1-100
This Ordinance may be known and cited as the “River Oaks Subdivision Ordinance.”
(Ordinance 1209-2018 adopted 11/27/18; Ordinance 1239-2019, sec. 46, adopted 8/13/19)
2-100
This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly Chapter 212 of the Texas Local Government Code and the provisions of the Municipal Annexation Act, codified as Chapter 43 of the Texas Local Government Code.
(Ordinance 1209-2018 adopted 11/27/18; Ordinance 1239-2019, sec. 46, adopted 8/13/19)
3-100
1.
These subdivision regulations of the city are designed and intended to achieve the following purposes and shall be administered so as to:
a.
promote the health, safety, morals and general welfare of the community and the safe, orderly and healthful development of the City;
b.
establish adequate policies and procedures to guide development of the City;
c.
provide for the establishment of minimum specifications for construction and engineering design criteria for public infrastructure improvements to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the City for correction of inadequate facilities that are designed to serve the public;
d.
ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare;
e.
ensure against the dangers of fires, floods, erosion, landslides, or other such disasters;
f.
preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features;
g.
ensure that new development is performed in a manner that is harmonious to adjacent properties;
h.
provide the most beneficial circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways, and pedestrian traffic movements; and to provide for the proper location and width of streets;
i.
ensure that public facilities for water supply, drainage, disposal of sanitary and industrial waste, and parks are available for every building site and with adequate capacity to serve the proposed subdivision before issuance of a certificate of occupancy or release of utility connections or final inspection within the boundaries of the plat;
j.
assure that new development adequately and fairly participates in the dedication and construction of public infrastructure improvements that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible;
k.
help prevent pollution, assure the adequacy of drainage facilities, control stormwater runoff, safeguard the water table, and 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 land;
l.
provide for open spaces through the most efficient design and layout of land, while preserving the land use intensity as established in the Zoning Ordinance of the City; and
m.
to require the platting of land for the issuance of a building permit.
2.
To carry out the purposes hereinabove stated, 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 within the City.
3.
Land must not be platted until proper provision has been made for dedication, construction and/or improvement of adequate public facilities including roadways, drainage, water, wastewater, parks, recreation facilities, and other capital improvements.
4.
Proposed plats or subdivisions which do not conform to the policies and regulations shall be denied, or, in lieu of denial, disapproved conditioned on conformance with required conditions.
5.
There shall be an essential nexus between the requirement to dedicate rights-of-way and easements and/or to construct public works improvements in connection with a new subdivision and the need to offset the impacts on the City’s public facilities systems created by such new development.
(Ordinance 1209-2018 adopted 11/27/18; Ordinance 1239-2019, sec. 46, adopted 8/13/19)
4-100
In the interpretation and application of the provisions of these regulations, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of River Oaks, and, where other ordinances of the City are more restrictive in their requirements, or provide greater protection or control, such other ordinances shall control. Minimum standards are appropriate under optimum conditions, individual sites require specific analysis and may need enhanced facilities.
(Ordinance 1209-2018 adopted 11/27/18; Ordinance 1239-2019, sec. 46, adopted 8/13/19)
5-100 Accessory Building or Structure: Administrative Officer: Alley: Building Setback Line: City: City Engineer: Commission: Comprehensive Land Use Plan: Crosswalk Way: Cul-de-sac: Dead-End Street: Director of Public Works: Easement: Engineer: Exaction Requirement: Facilities Agreement: Final Plat: Hammerhead: Land Planner: Lot: Main (Principle) Building or Structure: May, Shall: Pavement Width: Person: Plan for Development: Planning and Zoning Commission: Plat: Preliminary Plat: Public Facilities System: Public Infrastructure Improvement: Replatting: Sketch Plan: Street: Street Width: Subdivide: Subdivider: Subdivision: Surveyor: Utility Easement: Visibility Triangles: Zoning Administrator:
For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section. Words and terms not expressly defined herein are to be construed according to their customary usage in the practice of municipal planning and engineering. Words defined in the Zoning Ordinance not defined in this Ordinance will have the meaning set forth in the Zoning Ordinance.
A subordinate building having a use customarily incident to and located on the same lot occupied by the main building. An accessory structure is considered to be a part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building.
Any office referred to in this Ordinance by title, i.e., City Manager, City Attorney, City Secretary, City Engineer, Director of Public Works, Zoning Administrator, etc., shall be the person so retained in this position by the City, or their duly authorized representatives.
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent prevailing edge of the street or from the property line (side or rear yard) to the established building line for the particular designated zoning district that the building structure or sign is located in, measured perpendicularly.
