This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212 of the Texas Local Government Code as amended.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
These subdivision regulations are designed and intended to achieve the following purposes and shall be administered so as to achieve the following purposes:
1.
To promote the health, safety, morals and general welfare of the community and the safe, orderly and healthful development of the City;
2.
To establish adequate policies and procedures to guide development of the City and its extraterritorial jurisdiction;
3.
To provide for the establishment of minimum specifications for construction and engineering design criteria for public works 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;
4.
To ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare;
5.
To ensure against the dangers of fires, floods, erosion, landslides, or other such menaces;
6.
To preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features;
7.
To realistically and harmoniously relate new development of adjacent properties;
8.
To 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;
9.
To 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 development before issuance of a certificate of occupancy or release of utility connections or final inspection within the boundaries of the plat;
10.
To assure that new development adequately and fairly participates in the dedication and construction of public works improvements that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible;
11.
To 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 and its extraterritorial jurisdiction in order to preserve the integrity, stability, and beauty of the community and the value of the land; and
12.
To provide for open spaces through the most efficient design and layout of the land, while preserving the land use intensity as established in the Zoning Ordinance of the City.
B.
Policy.
To carry out the purposes hereinabove stated, it is 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 where applicable, within its extraterritorial jurisdiction.
C.
Disapproval.
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 conditions.
D.
Nexus.
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.
E.
Compliance with Federal Regulations.
The applicant is responsible for compliance with applicable federal regulations which may apply to a development, including any required permits or approvals from the United States Army Corps of Engineers, the Environmental Protection Agency and the Texas Commission on Environmental Quality.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
Land proposed to be subdivided must be served adequately by essential public facilities and services, including water and sanitary sewer facilities, roadway and pedestrian facilities, drainage facilities and park facilities. An application for a plat or development may be denied unless adequate public facilities necessary to support and serve the development exist or provision has been made for the facilities to be dedicated to the city or other appropriate public agency, whether the facilities are to be located within the property being platted or offsite. Since water and wastewater services are not provided by the City of Joshua, the city's approval of a plat does not represent acceptance of related public improvements nor availability of such services.
Dedication of rights-of-way and easements for public works improvements to support new development should occur at the earliest stage of the development process.
B.
Mitigation.
Impacts of new development shall be mitigated through contributions of rights-of-way, easements and construction of capital improvements, but in no event shall a new development be required to contribute not more than its proportionate share of such costs.
C.
Conformance.
Proposed public works improvements serving new development shall conform to and be properly related to the public facilities elements of the City’s adopted Comprehensive Plan, other adopted master plans for public facilities and services, and applicable capital improvements plans, and shall meet the service levels specified in such plans.
(Ordinance 797-2020 adopted 10/15/20; Ordinance 871-2023 adopted 9/21/2023)
A.
Generally.
The standards established in this Ordinance identify certain minimum requirements and sizes for utilities, roadways, parks and other facilities that the City Council has determined to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to assure the quality of life currently enjoyed by the citizens of Joshua. It is the intent of these regulations that no development occurs until and unless these minimum levels of service are met. Therefore, each subdivision in the City shall be required to dedicate, construct and/or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.
B.
Basis for Standards.
For each category of public infrastructure, a minimum standard of infrastructure, and in some cases, service level, has been developed based upon engineering studies, historical usages, demands by different categories of development and construction projects of the City and other cities. These minimum standards take into consideration the soil conditions and topographic configuration of the City, and other historical use and performance experiences of the City.
C.
Denial If Adequate Levels Not Met.
In order to maintain prescribed levels of public facilities and services for the health, safety and general welfare of its citizens, the City may require the dedication of easements and rights-of-way for or construction of on-site or off-site public works improvements for water, sanitary sewer, road, drainage or park facilities to serve a proposed development, or require the payment of fees in lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the City may deny the subdivision until the public facilities and services can be provided or require that the development be phased so that the availability and delivery of facilities and services coincides with the demands for the facilities created by the development.
D.
Reimbursement.
Whenever the City Council determines that levels of service in excess of these minimum standards are necessary in order to promote the orderly development of the City, the owner shall qualify for reimbursement for any costs in excess of the minimum levels of service through City participation, to the extent funds are available by a pro rata reimbursement agreement or other means adopted by the City.
(Ordinance 797-2020 adopted 10/15/20)
A.
Water.
All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and fire protection. Minimum fire flow pressures shall be as required by the City. Additional standards and requirements are defined in Article 8 hereof.
B.
Wastewater.
