HomeMy WebLinkAbout(0069) 10.31.2019 HB3167 Subdivision amnd Final draft.ram 10.31.2019.PDF10/31/19
ORDINANCE NO.
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF
THE CITY OF FORT WORTH, CODIFIED AS CHAPTER 31
"SUBDIVISION ORDINANCE" OF THE CODE OF THE CITY OF FORT
WORTH, TO AMEND ARTICLE I, "PLAN COMMISSION", AMEND
ARTICLE II, "DEVELOPMENT REVIEW COMMITTEE", AMEND
ARTICLE III, "PLATTING", AND AMEND ARTICLE IV,
"SUBMISSION AND REVIEW PROCESS", TO CONFORM TO HB 3167;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE
DATE.
WHEREAS, on September 12, 2006, the City Council of Fort Worth adopted
Ordinance Number 17154 which combined the Subdivision Regulations of Chapter 31 of
the City Code and the Plan Commission Rules and Regulations into one revised
subdivision ordinance adopted by the City Council as Appendix C, "Subdivision
Ordinance" to the City Code; and
WHEREAS, on October 30, 2007, the City Council adopted Ordinance Number
17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced
with the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C;
and
WHEREAS, the 86th Legislature of the State of Texas passed HB 3167 which
was signed by Governor Abbott on June 14, 2019, with an effective date of September 1,
2019 (the "Act"); and
WHEREAS, the Act amended Chapter 212, "Municipal Regulation of
Subdivisions and Property Development," of the Texas Local Government Code (TLGC)
to set forth that the municipal authority responsible for approving plats shall act on a
construction plan or plat within the timeframes set forth in Section 212.009 and Section
212.0095 or the construction plan or plat is considered approved by operation of law and
mandated several new processes for the municipal authority's review of construction
plans and plats; and
WHEREAS, the Act amended Section 212.009, TLGC to mandate that the
municipal authority responsible for approving plats shall approve, conditionally approve
or deny a construction plan or plat within thirty (30) calendar after the date a construction
plan or plat is filed or the construction plan or plat is considered approved by operation of
law; and
WHEREAS, the Act added Section 212.0095, TLGC to require the municipal
authority to determine whether to approve or disapprove a previously conditionally
approved or denied construction plan or plat not later than the 15th day after a response is
submitted by the applicant or the construction plan or plat is considered approved by
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operation of law; and
WHEREAS, it is advisable to amend the Subdivision Ordinance to comply with
the changes to the subdivision development process in HB 3167; and
WHEREAS, the City Plan Commission has reviewed the proposed amendments
and recommends amending the Subdivision Ordinance as proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article I, "Plan
Commission" to revise subsections 31-1, 31-2, 31-3, and 31-5, to read as follows:
Sec. 31-1 RESPONSIBILITY.
The city plan commission, referred to as "commission," shall exercise all of the powers
of approval, disapproval and vacation of plats and plans, as provided by state statutes and
the City Charter and ordinances.
Sec. 31-2 ESTABLISHMENT AND PURPOSE.
(a) The city plan commission is created to assist Fort Worth in becoming and
maintaining the stature as the most livable city in Texas. The mission is to serve the
public and advise the city in the orderly growth and development of the community. This
mission is accomplished through the formulation and maintenance of a comprehensive
plan and its alpendices, recommendations of proposals for annexations, the processing of
plats, plans and other tasks as defined by City Council and applicable law.
(b) Incorporated within the duties of the Plan Commission are the responsibilities for
the following:
(1) Study and recommend on all proposals for the zening
submitted f r voluntary annexation or limited purpose annexation that are inconsistent
with the Comprehensive Planand submit all proposals in the name of �'���
Ems;
(2) Exercise all the powers of a commission as to the approval or disapproval of
plans, plats or replats and vacations of plans, plats or replats as set out in Tex. Local
Government Code Chapter 212;
(3) Keep informed with reference to the progress of city planning in Fort Worth and
other cities and counties and recommend improvements to the adopted plans of the city;
and
(4) Study and recommend on the planning, design, location, vacation, closing or
termination of public rights -of -way, bridges, public buildings, parks and other capital
improvement projects, considering the design of streets and blocks that promote viable,
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safe and sustainable neighborhoods with regard for traffic control and safety, convenient
access, and traffic and pedestrian circulation and internal sub -neighborhood area
connection and circulation both within the subdivision and between adjacent
subdivisions, without the need for utilizing the perimeter arterial streets system for such
purpose.