The City of River Oaks, Texas.
The Registered Professional Engineer or firm of Registered Professional Consulting Engineers that has been specifically designated as “City Engineer” by the City Council.
The Planning and Zoning Commission of the City.
The comprehensive plan of the City and adjoining areas as recommended by the Planning and Zoning Commission and as adopted by the City Council including all its revisions. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other public and private developments and improvements.
A public right-of-way, four (4) feet or more in width between property lines, which provides pedestrian circulations.
A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around.
A street, other than a cul-de-sac, with only one outlet.
The individual appointed by the chief executive officer of the city with the advice and consent of the city council to manage and direct the public works operations of the city.
The word “easement” shall mean an area for restricted use on private property upon which any public utility including the City, shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. Any public utility, including the City, shall at all times have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of the property owner. A public easement may be utilized for a utility and/or drainage system.
A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.
A requirement imposed as a condition for approval of a plat, preliminary plat, building permit, planned development district or other development permit application to:
The facilities agreement shall be a legally binding agreement between the City and the developer specifying the individual and joint responsibilities of both the City and the developer for the development and construction of a subdivision project. Unusual circumstances relating to a subdivision shall be considered in the facilities agreement such that the purpose of this ordinance may be served for each particular subdivision. Such facilities agreement may stipulate pro rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, waivers granted to the ordinance and other nonstandard agreements relating to the development. The facilities agreement shall be recorded in the Tarrant County Courthouse at the same time the Final Plat is recorded.
(Also Record Plat or Filing Plat). The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest minute. Distances shall be accurate to the nearest tenth of a foot. Only a final plat shall be recorded in the plat records of Tarrant County, Texas. Short form plats and amending plats meeting the requirements of this ordinance are considered to be final plats.
Alternative turnaround that is an approved turnaround area designed to Fire Department standards[.]
Persons other than Surveyors or Engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum and/or by actual experience and practice in the field of land planning.
An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved plat which has been properly filed of record.
The building or buildings on a lot which are occupied by the primary use.
The word “may” is merely discretionary. The word “shall” is always mandatory.
The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the faces of the curbs.
Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or other entity of any kind.
A plan outlining the proposed use(s) of a tract or tracts of land, which provides fair notice of the project and the nature of the permit sought. It includes an application for approval of a plat or an application for approval of a zoning change or a site plan, which contains, at a minimum, a graphic depiction of the tract and describes the proposed uses of land and their location within the tract(s) and the general layout of streets and parks or other open spaces. It does not include any information or exhibit presented to[:] (1) City staff for the purpose of seeking information regarding the applicable regulations or (2) the Planning and Zoning Commission or City Council unless the information or exhibit is required to be submitted with the permit application.
Same as Commission.
A preliminary plat, final plat, replat, short form (amending) plat, filing plat, record plat, or other plat established and provided for in this Ordinance.
The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in the plan existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development.
With respect to water, wastewater, roadway, drainage or parks, the facilities owned or operated by or on behalf of the City to provide services to the public, including existing and new developments and subdivisions. The public facilities system includes improvements to roads owned by the County or the State to the extent such improvements are necessitated by and attributable to a proposed development or subdivision.
A water, wastewater, roadway, drainage or park facility that is a part of one or more of the City’s public facilities systems.
The resubdivision or redesign, or amendment of any part or all of a previously platted subdivision, addition, lot or tract.
A sketch drawing of initial development ideas superimposed on a topographic map to indicate generally the plan of development and to serve as a working base for noting and incorporating suggestions of the City Manager, Director of Public Works, City Engineer, Zoning Administrator or others who are consulted prior to the preparation of the preliminary plat.
A public right-of-way, however classified or designated, which provides vehicular access to adjacent land.
In the event it is necessary to ascertain the permitted width, it shall be the shortest distance between the lines which delineate the rights-of-way of a street.
The act of creating a subdivision.
Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision or who is otherwise required to submit a plat as required in this ordinance. The term “subdivider” shall include the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
(also “Addition”) A division of any land, whether vacant or improved, by metes and bounds, deed, contract for deed, lease, or by any other instrument or method, into two or more lots, parcels, sites, units, plots, parts, or interests, for the purpose of offer, sale, lease, development, or establishment of record ownership. Subdivision includes re-subdivision and includes any division of land under [section] 212.004 of the Texas Local Government Code. Subdivision shall not include the division of land into parts greater than five acres which are exempted from platting under [section] 212.004 of the Texas Local Government Code.
A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State statutes to practice the profession of surveying.
