A.
Generally.
1.
Easements
for drainage, walkways, access and other comparable purposes shall
generally be located along the side or rear or front lot lines and/or
drainage flow lines and shall be labeled “Drainage Easement,”
“Pedestrian Access Easement,” “Common Access Easement,”
“Maintenance and Access Easement,” “Emergency Access
Easement” or other specifically appropriate labeling on the
final plat.
2.
Unless
otherwise recommended by the City Engineer, the developer shall dedicate
a fifteen foot (15') general utility easement along the front lot
line of each lot and any side lot line that is adjacent to a street.
Easements shall be larger when the City Engineer determines necessary
special conditions warrant.
3.
To facilitate
access from roads to schools, parks, playgrounds, the City may require
perpetual unobstructed access easements for pedestrian or bicycle
traffic.
4.
Easements
dedicated on the plat shall be deemed dedicated to the public and
to the City unless specified otherwise.
5.
Private
streets shall be labeled as “Emergency Access and Utility Easements”
in order to facilitate access for police, fire and other public safety
and governmental vehicles and personnel and franchise utility and
solid waste disposal vehicles and personnel.
6.
The width
of easements for utility providers other than the City, such as for
water, gas, electric, telephone, cable television, or internet, shall
be as required by that particular entity. It shall be the applicant’s
responsibility to determine appropriate easement widths required by
other utility companies.
7.
Wherever
possible, easements shall be centered along front lot lines rather
than across the interior or rear of lots.
8.
Easements
shall be dedicated as specified herein. If necessary for the extension
of water or wastewater mains, storm drainage or other utilities, easements
of greater width may be required along lot lines or across lots. In
all cases, easements shall connect with easements already established
in adjoining property to facilitate placement of utilities.
B.
Drainage
Easement or Right-of-Way.
Where a subdivision is traversed
by a watercourse, drainage way or channel, there shall be provided
a storm drainage easement conforming substantially with such course
and of such additional width as may be designated by the City Engineer,
according to proper engineering considerations. The required width
shall, under normal conditions, be measured from the centerline of
creeks, ditches or drainage channels, conform to the requirements
set forth by the Federal Emergency Management Agency (FEMA), the U.S.
Army Corps of Engineers, and/or the City and shall be sufficient to
accommodate the 25-year flood return elevation.
1.
Utilities
may be permitted within a drainage or floodplain easement only if
approved by the City Engineer and designed according to the EDSS.
C.
Drainage
Piping Requirement.
Any drainage piping that is to be
dedicated to the City shall be in an easement with a minimum width
of the structure (i.e., pipe diameter or box width) plus fifteen feet
(15').
D.
On-Site
Easements.
All necessary on-site easements shall be established
on the plat and not by separate instrument, and they shall be labeled
for the specific purpose, and to the specific entity if other than
the City, for which they are being provided.
E.
Offsite
Easements.
Any necessary easements not shown on the plat
shall be procured by separate instrument, in a form approved by the
City Attorney, and shall be the developer’s or property owner’s
responsibility. If the developer cannot obtain a required offsite
easement, then the developer may request that the City assist in the
acquisition of the easement. The developer must make an offer in writing,
based on the fair market value of the easement, to the property owner
from whom the easement is being sought. All costs of obtaining the
easement shall be the responsibility of the developer or property
owner and the City must be reimbursed for any costs incurred including
its attorney’s fees, condemnation award and any fees or expenses
of litigation whether at the trial or the appellate level or both.
F.
Common Access
Easements and Cross Access Easements.
To reduce the congestion
created by a number of drives along streets while maintaining adequate
access to developments, the City may require that “common access
easements” or “cross access easements” be dedicated
at the corners of lots not intended for low-medium density residential
developments when adjacent to lots of a similar use.
G.
Floodplain
Easement.
Floodplain easement requirements are as follows:
1.
The 100-year
floodplain shall be delineated and cited on the plat. Floodplain easements
shall be provided along natural drainage ways and lakes or reservoirs.
Floodplain easements shall encompass all areas beneath the water surface
elevation of the 25-year flood, plus such additional width as may
be required to provide ingress and egress to allow maintenance of
the banks and for the protection of adjacent property as determined
and required by the City Engineer.
2.
Modification
of existing drainage courses shall only be done using methods and
procedures compliant with Federal Emergency Management Agency (FEMA),
National Flood Insurance Program (NFIP), Texas Commission on Environmental
Quality (TCEQ), U.S. Army Corps of engineers and Texas Parks and Wildlife
policies, as applicable.
3.
The City
of Joshua shall maintain areas within floodplain easements. Maintenance
of floodplain areas outside of floodplain easements shall be the responsibility
of the property owner.
