AN ORDINANCE AMENDING CHAPTER 10 "EXHIBIT A" (SUBDIVISION ORDINANCE) OF THE BASTROP CITY CODE SECTION 4.40 ADMINISTRATIVE PROCEDURE; REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessary to maintain ordinances in compliance with state statutes, and
WHEREAS, it is the intent of the City Council to facilitate the orderly and proper development of property within the City's jurisdiction, it is necessary to amend the Subdivision Ordinance to clarify the "Administrative Procedure" available to developers, under certain limited circumstances, who are seeking to subdivide property within the City's jurisdiction.
NOW THEREFORE, be it ordained by the City Council of the City of Bastrop, Texas, that:
Part 1:That Section 1, General, of the Subdivision Ordinance (Chapter 10, "Exhibit A") of the Bastrop City Code of Ordinances be amended to read as follows:
These regulations shall govern every person, firm, entity, association or corporation owning any tract of land within the corporate limits or extraterritorial jurisdiction of the City of Bastrop who proposes to:
1.Divide the tract into two (2) or more parts for the purpose of:
- Laying out any subdivision of land or any addition to the City, or
- Laying out suburban lots, building lots, or any lots, streets, alleys, parks or other portions of property intended for public use, or
- Using lots fronting thereon or adjacent thereto, by purchasers [or] owners of such lots or property.
2. Modify any instrument previously adopte for any of the purposes noted herein.
There are three types of processes available through the City by which one may subdivide or modify prior subdivisions. They are:
1. Standard - Generally applicable for initial platting and modifications of plats when any parcel is less than five acres in size;
2. Short form - Generally applicable for initial platting and modifications of plats where not more than 6 lots are created and other criteria set by the City are met; and,
3. Administrative - Generally app! cable for initial platting and minor modifications where no
more than four (4) lots are involved and other criteria set by the City are met.
Part 2: That Section 4.40 of the Subdivision Ordinance (Chapter 10, "Exhibit A") of the Bastrop City Code of Ordinances be amended to read as follows:
4.40 ADMININSTRATIVE PROCEDURE
4.40.1 General
A. The administrative procedure may be followed for the approval of an Amending Plat, replat or a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements in accordance with Local Government Code Section 212.0065:
- amending plats described by Section 212.016;
- minor plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
(3) a replat under Section 212.0145 that does not require the creation of any new street or the extension of municipal facilities.
B. The City Council hereby delegates approval authority as per Local Government Code Section 212.0065 to the Director of Planning and Development.
4.40.2 No Changes.
4 40.3 No Changes.
4.40.4 Appeal Process: Applicants may appeal administrative decisions denying their proposed plat to the City Council by filing a request for such appeal with the Planning Director on or before the 30th day following the date of administrative denial.
4.40.5 No Changes.
Part 3:All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.
Part 4:This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas.
READ and APPROVED on First Reading on the 8th day of April, 2008.
READ and ADOPTED on Second Reading on the 22nd day of April 2008.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
