps, plats and specifications
not found to be in compliance with this Ordinance and good engineering
practices, and the issuance of stop work orders.
(c)
Court
Proceedings.
Upon the request of the City Council the
City Attorney or other authorized attorney shall file an action in
the district courts to enjoin the violation or threatened violation
of this Ordinance, or to obtain declaratory judgment, and to seek
and recover court costs and attorney fees, and/or to recover damages
in an amount sufficient for the City to undertake any construction
or other activity necessary to bring about compliance with a requirement
regarding the property and established pursuant to this Ordinance.
(d)
Approval,
Waiver and Variances.
Notwithstanding any other term
or provision of this Ordinance or the recommendation of the Planning
Commission, the final approval of all subdivision plats, plans and
specifications shall be made by the City Council, and the action of
the Council shall be final for all purposes. The City Council may
waive any provision of this Ordinance, and may grant a variance to
the requirements of this Ordinance, for and with respect to any term,
provision or condition applicable to any subdivision. In addition
to the power to waiver ordinance provisions or grant variances therefrom,
as is also authorized by state law the City Council may suspend the
application of any term or provision of this Ordinance at any time
and as to any issue or matter.
(Ordinance 2003-06-16-007 adopted 6/16/03)
The Council hereby amends all prior ordinances of the City regulating
the subdivision of land, and each amending ordinance thereto, in their
entirety; provided that such ordinances shall remain in force and
effect as herein provided with respect to plats submitted prior to
the effective date of this ordinance. This ordinance providing comprehensive
regulations and standards for the platting of property and development
of subdivisions within the City and its extraterritorial jurisdiction
shall be known as the “Subdivision Ordinance”.
(Ordinance 2003-06-16-007 adopted 6/16/03)
Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance
for any reasons thereof ineffective or inapplicable, such unconstitutionality,
illegality, invalidity, or ineffectiveness of such section or part
shall in no way affect, impair or invalidate the remaining portion
or portions thereof; but as to such remaining portion or portions,
the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
(Ordinance 2003-06-16-007 adopted 6/16/03)
It is the intention of the Council that this ordinance shall
become a part of the Code of Ordinances of the City of Cameron, Texas,
and may be renumbered and codified therein accordingly.
(Ordinance 2003-06-16-007 adopted 6/16/03)
This ordinance shall take effect immediately from and after
its passage and publication in accordance with the provisions of the
Tex. Loc. Gov’t. Code, and it is accordingly so ordained.
(Ordinance 2003-06-16-007 adopted 6/16/03)
It is hereby officially found and determined that the meeting
at which this ordinance is passed was open to the public as required
and that public notice of the time, place, and purpose of said meeting
was given as required by the Open Meetings Act, Chapt. 551, Tex. Gov’t.
Code.
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PASSED AND APPROVED on First Reading this 2nd day of June 2003.
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FINALLY PASSED AND APPROVED on this the 16th day of June 2003.
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(Ordinance 2003-06-16-007 adopted 6/16/03)