4.
The City
shall have the right of ingress and egress for the purpose of performing
maintenance work or to alleviate any undesirable conditions that may
occur within floodplain easements.
(Ordinance 797-2020 adopted 10/15/20)
A.
Division
of Property.
Every owner of property for which an application
for approval of a development has been submitted shall be required
to dedicate to the City that portion of such property as is necessary
for the orderly development of streets, roadways, thoroughfares, utilities,
drainage improvements, or other public purposes. Such dedication requirements
shall be a prerequisite to plat approval.
B.
Effect of
Approval/Disapproval on Dedication.
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 City makes an actual
appropriation of the dedicated parts by entry, use, or improvement.
The disapproval of a plat is considered a refusal by the City of the
offered dedication indicated on the plat.
C.
Dedication
and Construction of Improvements.
The developer shall
dedicate all rights-of-way and easements for and shall construct capital
improvements within the rights-of-way or easements for those water,
wastewater, road or drainage improvements needed to adequately serve
a proposed development consistent with the applicable master facilities
plans, whether the facilities are located on, adjacent to or outside
the boundaries of the property being developed.
D.
Facilities
Impact Studies.
The City may require that a developer
prepare a comprehensive traffic impact study as required in Section
10.7.10, drainage study or other public facilities study to assist
the City in determining whether a proposed development will be supported
with adequate levels of public facilities and services concurrent
with the demand for the facilities created by the development. A study
shall identify at a minimum the adequacy of existing facilities and
the nature and extent of any deficiencies, and the capital improvements
needed to meet the adopted level of service assuming development at
the intensity proposed in the development application. The study shall
be subject to approval by the City Engineer. The City also may require,
at the time of approval of a subsequent development application, an
update of a public facilities study approved in connection with a
prior development application.
E.
Deferral
of Obligation to Dedicate and Construct.
The obligation
to dedicate rights-of-way for, or to construct one or more public
works improvements to serve a new development may be deferred until
approval of a subsequent phase of the subdivision, upon written request
of the property owner, or at the City’s own initiative. As a
condition of deferring the obligation, the City shall require that
the subdivider enter into a developer’s agreement, specifying
the time for dedication of rights-of-way for or construction of capital
improvements serving the development.
(Ordinance 797-2020 adopted 10/15/20)
A.
Determination.
Prior to a decision on an application for approval of a plat
or permit for which an exaction requirement is required as a condition
of approval, the City Engineer shall affirm that each exaction requirement
to be imposed as a condition of plat or permit approval is roughly
proportionate to the demand created by the development on the City’s
public facilities systems, taking into consideration the nature and
extent of the development proposed. In making this determination,
the City Engineer may consider the following:
1.
Categorical
findings and recommendations of the North Central Texas Council of
Governments in developing standard specifications for public works
improvements;
2.
The proposed
and potential use of the land;
3.
The timing
and sequence of development in relation to availability of adequate
levels of public facilities systems;
4.
Impact
fee studies, traffic impact studies, drainage studies or other studies
that measure the demand for services created by developments and the
impact on the City’s public facilities system;
5.
The function
of the public works improvements in serving the proposed subdivision
or development;
6.
The degree
to which public works improvements necessary to serve the proposed
subdivision are supplied by other developments;
7.
The anticipated
participation by the City in the costs of necessary public works improvements;
8.
The degree
to which acceptable private infrastructure improvements to be constructed
and maintained by the developer will offset the need for public works
improvements;
9.
Any reimbursements
for the costs of public works improvements for which the proposed
subdivision is eligible; and/or
10.
Any other
information relating to the impacts created by the proposed subdivision
or development on the City’s public facilities systems.
B.
Affirmation.
Based upon the proportionality determination, the City Engineer
shall affirm that the exaction requirements of this Ordinance or other
ordinance requiring the permit, as applied to the proposed subdivision
or development, does not impose costs on the applicant for public
works improvements that exceed those roughly proportionate to the
impact of the proposed subdivision or development.
C.
Additional
Information.
The City Engineer may require that the applicant,
at its expense, submit any information or studies that may assist
in making the proportionality determination.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
An applicant for an approval of a plat or permit which imposes
an exaction requirement as a condition of approval may file an appeal
to contest any exaction requirement, other than impact fees, imposed
as a condition of approval or in which the failure to comply is grounds
for denying the application.
B.
Purpose.
The purpose of a proportionality appeal is to assure that an
exaction requirement imposed on a proposed development as a condition
of approval does not result in a disproportionate cost burden on the
developer, taking into consideration the nature and extent of the
demands created by the proposed development on the City’s public
facilities systems.
