Loading...
HomeMy WebLinkAboutOrdinances (Ordinance O-20-2125)-07/21/2020ORDINANCE 0-20-2125 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 1, SECTION 1.17 - RESERVED OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 1, Section 1.17 - Reserved of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 1, Section 1.17 - Reserved of the Land Development Code is hereby amended to read as depicted in the attached Exhibit „A„ Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-20-2125 Page 2 of 2 Sec. 5. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. LND IT IS SO ORDERED. he first reading and public hearing being conducted on the 7th day of July 020. The second reading and public hearing being conducted on the 215t day of July 2020. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF JULY 2020. Mayor Richard Newton Ave Place 1, Tammy Nakamura Ave Place 3, Kathy Wheat Aye Place 4, George Dodson _Ave ATTEST:�� l� Christine Loven, TRMC City Secretary APPROVED AS TO -FORM: Whitt L. Wyatt City Attorney Mayor Pro Tern Bobby Lindamood Afire Place 5, Chuck Kelley Ave Place 6, Callie Rigney Aye CITYOFF CCOOLLEYVILLE Richard Newton Mayor Exhibit "A" Section 1.17 wed Development Expiration Dates The City is authorized under the Texas Local Government Code, Section 245.005 to adopt an ordinance providing for expiration of permits and development projects within the City. 1.17.A. Definitions The following words, terms and phrases, when used in this Section 1.17, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning: Development. Means the subdivision of land and/or the construction, reconstruction, conversion, or the structural alteration, relocation or enlargement of any buildings or structures that required site plan approval; and any use or extension of the use of land. The foregoing definition is intended to supplement the definition of the term development provided in Chapter 2 of this Land Development Code and should not be interpreted to limit or exclude any portion thereof. Dormant. With regard to an individual permit for a project, shall mean that no progress has been started towards completion of the project for a period of two years. With regard to a project in general, shall mean that no progress has been made towards completion of the project for a period of five years. individual Permit and/or Series of Permits. For the purposes of this Section, permit means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain from the City to perform an action or initiate, continue, or complete a project for which the permit is sought. All permits required for a project are considered to be a single series of permits. Preliminary plans and related subdivision plats, site plans, and all other development permits for land covered by the preliminary plans or subdivision plats are considered collectively to be one series of permits for a project. Person. An individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint interest, or any other legal or community entity. Proaress. Towards completion of a project shall include any one of the following: (1) an application for a final plat or plan is submitted to the City; (2) a good -faith attempt is made to file with the City an application for a permit necessary to begin or continue towards completion of the project; (3) costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located; (4) fiscal security acceptable to the City is posted with the City to ensure performance of an obligation required by the City; or (5) the utility connection fees and impact fees for the project have been paid to the City and/or applicable regulatory agency. Project. Means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. 1.17.B. Application and Administrative Review An application for a plat or plan under this Section 1.17 is not considered filed and/or submitted until the date upon which the City has determined the application is administratively complete. An application for a project permit under this Section 1.17 is not considered filed until the date upon which all information and documentation required upon filing has been delivered to the City. 1.17.C. Permit Application Expiration An application for a project permit under this Section 1.17 expires on the 45th calendar day following the date the application is filed if it is determined by the City's department responsible for issuing the permit that the applicant has failed to provide all information and/or documentation necessary to determine the application complete; provided that, the City has, not later than the loth business day following the filing of the application, sent the applicant written notice identifying the information and/or documentation required to complete the permit application. 1.17.D. Development Permit Expiration An individual permit for a development project shall become dormant and expire if, for a period of two years subsequent to the original permit application being filed with the City, no progress is made towards starting completion of the project. Should any other provision of this Land Development Code or applicable law provide a shorter expiration period for a particular permit, the law providing for the shorter expiration period shall apply notwithstanding this subsection. 1.17.E. Development Project Expiration A development project shall become dormant and expire if, for a period of five years subsequent to the first application for a permit being filed with the City and construction started, no progress has been made towards completion of the project. 1.17.F. New Permit Application Required Upon a permit expiring pursuant to this Section 1.17, any person seeking to initiate, continue, or complete a project for which an expired permit is required, shall be required to file a new permit application with the City and shall be subject to all policies, rules, ordinances and laws in effect at the time the new permit application is filed.