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ORDINANCE NO. 35--17
AN ORDINANCE PROVIDING FOR DEVELOPERS FEES REGULATIONS;
DEFINING TERMS; PROVIDING FOR EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
ARTICLE I
Section 1. Purpose
The purpose of this ordinance is to provide for the
orderly, safe and healthful development of the area both
within the City and within its extraterritorial jurisdiction
and to promote health, safety, and general welfare of the
community.
ARTICLE II
Section 2. Definitions
For the purpose of this ordinance, certain words or
terms applicable hereto are defined as hereinafter provided.
Words and terms used in this ordinance, but not defined in
this ordinance shall have the meanings ascribed thereto in
the Ordinances of the Kennedale City Code.
Development: Any activity that requires the filing of a
final subdivision plat, or first increment thereof, excluding
a one lot replat.
Escrow: Money placed in the possession of the City to
accomplish the purpose set out in this ordinance, including,
but not limited to, the following: purchase of right -of -way,
design and construction of drainage facilities, curb, gutter
and pavement.
Street, Unimproved: Any street proposed to be
constructed as part of a development or an existing street
without concrete curb and gutter, but not including state or
federal highways.
Street, Internal Any street whose entire width is
contained within a development.
Street, Perimeter any street which abuts a development
or one whose width lies partly within a development and
partly without.
ARTICLE III
Section 3.01 Streets, General Requirements
The following general requirements are to be applied in
any subdivision that involves one or more streets of any
classification.
a. The streets o
to the general intent
insure adequate access
at least two planned
that cul -de -sacs shall
approved plan.
f a proposed subdivision shall conform
of the approved Thoroughfare Plan. To
to each subdivision, there should be
points of ingress and egress, except
be permitted in conformity with said
b. The proposed streets for a subdivision shall be
appropriate for the particular type of development proposed.
Proposed streets for a subdivision shall be effectively
related to the present and future street system and
development of the surrounding area. Any proposed streets
shall provide for appropriate continuation or completion of
any existing streets, whether constructed or dedicated, which
project to the limits of a proposed subdivision, unless
otherwise approved by the Planning & Zoning Commission.
Appropriate provisions shall be made for access to adjoining
unsubdivided land.
C. Proposed streets for a subdivision shall be
effectively related to the present and future street system
and development of the surrounding area. Any proposed
streets shall provide for appropriate continuation or
completion of any existing streets, whether constructed or
dedicated, which project to the limits of a proposed
subdivision, unless otherwise approved by the Commission.
Appropriate provisions shall be made for access to adjoining
unsubdivided land.
d. All streets should be planned so that all resulting
lots shall be of sufficient size and shape to conform to
applicable zoning regulations.
Section 3.02
Streets, Design Construction Costs and
Escrow Requirement
a. The owner shall be responsible for the design and
construction of all streets within his development and one -
half of same if an unimproved perimeter street.
b. The owner shall construct all internal and perimeter
streets at the time of development unless, from an
engineering standpoint, it is not feasible to do so. Upon
such determination, the owner shall be required to place an
amount equal to his share of the construction costs plus six
percent (6 %) of such sum for future engineering costs in cash
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escrow with the City. The time and method of such payment
shall be as provided in this ordinance.
C. In the event that a perimeter street is already
improved, the developer will be responsible for a pro rata
participation under paragraph "d" below.
d. The responsibilities of the owner relative to
perimeter streets, shall not exceed a linear footage
requirement equal to the square root of the area of the
property expressed in feet. In the event the property is
bound by more than one unimproved perimeter street, such
formula shall apply to each such street. A total waiver of
perimeter street responsibility is not within the
contemplation of these rules and regulations.
Section 3.03 Participation and Escrow
a. The obligations and responsibilities delegated to
the owner herein shall become those of the owner's
transferees, successors and assigns; and the liability
therefore, shall be joint and several.
b. For the purposes of this Section, the first step of
"Developing" is the submission of a preliminary plat or the
submission of a final plat, as the requirements thereof may
be.
C. Payment of funds required to be placed in escrow
shall be made after the final plat is approved by the
Commission and before filing same, or the first increment
thereof as the case may be, in the Plat Records of Tarrant
County, Texas. In lieu of such payment at such time, owner
may contract with the City and shall agree in such contract
that no building permit shall be issued for any lot included
within said plat, or increment thereof, until the full amount
of said escrow is paid, or a pro rata part thereof for the
full increment if developed incrementally. The amount of
escrow required shall be the market value of the construction
as determined by the mutual agreement of the engineers for
the developer and engineers for the City. Said escrow funds
shall be placed in an interest bearing account of the City's
choosing. Any such determination regarding the amount of
escrow to be paid hereunder shall be made as of the time the
escrow is due hereunder, or as of the time of the entering of
such contract, whichever comes first. If no construction
work has begun for said development within 5 years of the
date of the deposit of the escrow funds then the developer
can apply for and receive a refund of the escrow plus
interest at the rate of % perannum that has accrued in
said escrow account less any bank charges or maintenance
fees.
N
Section 3.04 Ownership and Maintenance
a
All street paving constructed in connection with the
subdivision or new development within dedicated public right -
of -way shall be and shall remain the property of the City
and, after expiration of the maintenance bonds, shall be
maintained by the City. Maintenance bonds shall be required
for a period of two years after completion of street.
ARTICLE IV
Water and Sanitary Sewer Requirements
Section 4.01 Basic Policy
Subdivisions within the City of Kennedale and its
extraterritorial jurisdiction shall be provided with an
approved water supply and distribution system and with an
approved sewage collection and disposal system. Connection
with the City's sanitary sewer system shall be required
except where the City Administrator determines that such
connection will require unreasonable expenditures when
compared with other methods of sewage disposal.
a. The owner shall pay all costs attributable to the
installation of water and sewer facilities as ar needed to
fulfill the basic criteria requirements of the City for
service within his subdivision.
b. All subdivision extensions shall be covered by a
written and executed agreement of form prepared or approved
by the City Attorney which clearly defines the scope and
details of the proposed extension and particularly contains
the Owner's Agreement to abide by all regulations of the City
and to deliver to the City clean and unemcumbered title to
all the proposed improvements at the time of acceptance by
the City, which must be prior to commencing service.
Section 4.02. Basis of Extension
Where extensions of water and sanitary sewer systems are
required to serve property which is to be subdivided or
platted for development by a developer, water and sanitary
sewer facilities may be extended to such properties on the
following basis and in accordance with minimum standards and
procedures described below.
a. Plan to be approved: It shall be unlawful for any
person to provide water and sewerage service to any lot, or
plot of land, tract or any part thereof unless and until such
plan, plat, or replat of such lot or tract of land has
conformed to the platting requirements of the City, has been
approved by the Planning and Zoning Commission and has been
filed for record with the County of Tarrant.
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Before consideration of a final plat by the Planning and
Zoning Commission, owners of the tract or subdivision shall
submit to the City Administrator, for his approval, a map or
plat showing the location of water and sanitary sewer mains
which will be required to insure adequate service and fire
protection for the lots specified in such proposed tract or
subdivision.
b. Extensions within or adjacent to property to be
developed: Developers of such property will defray the entire
cost of water and sanitary sewer systems within their
subdivision, except that the City will refund the oversize
cost of any main larger than six inches (6 ") in size, unless
a larger size is required to serve the subdivision in
question.
Should a lift station and /or force main be required to
utilize a provided offsite service location, such lift
station and /or force main shall be installed at the
developers cost. When a treatment plant is necessary to
serve a development or any part thereof, the developer is to
provide, at no cost to the City, the sewage treatment plant,
all weather access facilities and initial power supply.
C. Offsite Extensions: Where water and /or sanitary
sewer facilities are not available to a tract to be
developed, the developer will pay for such facilities to the
subdivision property line.
Section 4.03 Fees Due City for Existing Mains
Stations
a. When an existing water or sanitary sewer main lies
in a street, alley or easement in or adjacent to an area or
tract of land to be subdivided and developed, the developer
shall pay to the City the applicable pro rata charge for the
water main and sanitary sewer main before extensions from or
connections to such line or lines are made. The amount
required shall be the market value of the construction as
determined by the City Administrator.
Section 4.04. Ownership and Maintenance
All water and sewer systems constructed in connection
with the subdivision or new development within dedicated
public right -of -way shall be and shall remain the property of
the City and, after expiration of the maintenance bonds,
shall be maintained by the City. Maintenance bonds shall be
required for a period of one (1) year after completion of
water and sewer system.
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ARTICLE V
This Ordinance shall be in full force and effect from
and after the date of its passage.
PASSED IN OPEN SESSION of the City Council of the City
of Kennedale, Texas, on the 9th day of May' ,
1985.
ATTEST:
A "�' ' - '
CITY ECRETARY L.
APPROVER I AS TO F
C19Y`F - ATTORNE
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