«�Advise the —eityz9iiiirg—E6rmnission with peel to zoning-distr-iets an
subdivision proposals-.
Sec. 31-3 APPOINTMENT.
(a) The City Plan Commission shall be composed of qualified eleetefs1residents of the
city. The City Council shall consider for appointment to the commission only those
persons who have demonstrated their civic interest; general knowledge of the
community; independent judgment; understanding of zoning and planning; availability to
prepare for and attend meetings; and who, by reason of diversity of their occupations,
constitute a commission which is broadly representative of the community.
(b) The city council shall appoint the city plan commission, which shall consist of nine
members, who shall serve in places numbered one through nine, and two five alternate
members to serve in the absence of one or more regular members. Preference will be
given, where feasible, to prior plan commission members as appointees to serve as
alternate members to the commission. After the expiration of the initial members' terms,
members shall serve two-year terms. No regular member shall serve more than three
consecutive two-year terms and the terms of current members of the commission shall be
counted toward the limit of terms to be served, for purposes of this section. At the
expiration of three consecutive two-year terms of service as a regular member, the
member may be appointed to serve as an alternate member at the discretion of the city
council.
(d) The executive secretary shall have full care, custody and control of the minutes
and official records; shall attend to the correspondence of the commission; and shall give
such notices as are required and in the manner prescribed by statute; or ordinance,
Fules or- vote of the
Sec. 31-5 DECISIONS.
(a) Continuance. An applicant may request a continuance in accordance with Texas
Local Government Code § 212.009(b-2) if received in writing prior to publication of
public notice, generally ten days prior to a public hearing. Any request received after
public notice is served shall be at the discretion of the commission.
(b) Approval. The commission shall approve any plan or plat that conforms to this
chapter, the comprehensive plan as it applies within the city limits (except where it
conflicts with existing zoning) and its appendices; master thoroughfare plan; parks and
recreation policies, applicable infrastructure policies and manuals; Meacham, Alliance
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and Spinks Airport Controls; and other city codes, ordinances, policies, rules or
regulations; and applicable state and federal laws.
(c) Conditional approval.
(1) The commission may conditionally approve a plan or plat where there is a master
thoroughfare plan amendment, or —a rezoning or board of adjustment application is
pending or when a plat or plan does not fully conform with this Chapter including all
plans, design standards and policy manuals incorporated by reference into the
Subdivision Ordinance and other applicable regulations in the City Code and state law.
The commission shall not deny or place conditions of approval based upon
public protest, private deed covenants and agreements, or allegations that the plan
or plat is not in keeping with the character of the neighborhood.
(2) Conditional approval shall constitute disapproval until all the conditions are met.
If the plat or plan is approved with conditions, the Commission shall provide a written
statement to the applicant in accordance with Texas Local Government Code
212.0091.The revised plan or -plat , „bjeet tor-eviewand approvalby the exeei
seer-etat=y feF „rn,-m. nee with the „diti ns ,.f.,,.,,.,.,.va
(3) The applicant may submit a response to the conditional approval to the
Commission in accordance with Texas Local Government Code &212.0093. If submitted
in accordance with filing calendar, the Executive Secretary shall file said response with
the Commission for consideration within 15 days. The Commission shall approve or
disapprove a response submitted in accordance with Texas Local Government Code
§212.0093. If the response is disapproved, the Commission shall provide a written
statement to the applicant in accordance with Texas Local Government Code
§212.009I.Goaditional appFoval by the een+missien shall not extend beyond two ealeB
years ftem the date of eonditional approval unless the eemmission grants an additional
�r
(d) Approval with waivers.
(1) The applicant may request a waiver of the provisions of this chapter by filing a
written request with the executive secretary at the time of plat or plan application
submittal.
(2) The commission may authorize a waiver when, ;n the ,,,.Y. ;ss; .,,'� AP- �,
reasonable difficulty will result from strict compliance. The commission shall consider
the general purpose and intent of this chapter, the applicable infrastructure policies and
state law requirements, the nature of the proposed use of the land involved relative to the
need for changes in infrastructure and municipal services, existing zoning and uses of
land in the vicinity, the number of persons who will reside or work in the proposed
subdivision, and the probable effect of the variance upon traffic conditions.
