HomeMy WebLinkAboutOrdinance No. 2008-10 ('Title: An ordinance amending the subdivision regulations of the City to authorize the
approval of plats of certain subdivisions that do not include all of the parent tract being
divided, to provide for partial plat approval, to amend exemptions to the platting
requirement, and to update definitions.)
ORDINANCE NO.2008-10
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 2000-01, AS AMENDED, ORIGINALLY ADOPTED THE
17TH DAY OF DECEMBER, 2000, BEING APPENDIX B OF THE
FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE PROVIDING i
RULES AND REGULATIONS GOVERNING PLATS AND THE SUBDIVISION
OF LAND, BY AMENDING SUBSECTIONS (b), (d) AND (e) OF SECTION 1
THEREOF TO AUTHORIZE THE APPROVAL OF PLATS OF CERTAIN
SUBDIVISIONS THAT DO NOT INCLUDE ALL OF THE PARENT TRACT
BEING DIVIDED, TO PROVIDE FOR PARTIAL PLAT APPROVAL, TO
AMEND EXEMPTIONS TO THE PLATTING REQUIREMENT, AND TO
UPDATE DEFINITIONS; PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION
HEREOF; AND PROVIDING FOR SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. City of Friendswood, Texas, Ordinance No. 2000-01, as amended,
I
originally adopted the 17th day of December, 2000, same being Appendix B of the Friendswood
City Code, same also being an ordinance providing rules and regulations governing plats and the
subdivision of land, is hereby amended as set forth below. Words being deleting are indicated by
brackets, with strike-through, as follows: "[deleted]." Words being added are indicated by
underline, as follows: "underline."
A. Appendix B, Section I (b) is hereby amended as follows:
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b. Plat approval required.
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1. It shall be unlawful for any person to subdivide any tract, lot, or parcel of
land within the City of Friendswood or its extraterritorial jurisdiction unless and
until a preliminary and final plat of such subdivision has been approved, or an
exemption satisfied, in accordance with the terns of this ordinance. Unless and
until a preliminary and final plat, amending plat or replat of a subdivision shall
have been first approved in the manner provided herein by the commission or an
exemption satisfied, it shall be unlawful for any person to construct or cause to
be constructed any street, utility, facility, building, structure, or any other
improvement on any lot, tract, or parcel of land within such subdivision except as
specifically permitted herein.
2. No building, plumbing, electrical or mechanical permit shall be issued by
the city for the construction [or- repair] of any structure on a lot or tract in a
subdivision for which a final plat has not been approved by the commission and
filed for record or certificate of exemption issued. No site plan shall be
approved_by the city for the construction of any structure on a lot or tract in
a subdivision for which a preliminary plat has not been approved by the
commission, or certificate of exemption issued. No building, plumbing,
electrical, or mechanical permit shall be issued by the city for the construction or
repair of any structure on a lot or tract in a subdivision in which the permanent i
public improvements have not been approved and accepted by the city.
I
3. Large Tract Division. A division of land under Section I(b)(1) does
not include a division of land into parts greater than five acres, where each
Part has access and no public improvement is being dedicated. Access shall
be satisfied by compliance with Appendix B, section III (b)(1)(a). Upon
request by the owner of a tract resulting from this division who qualifies, the
City must issue a certificate of exemption certifying that the division meets
this exception.
4. Partial Plat Approval. Notwithstanding section 1(b)(1), a subdivision
plat need not include all of a tract being divided if:
(a) (i) The portion of the tract being divided but not included
within the plat boundaries is not intended to be a part of the
development reflected in the proposed plat; or,
(i) If some or all of the portion being divided but not included
within the plat boundaries is intended to be a part of the
development reflected in the proposed plat, then such part may
be platted in a subsequent phase of the development, provided
the person dividing the property submits a conceptual plan
pursuant to Appendix B, section 2(a) that meets with City
approval,• and,
(b) The tracts being divided:
Ord.2008-10 2
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1 t
each have access that complies with Appendix B, section
III(b)(1)(a); and
ii each are greater than five acres in size; and,
,(c) Excluding the portion of the tract being divided but not
included within the plat boundaries will not substantially alter or
impede any pending or anticipated development; and,
The boundaries of the portion of the tract not included within
the plat are depicted and identified on the plat of the subdivision by
dashed lines as provided for by Appendix B, section II (b)(2)(c)(2),
and with a notation thereon indicating that development of such tract
is contingent upon a subdivision plat thereof being filed and approved
by the City,if such plat is required; and
(e) The plat application includes an acknowledgement, executed
by the owner of the tract being divided, confirming that development
of the portion of the tract not included within the plat boundaries
would be contingent upon a subdivision plat being filed and approved
by the City, if such plat is reauired, in accordance with the rules and
regulations of the City governing plats and the subdivision of land in
effect at the time the application for plat approval for such portion is
sought; and
Mf The general purposes of this Appendix will be served without
the necessity of including such tract within the boundaries of the plat.
5. Upon request by the owner of the tract resulting from a division
under 4(a)(i) that is not intended to be a part of the development reflected in
the proposed plat, and who qualifies, the City must issue a certificate of
exemption certifying that the division meets this exception.
B. Appendix B, Section I(d) is hereby amended as follows:
d. Exemptions : The provisions of these subdivision regulations shall
not apply to:
1. Annexed and Consolidated Areas. Land legally platted
and approved prior to the effective date of the City of
Friendswood's subdivision regulations with frontage on an
existing, improved public street and with all utilities and public
infrastructure needed to serve the land, or;
2. In-Fill Tract. Land constituting one or more,
contiguous tracts with total acreage of less than rive acres with
frontage on an existing, improved public street and with all
i utilities and public infrastructure needed to serve the land, for
which a legal deed of record describing the boundary of said
Ord.2008-10 3
tract or parcel was filed of record in the deed records of the
county clerk of the appropriate county on or before the
effective date of this ordinance.
3. Upon request by the owner of a tract who qualifies for
an exemption under d(1) or (d)(2) above, the City must issue a
certificate of exemption certifying that the division meets this
exception.
I
r 1 Land legally platted and a wed prier to the eFf efiye date
F these Subdivision regulations vM F.e«tage on an appreved—
publie street, w.et as r..v:ethese .. .hided herein (eonst&aetio e,F
F„e:l:ties shall ve..hFe.w.... to the a e«t design er:ter:a : eff et at the
time of eemApaetion) or; rs:el
L T a..d P.Rn..4:4..4:.+.. ..la «tie..a 4«a a4 Ora e4e ,:4h
1
f e..h
f.ew.tage an an approved ....hl:e street for yAiieh a legal deed eF
reeerd deser:h:..g the he...hdar-y of said trae4 or parse! . s !Filed o
reeerd in the deed r ards of the e .„t., elerL of the appropriate
.rAy on r he f re Ta.. 1 7/7
, 1 9
3. Sales of traets of land by metes and he...hds or- traet on
which n imprevemei4s
a alterations dividing the original tract :
eeeuning'
1 Q Divisions of land a Bated by order of a ee..«4 of eompete..4
jurisdietiOn.
5. Subdiyis:en development ghat:s exempt by state 1e....
6. 1✓..:stiag t«vets with approved publie infrastmet..re and the
use doesn't ehange or expand.
7 Emisting develeped traets of land ...:4h existing building or
ether privateimprovements, wh. ere ..hsta.. .t tial . n ffiedifieations are proposed that m4li have no additiaiqad iffipaet on
the—adeEluaey effexisting publie in4astraeture. The existing
developed ♦resets shall have fie.htage an a publ:e or pfivate street
a the public inftastruetwe shall he readily a:lahle and
(a) D..hl:e h .aterl:..es that provide s..FF:eie«t domestie
water and fire prateetio for the r seal and existing
3rolcixxcixss
/1.\ D.hhlie sanitary sewer eelleetien system of s..Ftie:e.ht
size to d 4.. ♦ha effluent from propowheel ..d
e)Eisfing improvements.
(e) r-ivate streets, withxisting
:..:.......„ required right of way, able to aeee., modat
Ord.2008-10 4
tfi:e gexemted by the proposed and existing
irxpr ts-.
and existing improvements.if platgag is not 1
required,
eiEe...Tfie prior to issuing 1...:1.7:«.. « .•...:t .. ..:te «l..«
approval.]
