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HomeMy Public PortalAboutOrdinance No. 1063-06 08-22-2006 • ORDINANCE NO. 1063 -06 AN ORDINANCE AMENDING CHAPTER 74 OF THE RICHLAND HILLS CODE OF ORDINANCES ESTABLISHING REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDING FOR PROCEDURES; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL APPLY TO APPLICATIONS FOR PLAT APPROVAL; PROVIDING FOR ADEQUATE FACILITIES AND MINIMUM STANDARDS FOR PUBLIC FACILITIES AND FOR THE TIMING OF DEDICATION AND CONSTRUCTION OF PUBLIC FACILITIES; ESTABLISHING REQUIREMENTS RELATING TO ROUGH PROPORTIONALITY DETERMINATIONS FOR ALL PLAT AND DEVELOPMENT APPLICATIONS WHICH IMPOSE EXACTION REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES; ESTABLISHING PROCEDURES FOR APPEAL THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and • WHEREAS, the city has adopted regulations for the development and subdivision of land within the city which are codified as Chapter 74 of the Richland Hills Code of Ordinances; and WHEREAS, the city desires to adopt the completeness determination requirements provided in Senate Bill 848 relating to vesting of development applications; and WHEREAS, the city desires to assure both that development impacts are mitigated through contributions ofrights-of--way, easements and construction of capital improvements, and that a subdivision contribute not more than its proportionate share of such costs; and WHEREAS, the city council has held a public hearing with respect to the amendment of the Subdivision Ordinance as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Section 74-1 of the Richland Hills City Code is hereby amended by the addition of the following definitions: i W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page I • "City Planner means the person designated by the City Manager to perform the duties assigned to the City Planner herein or that person's designated representative. Exaction requirement means a requirement imposed as a condition for approval of a plat, preliminary plat, building permit, planned development district or other development permit application to: (1) dedicate an interest in land for a public infrastructure improvement; (2) construct a public infrastructure improvement; or (3) pay a fee in lieu of constructing a public infrastructure improvement. Plan for development means 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. • Plat means a preliminary plat, final plat, replat, short form (amending) plat, filing plat, record plat, or other plat established and provided for in this Ordinance. Public facilities system means with respect to water, wastewater, roadway, drainage or parks, the facilities owned or operated by or on behalf of the city to provide services to the public, including 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. Public infrastructure improvement means a water, wastewater, roadway, drainage or park facility that is a part of one or more of the city's public facilities systems." SECTION 2. Section 74-2 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-2. Purpose. (a) This chapter is designed and intended to achieve the following purposes and shall be administered so as to: (1) provide for the orderly, safe and healthful development of the area within the city and to promote the health, safety and general welfare of the W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 2 • community; (2) establish orderly policies and procedures to guide development of the city; (3) ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare and to ensure against dangers of fires, floods, erosion, landslides, or other such menaces; (4) provide streets that ensure safe, convenient and functional systems for vehicular and pedestrian circulation, to furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography and existing vegetation so that the natural beauty of the land shall be preserved. (5) assure adequate building sites; (6) require adequate recordation of ownership interests in land that is developed or is to be developed; and (7) require platting to obtain a building permit. (8) provide for the establishment of minimum specifications for construction . and engineering design criteria for public infrastructure 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; (9) preserve the natural beauty and topography of the city and to ensure appropriate development with regard to these natural features; (10) realistically and harmoniously relate new development of adjacent properties; (11) 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; (12) assure that new development adequately and fairly participates in the dedication and construction of public infrastructure improvements that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible; (13) help prevent pollution, assure the adequacy of drainage facilities, control • storm water runoff, safeguard the water table, and encourage the wise use W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 3 • 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 (14) 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) To carry out the purposes hereinabove stated, it is declared to be 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) Land must not be platted until proper provision has been made for adequate public facilities for roadways, drainage, water, wastewater, public utilities, capital improvements, parks, recreation facilities, and rights-of--way for streets. (d) 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. (e) 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." SECTION 3. Section 74-4 of the Richland Hills City Code is hereby amended by the addition of a semicolon at the end of Subsection (b) (5) and the addition of Subsection (c) which shall read as follows: "Sec. 74-4. Modifications and waivers. ...