(Ord. No. CSO#1215-12-2019, §
1, 1-6-2020)
The purpose of this appendix is to establish regulations that
describe the process for the review and approval of subdivision plats
and public infrastructure plans, but more specifically to:
(1)
Provide
for the safe, orderly, and healthful development of the area within
the city and its extraterritorial jurisdiction (ETJ) in accordance
with the city's comprehensive plan;
(2)
Promote
and protect the health, safety, and general welfare of the community
by requiring that adequate streets, drainage facilities, water and
sanitary sewer facilities, parks, and other public improvements are
provided;
(3)
Provide
for adequate light, air and privacy, and to secure from fire, flood
and other danger, and to prevent overcrowding of the land and excessive
congestion of population;
(4)
Protect
the character and the social and economic stability of all parts of
the city and to encourage the orderly and beneficial development of
all parts of the city;
(5)
Protect
and conserve the value of land throughout the city and the value of
buildings and improvements upon the land, and to minimize the conflicts
among the uses of land and buildings;
(6)
Ensure
that public facilities are available and will have a sufficient capacity
to serve the proposed subdivision;
(7)
Ensure
that any requirement imposed hereunder as a condition of development
is:
a.
Fair and
equitable to each development;
b.
Based
upon the impact that the proposed development is projected to have
on public facilities and services, or the anticipated benefits derived
by the development from compliance with such requirement; and
c.
That such
requirement bears a rough proportionality to the requirements necessary
to serve the development.
(8)
Prevent
the pollution of air, streams, and ponds, to assure the adequacy of
drainage facilities, to safeguard the water table, 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 the value of the land;
(9)
Preserve
the natural beauty and topography of the city and to insure appropriate
development with regard to these natural features;
(10)
Provide
for open spaces through the most efficient design and layout of the
land, including the use of average density in providing for minimum
width and area of lots, while preserving the density of land as established
in the zoning ordinance of the city;
(11)
Provide
facilities which can be maintained without imposing an undue burden
on the city; and
(12)
Establish
procedures for the review and approval of subdivision plats, and the
accurate and complete plat records for all property within the city.
(Ord. No. CSO#1215-12-2019, §
1, 1-6-2020)
(a)
Authority.
The regulations contained in this appendix have been adopted
under the authority of the following:
(1)
V.T.C.A.,
Local Government Code Ch. 212, Municipal Regulation of Subdivisions
and Property Development. Authorizes a municipality to adopt rules
governing plats and subdivisions of land within the municipality's
jurisdiction.
(2)
V.T.C.A.,
Local Government Code Ch. 51, General Powers of Municipalities. Authorizes
a municipality to adopt ordinances, rules, or police regulations that
are for the good government, peace, or the trade and commerce of the
municipality.
(3)
Home
Rule Charter of the city. Authorizes the city council to exercise
all powers granted to municipal corporations by the constitution and
laws of the state, including the implied powers necessary to execute
the powers granted.
(4)
Interlocal
agreement with Johnson County. In March 2002, the city executed an
agreement with Johnson County. Per that agreement, the city has subdivision
authority in its extraterritorial jurisdiction (ETJ). All provisions
in this appendix will apply to subdivisions in the ETJ in accordance
with March 2002 interlocal agreement or any other interlocal agreement
that may be executed subsequent to the adoption date of the ordinance
from which this appendix derived.
(b)
Reserved
authority.
The city council reserves authority over stipulations
and conditions of plat approval concerning expenditures of city funds
and contractual agreements to which the city is a party. The city
council also reserves authority over appeals to the requirement for
dedication of land, requirements for the construction of adequate
facilities, or the payment of escrow. The planning and zoning commission
shall have no power to act on matters of reserved authority, and shall
be deemed to concur with the city council's determination on matters
of reserved authority. The city manager may determine that other DAC
appeals fiscally impact the city and shall direct that those appeals
be treated as reserved authority comments.
(c)
Review
authority.
In addition to its other responsibilities,
the commission is vested with the authority to review, approve, approve
with conditions or disapprove applications for the platting or subdivision
of land, except plats with reserved authority comments.