(Ordinance 797-2020 adopted 10/15/20)
A.
Requirements
for Appeal.
An applicant seeking approval of a plat or
any other type of permit for which an exaction requirement is imposed
shall file a written appeal on a form provided by the City with the
City Secretary within ten (10) days of the date the Commission or
other City official takes action applying the exaction requirement.
The applicant shall submit eight (8) copies of the appeal. A separate
appeal form shall be submitted for each exaction requirement for which
relief is sought. The City Secretary shall forward the appeal to the
City Council for consideration.
B.
Postponement
of Action on Plat.
The applicant may request postponement
of consideration of the applicant’s plat application by pending
preparation of the study required by subsection D., in which case
the applicant shall also waive the statutory period for acting upon
a plat for the time necessary for the City Council to decide the appeal.
C.
Basis for
Appeal.
The appeal shall allege that application of the
exaction requirement is not roughly proportional to the nature and
extent of the impact created by the proposed subdivision or development
on the City’s public facilities systems and does not reasonably
benefit the proposed subdivision or development.
D.
Study Required.
Within thirty (30) days of the date of appeal, the applicant
shall submit to the City Engineer three (3) copies of a study in support
of the appeal that includes, with respect to each specific exaction
requirement appealed, the following information:
1.
Modeling
of the subdivision’s water, wastewater, roadway, drainage, or
park system, as applicable, from the point of connection to the existing
public system, employing standard measures of capacity and equivalency
tables relating the type of development proposed. Impacts on the existing
public system will be reviewed by the City to determine if system
upgrades are necessary. If the proposed subdivision is to be developed
in phases, such information also shall be provided for the entire
development, including any phases already developed;
2.
Comparison
of the capacity of the applicable City utility to be consumed by the
proposed subdivision or development with the capacity to be supplied
to such systems by the proposed exaction requirement. In making this
comparison, the impacts on the City’s public facilities systems
from the entire subdivision shall be considered;
3.
Comparison
of the capacity of the applicable City public facilities systems to
be consumed by the proposed subdivision or development with the capacity
to be supplied to such systems by the proposed exaction requirement.
In making this comparison, the impacts on the City’s public
facilities systems from the entire subdivision shall be considered;
4.
The amount
of any City participation in the costs of oversizing the public works
improvements to be constructed by the applicant in accordance with
the City’s requirements;
5.
Comparison
of the minimum size and capacity required by City standards for the
applicable public facilities systems to be utilized by the proposed
subdivision or development with the size and capacity to be supplied
by the proposed exaction requirement; and
6.
Any other
information that shows the alleged disproportionality between the
impacts created by the proposed development and the exaction requirement
imposed by the City.
E.
Evaluation.
The City Engineer shall evaluate the appeal and supporting study
and shall make a recommendation to the City Council based upon the
City Engineer’s analysis of the information contained in the
study and utilizing the same factors considered by the Engineer in
making the original proportionality determination.
(Ordinance 797-2020 adopted 10/15/20)
A.
Appeal Hearing.
After the applicant certifies to the City Secretary that all
evidence has been submitted, the City Secretary shall schedule the
appeal on an agenda of a meeting of the City Council, and notify the
applicant, at the address given on the appeal form, of the date and
place at which the Council will consider the appeal. The City Council
shall decide the appeal within thirty (30) days of the date of final
submission of any evidence by the applicant. The applicant shall be
allotted thirty (30) minutes to present testimony in support of the
appeal at the City Council meeting and may introduce other testimony.
The City Council shall base its decision on the criteria listed in
Section 10.3.3.A and Section 10.3.5.D.
B.
Action.
The City Council may:
1.
Deny the
appeal and impose the exaction requirement in accordance with the
City Engineer’s recommendation or the Commission’s decision
on the plat or other development application; or
2.
Grant the
appeal, and waive in whole or in part an exaction requirement to the
extent necessary to achieve proportionality; or
3.
Grant the
appeal, and direct that the City participate in the costs of acquiring
land for or constructing the public works improvement.
C.
Factors.
In deciding an appeal, the City Council shall determine whether
application of the exaction requirement is roughly proportional to
the nature and extent of the impact created by the proposed subdivision
on the City’s public facilities systems for water, wastewater,
roadway, drainage, or park facilities, as applicable, and reasonably
benefits the subdivision. In making such determination, the Council
shall consider:
D.
Additional
Information.
The City Council may require the applicant
or the City Engineer to submit additional information that it deems
relevant in making its decision.
E.
Modification.
The applicant shall not be deemed to have prevailed in the event
that the City Council modifies the exaction requirement.
(Ordinance 797-2020 adopted 10/15/20)
A.