(b) (5) ; or (c) The city council finds it necessary to grant a waiver pursuant to Article IV." SECTION 4. Subsection (a)(1) of Section 74-33 of the Richland Hills City Code is hereby amended to read as follows: • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 4 "Sec. 74-33. Procedure summary. (a) . . (1) The subdivider may meet with the director of public works, city engineer and/or city manager or his duly authorized representative prior to preparation of a preliminary plat. If the developer is presenting a plan for development or an application, the City shall process the application in accordance with Section 74-59 hereof." SECTION 5. Division 1 of Article II of Chapter 74 of the Richland Hills City Code is hereby amended by the addition of the following section which shall be and read as follows: "Sec. 74-37. Filing date of plats. (a) The plat application shall be deemed filed with the City on the date that the city planner determines that the application and all supporting documents meet the requirements of this Ordinance and other applicable ordinances, except for any requested variances. This shall constitute the filing date. Thereafter, the plat shall be scheduled for review by the Planning and Zoning Commission. (b) The Commission shall review a plat and associated materials and shall, within • thirty (30) days of the filing date, approve, approve with conditions, or deny a plat application. If approved with conditions, the Commission shall state the conditions of such approval; or if denied, shall state reasons for denial. (c) If no action is taken within thirty days of the filing date, the plat is considered approved. (d) The action of the Commission shall be entered into the minutes of the meeting and kept on file in the Department of Planning. (e) The City Council shall act on the plat within 30 days after the plat is considered by the Planning and Zoning Commission. (fj A certificate, showing the submittal date and failure to take action on the plat within thirty (30) days of the filing date, shall be issued upon request. (g) Approval of a plat with conditions shall constitute disapproval until the conditions are met." • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 5 • SECTION 6. Section 74-56 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-56. Scope and purpose. (a) Prior to the official filing of a preliminary plat, the subdivider should avail himself of a copy of this chapter and should prepare a land plan of the proposed subdivision. The subdivider should submit ten copies of the land plan to the city planner or other administrative officer so designated by the city manager. Preparation and presentation of the land plan is not mandatory and no approvals, either tentative or final, will be given on land plans; however, their preparation is recommended as an economy measure. Unless the subdivider signs a statement that the conference is not intended to constitute an application, the city shall inform the applicant of any documents or information required to submit a complete application pursuant to Section 74-59 hereof. (b) The aim and purpose of the preapplication conference is to offer the developer or subdivider the background and experience of the city staff in the preparation of the preliminary plat. It is not the intent or policy of this chapter for city staff to do the planning or engineering for the subdivider, but rather to steer his efforts in to the most efficient and economical means of coordination with this chapter." • SECTION 7. Division 2 of Article II of the Richland Hills City Code is hereby amended by the addition of Sections 74-59 and 74-60, which shall be and read as follows: "Sec. 74-59. Completeness determination. (a) Every application for approval of a plat or plan for development submitted after the effective date of this ordinance shall be subject to a determination of completeness by the city planner. (b) No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this ordinance. For a determination of completeness to be issued, an application must include the following: (1) A completed application form signed by the owner or the owner's authorized agent; (2) Every item, study and document required by this ordinance or other applicable ordinances for the application being submitted; and • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 6 (3) Anon-refundable application submittal fee, as specified in the fee • schedule. (c) The city planner may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this ordinance. (d) A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this ordinance. (e) Not later than the tenth business day after the date an application for plat approval or a plan of development is submitted, the city planner shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this ordinance or other requirements have been submitted. A determination that the application is incomplete shall be mailed to the applicant within such time period by United States Mail or Certified Mail at the address listed on the application, or personally delivered to the applicant or the applicant's representative. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date the application was submitted. (f) An application for approval of a plat or plan for development filed on or after the effective date of this ordinance shall be deemed complete on the 11th business day after the • application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the city has mailed or delivered a copy of the determination as provided in subsection (e). (g) The processing of an application by any city employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant. Sec. 74-60. Expiration of application. (a) An application for approval shall be deemed to expire on the 45th day after the application is submitted to the city planner for processing if the applicant fails to provide documents or other information necessary to meet the requirements of this ordinance or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval must be submitted. (b) No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied." • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 7 • SECTION 8. Subsection (a)(1) of Section 74-80 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-80. Form and content of preliminary planning information. (a) Preliminary planning information