All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment. The City Engineer shall be responsible for determining the approved means of wastewater collection and treatment. The City may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity. Additional standards and requirements are defined in Article 8 hereof.
C.
Streets and Thoroughfares.
1.
New development within the City must be supported by an adequate network of thoroughfares. Thoroughfares are an essential component of the City’s street network and are necessary to accommodate the continuing growth and development. It is necessary and desirable to obtain rights-of-way for off-site, abutting and internal thoroughfares to support new development at the time of platting or development of the land. The City desires to assure both that development impacts are mitigated through contributions of thoroughfare rights-of-way and improvements and that a subdivision contribute not more than its fair share of thoroughfare costs.
2.
Proposed roads shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall be properly related to the applicable thoroughfare plan and any amendments thereto and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development.
D.
Drainage.
Drainage improvements serving new development and redevelopment shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention or the construction of off-site drainage improvements, in order to mitigate the impacts of the proposed subdivision. Drainage improvements serving the development shall accommodate runoff from the entire upstream drainage area and shall be designed to prevent overloading the capacity of the downstream drainage system. Additional standards and requirements are defined in Section 10.8 [Article 8] hereof.
(Ordinance 797-2020 adopted 10/15/20)
A.
Building Permits.
Except as provided in Section 10.2.1, no permit for building, construction, repair, or plumbing or electrical work on any tract shall be issued until the approval and filing of a plat in the county plat records.
B.
Utility Service.
1.
The City shall be under no obligation to furnish any public utilities or allow any City services unless and until a plat meeting all rules, regulations, and requirements of this Ordinance has been approved and filed in the county plat records.
2.
A person commits an offense if the person provides water or sewer service to any lot or tract of land or any part thereof unless and until a plat of such tract of land meeting the requirements of subsection 1 has been filed of record with Johnson County.
C.
Fine for Violation.
Any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be liable for a fine not to exceed the sum of five hundred dollars ($500.00), and each and every day of violation constitutes a separate offense upon conviction.
D.
Additional Action.
In addition to pursuing the penalties and fines provided above, the City may bring additional legal action to insure compliance with this Ordinance, including injunction, abatement or other appropriate action or proceeding.
(Ordinance 797-2020 adopted 10/15/20)
A.
General Rules.
For the purpose of this Ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof:
1.
Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular.
2.
The word “shall” is mandatory and the word “may” is permissive.
3.
The phrase “used for” shall include the phrases, “arranged for,” “designed for,” “intended for,” and “occupied for,” and shall apply exclusively to physical uses.
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Definitions.
For the purpose of this Ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this Ordinance, but not defined in this Ordinance shall have the meanings ascribed thereto in the Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this Ordinance shall control.
The acreage included within the boundary of a subdivision.
The acreage included within the boundary of a particular subdivision but excluding all public rights-of-way.
Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the City and based upon specific levels of service.
The City Manager, or the City Manager's designated representative, authorized to enforce the terms of this Ordinance. The Administrative Official is also authorized, in the event there is not sufficient time for either the Planning and Zoning Commission or City Council review, to approve, approve with conditions or deny any plat referenced in this Ordinance. Any requirement in these subdivision regulations for the signature of the Planning and Zoning Commission Chair shall be replaced with the Administrative Official's signature when the Administrative Official has undertaken such actions as authorized in these subdivision regulations.
A public or private right-of-way which affords 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.
The owner of land proposed to be subdivided or the owner’s authorized representative.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
The Bethesda Water Supply Corporation.
A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or boundary lines of municipalities.
Any form of security, other than a cash deposit, to be used as surety or as a guarantee in an amount and form satisfactory to the City that ensures performance of an obligation.
To erect, convert, enlarge, reconstruct, restore, or alter a building or structure.
Any structure which is built for the support, shelter or enclosure of persons, animals, chattels, or moveable property of any kind.
A line, generally parallel to a lot line or street right-of-way, located the required distance to provide the minimum yards established by the Zoning Ordinance, as amended, to limit the area in which buildings are permitted.
A building in which the principal use of the lot on which it is situated is conducted. In a residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.
A member in good standing of the American Institute of Certified Planners.
The City of Joshua, Texas.
A person appointed to serve as City Engineer or authorized to act in such capacity.
The documents adopted by the City that establish the minimum criteria for the design of public works improvements.
The Planning and Zoning Commission of the City.
A private lot(s) established, owned and maintained by a homeowners’ association or a property owners’ association.