C. Appendix B, Section I (e) Definitions is hereby amended and subsections renumbered as
follows:
e. [Definitions] : The following definitions shall apply in the interpretation and the enforcement
of this ordinance. The terms not defined herein shall be construed in accordance with the
ordinances of the city or their customary usage and meaning in municipal planning and
engineering practices.
15. In-fill Tract: An in-fill tract is defined as any vacant tract or tracts of land that can be
developed for the use for which they are zoned, and which are surrounded by, or adiacent
to, existing developed property.
16. 4-5-. Lot : A physically undivided tract or parcel of land having frontage on an accessway
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 subdivision plat which has been properly recorded.
17. 46. Preliminary plat : A map or drawing of a proposed subdivision prepared in accordance
with the provisions of this ordinance and which illustrates the features of the development for the
purpose of review and preliminary approval by the commission.
18. 4q-. Private streets : A right of way or accessway, meeting all requirements of public
streets, except owned and maintained by private interests.
19.4-8-. Public sidewalk: Minimum four-foot concrete paved walkway located within the public
right-of-way, or easement dedicated for public use, which provides continuous pedestrian access
to adjacent land. Sidewalks shall be continuous across driveways, and where they meet a streett
intersection, crosswalks are to be ADA accessible and clearly marked with contrasting paving
materials or painted striping.
20. 4-9-. Public streets : A public right-of-way, dedicated for public use, which provides
vehicular and pedestrian access to adjacent land. Included within this definition are following
general classification of streets:
(a) Major thoroughfares or arterial streets : Principal traffic arteries more or less
continuous across the city and which are intended to connect remote parts of the city and
which are used primarily for fast or heavy-volume traffic.
(b) Collector streets : Streets which carry traffic from minor streets to the major system
of arterial streets and highways; said street may service commercial or industrial areas.
Ord.2008-10 5
(c) Minor streets : Streets which are used primarily for access to the abutting properties
and which are intended to serve traffic within a limited area.
(d) Boulevard : A collector street utilizing two 22-foot, minimum width, paved
roadway sections divided by a 12-foot-wide lane with raised median, which serves to
separate traffic moving in opposite directions.
21. 20-. Subdivider andlor developer : The terms "subdivider" and "developer" are synonymous
and are used interchangeably, and shall include any person, partnership, firm, association
corporation and/or any officer, agent, employee, servant and trustee thereof, who does, or
participates in the doing of, any act toward the subdivision of land within the intent, scope and
purview of these regulations.
22. 24- Subdivision or subdivide : The division of any lot, tract or parcel of land by plat, map
Tr description into two or more parts, lots or sites for the purpose, whether immediate or future,
of sale, rental or lease, or division of ownership. Any dedication and the laying out (or
realignment) of new streets, or other public accessways, with or without lotting, is a subdivision.
This definition also includes the resubdivision and replatting of land or lots which are part of a
previously recorded subdivision. An "addition" is a subdivision as defined herein. The term
"subdivision" or "subdivide" includes the division of land whether by plat or by metes and
bounds description, and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
23. 2-2 Title certificate : A certificate prepared and executed by a title company authorized to
To business in the State of Texas or an attorney licensed in the State of Texas certifying the true
owner or owners of the property and describing all encumbrances of record which affect the
property. Such certificate shall include all property included within the platted area, and such
certificate shall not have been executed more than 45 days prior to the submission of same to the
commission.
24. Tract: A lot or parcel of land, however denoted, fee simple title to which is owned
by a person or persons by virtue of one or more deeds or other instruments. Multiple
parcels of land described in a deed or other instrument are, despite being included in a
single deed or other instrument, separate parcels of land if such parcels are described b�
separate, complete legal descriptions therein."
Section 2. Any person who shall willfully, intentionally, or with criminal negligent
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute
a separate offense.
Section 3. In the event any clause phrase,provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
Ord.2008-10 6
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of an
such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
PASSED AND APPROVED on first reading this 5t" day of May,2008.
PASSED, APPROVED, and ADOPTED on second and final reading this 19th day of
May,2008.
j
David J. . S th
Mayor
ATTEST
* fR�EvL
AO aye.
00
V � O
De oris McKenzie, TRMC #
City Secretary
lqr� OF +�
Ord.2008-10 7