shall consist of at least the following separate sheets: (1) A description of the proposed project including identification of all tracts and the proposed uses and their layout." SECTION 9. Subsections (a) through (d) of Section 74-81 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-81. Processing of preliminary planning information. (a) The city planner shall collect the prescribed fees for the city and shall check the preliminary data as to its conformity with the master plan, major street plan, land use plan, zoning districts and as to whether or not the information heretofore specified has generally been • submitted. The city planner shall make a determination of completeness of the application in accordance with Section 74-59. (b) After the city planner has determined that the application is complete, he shall forward one full size mylar and two full size prints of all preliminary engineering data to the city engineer. The city engineer shall check the engineering data for conformity with the standards and specifications contained or referred to in this chapter. (c) The city engineer for the city shall return his findings on the preliminary data to the city planner with his comments as to modifications, additions or alterations of the proposed preliminary plat for streets, drainage, water and sewer plans. The city planner shall make these comments available to the subdivider and the planning and zoning commission. (d) Within 30 days after the filing date, the planning and zoning commission shall make its recommendation for approval, disapproval, or tabling action of the preliminary plat. Failure to act within 30 days shall be deemed approval of the preliminary plat." SECTION 10. Subsection (g) and (h) of Section 74-101 of the Richland Hills City Code are hereby amended to read as follows: • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 8 • "Sec. 74-101. General requirements. (g) The subdivider shall make a formal application for approval of final plans at least 45 days prior to the date of the planning and zoning commission meeting at which the subdivider desires the final plat to be considered. (h) No application shall be or processed unless the city planner has made a determination that the application is complete in accordance with Section 74-59." SECTION 11. Subsections (a), (b) and (c) of Section 74-107 of the Richland Hills City Code are hereby amended to read as follows: "Sec. 74-107. Processing of final plat and construction plans. (a) Once the city planner has determined that the application for final plat approval is complete, and the final plat with construction plans, the required filing fees, executed application form and tax certificates have been submitted, the city planner shall check the plat as to its conformity with the city's comprehensive land use plan, thoroughfare plan, zoning districts, lot size requirements, subdivision and street names and other applicable city standards. • (b) The city planner shall forward a copy of the application to the city engineer who shall check the final plat for conformity with applicable engineering standards and specifications set forth in this chapter as well as with generally accepted engineering principles when not covered specifically herein. The city engineer shall return the plat to the city planner with his suggestions as to modifications, additions, alterations or other matters pertinent to the plat. (c) Within 30 days of the filing date, the planning and zoning commission shall act on the plat. The planning and zoning commission shall make a recommendation for approval or disapproval of the final plat. Failure to act within 30 days of the filing date shall be deemed approval of the final plat." SECTION 12. Section 74-151 of the Richland Hills City Code is hereby amended by the addition of the following subsections: "Sec. 74-151. Improvements required. (c) Land proposed to be subdivided must be served adequately by essential public • facilities and services, including water and wastewater facilities, roadway and pedestrian W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc pane q facilities, drainage facilities and park facilities. An application for a plat or development maybe denied unless adequate public facilities necessary to support and serve the development exist or prov>sron has been made for the facilities, whether the facilities are to be located within the property being platted or offsite. (d) It is necessary and desirable to provide for dedication of rights-of--way and easements for public works improvements to support new development at the earliest stage of the development process. (e) The city desires to assure both that impacts of new development are mitigated through contributions ofrights-of--way, easements and construction of capital improvements, and that a new development be required to contribute not more than its proportionate share of such costs. (f) Proposed public works improvements serving new development shall conform to and be properly related to the public facilities elements of the city=s adopted Master 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." SECTION 13. Section 74-152 of the Richland Hills City Code is hereby amended to read as follows: • "Sec. 74-152. Minimum standards; waiver. (a) The standards established in this ordinance for dedication and construction of public works improvements and infrastructure are based upon engineering studies and historical usages and demands by different categories of development. These regulations 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 Richland Hills. It is the intent of these regulations that no development occur 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) For each category of public infrastructure, a minimum standard of infrastructure, and in some cases, service level, has been developed based upon historic studies and construction projects of the city and other cities. These minimum standards take into consideration the soil conditions and topographic configuration of the city, the use and impact analyses of the