Expiration
of Decision of City Council.
If the City Council finds
in favor of the applicant and waives the exaction requirement or modifies
the exaction requirement to the extent necessary to achieve rough
proportionality, the applicant shall resubmit the plat application
to the Commission within thirty (30) days of the date the City Council
takes action, with any modifications necessary to cause the plat to
conform to the City Council’s decision. If the applicant fails
to conform to the City Council’s decision within the thirty
(30) day period provided, the relief granted by the City Council on
the appeal shall expire.
B.
Decision
to Waive.
If the City Council finds in favor of an applicant
for any other permit and waives the exaction requirement as a condition
of permit approval or modifies the exaction requirement to the extent
necessary to achieve rough proportionality, the applicant shall resubmit
the permit application to the responsible official within thirty (30)
days of the date the City Council takes action, with any modifications
necessary to conform the application with the City Council’s
decision. If the applicant fails to do so, the relief granted by the
City Council shall expire.
C.
Denial of
Appeal.
If the City Council denies the appeal and the
applicant has executed a waiver of the statutory period for acting
upon a plat, the City shall place the plat application on the Commission’s
agenda for action within thirty (30) days of the City Council’s
decision.
D.
Additional
Dwelling Units.
If the plat application is modified to
increase the number of residential dwelling units or the intensity
of non-residential uses, the City Engineer may require a new study
to validate the relief granted by the City Council.
E.
New Appeal
Required.
If the plat application for which relief was
granted is denied on other grounds, a new appeal shall be required
on any subsequent application.
(Ordinance 797-2020 adopted 10/15/20)
An applicant may appeal the decision of the City Council to
the County or District Court of the county in which the development
is located within thirty (30) days of the date that the Council issues
its final decision.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
Under state law, each application for permit or plat approval
shall be processed pursuant to the regulations in effect at the time
of the application unless the applicant has applied for and obtained
a letter of recognition of vested rights for the permit or project
for which the permit is sought.
B.
Purpose.
The purpose of a vested rights recognition application is to
determine the regulations by which an application for approval of
a permit or plat is to be processed.
C.
Administrative official.
Chapter 245.
Permit.
Progress.
Project.
Vested right.
Definitions.
The following terms shall have the meanings hereafter ascribed
to them:
The City Manager, or the City Manager’s designated
representative, authorized to enforce and administer the terms of
this Ordinance.
Chapter 245 of the Texas Local Government Code, as may be
amended.
Has the meaning set forth in Texas Local Government Code
Chapter 245, as may be amended.
Has the meaning set forth in Texas Local Government Code
Chapter 245, as may be amended.
Has the meaning set forth in Texas Local Government Code
Chapter 245, as may be amended.
The right of a person to develop a project that complies
only with ordinances and other development regulations in effect on
the date a plan for development or the first application for the project
was filed with the City.
E.
Effect.
If recognition of vested rights is issued in whole or in part,
the Administrative Official shall issue a letter which shall specify
the regulations which apply to an application and the application
shall be processed in accordance with the regulations specified in
the letter. If the application for recognition is to prevent expiration
of an approved plat, the plat otherwise subject to expiration shall
be extended as provided in the letter.
F.
Types of
Vested Rights.
A person may claim vested rights under
common law, a federal or state statute, the state or federal constitution,
or Chapter 245. For vested rights claimed under Chapter 245, the definitions
of “permit” in Chapter 245 shall apply to applications
submitted pursuant to this Section.
G.
Exemptions.
This article shall not apply to the types of ordinances or other
governmental action enumerated in Texas Local Government Code Section
245.004 regardless of the effective date of this Ordinance or the
existence of vested rights for a project.
H.
Duration.
This Section and any letter of recognition issued hereunder
shall not extend the time of validity for any permit or project. Any
rights recognized by a letter issued pursuant to this Section shall
not extend beyond the expiration date prescribed by this Ordinance
for the permit(s) submitted for recognition.
I.
Application
Requirements.
1.
Filing.
A property owner or the owner’s authorized agent may submit
an application for recognition of vested rights with an application
for approval of a plat or building permit, or at any time for a plat
prior to its expiration date established by this Ordinance.
2.
Fee; Supporting
Documents.
The applicant shall submit a completed application
together with a permit application review fee in the amount established
by the City Council, and three (3) copies of any documents on which
the applicant is relying to establish vested rights.
3.
Form and
Contents.