An interest in land granted to the City, to the public generally, and/or to a private utility company, for installing and maintaining utilities and/or drainage across, over or under private land, together with the right of ingress and egress thereon with machinery and vehicles necessary for the maintenance of said utilities.
No fence shall extend into the triangular area formed by the extension of the two curb lines to a point measuring 20 feet from the intersection of two streets, and connecting the points to form a 45 degree triangle.
A position appointed by the City Manager, as specified by the Charter of the City of River Oaks to enforce and administer the terms of the municipal zoning ordinance; the individual whose decisions and interpretations are appealed to the board of adjustment.
(Ordinance 1209-2018 adopted 11/27/18; Ordinance 1239-2019, sec. 46, adopted 8/13/19)
6-100
Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Five Hundred ($500.00) Dollars, and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this Ordinance.
(Ordinance 1209-2018 adopted 11/27/18)
7-100
The Planning and Zoning Commission may recommend and the City Council may authorize a waiver from these subdivision regulations when, in its opinion, an unnecessary hardship will result from requiring strict compliance.
7-101
In granting a waiver, the City Council may prescribe conditions that it deems necessary or desirable to protect the public interest. In making the findings herein below required, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and the probable effect of such waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No waiver shall be granted unless the Council finds that all of the following conditions exist:
1.
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and
2.
That strict application of the provisions of this Ordinance is not necessary to promote the public health, safety and welfare; and
3.
That the granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
4.
That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance.
Such findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Council meeting at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute unnecessary hardship; and |
5.
That the granting of the waiver will be in harmony with the spirit and purpose of this Ordinance.
7-102
The Planning and Zoning Commission, in the recommendation of a waiver to the City Council, shall submit all the specific facts and pertinent data upon which such a waiver has been recommended. Any waiver granted by the City Council, after considering the material submitted by the Planning and Zoning Commission, shall be final.
7-103
The Planning and Zoning Commission and the City Council may grant a waiver of an exaction requirement pursuant to Article 13.A [sic] hereof.
(Ordinance 1209-2018 adopted 11/27/18)
8-100
A final plat shall not be filed of record until it has been approved by the City Council.
8-101
No construction work other than site grading and rough cutting of streets shall begin in any proposed subdivision prior to the final plat being approved by the City Council and being filed with the County Clerk of Tarrant County, Texas.
8-102
No changes, erasures, modifications or revisions shall be made in any plat after approval has been given by the City Council unless said change, revision or modification is first submitted to and approved by the City Council.
8-103
No building permit shall be issued by the City for any building on any land in the City which is not served by a sewage collection system connected to an approved community treatment plant or public sewage facility, unless an approved on-site sewage disposal system such as a septic tank and subsurface drainage field, spray irrigation/aerobic disposal system or other system designed and constructed in accordance with the methods and standards approved by the Tarrant County Department of Health and the city’s plumbing code and other applicable city ordinances is installed.
Any section of the city where sanitary sewer shall exist and where the property line of such premises approaches or extends to within one hundred (100) feet of any such sewer shall not construct, use or maintain, or permit to be constructed, used or maintained, on such premises, any privy, cesspool, water closet, urinal basin, slop sink, slop drain, bathtub, or water waste drain from dwellings, laundries, livery stables, garages, filling stations or other places, or any receptacle whatever used or to be used for the purpose of receiving or removing sewage matter, or slop of any kind, unless the same shall be connected with the system of sanitary sewers of the city.
(Ordinance 1209-2018 adopted 11/27/18)
9-100
No person shall subdivide any tract of land which is located within the city or its extraterritorial jurisdiction, as defined by Chapter 42 of the Texas Local Government Code, unless a plat of the tract has been prepared, approved and filed of record as provided in this ordinance. Land held in separate ownership which was recorded in the deed records of Tarrant County as of May 10, 1949 may be platted as a single lot of record without platting the entire tract out of which it was subdivided.
9-101
No Building Permit for residential or nonresidential construction shall be issued for any building on any land unless a Final Plat has been filed in the Plat Records of Tarrant County, except as follows:
1.
Where a primary residential structure exists, a building permit to construct an addition to, or renovation of, the existing residential structure may be issued on unplatted land, provided that the value of such proposed construction, including the cumulative value of any proposed and all previously permitted construction permits on the primary structure, does not exceed fifty (50) percent of the current value of the existing structure, excluding the value of the land. Construction permit as used herein does not include electrical, plumbing or similar nonconstruction activities.
2.
Public Facilities Available.
No building permit for a primary building shall be issued until all necessary public facilities have been installed and have been approved by the City Engineer.
9-102
The owner of any land which is required to be platted as provided herein shall be required to dedicate to the City a reasonable portion of the land as is necessary for the orderly development of streets, drainage, utilities, emergency access or other public purposes. Any required dedications shall meet the rough proportionality standard set forth in the Local Government Code, Chapter 212.904. If such dedication requirements are imposed, it shall be a prerequisite of approval. A dedication shown on a plat shall be considered an offer of dedication which may be withdrawn before approval by the City Council. Upon approval of the plat by the City Council, the offered dedication shall remain open until refused by the City.
The approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the appropriate city authorities have made actual appropriation of the dedicated parts by entry, use or improvement.
Prior to acceptance of a dedication, the dedication may be refused or rejected by the vacation of the plat or by the approval of a replat in accordance with this ordinance. After acceptance of a dedication, the public improvement and dedication may only be vacated by adoption of a resolution or ordinance by the City Council in accordance with city policies and state laws.
The disapproval of a plat is considered a refusal of the offered dedication by the City Council.
9-103
The City shall not authorize any other person or entity nor shall the City itself supply any water, gas, electricity, sewerage or other utility service to a property for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. The provisions of this section shall not prohibit the provision of electric service for security lighting only on unplatted property.
9-104
The City shall not authorize any person or entity nor shall the City itself repair, maintain, install or provide any streets or public utility services in any subdivision for which the standards contained herein or referred to herein have not been complied with in full.
9-105
On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to seek an injunction or enforce the provisions of this Ordinance or the standards referred to herein and/or to seek appropriate damages as authorized by law
(Ordinance 1209-2018 adopted 11/27/18)
10-100
The City Council may from time-to-time amend this Ordinance, in accordance with appropriate procedures provided by law.
(Ordinance 1209-2018 adopted 11/27/18)
11-100
The subdivider shall furnish, install and/or construct the water and sewerage systems and the street and drainage facilities necessary for the proper development of the subdivision. All such facilities shall be designed and constructed in accordance with the Design Provisions contained in this Ordinance, and other standards, specifications, and drawings as may be adopted by the City Council.
11-101
Where shown on the master plan, or considered necessary by the City Council in order to protect the public health, safety or welfare, public facilities shall be sized in excess of that dictated by the design criteria to provide for future growth and expansion. The City Council shall establish policies whereby the City will participate in the construction of such oversized facilities or reimburse the subdivider for the costs of same.
11-102
1.
Pursuant to the provisions of Section 245.002, of the Texas Local Government Code, the City shall consider the approval, disapproval or conditional approval of any application or permit required by this Ordinance on the basis of any regulations, ordinances, rules or expiration dates, or other properly adopted requirements in effect at the time:
2.
Rights to which a permit applicant is entitled under this provision accrue on the filing of an original application or plan for development or plat application that gives the City fair notice of the project and the nature of the permit sought. An application or plan is considered filed on the date the applicant delivers the application or plans to the City or deposits the application or plans with the United States Postal Service, by Certified Mail, addressed to the City. A certified mail receipt obtained by the applicant at the time of deposit is prima facie evidence of the date the application or plan was deposited with the United States Postal Service.
3.
If a series of permits is required for a project, the orders, regulations, ordinances, rules, expiration dates, or other properly adopted requirements in effect at the time the original application for the first permit in that series is filed, shall be the sole basis for consideration of all subsequent permits required for the completion of the project.
4.
If the City should adopt new orders, rules or regulations relating to an activity covered by this Ordinance during the development process for a project, the developer/applicant may elect to operate under the newly adopted regulations or may proceed with the complete development under the rules in effect at the beginning of the project.
5.
If a developer/applicant believes that their project/subdivision plat is eligible to be reviewed under a set of regulations not currently controlling in the City, it shall be the responsibility of the developer/applicant to provide the City with written notice that the developer/applicant believes that a different set of regulations would be applicable. The developer shall provide the City with written notice of the date that the initial application or notice was given to the City, provide a copy of any written instrument constituting such notice and shall identify to the City the specific regulatory provisions that the developer/applicant believes should be applied to the current project. The developer/applicant must provide the City with this required written notice in order to avail themselves of a different set of regulations because the City staff cannot independently determine whether the developer/applicant has simply chosen to comply with the then current regulations applicable to the project.
6.
Once the City has been provided written notice by a developer/applicant seeking to proceed with the development under regulations from a prior initial project submittal, the City shall review the request and provide a written response to the developer/applicant within fourteen (14) days of receipt of the written request. The City may request additional information or documentation to fully investigate the regulatory provision in question. If the City staff should deny the request to apply the regulation requested by the developer/applicant, the developer/applicant may file an appeal to the City Council by written instrument within fourteen (14) days following the notice that the alternate regulations will not be applied.