North Central Texas council of Governments in developing standard specifications for public works installation, and other historical use and performance experiences of the city that reflect the minimum level of facilities and services that must be built to meet the health, safety and welfare of the citizens of Richland Hills. • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 10 (c) 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, wastewater, road, drainage or park facilities to serve a proposed subdivision, 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) 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 policy or other means adopted by the city. (e) The city council may grant a waiver in accordance with section 74-4 where specific topographic or other conditions make a waiver from these standards necessary in order to achieve the best overall design. (f) There is hereby adopted by reference and made a part of this chapter design standards and specifications which shall control the design, construction and installation of street paving, curbs and gutters, sidewalks, utilities and other public improvements required in this • chapter. All references to city design standards and specifications shall mean and include those standards and specifications, together with all exhibits, charts, drawings and diagrams appertaining thereto, which have been approved by the officials having jurisdiction and placed on file in the offices of such officials. Provisions not stated in this chapter will be regulated by the North Central Texas Council of Government Standard Specifications for Public Works Construction." SECTION 14. Division 1 of Article III of Chapter 74 of the Richland Hills City Code is hereby amended by the addition of Sections 74-156 and 74-157, which shall be and read as follows: "Sec. 74-156. Adequacy of specific facilities. (a) All lots to be platted shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. The city engineer shall be responsible for determining the approved means of water pressure and treatment. The city may require the phasing of development and/or improvements in order to maintain adequate water capacity. (b) All lots to be platted shall be served by an approved means of wastewater collection and treatment. The city engineer shall be responsible for determining the approved • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Pagel 1 means of wastewater collection and treatment. The city may require the phasing of development • and/or improvements in order to maintain adequate wastewater capacity. (c) 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. New subdivisions shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network. (d) Drainage improvements serving new development 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, the construction of off-site drainage improvements, or drainage impact fees in order to mitigate the impacts of the proposed subdivision. Sec. 74-157. Timing of dedication and construction. (a) The city shall require an initial demonstration that a proposed subdivision shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a planned development zoning district, or other overlay zoning district; or a developer's agreement; or an application for a preliminary or final plat. • (b) The obligation to dedicate rights-of--way for or to construct one or more public works improvements to serve a new subdivision may be deferred until approval of a subsequent phase of the subdivision, at the sole discretion of the city engineer, upon written request of the property owner, or at the city's own initiative. As a condition of deferring the obligation, the city may require that the subdivider include provisions in the developer's agreement, specifying the time for dedication of rights-of--way for or construction of public works improvements serving the subdivision." SECTION 16. Section 74-171 of the Richland Hills City Code is hereby amended by the addition of subsection (j) which shall be to read as follows: "Sec. 74-171. General requirements. (j) In the case of existing adjacent or abutting roads, the city may require that the entire right-of--way be dedicated and/or improved to the city's design standards, based upon factors including the impact of the proposed subdivision on the road, safety to the traveling public, conditions and life expectancy of the road, the impact of the proposed subdivision on • W:\Richland Hills\Ordinance\RH.Subdivision.010706.doc Page 12 other roads, the timing of this development in relation to need for improving the road, the impact • of the traffic on the road and city's roadway system as a whole." SECTION 17. The first sentence of Section 74-191 of the Code is amended to read as follows: "Sec. 74-191. General requirements. Subject to Article IV hereof, the developer shall be responsible for the acquisition of the following easements and widths:" SECTION 18. Subsection (a) of Section 74-195 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-195. Drainage easements. (a) Easements for storm drainage facilities shall be provide at locations containing proposed or existing drainage ways, in accordance with this Section and the provisions of Article IV hereof." • SECTION 19. The first sentence of Section 74-256 of the Richland Hills City Code is hereby amended to read as follows: "Sec. 74-256. General requirements. Drainage facilities shall be provided and constructed by the subdivider or developer in accordance with current design criteria adopted by the city and the city standard specifications for street and drainage construction and the following basic requirements, subject to the provisions of Article IV hereof." SECTION 20. That Chapter 74 (Subdivisions) of the Richland Hills City Code is hereby amended by the addition of a new Article IV which shall be and read as follows: "ARTICLE IV. ROUGH PROPORTIONALITY Sec. 74-290. Generally. (a) Prior to a decision by the planning and zoning commission or city official on a • application for plat approval or any other application for which an exaction requirement is