The application shall state that the applicant
has a vested right for some or all of the land for which the permit
is sought under Chapter 245 or another statute, or other state or
federal law that requires the City to review and decide the application
under regulations in effect prior to the effective date of the currently
applicable regulations. The application shall include the following:
a)
The
name, mailing address, email address, phone number and fax number
of the applicant;
b)
The
name, mailing address, email address, phone number and fax number
of the property owner, if different than the applicant;
c)
Identification
of the property for which the applicant claims a vested right, including
a legal description of the exact boundaries of the property encompassed
by the project;
d)
A description
of the project for which the application is submitted, how the project
was commenced, and the date of commencement of the project;
e)
Layout
of the site, including locations of buildings, streets, utilities
and drainage facilities;
f)
Identification
of the original application for the first permit in the series of
permits required for the project, as described in Texas Local Government
Code Section 245.001(1) and Section 245.002(a) and (b), as may be
amended;
g)
The
date that the first permit in the series of permits required for the
project was filed with the city;
h)
Identification
of the regulations which the applicant contends apply to the project
and the specific parts of the project which are subject to vesting;
i)
A copy
of any prior recognition of vested rights by the City involving the
same land; and
j)
If the
applicant alleges that a plat subject to expiration under a City ordinance
should not be terminated, a description of the events, including any
plat or other development applications on file, that should prevent
termination.
4.
Complete
Application Required.
An application for recognition
of vested rights shall not be considered to have been filed with the
City until such time as the application is administratively complete.
To be administratively complete, the application must meet the following
requirements:
5.
Criteria
for Issuance of Letter of Recognition.
No letter of recognition
of vested rights shall be issued unless the applicant has demonstrated
compliance with the following criteria, as applicable:
a)
For
statutory vested rights:
(1)
The applicant filed an application for a permit as provided in Chapter
245 prior to adoption of the regulations against which vested rights
are claimed;
(2)
The regulations against which vested rights are claimed are not subject
to an exemption as provided in Texas Local Government Code Section
245.004; and
(3)
The project has not become dormant as defined in Texas Local Government
Code section 245.005; and/or
b)
For
recognition of vested rights under common law or the federal or state
constitution, the applicant is in compliance with any other factor
which may be required to establish vested rights under the state or
federal constitution.
J.
Processing
of Application.
1.
Review
and Determination.
The Administrative Official may require
the submission of additional evidence relevant to support the applicant’s
claim for recognition. Upon review of the application and evidence,
the Administrative Official shall make a determination as to whether
the applicant is entitled, in whole or in part, to recognition of
vested rights for a permit. If the evidence presented by the applicant
establishes that the permit for which approval is sought is part of
a project which is vested under Chapter 245, the Administrative Official
shall issue a letter of recognition of such rights. If the Administrative
Official finds that the applicant is not entitled to recognition of
vested rights, they shall notify the applicant of the basis for their
findings.
2.
Substantial
Change.
Where the Administrative Official determines
that the project for which the applicant seeks vested rights has undergone
a substantial change since its inception, recognition of vested rights
shall be denied. Examples of a substantial change include, but are
not limited to, modifications of the following characteristics of
a project:
a)
Gross
surface area or acreage;
b)
Gross
floor area;
c)
Gross
number of buildings;
d)
Density;
e)
Living
unit equivalents;
f)
Land
use classification;
g)
Impervious
cover or lot coverage;
h)
Drainage
pattern or volumes;
i)
Street
layouts;
j)
Additional
curb cuts or driveways; or
k)
Orientation
of buildings.
K.
Appeals.
1.
Filing.
The applicant may appeal the Administrative Official’s
decision on the application for vested rights determination to the
City Council. An appeal under this Section stays acceptance by filing
of any related development applications.
2.
Process.
The application for appeal shall be made in writing to the City
Secretary and shall state the basis for requesting the appeal. The
appeal shall be made within ten (10) days of the date of the letter.
The City Secretary shall schedule a hearing before the City Council
within thirty (30) days of the date the appeal is submitted.
3.
Appeal
of Council Decision.
A person dissatisfied with the decision
of the City Council may appeal the decision to a court within the
county in which the property is located. The person shall file the
appeal with the court within thirty (30) days of the decision of the
City Council. If no appeal is filed, the decision of the City Council
shall be final.
L.
Expiration.
1.
A permit
issued by the City that is subject to Chapter 245, but does not expressly
contain an expiration date, shall expire by operation of law two (2)
years after issuance. This Section shall not apply to permits pursuant
to which progress has been made toward the completion of the project,
as determined by Texas Local Government Code section 245.005(c), as
may be amended.
2.
A project
subject to Chapter 245 shall expire by operation of law five (5) years
after an application was filed for the first permit necessary for
the project. This Section shall not apply to permits for which progress
has been made toward the completion of the project.
(Ordinance 797-2020 adopted 10/15/20)