A series of planning documents intended to guide the growth and development of the City and its adjoining areas including, but not limited to, the City’s Comprehensive Land Use Plan, Thoroughfare Plan, Master Water Plan, Master Wastewater Plan, and Parks/Trail Master Plan.
The City Council of the City.
The plat records of Johnson County, Texas.
That street or part of a street having one common entry and exit and no other entry and/or exit.
Any street segment which is designed with a degree of curvature not less than 3º 30' and not greater than 22º 55', and which shall offset a minimum distance of thirty feet (30'), said offset being measured perpendicular to the initial tangent line of the curve.
The number of dwelling units per gross acre.
The number of dwelling units per net acre.
The owner of land proposed to be subdivided or developed, or the developer’s representative. A subdivider is a developer.
A written agreement from a developer to the City to perform certain activities related to the development.
Any activity that requires the submission of a plat or the securing of a building permit, or any manmade change to real estate, including, but not limited to, construction of a building or structure, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment or materials. A subdivision is a development.
A grant of one or more of the property rights by the property owner to; and/or for; the use by the public, a corporation, or another person.
An easement intended to provide shared access to and from a development. It may be public or private.
(Abbreviated D.E., typically D. + U.E. when combined with utility easements) an easement for the purpose of the overland or underground transfer of stormwater.
An easement for the purpose of ingress, egress, access, and passage to and across private property for police, fire and other governmental vehicles and personnel.
An easement for the purpose of accessing and maintaining private structures located adjacent to a common lot line, typically used along the “zero lot line” property lines within a subdivision.
An easement for the purpose of pedestrian ingress, egress and passage to and across private property.
An easement granted by a property owner to a specified person, group of persons or entity in, on, across, over, or under property for a specified use or uses.
An easement granted by a property owner to the public or governmental agency in, on, across, over or under property for a specified public use or uses.
An easement granted by a property owner to a homeowners’ or property owners’ association for the construction and perpetual maintenance of a screening device along the perimeter of a subdivision.
An easement granted by a property owner to a utility for the installation, maintenance, and operation of water, sewer, electric, telephone, cable, gas, and other similar utilities.
A person who has been licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state and listed in State Records as “Civil.”
The City of Joshua design manual, as amended.
Money placed in the possession of the City to guarantee the performance of an obligation.
A requirement imposed as a condition of approval for a plat or other permit to accomplish the following:
Relief from a requirement granted by the Planning and Zoning Commission.
The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the City of Joshua, the outer boundaries of which are measured from the extremities of the corporate limits of the City outward for such distances as prescribed in Chapter 42 of the Texas Local Government Code, as amended, according to the total population of the City and by interlocal agreements with surrounding cities.
an electrical line that emanates from an electrical substation or hub for distribution throughout a local area.
The Federal Emergency Management Agency tasked with floodplain management and administers the National Flood Insurance Program.
The Filing Date means the date a preliminary plat, replat or final plat, along with a completed application and applicable fees, and other requirements as prescribed by or under Texas Local Government Code § 212.004, as amended, are submitted to the City.
The channel of a watercourse and the adjacent floodplain that must be reserved to convey the base flood without cumulatively increasing the base flood elevation more than a designated height.
Any land area inundated by the base flood as determined by FEMA.
That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.
Johnson County Special Utility District or District: The Johnson County Special Utility District (JCSUD).
An electrical line that emanates from a feeder line and is used for distribution to smaller areas of consumers and is usually connected to a feeder line through a sectionalizing device such as a fuse or disconnection switch.
A public thoroughfare which is intended primarily to serve as access to residential property within a neighborhood interior or limited residential district and is not aligned or located to attract other than limited local traffic movements.
A parcel of land whose boundaries have been established by a recorded plat which is recognized as a separate legal entity for transfer of title.
A permanent iron rod generally used on lot corners, points of curvature and tangency.
Permission granted by the City for a change to a requirement.
A permanent concrete survey monument generally used on subdivision property corners adjacent to public.
A subdivision developed primarily for non-residential uses.
Any premises not located within the area of the property to be platted.
A person who has a fee simple title in land, or a person acting on behalf of or through authority granted by the owner.
Any individual or group of individuals, general or limited partnership, joint venture, unincorporated association, any corporation, or governmental or quasi-governmental entity.
A plan outlining the proposed use(s) of a tract or tracts of land, which provides the City fair notice of the intended 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 site plan which contains, at a minimum, a graphic depiction or sketch 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.
A two dimensional drawing showing the location and size of proposed improvements and appurtenances.
A plan or map of a subdivision of land showing all the essential dimensions and other information essential to comply with the plat standards of this Ordinance. A plat may be a preliminary plat, final plat, replat, amending plat, minor plat or development plat.
A plat which meets the requirements as set forth in Section 212.016, as amended, of the Texas Local Government Code.
A plat which substantially conforms to the approved preliminary plat if required, and contains all or a portion of the property within the boundary shown on an approved preliminary plat. A final plat as referred to in this Ordinance may also refer to replats, amending plats, and minor plats.
A plat which includes four or fewer lots and where each lot fronts an existing street, and that does not require the creation of any new street or any public improvements.
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
A plat to dissolve property lines, easement, and rights-of-way that meets the requirements as set forth in Section 212.013 of the Texas Local Government Code, as amended.
With respect to water, sanitary sewer, roadway, drainage or parks, the facilities owned or operated by or on behalf of the City to provide services to the public, including those facilities in 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, sanitary sewer, roadway, drainage or park facility that is intended to be dedicated to become a part of one or more of the City’s public facilities systems.
A plat which revises currently platted lots or combines platted and unplatted property.
A subdivision developed primarily for residential uses as enumerated in the City’s Zoning Ordinance.
A structure constructed and erected between lands of different elevations to protect structures and/or prevent erosion by retaining or restraining lateral forces of soil or other materials.
(Abbreviated as ROW) Land conveyed by plat, or other legal instrument, to the public ownership and use for roadways, utilities and other public improvements. Land dedicated as right-of-way is owned by the City, whereas land dedicated by easement is owned by the land owner with a right of use given to the City.
The traveled portion of a street upon which vehicles traverse and circulate, which includes the area from back-to-back of the outer curb lines, or where curbs do not exist, said roadway includes the traveled area from the outer edges of the surfaced and prepared portion of the roadway, excluding shoulders, etc.
An electrical line which supplies electricity to a customer’s service entrance.
All property which is contained within fixed boundaries commonly referred to as right-of-way (ROW) lines, for the primary purpose of vehicular movement and circulation, and in which traveled roadways exist, along with various service utilities and sidewalks for pedestrian circulation.
A through-street designed to connect primary arterials and provide system continuity. These roadways typically are designed with four (4) lanes and may be divided or undivided. Spaced at one mile intervals, they define the limits of a neighborhood. They are designed to carry traffic volumes of 10,000 to 15,000 vehicles per day
A through street designed to serve major traffic movements through the City by carrying large volumes of traffic across or through the City as efficiently as possible. These roadways typically are continuous in length, connect with freeways, and serve major traffic generators. They are designed to have four (4) to six (6) lanes and carry between 10,000 and 40,000 vehicles per day.
A street whose entire length and width is contained within a development. Local streets and residential streets typically are considered internal streets.
A street that provides access to residential property and feeds the collector street system. These roadways typically are designed with two (2) lanes and carry traffic volumes of fewer than 1,000 vehicles per day. They are designed to either allow dispersal of local traffic or discourage through-traffic using curvilinear design, incorporations of loops and cul-de-sacs, or both.
A street which abuts a development or one whose width lies partly within a development and partly without.
A street that is privately owned and maintained and that is not dedicated to the public for general use and maintenance.
The act or process of creating a subdivision.
A person who subdivides or seeks to subdivide land into two or more lots.
The division of a tract or parcel of land situated within the City or the City’s extraterritorial jurisdiction into two or more parts for the purpose of sale, lease, or development. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A subdivision includes a replat and a one-lot subdivision of a tract which has not been previously platted. A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated, shall not constitute the subdivision of land.
A division of land that is not under any obligation to meet the requirements of this ordinance.
A person registered by the Texas Board of Land Surveying as a registered professional surveyor or licensed professional land surveyor.
A public works improvement or expansion that is for the use or benefit of the overall water, sanitary sewer, roadway, drainage, or park facilities systems, as applicable. A system-related facility has capacity larger than needed to serve a single new development and exceeds the minimum standards required. A system-related facility may include a public works improvement that is reflected in the capital improvement plan or the Comprehensive Plan. A system-related facility may be located off-site, within the development site, or on the perimeter of the development site.
The master plan of major and secondary streets and highways which is a part of the City’s Comprehensive Plan and adaptations, amendments or supplements thereto as adopted by the City Council.
All contiguous property belonging to the same owner.
An electrical line operated at a nominal voltage of 60,000 volts or higher that brings electricity from a generating plant to an electrical substation.
A company providing electrical, telephone, cable television, or cable- or wire-based data transmission services within the City.
An entity that provides a public or private utility or service to the general public, including but not necessarily limited to a municipal water, wastewater or drainage utility, electric company, telephone company, natural gas company and a cable television provider.
Permission granted by the City to eliminate a requirement.
Chapter 14 of the Code of Ordinances, as amended, the Comprehensive Zoning Ordinance of the City of Joshua.
(Ordinance 797-2020 adopted 10/15/20; Ordinance 870-2023 adopted 8/17/2023; Ordinance 871-2023 adopted 9/21/2023)
A.
Applicability.
Subject to the provisions of this section, the regulations of this Ordinance shall apply to all land within the corporate limits and extraterritorial jurisdiction of the City of Joshua.
B.
Utilities.
The City shall be under no obligation to provide utilities otherwise provided by either the Johnson County Special Utility District (JCSUD) or the Bethesda Water Supply Corporation (BWSC). These entities hold jurisdiction and responsibility by their utility policies within their Certificates of Convenience and Necessity (CCNs).
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
The Commission may authorize an exception from these regulations when, in its opinion, extraordinary hardship will result from requiring strict compliance.
B.
Request.
The applicant seeking an exception shall submit to the Administrative Official a written request stating the justification for such exception, accompanied by engineering data or other evidence supporting the applicant’s request for relief. The Commission may recommend grant an exception in conjunction with the application for approval of the plat. The applicant bears the burden of proof to demonstrate that an exception to the standards applicable to a development application should be granted.
C.
Evidence.
The Commission and City Council may require engineering studies and displays from the applicant to support the request for an exception. The decision of the Council shall be final.
(Ordinance 797-2020 adopted 10/15/20)
The Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of the requested exception upon traffic conditions, City services, and upon the public health, safety, convenience and welfare, and whether:
A.
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
B.
Hardships or practical difficulties will result from strict compliance with these regulations, and/or the purpose of these regulations may be served to a greater extent by an alternative proposal; and
C.
The conditions upon which the request for an exception is based are unique to the property and are not applicable to other properties, or the tract has severe topographical conditions or unique environmental qualities worthy of protection.
Financial hardship, alone, to the applicant shall not be deemed to constitute unreasonable burden or hardship. |
(Ordinance 797-2020 adopted 10/15/20)
The Planning and Zoning Commission may impose conditions relating to the exception as will, in its judgment, substantially secure the objectives of the standards or requirements to which the exception was granted.
(Ordinance 797-2020 adopted 10/15/20)
The Commission may recommend and the City Council may modify the standards and requirements of this Ordinance in the case of an application including an approved planned development district. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, provision for light and air, and offers all essential utility services and necessary public and other facilities and is in conformance with all provisions of any ordinances which specifically apply to a planned development district.
(Ordinance 797-2020 adopted 10/15/20)
A.
Grading Permit Required.
A grading permit is required for any clearing, gradings, filling, dredging, and construction of public streets, utilities, or stormwater or other improvements which may affect adjacent or surrounding properties. A property owner commits an offense for failure to first obtain a grading permit.
B.
Application.
Application for the permit shall be made on a form provided by the City and shall be submitted with a fee, established by the City Council. The permit application shall describe the property and the nature of the development and shall be accompanied by construction plans and specifications adequate to describe the improvements. The plans shall show the existing contours and the proposed contours in either one inch (1") or two inch (2") vertical intervals. All plans accompanying permits for any work within a floodplain shall be certified by an engineer. Tree preservation shall be carried out as per Section 10.10.12 [Section 10.10.8] of this Ordinance, as amended.
C.
Plans.
The site grading plans shall demonstrate the following:
1.
The work will not have any appreciable change in the site drainage characteristics or shall show the site modification and any mitigation measures necessary to accommodate the change;
2.
The grading will not adversely affect adjacent property owners;
3.
The grading will, to the extent possible, preserve trees and unique natural features (natural creeks, rock outcrops, karst features, etc.) in the site grading area such that the applicant demonstrates a valid reason for the removal of any protected trees, along with a description on how protected trees will be safeguarded from damage during construction;
4.
That provision has been made for temporary and permanent erosion control measures; and
5.
All required federal and state approvals have been obtained.
The Administrative Official shall issue the permit when all conditions of this Ordinance have been satisfied. |
D.
Post Grading Maintenance.
All temporary erosion control devices, as specified in the approved stormwater pollution plan and grading permit shall be maintained during construction until permanent erosion controls have been established on the site and approved by the City. A property owner commits an offense for failure to maintain erosion control devices approved for the development.
(Ordinance 797-2020 adopted 10/15/20)