W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 13 • approved as a condition of approval, the city engineer shall prepare a written statement affirming that each exaction requirement to be imposed as a condition of plat approval or permit approval >s roughly proportionate to the demand created by the subdivision or development on the applicable public facilities system of the city, taking into consideration the nature and extent of the development proposed. In making this determination, the city engineer may consider: (1) Categorical findings and recommendations of the North Central Texas council of Governments in developing standard specifications for public infrastructure improvements and storm water management; (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 both geometric and capacity oriented, drainage studies or other studies, fire protection, consumption and irrigation water needs, liquid water collecting disposal or standards that measure the demand for services created by developments and the impact on the city's public facilities system; (5) The level of service and functionality of both on-site and off-site of the public infrastructure improvements in serving the proposed subdivision or . development; (6) The degree to which public infrastructure 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 infrastructure improvements; (8) The degree to which acceptable private infrastructure improvements to be constructed and maintained by the applicant will offset the need for public infrastructure improvements; (9) Any reimbursements for the costs of public infrastructure 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) 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, do not impose costs on the applicant for public infrastructure improvements that exceed those roughly proportionate to the impact of the • proposed subdivision or development. W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page l4 (c) The city engineer may require that the applicant, at its expense, submit any information or studies that may assist in making the proportionality determination. Sec. 74-291. Rough proportionality determination. (a) The planning and zoning commission and city council shall consider the city engineer's report concerning the proportionality of the exaction requirements in making a decision on a plat application. The Commission and the city council may consider the city engineer's report in granting a variance to the requirements of this Ordinance. (b) The city official responsible for issuing a permit for which an exaction requirement is imposed as a condition of approval shall consider the city engineer's report concerning the proportionality of the exaction requirements in making its decision as to whether to grant the permit. Sec. 74-292. Rough proportionality appeal. (a) An applicant for a preliminary or final plat or for a 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 plat application pursuant to this Ordinance. • (b) The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a proposed plat or development as a condition of approval does not result in a disproportionate cost burden on the applicant, taking into consideration the nature and extent of the demands created by the proposed subdivision or development on the city's public facilities systems. Sec. 74-293. Appeals procedure. (a) An applicant for a preliminary or final plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the city secretary within 10 days of the date the planning and zoning commission or the city official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit 15 copies of the appeal. (b) 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. (c) The applicant may request postponement of consideration of the applicant's plat application pending preparation of the study required by subsection (f), 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. • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page I S (d) No developer's agreement may be executed by the city until the time for appeal • has expired or, if an appeal is filed, until the city council has made a determination with respect to the appeal. (e) The appeal shall state the reasons 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. (f) The appellant shall submit to the city engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: (1) Total capacity of the city's water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. 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) Total capacity to be supplied to the city's public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity . supplied by prior exaction requirements imposed on the development; (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 or development shall be considered; (4) The amount of any city participation in the costs of over-sizing the public infrastructure 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. • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 16 • (g) 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. Sec. 74-294. City council decision. (a) The city council shall decide the appeal within 30 days of the date of final submission of any evidence by the applicant. Upon receipt of notice from the applicant that all evidence has been submitted, the city secretary shall schedule a time and date for the city council to consider the appeal and shall cause the applicant to be notified at the address specified in the appeal form of the time, date and location at which the city council shall consider the appeal. (b) The applicant shall be allotted time, not to exceed 30 minutes, to present testimony at the city council meeting. The council shall base its decision on the criteria listed in sections 74-291(a) and 74-293(f) and may: (1) Deny the appeal and impose the exaction requirement in accordance with the city engineer's recommendation or the planning and zoning 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 infrastructure improvement. (c) 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: (1) The evidence submitted by the applicant; (2) The