(d)
Staff
authority.
The development services director may review
and approve final plats, amended plats, and minor plats, according
to the provisions of these regulations.
(e)
Delegation.
Any city official assigned a specific responsibility under these
regulations may delegate that responsibility to another employee.
The city manager may reassign or delegate specific responsibilities
to different officials and departments. The authority to execute written
agreements on behalf of the city may not be delegated, except by action
of the city manager or city council.
(Ord. No. CSO#1215-12-2019, §
1, 1-6-2020)
To carry out the purpose statements above, it is declared to
be the policy of the city to guide and regulate the subdivision and
development of land in such a manner as to promote orderly growth
both within the city and within its extraterritorial jurisdiction.
Proposed plats or subdivisions that do not conform to the purposes
listed above and the following policies and regulations shall be denied,
or, in lieu of being denied, be approved subject to conformance to
these purposes and policies.
These regulations shall be administered in accordance with the
following policies:
(1)
Conformity
with comprehensive plan and ordinances.
Plats and proposed
public improvements shall conform to the city's comprehensive plan,
zoning ordinance, master thoroughfare plan, parks and recreation plan,
water and wastewater master plan, design standards manual and all
other development-related policies, plans and ordinances of the city.
(2)
Sites
and access for comprehensive plan elements.
Adequate
sites and convenient access for schools, parks, playgrounds and other
community services indicated in the city's comprehensive plan, master
thoroughfare plan, parks and recreation plan, and all applicable ordinances
shall be provided in accordance with the intent, policies and provisions
of this appendix.
(3)
Adequate
public facilities required.
Each subdivision shall provide
adequate public facilities. Adequate public facilities shall include
adequate water, sanitary sewer, drainage, parks and transportation
facilities necessary to serve the proposed development, whether or
not such facilities are to be located within the property being platted
or offsite. Adequate public facilities shall be designed in accordance
with the design standards manual.
(4)
Adequate
public facilities standards.
Public facilities shall
be considered adequate if they meet the minimum level of service (LOS)
established in the appropriate sections of this appendix, the design
standards manual, and the following standards:
a.
Street
access.
All platted lots must have safe and reliable
street access for daily use and emergency purposes. All platted lots
must have direct access to a paved public street, private street,
or an approved access easement.
b.
Water.
All platted lots must be connected to a public water system
that provides water for health and emergency purposes. Water service
must be sufficient to meet the fire flow requirements unless the site
meets the requirements for a waiver in accordance with this appendix
and the design standards manual.
c.
Wastewater.
All platted lots must be connected to a public wastewater collection
and treatment system, except as otherwise provided in this appendix,
the design standards manual, and chapter 24 of this Code. The projected
wastewater discharge of a proposed development shall not exceed the
capacity of the wastewater system.
d.
Drainage.
Stormwater runoff attributable to new development shall meet
the intent of the minimum standards of this appendix and the design
standards manual.
e.
Stormwater
management.
Permanent features are required to maintain
to the maximum extent practicable the predevelopment characteristics
of the natural creek that ultimately receives stormwater runoff from
the development.
f.
Parks
and recreation.
Parks and recreation facilities shall
be deemed adequate when:
g.
Electricity.
All platted lots must have access to a public utility that provides
electricity for retail consumption.
h.
Telecommunications.
All platted lots must have access to a public utility that provides
telecommunications for retail consumption.
(5)
Developer
responsibility.
The developer and engineer of record
shall be responsible for the accuracy of the information furnished
in the design of facilities as they pertain to both the proposed development
and other affected properties. Concurrence by the city in the design
shall not be construed to relieve any responsibility referred to herein.
(6)
Effect
of development.
Land to be platted or developed shall
be of such nature, shape and location that it can be used without
danger to health or increased risk of fire, floods, erosion, stormwater
pollution, landslides or other menaces to the general welfare.
(7)
Arrangement
of lots and buildings.
Buildings, lots, blocks and streets
shall be arranged so as to afford adequate light, view and air; and
to facilitate fire protection, providing ample access to buildings
for emergency equipment.
(8)
Layout
of development.
Land shall be platted and developed with
due regard to topography and existing vegetation with the object being
that the natural beauty of the land shall be preserved to the extent
feasible. Development shall minimize vegetation loss, encroachment
into natural areas, impervious surfaces, and changes to natural terrain.
(9)
Preservation
of existing features.
Existing features that add value
to development or to the city as a whole, such as historic sites,
floodplains and floodways, tree canopy, natural areas and similar
assets should be preserved insofar as possible in the design of the
plat.
(10)
Build
a sense of community.
Developments should be compact,
utilize pedestrian amenities and integrate uses in order to enhance
walkability and foster a sense of community. Developments should celebrate
local history, climate, ecology, and building practices in order to
contribute to a sense of place.
(Ord. No. CSO#1215-12-2019, §
1, 1-6-2020; Ord. No. 2080-06-2022 adopted 6/6/2022)
The following words and phrases, as used in this appendix, shall
have the meanings respectively ascribed to them herein. Definitions
not expressly prescribed herein are to be construed in accordance
with customary usage in municipal planning and engineering practices:
The board, committee, or individual charged with final approval,
approval with conditions, or disapproval of a plat or plan.
The development services director or designee. The administrative
official is responsible for the administration of this appendix or
a particular portion of this appendix.
Community facilities plans of record that include any changes
that occurred during construction from the plans as they were originally
released for construction by the public works director. These may
also be referred to as "record drawings."
The City of Burleson, Texas, including all its governing
and operating bodies.
The governing and legislative body of the city. The city
council may also be referred to as the "council."
That person appointed as city manager by the city council,
under the authority of the city Charter, or designee.
That person appointed by the city council under the authority
of section 29 of the city Charter, or designee.
A development, other than single-family or two-family residential,
that requires submission of a plat or the securing of a building permit.
The planning and zoning commission of the city.
A contract between the developer and city for the construction
of community facilities.
Any facility that is used by or benefits the public and that
is dedicated to the city for the public's use to include, but not
be limited to, water mains, sewer mains, streets, alleys, sidewalks,
curbs, gutters and drainage facilities, streetlights, traffic signals,
parks and trails.
The comprehensive plan, including revisions of the city and
adjoining areas recommended by the planning and zoning commission,
adopted by the city council and consisting of a land use plan, a thoroughfare
plan, a parks and open space plan, goals pertaining to urban design,
historic preservation, public infrastructure, economic development
and community environment as well as other plans and goals necessary
to satisfy the long term planning needs of the city.
The person, persons, firm or corporation who is or will be
engaged in the actual construction, building, laying, rebuilding,
or repairing of streets, alleys, thoroughfares, curbs, gutters, sewer
mains, water mains, drainage facilities, or any other community facility.
Any street or alley for which the right-of-way has become
public property through platting, deed, or public usage, as defined
by law.
Is used interchangeably with the term "disapprove" in this
appendix.
A document adopted by city council by resolution or ordinance
and intended to establish standards for the design and construction
of community facilities.
An individual, partnership, corporation, or governmental
entity undertaking the subdivision or improvement of land and other
activities covered by this appendix or the design standards manual,
including the preparation of a subdivision plat showing the layout
of the land and the public improvements involved therein. The term
"developer" is intended to include the term "subdivider" even though
personnel in successive stages of a project may vary.
Any activity that requires submission of a subdivision plat,
or the securing of a building permit.
A committee of city staff members that provide a centralized,
technical review of development plans.
That person appointed as the development services director
or the person's designated representatives.
The person appointed as the director of recreation and lifelong
learning, or the person's designated representative.
Is used interchangeably with the term "deny" in this appendix.
Facilities constructed for the purpose of conveying stormwater
through the city. These facilities include, but are not limited to,
inlets, pipes, junction boxes, flumes, channels, culverts, and bridges.