(3) a. No waiver shall be granted unless the commission finds:
1. That the effect of granting the waiver will be neither detrimental to the public
health, safety or welfare nor injurious to other property; and
2. That the effect of granting the wavier will not prevent the use or orderly
development of other tracts of land.
b. The findings, together with the specific facts upon which these findings are
based, shall be entered as part of the official minutes of the commission meeting.
(e) Denial. The commission may deny any plan or plat or that does not conform to this
chapter, the comprehensive plan as it applies within the city limits (except where it
conflicts with existing zoning) and its appendices, master thoroughfare plan, parks and
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recreation policies, gpplicable infrastructure policies and manuals, Meacham, Alliance
and Spinks Airport controls, and other city codes, ordinances, policies, rules or
regulations; and other applicable state and federal laws. If the plat or plan is denied, the
Commission shall provide a written statement to the applicant in accordance with Texas
Local Government Code § 212.0091. The applicant may submit a response to the denial
to the Commission in accordance with Texas Local Government Code §212.0093. If
submitted in accordance with filing calendar, the Executive Secretary shall file said
response with the Commission for consideration within 15 days. The Commission shall
agpprove or disapprove a response submitted in accordance with Texas Local Government
Code §212.0093. If the response is disapproved, the Commission shall provide a written
statement to the applicant in accordance with Texas Local Government Code §212.0091.
(f) Recommendations to city council.
(1) The plan commission shall make a recommendation for street closures/vacations
to city council for final consideration and action.
(2) The plan commission will make a recommendation to city council for final
consideration and action for comprehensive plans, annexations and other tasks as defined
by city council.
(g) Changes following commission approval.
(1) a. Plans or plats previously approved at the commission's public hearing may
not be changed or altered without a re -hearing, except to bring the plan/plat in
conformance with the conditions and requirements stipulated by the commission.
b. Changes in land use, zoning, street classifications, the configuration of street
patterns, connections to perimeter streets, an increase in development intensity or
extensions to the perimeter boundary of the subdivision to un-subdivided properties
require a public hearing. Changes to street classifications, connections to perimeter
streets or extensions to the perimeter boundary of the subdivision to un-subdivided
properties shall also require the written consent of the adjacent property owner.
(2) The executive secretary may administratively review and approve the following
without plan commission approval:
a. Minor alterations to internal streets and/or circulation system and alignments;
and
b. A net increase in the overall dwelling unit yield of the plan. The net increase
may not exceed 3-OA5% of the total residential lots rounded to the nearest whole number.
(h) Other matters of business (OMB).
(1) Requests that are minor in nature may be placed on the commission agenda for
review and consideration by the commission under the heading "other matters of
business." No publie nefiee-sha'�required. All such requests shall be posted on the
commission's agenda prior to public hearing in the manner prescribed by state law.
(2) Requests eligible as "other matters of business" include the following:
a. Change the subdivision name of a preliminary, short form or final plat;
b. Increase in lot yield of an approved preliminary plat that does not exceed 5% of
the total residential lots, rounded to the nearest whole number. In granting a request, the
commission shall consider that the increase is the result of a final adjustment in the plan
design; adjustment in the size or configuration of public park, other open space or
community facility parcels; or the elimination of oil/gas drill sites which would
reasonably incur an increase in lot yield;
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C. A one-year extension of the expiration date of an approved concept plan,
preliminary plat, final or short form plat;
d. Vacation of a final recorded plat, where an agreed petition signed by all affected
property owners has been submitted; and
e. Revisions to the subdivision ordinance or commission's rules of procedures.
SECTION 2.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article II,
"Development Review Committee"; Section 31-24, to read as follows:
Sec. 31-24 MEETINGS AND REPORTS.
The DRC shall hold obi -monthly meetings to review cases with representatives of
cases and compile reports for the next scheduled meeting of the plan commission -and
SECTION 3.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article III, "Platting";
Section 31-42, to read as follows:
Sec. 31-42 TYPES OF PLANS AND PLATS.
(c) Final plat.
(1) The final plat shall conform to the approved preliminary plat, approved
construction plan and meet all of the requirements of the plan commission.
(2) The final plat may include all or any portion of the area included in the approved
preliminary plat.
(3) A final plat that conforms to the approved preliminary plat, approved
construction plan and meets all of the requirements of the plan commission does not
require a public hearing and ismay be administratively approved by the plan
commission's executive secretary preceding the filing of the plat for record.
(4) A public hearingis s required if a final plat requires a waiver. Notice of public
hearing shall be in conformance with Section 31-62(c).
(d) .4¢nerigla fshertoHm Final short plat).
(1) A mine final short plat is permitted for four or fewer lots that have not been
previously platted and recorded.
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(2) All lots on the miner final short plat must have direct access to and front or abut
an existing public street.
(3) All lots must meet the lot size requirements of the zoning district in which they
are located.
(4) A miner final short plat that does not require a public hearing —and is
administratively approved by the plan commission's executive secretary preceding the
filing of the plat for record.
(5)Apublic hearingis s required if a final short plat requires a waiver. Notice of public
hearing shall be in conformance with Section 31-62(c).
(e) Replat.
(1) A replat does not vacate the previous plat of record governing the remainder of
the subdivision. A replat shall contain a note on the plat face attesting that the replat does
not amend or remove any covenants or restrictions.
(2) A public hearing is required if a replat requires a waiver. Notice of the public
hearing shall be in conformance with Texas Local Government Code
§212.015(b).addittenal single famyer—two family zonedlots are er-eated or- if the
a
(3) A replat may be administratively approved if no waivers are required or
requested. The executive secretary shall provide written notice to each lot owner of
record within 200 feet of the lots replatted not later than the 15th day after the date the
replat is approved. The notice shall comply with Texas Local Government Code
&212.015(g) additional single family or- two family lots ., eate a and only minor-s roo�
adjustments that do not alter- the pr-eviously appFoved plat or- r-e tion of the
altered street right f way.
SECTION 4.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article III, "Platting";
Sections 31-43, to delete in its entirety.
See. 31-43 APPLICATION OF REGULATIONS.
Will jolt
wy
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SECTION 5.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article IV,
"Submission and Review Process"; Section 31-61, to read as follows:
Sec. 31-61 PRE -SUBMISSION; PRE- DEVELOPMENT CONFERENCE.
La) A pre -development conference may be held between the applicant, his or her
consultant, and the DRC staff prior to submission of a preliminary plat., e�concept
plan., or construction plan application for the purpose of advising the applicant as to
the general restrictions, requirements and other planning and engineering matters
applicable to the plat. If an issue arises during the pre -development meeting that
directly concerns a city department not represented, the appropriate staff will be
contacted. This pre -development conference does not constitute a filing under
Chapter 212 of the Texas Local Government Code.
(b,) A presubmittal conference may be held between the applicant, his or her
consultant, and the DRC staff prior to submission of a plat if the applicant is willing
to agree in writing that the conference does not constitute the filing
application. The purpose of the meetingis to provide the applicant input on areas of
the submittal that require additional information to complete the application. This
presubmittal conference does not constitute a filing under Chapter 212 of the Local
Government Code.
Lc) A presubmittal conference may be held between the applicant, his or her consultant,
and the Infrastructure Plan Review Center staff prior to submission of a
construction plan if the applicant is willing to agree in writing that the conference
does not constitute the filing of an application. The purpose of the meeting is to
provide the applicant with assistance in designing construction plans that meet the
City's requirements. This presubmittal conference does not constitute a filing under
Chapter 212 of the Texas Local Government Code.
(d,) A postsubmittal conference may be held between the applicant, his or her
consultant, and the Infrastructure Plan Review Center staff after the Plan
Commission has disapproved or conditionally approved a construction plan. If the
applicant chooses to have a postsubmittal conference, the postsubmittal conference
must be held before the applicant files a response to the reasons the construction
plan was disapproved or conditionallyqpproved. An applicant must agree in
writing that the conference does not constitute the filing of an application or a
response. The purpose of the meeting is s to provide the applicant with assistance in
re -designing construction plans to meet the City's requirements. This postsubmittal
conference does not constitute a filing or written response under Chapter 212 of the
Texas Local Government Code.
SECTION 6.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article IV,
"Submission and Review Process"; Section 31-62, to read as follows:
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Sec. 31-62. SUBMISSION PROCESS.
(a) Written request. Every proposal shall be submitted in writing in a format and on
application forms provided by the planning and development department or
transportation and public works department. All applications and any required
supplemental documents shall be submitted to the executive secretary, or their designee.