city engineer's report and recommendation, considering in particular the factors identified in sections 74-291(a) and 74-293(f); and (3) If the property is located within the city's extraterritorial jurisdiction, or adjacent to a state or county road, any recommendations from the county or state. (d) The city council may require the applicant or the city engineer to submit additional information that it deems relevant in making its decision. • Sec. 74-295. Action following decision of city council. W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 17 • (a) If the city council finds in favor of the applicant and waives the exaction requirement as a condition of plat approval, or modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the plat application to the planning and zoning commission or city official responsible for issuing the permit within 30 days of the date the city council takes action, with any modifications necessary to conform the plat with the city council's decision. Failure to do so shall result in the expiration of any relief granted by the City Council. (b) If the city council finds in favor of an applicant for any other permit and waives the exaction requirement as a condition of permit or zoning 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 30 days of the date the city council takes action, with any modifications necessary to conform the application with the city council's decision. Failure to do so will result in the expiration of any relief granted by the city council. (c) 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 agenda of the planning and zoning commission within 30 days of the city council's decision. (d) If the rough proportionality appeal was submitted appealing the imposition of an exaction requirement for a plat application, and city council grants relief to an applicant but the applicant fails to conform the plat to the city council's decision within the 30 day period • provided, the relief granted by the city council on the appeal shall expire. (e) 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. (f) If the plat application for which relief was granted is denied on other grounds, a new appeal shall be required on any subsequent application. (g) The applicant shall not be deemed to have prevailed in the event that the city council modifies the exaction requirement. Sec. 74-296. Appeal of city council decision. 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 30 days of the date that the council issues its final decision. In the event that the applicant prevails in such action, the applicant will be entitled to attorneys' fees and costs, including expert witness fees." SECTION 21. • The provisions of this Ordinance shall apply to all plans for development presented to the city. An applicant may appeal the imposition of a requirement to dedicate land, construct public W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 18 improvements or pay a fee in lieu of dedication or construction as a condition of approval of a plat or permit in accordance with the provisions of this Ordinance. SECTION 22. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the city as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 23. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 24. All rights and remedies of the city are expressly saved as to any and all violations of the • provisions of the Subdivision Ordinance, as amended, or any other ordinances affecting subdivision regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 25. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. PASSED AND APPROVED ON THI d DAY OF AUGUS 0 6. E HONORABLE DAVID GAN, MAYOR At est: ~~~~~a,u'~~N ` ~ i . h ' II\ SUTTER, CITY SECRETARY ~ =v r • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 19 • Approved as fo an legality: r i TIM G. SRALLA, CITY ATTORNE • • W:\Richland Hills\Ordinance\RH.Subdivision.070706.doc Page 20 INVOICE ~3~t o„ly Star-Telegram Customer ID: CIU08 400 W. 7TH STREET Invoice Number: 274103591 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 8/25/06 • Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31!06 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 27410359 RICHLAND HILLS, TX 76 1 1 8-623 7 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRIGHT Publication Date: 8/25/06 De~cri 'on '`Location_ Col, ,Depth.,,~Lina~e ;tVIU ,Rate.- Amount CITY OF RICHLAND HILLS ORDINAN I3580 1 64 64 LINE $0.53 $33.92 CITY of pRDINANCE INO 1063-06 AN ORDINANCE TER ND74 GOFC THE Net Amount: $33.92 RICHLAND HILLS CODE OF ORDI- NANCES ESTAB- LISHING REQUIRE- MENTS RELATING TO COMPLETE- NESS DETERMINA- TIONS FOR PLAT AND DEVELOP- MENT APPLICA- TIONS• PROVIDING PROVIDINGEDUTHAI` THE PROVISIONS OF THIS ORDI- NANCE SHALL AP- PLY TO APPLICA- TIONS FOR PLAT APPROVAL• PRO- _ „w VIDING FdR ADE- ' QUATE FACILITIES : ` CNRISTY L. HOLLAND AND MINIMUM ~ r STANDARDS FOR _ _ 'v1Y CQMMfSS10N EXPIRE. ANDLFOR THEITIM JUIy 3?. 20Cb ING OF DEDICATION ~ ytr; _ AND CONSTRUC- _.._-r-~:..-,.: _,»y..:..:_w:~.=e.~.::.___ TION OF PUBLIC FACILITIES• ESTAB- THE STATE OF TEXAS LISHING FfEQUIRE- County of Tarrant TON ROUGH~PRO PORTIONALITY DE- TERMINATIONS Before me, a Nota PUbIIC In FOR ALL PLAT AND y personally appeared Lisa Wesselman, Bid and Legal Coordinator rY DEVELOPMENT AP- Ind Stafe, t ' da PLICATIONS WHICH for the Star-Telegram, publish IMPOSE EXACTION m, Inc. at F Worth, in Tarrant C nty, Texas; and who, offer being duly sworn, did depose and say that the atta PROQ°VIDING E Foci Idvertis m nt was published in t above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM DEFINITIONS; PRO- ~ ti. VIDING FOR PRO- 817 390-7320 CEDURES; ESTAB- ( ) DURESG PRO OR pApPgqPppEAL THEREOF• THI3VIp0gDINANCE Id SHALL BE CUMU- LATIVE OF A L SUBSCRIBED AND SWORN TO o R n I N A N C ~ ~ : nesday, Au st 6. PROVIDING A SEV- ERABILITY CLAI$1SE; INGS CIAUGSE~ AND ry F'UbNC PROVIDING AiV EF- FECTIVE DATE. Thank You For Your Payment Rem1t To: Star-Telegram Customer ID: C1U08 P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 274103591 Invoice Amount: $33.92 PO Number: Amount Enclosed: