Loading...
O63-11KENNEDALE ORDINANCE NO. 63-11 AN ORDINANCE REGULATING THE SUBDIVISION OR RE -SUBDIVISION OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY.OF KENNEDALE, TEXAS; PRESCRIBING IMPROVEMENTS TO BE MADE THEREON; PRESCRIBING PLANS TO BE SUBMITTED IN CONNECTION THEREWITH; REPEALING ALL ORDI- NANCES IN. CONFLICT HEREWITH; AND DECLARING. AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. Any person desiring to subdivide or -re- subdivide any tract of land within the corporate limits of the City of Kennedale, Texas, shall first submit a plat or pl.n of the proposed sub*ivision for approval by the City Council in accordance with the provisions of Article 974a, Texas Revised Civil Statutes of 1925, as amended. Said plat shall be filed with the City Secretary, and in addition to the information required by said Article 974a, it shall show the location and dimensions of all subdivided lots and the location of any utility easements therein, and in addition, said plat shall be accompanied by detailed plans, either in the form of draw- 1rgs or narrative descriptions, or both, or of contracts with respect thereto, showing the arrangements made by the developer or subdivider for the supplying of water and sewer service to said subdivision or addition. Section 2. The plat of any proposed subdivision or re -subdivision of any tr.ct of land within the corporate limits of the City of Kennedale shall require the written approval of both the City Planning and Zoning Commission and the City Council prior to the recordation of such plat in the office ofthe County Clerk of Tarrant County, and until suerapproval is obtained, no building permit shall be issued by the City for the erection of any building within such subdivision. No plat of a proposed subdivision shall be approved unless the City Planning and Zoning Commission and the City Council shall determine that the submitted plat conforms to the provisions of this ordinance, as well as any and all other applicable ordinances of the City of Kennedale, Texas, and that the arrangements made by the d veloper or sub- divider for water and sewer service to such subdivision are adequate to safeguard the health and safety of the community. Should any submitted plat of a proposed subdivision or re - subdivision be rejected by either the City Planning and Zoning Commission or the City Council, said Commission or said Council shall furnish to the person submitting such plat written reasons for its rejection. Section 3. All land hereafter subdivided or re -subdivided within the City of Kennedale shall be sub- divided or re-s bdivided according to plans providing for the dedication of public streets furnishing access to each and every lot in such subdivision or addition, an the streets, blocks and lots in any new subdivision or addition shall conform to abutting streets and lots. All streets in any new subdivision shall be at least fifty feet in width and shall not dead-end; any dedicated alley therein shall be not less than ten feet in width. All streets in new subdivisions shall be paved with a minimum of 11 inches of "hot -top" asphalt paving on, minimum of 7f inches of compacted gravel base, and shall be constructed with concrete curbs and gutters, and sh, 11 be made to connect with an existing paved thoroughfare of the City; provided, however, that in hardship cases the City Council can waive the requirement of paving, provided adequate gravel base is guaranteed, but in no event shall the requirement of curbs and gutters be waived. Section 4. All personsdesiring desiring to subdivide or re -subdivide{ tract of land within the corporate limits of the City of Kennedale shall be required to provide at their sole expense, without cost to the City and without reimbursement by the City of the subdivider or developer, all necessary street grading, sub -base, base, paving, curbs, gutters, storm sewer drains and other drainage structures and appurtenances required to service such tract as subdivided or re -subdivided, furnishing at their own cost an expense all materials, supplies, machinery, equipment, tools, superintendents, labor, insurance and other accessories and services necessary to complete the construction of said street improvements in accordance with plans preparedand submitted by the developer or sub- divider and approved by the City Engineer or other author- ized agent of the City of Kennedale. Prior to final approval of the plat of such proposed subdivision, the owner or owners, or the agents thereof, shall be required to give surety bond by a corporate surety, or deposit cash with the City Secretary in the total sum of the estimated cost of such street improvements, guaranteeing their completion in accordance with said approved plans. Section 5. All persons desiring to subdivide or re -subdivide a tract of land within the corporate limits of the City of Kennedale shall be required to maintain all streetimproverents in such new subdivision at their own cost, and without cost to the City, for a period of one year from the date of completion of said street improvements and their acceptance by the City, an upon such completion and acceptance, the owner or owners, or the agents thereof, shall be required to furnish to the City a good and sufficient main- tenance bond executed by a corporate surety in an amount equal to the total cost of said street _improvements and guaranteeing their maintenance for a period of one year from said date Section 6 All such persons desiring to subdivide or re -subdivide nd withi n the City shall provide at their cost, and without cost to the City, and without any reim- bursement by the City to such subdivider or developer, adequate and proper surface drainage for such subdivision or addition, so as to prevent any damage,, present or future, of whatever nature, to the public streets, the subdivision or addition and surrounding property, including all drainage easements reasonably necessary to provide the adequate an. proper surface drainage as aforesaid. All such person , prior to final approval by the City of any plat for a subdivision or re -subdivision of land, shall be required to execute and file with the City Secretary a written agreement to indemnify and save harmless the City from any and all judgments, claims, demands or causes of action of any nature whatever occasioned by or arising out of the inadequate or improper surface drainage of said subdivision or re -subdivision for a period of five (5) years from the date of approval by the City Council of the plat of sal subdivision or re -subdivision. Section 7. No plat for subdivision or re - subdivision of land within the City shall be hereafter approved unless and until plans submitted in connection with such plat guarantee that the deeicated streets in said subdivision or re -subdivision shall be properly surfaced as hereinabove set forth, and that each and every lot in said subdivision or re -subdivision shall be served with a public water supply and a public sanitary sewer main; provided, however, if the land is not rea- sonably available to an existing sanitary sewer main, the City Council may waive said requirement upon proper showing that adequate septic tanks shall be provided to comply with all applicable state, county and municipal health regulations. Section 8. After approval by the City Plarining and Zoning Commission and the City Council ofany plat for subdivision or re -subdivision of land within the City, such plat may be vacated only with the consent and approval of the City Council. Section 9. Upon approval of the plat of any subdivision or re -subdivision, and acceptance of the street improvements and surface drainage facilities therein by the City, title to said street improvements and surface drainage facilities shall be vested in the City in accordance with a dedication accompanying said subdivision, but nothing contained in this ordinance shall ever create any liability on the City of Kennedale for reimbursement of any portion of the cost expended by the subdivider or developer for paving, grading, curbs, gutters, sidewalks, saor sewer drains or other surface drainage facilities in said subdivision or re -subdivision. Section 10. Where the City Council of the City of Kennedale shall find upon hearing that extraordinary hardship may result from strict compliance with the policies set forth in this ordinance, such policies ,y be varied so that sub- stantial justice may be done and the public interest secured in a particular case, providing that such variation will not have the effect of nullifying the intent and purpose of this ordinance and the policies herein contained. Section 11. All ordinances and parts of ordi- nances in conflict herewith are expressly repealed, ut only to the extent of any such conflict. Section 12. Should any section, provision or part of this ordinance be declared to be unconstitional or void for any reason, such decision shall in noway affect t e validity of any other provision or part of this ordinance, the City Council hereby declaring that every section of • s ordinance, and every provision of each section, is an individual sectiari or provision. Section 13. This ordin from and after its passage. A.D. 1963, ATTRST: PASS nce shall take effect AND APPROVED this / / AdE-24:‘ ty Secretdry day of November, APPRacl,: May;KnaeTexas •