No plat or plan application will be accepted for filing and processing by the executive
secretary until all fees are paid, the gpplicationthe appheati .fete; meets the
requirements of this Chapter, including all necessary studies, plans and supporting
information; andsupporting documents are accepted and approved by the reviewing
department, and —,%:id —the property is properly zoned for the anticipated use or an
application has been submitted for rezoning.
(b) StksiemFiling dead4date. The submissio filing dateeadline for
applications submitted for plan commission action shall be established by the executive
secretary. is 30 days prior- to the next seheduled een+missien meeting date. if the f4ing
deadline is on a eivy holiday, the following ,,,.vaay shall beebsefv€d as the
submissionAfin deadline. The filing deadline shall be the official submissionfiling date
for all applications. Any application fried delivered to the City prior to the submission
filing date shall be deemed submitted on the official filing deadline date.
(c) Public notices for certain applications. The following applications shall require
notice of a public hearing: application for waivers from Subdivision Ordinance
requirements for plats, right-of-way or easement vacations and master thoroughfareplan
amendments/waivers. Require nNotice of the public hearing shall be sent to the
applicant or his or her agent; and to the owners of all properties lying within 200 MO feet
of the property (as ownership appears on the last approved county tax roll). Notice may
also be sent to the owners of all abutting properties located outside the city limits and to
other persons as the executive secretary determines may be affected by the proposal.
Notice shall be given in writing, deposited in the United States mail, postage prepaid, not
less than ten days prior to the date of commission hearing. The notice shall advise that a
specific prepesalapplication as listed above has been submitted for consideration and is
available for review in the planning and development department. The notice shall not be
deemed a condition precedent to the holding of any public hearing or to any official
action concerning the matter before the Plan Commission.
(d) Withdrawal of application. Any application may be withdrawn by submitting a
request to the executive secretary. The request shall be effective upon the date of receipt
by the executive secretary. A request to withdraw the application after public notices
have been mailed shall be heard by the plan commission.
SECTION 7.
Chapter 31, "Subdivision Ordinance" of the Code of the City of Fort Worth,
Texas (2015), as amended, is hereby further amended by amending Article IV,
"Submission and Review Process"; Section 31-63, "Review, Approval and Expiration to
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read as follows:
Sec. 31-63 REVIEW, APPROVAL AND EXPIRATION
(a) Concept Plan.
Applications. All concept plans shall include the following at the time of
filing:
a. Approved master water study,
b. Approved master wastewater study; and
c. Approved master drainage stud
(2) Review. The DRC shall review the concept plan to determine the
relationship of proposed traffic -ways to existing neighborhood circulation patterns;
compliance with this chapter; the master thoroughfare plan; the comprehensive plan;
parks and recreation policies; Meacham, Alliance and Spinks Airport controls; and other
city codes, ordinances, policies, rules or regulations; and the need for other public
facilities.
(3-2) Approval.
a. The plan commission shall review all concept plans. The decision of
the plan commission is final.
b. Approval by the plan commission shall permit the submission of
preliminary plats in stages that are in conformity with the approved concept plan
and this Chapter, City of Fort Worth development policies. Approval of a concept
plan shall not prevent the plan commission from approving concept plans and
plats on adjacent properties that are not consistent with the concept plan, or from
disapproving future preliminary plats that do not comply with the approved
concept plan. Before any inconsistent concept plan or plat is approved on adjacent
property, the plan commission shall give written notice to the current property
owner and to the applicant who filed the previously approved concept plan.
(4-3) Conditional approval. Concept plans conditionally approved shall follow
the process provided in section 315 cjRevisiens and eeFFeetiensr-eVir-edby apla
E9imirrrriiTn- E6ixcritl9 ccconcept plan shall be submitted in azariri
ibed by the plapming and develepmei# department within seven ealendar- days 4e
;-h-e-d-Ate of the commission's conditional approval. The plan shallbe ve6fied and stampe
"approyeccr with the signatufe of the exeeu4iye seer-etar-y for- distFibuti .
(54) Withdrawal of approval by plan commission. Approval or conditional
approval of a concept plan is voidable or subject to amendment at any time, after a public
hearing by the plan commission, if the applicant causes a material change in the approved
concept plan.