7.
The City Council shall afford the developer/applicant a hearing upon which evidence may be introduced to support the applicant’s claim that the project is entitled to the protections accorded by Chapter 245.002 of the Texas Local Government Code. At the conclusion of the hearing, the City Council will determine whether to approve the request, deny the request or modify the request to allow the project to proceed under a noncurrent set of development regulations.
8.
If a permit for any development activity is issued by the City, it shall be valid for a period of two (2) years from its issuance date. If a developer/applicant initiates construction activity to implement the rights created by the permit within twenty-four (24) months following its issuance, the rules or regulations relating to that permit shall be applicable for the completion of the construction for which the permit has been issued. If no activity is initiated by the developer/applicant to initiate construction within the 24-month period, any rights created pursuant to Chapter 245 of the Texas Local Government Code shall lapse and expire and the developer/applicant shall be required to proceed with the regulations then in full force and effect to continue the construction activity. If a developer/applicant places the City on full and fair notice of a development plan or proposal for a project, the developer/applicant shall have the right to proceed with that project (and all of its associated elements) under the rules and regulations applicable at the time that notice was provided to the City. If the developer/applicant takes steps to initiate construction relating to the project within the sixty (60) month period following initial notice, the project and its associated elements shall be allowed to proceed under the rules and regulations then in effect at the time that initial notice was given. If the developer/applicant does not initiate construction activity on the project within sixty (60) months following notice to the City, then the developer/applicant shall have waived any rights conferred under Chapter 245 of the Texas Local Government Code to proceed with the project under any development regulations other than those then currently in effect for other comparable projects in the City.
11-103
Homeowners’ and Property Owners’ Associations.
1.
When a development contains common areas, common property, open space, private streets, required private drainage facilities, or other improvements not intended to be dedicated to the City for public use, a homeowners’ or property owners’ association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state law.
2.
The common areas shall be shown on the final plat and dedicated to the homeowners’ or property owners’ association.
3.
An association shall be an incorporated nonprofit organization operating under recorded land declarations through which:
a.
Each lot owner in a described land area is automatically a member; and
b.
Each lot is automatically subject to a charge for a proportionate share of the expenses for the association’s activities, such as maintenance of common areas, common open spaces or the provision and upkeep of common recreational facilities.
4.
To assure the establishment of a permanent homeowners’ or property owners’ association, including its financing and the rights and responsibilities of the owners in relation to the use, management and ownership of common areas or common property, the plat, dedication documents, covenants, and other recorded legal agreements must provide for the following:
a.
Creation of an automatic membership, nonprofit home or property owners’ association;
b.
Placement of title to the common property in the homeowners’ or property owners’ association or definite assurance that it automatically will be so placed within a reasonable, definite time;
c.
Appropriate limitation of the uses of the common property;
d.
The grant to each owner of a lot within the development of the right to the use and enjoyment of the common property;
e.
Placement of responsibility for operation and maintenance of the common property with the association;
f.
Imposition of an association charge or assessment on each lot in a manner which will assure sufficient association funds to maintain the common property or improvements;
g.
The grant to each owner voting rights in the association; and
h.
Identification of the land area within the association’s jurisdiction including, but not limited to, the following:
5.
Protective covenants shall be developed which shall make the homeowners’ association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien.
6.
The articles of incorporation of the homeowners’ or property owners’ association, its bylaws, and the restrictive covenants shall be submitted to the Director of Planning for approval along with the final plat. Prior to filing the plat, the developer shall create an incorporated nonprofit association, and record the covenants in the deed records.
7.
The homeowners’ or property owners’ documents must indicate that the facilities referenced in Paragraph 1 of this section shall be privately owned and maintained by the association, and that the City has no obligation to maintain said facilities. If the homeowners’ or property owners’ association fails to maintain said facilities, and the parkway between a screening wall, fence or device and a street, the City shall have the right to levy an assessment for the expense of the needed repairs or maintenance. Said assessment shall constitute a lien upon each lot against which the assessment is made. The City shall be the sole judge of whether repair or maintenance is needed.
8.
If a subdivision proposal contains five or fewer lots, the developer may determine that the creation of a Homeowners’ Association is not the most effective method for ensuring long term maintenance of a screening wall. The developer will remain responsible for ensuring that some long-term maintenance system is created to meet the intent of this section. The developer shall be free to propose to the Director of Planning, in writing, an alternate approach which may involve any method that provides at least as much guarantee of long term maintenance as the requirement of creating a homeowners’ association would provide.
(Ordinance 1209-2018 adopted 11/27/18)