That area of a structure set aside for single-family living;
a single-family residence is one dwelling unit, a duplex is two dwelling
units and each apartment of an apartment complex is a separate dwelling
unit.
A privately maintained easement which provides vehicular
or pedestrian access between lots.
An interest in land granted to the city and the public in
general for the installation or maintenance of public sewer facilities
upon or under private land together with the right to enter thereon
with machinery and vehicles necessary for the maintenance of the sewer
facilities.
An interest in land granted to the city, to the public in
general and/or to a private utility corporation for installing or
maintaining utilities across, over or under private land, together
with the right to enter thereon with machinery and vehicles necessary
for the maintenance of the utilities.
An interest in land granted to the city and the public in
general for the installation or maintenance of public water facilities
upon or under private land together with the right to enter thereon
with machinery and vehicles necessary for the maintenance of the water
facilities.
A person licensed under the provisions of the Texas Engineering
Practice Act to practice the profession of engineering.
The unincorporated area that is contiguous to the corporate boundaries of the city, as defined in V.T.C.A., Local Government Code Ch. 42.
A plat or plan is considered filed with the city the date
that the administrative official determines that the application satisfies
all requirements of this appendix and other applicable ordinances,
except for requested waivers, and all applicable fees have been paid.
The channel of a watercourse and the adjacent land areas
that must be reserved for the passage of the 100-year flood without
cumulatively increasing the existing 100-year water surface more than
one foot.
The land adjacent to a river, stream or watercourse that
is inundated by a 100-year (one percent chance) flood.
Any material that substantially reduces or prevents the infiltration
of stormwater.
A plan view of a project that does not require profiles or
final engineering description.
A parcel of land identified by a block number and lot number
in an approved subdivision plat that has been properly filed of record
in Johnson or Tarrant County.
Wherever used in this appendix, shall be interpreted as permissive;
the word "shall" is to be interpreted in its mandatory sense.
Developments containing both residential and commercial land
uses.
A group of persons appointed by the city council for the
purpose of participating in the orderly growth of the city and acting
as a recommending body to the city council. The planning and zoning
commission may be referred to as the commission.
One with the right to exclusive use, control, or possession
of property. Owner may or may not be same as developer.
Engineering documents that include plan views, profiles,
detailed drainage studies, final engineering designs for construction,
including specifications and contract documents; and satisfy requirements
of the design standards manual; and are sealed, signed, and dated
by a licensed professional engineer.
A map, drawing, or chart prepared to show a minor change
of an existing subdivision to a lot line or correction of an error
such that the changes are not substantive and no new lots are created.
The final approved plat of any lot or lots to be recorded
in the plat records of Johnson or Tarrant County.
A subdivision of not more than four lots, which fronts on
an existing street and does not require the creation of any new street
or the extension of municipal facilities and which allows a short
form process that eliminates the need for a preliminary plat.
The plat of any lot or lots of record that is not to be recorded
of record but is only a proposed division of land for review and study
by the city.
A plat that removes easement, lot lines and other encumbrances
in order to revert a subdivision to a former configuration or status.
The person appointed as the public works director or the
person's designated representatives.
The rearrangement or subdivision of any part or all of any
lot or lots of a previously platted subdivision.
This designation shall apply to all single-family and two-family
properties.
WATER
The pipe and fittings between a water main and the water
meter through which a lot is supplied with water. The water service
may be located under a public street or alley.
SEWER
That portion of the sanitary sewer located between the public
main or lateral sanitary sewer and the property line. The sewer service
may be located under a public street or alley.
Wherever used in this appendix, is to be interpreted in its
mandatory sense; the word "may" shall be interpreted as permissive.
A facility that conveys stormwater runoff.
A public way for vehicular traffic, whether designated as
a street, highway, thoroughfare, parkway, throughway, road, avenue,
boulevard, lane, private place, alley, or however otherwise designated.
The division of a tract(s) or parcel(s) of land situated
within the city or the extraterritorial jurisdiction, into two or
more lots for the purpose of sale, lease, or development. For the
purposes of this appendix, subdivisions are divided into the following
classifications:
RURAL SUBDIVISION
A subdivision intended for residential development that is
comprised of all lots with an area of at least two and one-half acres.
URBAN SUBDIVISION
A subdivision intended for residential development containing
any lots with an area of less than one acre, or any subdivision intended
for commercial development.
A registered public land surveyor (R.P.L.S.) licensed by
the state to practice the profession of surveying.
An unplatted parcel of land described by metes and bounds
and typically recorded in the county deed records.
Any modification to, variance from, or exception from any
portion of the this appendix or design standards manual.
(Ord. No. CSO#1215-12-2019, §
1, 1-6-2020)
(a)
Requirements
for the granting of a waiver.
The city council and planning
and zoning commission, as applicable, shall have the authority to
consider requests for waivers of regulations contained in this appendix.
The council or commission may approve, disapprove or modify such a
request provided that such approval or modification will not be detrimental
to the public safety, health, or welfare or be injurious to other
property. The developer shall provide information to support a claim
that there are extraordinary hardships or practical difficulties which
may result from strict compliance with the regulation or that the
public interest may be better served by an alternative proposal.
No waiver shall be granted unless the council or commission
finds that:
(1)
The
requirement places an unreasonable burden on the development and does
not bear a rough proportionality to the requirements necessary to
serve the development; or
(2)
There
are special circumstances or conditions affecting the land such that
the strict application of the provisions of this appendix and/or the
design standards manual would deprive the applicant of the reasonable
use of the applicant's land; and
(3)
The
modification, exception or waiver is necessary for the preservation
and enjoyment of a substantial property right of the applicant; and
(4)
The
granting of the modification, exception or waiver will not have the
effect of preventing the orderly subdivision of other land in the
area in accordance with the provisions of this appendix and the design
standards manual.
|
Such findings of the city council or planning and zoning commission,
together with the specific facts upon which such findings are based,
shall be incorporated into the official minutes of the city council
meeting(s) at which such waiver is granted. Pecuniary hardship to
the developer, standing alone, shall not be deemed to constitute undue
hardship.
|
(b)
Waiver
approval process (all sections except subsection 4.3(a)).
Waivers from all articles of this appendix and the design standards
manual except subsection 4.3(a) may be approved as follows: (Waivers
from subsection 4.3(a) will be approved in accordance with subsection
1.5(c) below.)
(1)
An
applicant who desires a waiver from any specific term or regulation
in the sections stated above shall file a written request and pay
the fee as established on the approved city fee schedule for the waiver,
with the administrative official. The written request shall:
a.
State
the specific provision of this appendix or design standards manual
for which a waiver is sought;
b.
If
applicable, state any excessive conditions that the applicant believes
are being improperly or unfairly imposed on the development that do
not bear a rough proportionality to the requirements necessary to
serve the development;
c.
State
the nature of the waiver request and include a justification for the
waiver;
d.
Present
documentation necessary to show that the granting of the waiver will
not result in any danger to the public health, safety, and welfare
of the city and the property immediately surrounding the site for
which the waiver is sought; and
e.
Show
that the city will not incur any unnecessary and inappropriate expense
from the granting of the waiver.
(2)
Following
receipt of the written request for a waiver, the administrative official
shall have the request for the waiver placed on the public hearing
portion of the agenda of the planning and zoning commission meeting.
Written notice of the hearing shall be sent to all owners of real
property lying within 200 feet of the property on which the waiver
is requested. The notice shall be given not less than ten days before
the date set for the hearing by posting the notice, properly addressed
and postage paid, to each property owner as the ownership appears
on the last approved city tax roll or appraisal district records.
(3)
The
administrative official shall provide a copy of the request together
with all supporting documents to the planning and zoning commission
with their agenda materials. The administrative official shall advise
the applicant in writing of the time and place of the hearing on the
requested waiver in such manner as to ensure that the applicant shall
have, at least, ten days' notice of the proposed hearing to allow
adequate preparation for the presentation of the applicant's case.
(4)
The
planning and zoning commission shall hold a public hearing on the
waiver request. The commission shall receive testimony and comment
from citizens who desire to be heard upon the subject.
(5)
At
the conclusion of the hearing, the planning and zoning commission
shall meet and shall submit a recommendation to the city council recommending
approval or denial of the waiver or modification(s) to the waiver.
(6)
Following
the planning and zoning commission hearing, the administrative official
shall have the request for the waiver placed on the public hearing
portion of the agenda of the city council meeting. Written notice
of the hearing shall be sent to all owners of real property lying
within 200 feet of the property on which the waiver is requested.
The notice shall be given not less than ten days before the date set
for the hearing by posting the notice, properly addressed and postage
paid, to each property owner as the ownership appears on the last
approved city tax roll or appraisal district records. The administrative
official shall provide a copy of the request together with all supporting
documents to the city council with their agenda materials. The administrative
official shall advise the applicant in writing of the time and place
of the hearing on the requested waiver in such manner as to ensure
that the applicant shall have, at least, ten days' notice of the proposed
hearing to allow adequate preparation for the presentation of the
applicant's case.
(7)
The
city council shall hold a public hearing on the waiver request. The
council shall receive testimony and comment from citizens who desire
to be heard upon the subject.
(8)
The
city council shall consider the recommendations of the planning and
zoning commission on the waiver request. The city council shall grant
the waiver, deny the waiver, or grant a modified waiver under terms
and conditions that the council deems necessary and appropriate to
protect the public health, safety and welfare and to ensure that the
waiver granted does not create a financial burden upon the city. The
administrative official shall advise the applicant in writing of the
city council's decision within one week.
(c)
Waiver
approval process for subsection 4.3(a).
Waivers from
subsection 4.3(a) (escrow) may be approved as follows:
(1)
An
applicant who desires a waiver from subsection 4.3(a) shall file a
written request and pay the fee as established on the approved city
fee schedule for the waiver, with the administrative official. The
written request shall:
a.
State
the specific provision of subsection 4.3(a) for which a waiver is
sought;
b.
If
applicable, state any excessive conditions that the applicant believes
are being improperly or unfairly imposed on the property that do not
bear a rough proportionality to the requirements necessary to serve
the development;
c.
State
the nature of the waiver request and include a written justification
for the waiver;
d.
Present
documentation necessary to show that the granting of the waiver will
not result in any danger to the public health, safety, and welfare
of the city and the development immediately surrounding the site for
which the waiver is sought; and
e.
Show
that the city will not incur any unnecessary and inappropriate expense
from the granting of the waiver.
(2)
Following
receipt of the written request for a waiver from subsection 4.3(a),
the administrative official shall have the request for the waiver
placed on the agenda of the city council for a public hearing. Written
notice of the public hearing on the requested waiver shall be sent
to all owners of real property lying within 200 feet of the property
on which the waiver is requested. The notice shall be given not less
than ten days before the date set for the hearing by posting the notice,
properly addressed and postage paid, to each property owner as the
ownership appears on the last approved city tax roll or appraisal
district records. The administrative official shall provide a copy
of the request together with all supporting documents to the city
council with their agenda materials. The administrative official shall
advise the applicant in writing of the time and place of the hearing
on the requested waiver in such manner as to ensure that the applicant
shall have, at least, ten-days' notice of the proposed hearing to
allow adequate preparation for the presentation of the applicant's
case.
(3)
The
city council shall hold a public hearing on the waiver request. The
city council shall receive testimony and comment from citizens who
desire to be heard upon the subject.
(4)
At
the conclusion of the public hearing, the city council shall grant
the waiver, deny the waiver, or grant a modified waiver under terms
and conditions that the city council deems necessary and appropriate
to protect the public health, safety, and welfare and to ensure that
the waiver granted does not create an unreasonable or inappropriate
financial burden upon the city or improperly impose a financial burden
on the applicant that is not roughly proportional to the requirements
necessary to serve the development. The administrative official shall
advise the applicant in written of the city council's decision within
one week.