(65) Expiration. A concept plan shall expire on the fifth anniversary of the date
the plan was approved by the plan commission if no progress has been made towards the
completion of the project. Progress towards the completion of the project shall include
any one of the following:
a. An application for a final plat or plan is submitted;
b. A good -faith attempt is made to file with the city or other regulatory
agency for a permit necessary to begin or continue towards completion of
the project;
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c. Costs have been incurred for developing the project, including costs
associated with roadway, utility and other infrastructure facilities designed
to serve the project in the aggregate amount of 5% of the most recent
appraised market value of the real property of the project;
d. Fiscal security is posted; or
e. Utility connection fees or impact fees for the project have been paid.
(b) Preliminary Plat.
(1) Applications and engineering documents. All preliminary plat applications
shall include the following at the time of fiilin :s :
a. An approved drainage plan and study, including the 100-year floodplain,
and any existing or proposed drainage easements affecting the plan;
b. An approved comprehensive water study Genefa �*�~��^~ ~a
layout plan;
c. An approved comprehensive wastewater stu lGexer-al sanitafy sewef
extension and layout p! ;
d. Preliminary location of water wells serving the site, if not served by a
public domestic water supply and distribution system. Subdivisions with
three or more lots may show a typical location detail on the plat, with
dimensions to the nearest proposed sanitary waste disposal field or facility.
The county health department and city transportation and public works
department shall each receive a copy of planned locations. Documentation of
approved well sites and on -site waste disposal acres shall be provided from
the county health department; and
e. An approved Traffic Impact Assessment Study; -ate
f. Proof that the property is properly zoned for the project or a copy of the
application for a zoning cage or board of adjustment application;
g. Approved Master Thoroughfare Plan amendments or a copy of the
application for approval;
Copies of the preliminary plat a -ad the doeuments listed above shall be submitted to the
(2) Review. The DRC shall review the preliminary plat to determine the
relationship of proposed traffic -ways to existing neighborhood circulation patterns;
compliance with this chapter; the master thoroughfare plan; the comprehensive plan;
parks and recreation policies; Meacham, Alliance and Spinks Airport controls; and other
city codes, ordinances, policies, rules or regulations; and the need for other public
facilities.
(3) Approval.
a. The plan commission shall review preliminary plats requesting a
waiver. The decision of the plan commission is final.
b. The plan commission shall determine that the plat meets the following
city requirements prior to preliminary plat approval:
1. City's subdivision regulations;
2. Conformance with the zoning ordinance and district regulations
governing the plat, including proper zoning of the plat to be in place prior to final
plat approval;
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3. Conformance with the latest adopted comprehensive plan of the City
of Fort Worth, with regards to current and future streets, alleys, parks,
playgrounds and public utility facilities;
4. Conformance with the latest adopted master thoroughfare plan and
related street standards as determined by the city traffic engineer;
5. Conformance with city adopted park dedication policies;
6. Conformance with the city and/or county regulations (whichever is
applicable) for the safe and adequate provision of water supply and sanitary waste
collection and disposal;
7. Conformance with adopted federal, state, county and city stormwater
management regulations;
8. Conformance with the city's latest adopted airport controls and master
plans for Spinks, Alliance and Meacham Airports; and compliance with related
Federal Aviation Regulations (FAA) to mitigate potential adverse safety impacts
to other nearby surrounding regional satellite airports; and with the U.S.
Government Naval Air Station/Joint Reserve Base (aka Carswell AFB); and
9. Conformance with a previously approved concept plan.
(4) Conditional approval. Preliminary Plats conditionally approved shall follow
the process provided in section 31.5(c).Revisie„s and eeffeetions required by any pla
ission "oonditionally approved" pFeliminary plat shall be submitted in a f0m
by the p1mming and development depa+tmefit within seven ealendaf-days fr0ffl-
-&ppivPccr=wzcrrthe sigiramrc-vrthe eXcvccti'b'e seer-e car-y rvr-arsmvcrcrorr.
(5) Changes or alterations to approved plat.
a. No previously approved plat may be changed or altered, except to bring the plat
in conformance with the conditions and requirements stipulated by the commission.
Minor changes as outlined below shall be permitted at the discretion of the executive
secretary.
1. The proposed internal street and/or circulation system and alignments may be
altered if minor in nature. Changes to street classifications, connections to perimeter
streets, or extensions to the subdivision's perimeter to un-subdivided property shall not
be considered minor alterations.
2. A net increase, not to exceed 5%3-OA of the total residential lots (rounded to
the nearest whole number) in the overall lot yield of the approved preliminary plat may
be made, except as elsewhere prohibited by these regulations.
b. If the executive secretary determines that the proposed changes are minor, a
revised preliminary plat may be approved administratively. A revised preliminary plat
shall include all property within the boundary of the original preliminary plat. A revision
to a revised preliminary plat shall not affect the expiration date of the plat and shall carry
the same expirations as outlined below.
(6) Expiration.
a. A preliminary plat shall expire two years from the date the plat was
approved by the city plan commission unless progress towards completion of the project
has been demonstrated prior to that expiration date, or a request for an extension has been
made in accordance with subsection (b)(7) below.
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b. Progress must be demonstrated by the applicant in writing 30 calendar days
prior to preliminary plat expiration. Progress towards the completion of the project shall
include any one of the following:
1. An application for a final plat or plan or a portion thereof is submitted;
2. A good -faith attempt is made to file with the city or other regulatory agency
for a permit necessary to begin or continue towards completion of the project;
3. Costs have been incurred for developing the project, including costs
associated with roadway, utility and other infrastructure facilities designed to serve the
project in the aggregate amount of 5% of the most recent appraised market value of the
real property of the project;
4. Fiscal security is posted; or
5. Utility connection fees or impact fees for the project have been paid.
c. A final plat that is not recorded in accordance with subsection (c)(2) of this
section will not constitute progress.
d. An acceptable demonstration of progress, as determined by the executive
secretary, will result in the project being extended five years from the point of progress.
e. Subsequent progress made towards completion of the project, if documented
prior to plat expiration, will extend the life of the project for an additional five years from
the point of progress.
i If a new preliminary plat is submitted, a new application and fees will be
required and a new maximum two-year period shall begin upon the commission's
approval of the newly submitted preliminary plat.
(7) Extension. The applicant may, within 30-calendar days prior to the
preliminary plat expiration date, request commission approval for an extension up to
a maximum one-year period, provided no plat changes have been made from the
original approved plat. Such written request shall be placed on the commission's
regular monthly agenda as an "other matters of business" item and no additional
application shall be required. If approved, the commission shall set the expiration date
of the requested extension for a period of time up to, but not exceeding, one calendar
year. Extensions shall not exceed five years total from date of original approval.
(c) Plats final plats, short form final plats, replats, vacated plats, conveyance plats,
and amended plats).
(1) Approval.
a. If the executive secretary determines that the final plat complies with the
requirements of this Chapter or previously pproved preliminary plat, then the
executive secretary shall certify the final plat and it shall be recorded. All final
plats shall be administfatively approved by the executive seer-etary, except that
publie hearing and plan eommission aefien shall be r-e"ir-ed for- a vaea4ed plat an
for- any r-epla that ereates additional single family or- two family zoned lots or- i
the t t� a do tes
"c-a�ivir-vi width streetscc�t�hzirc�rvmunvrrrv'crcc�--ccrc
signif4eantly alter-ed.
b. No final plat shall be deemedcertified as approved until:
1. All conditions required by 'bons this Chapter including all
plans, design standards and policy manuals incorporated by reference into the
Subdivision Ordinance and other applicable regulations in the Ci . Code and the
commission have been met;
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2. All approvals of outside governmental entities, state agencies, or public
utilities are provided to the City;
-23. Construction of community facilities necessary to serve the property;
execution of a community facilities agreement or similar agreement approved by
the Ci . and providing the City with an acceptable financial guarantee, other than
a completion agreement; providing the City with any financial guarantee required
by the county having jurisdiction in the ETJ per an interlocal agreement under
State Senate Bill No. 1445; or the execution of a future improvements agreement
and delivering to the City a check for the cost of the public infrastructure covered
by the future improvements agreement;
-34. The dedication instrument is completed and signed;
45. Any related documents are reviewed and approved;
and
-56. The commission chairperson's and commission executive secretary's
attesting signatures have been placed on the face of the plat.
d) Construction Plans.
(1) Annlications. All construction plans shall include the following at the time of
filing:
a. IPRC application form and payment of the application fee;
b. Construction plans that are signed and sealed by the engineer of record;
c. Drainage study Pproved by the Ci , or a copy of the City's determination
that the drainage study is not required;
d. Traffic impact assessment study approved by the City or a copy of the
City's determination that a traffic impact assessment study is not required;
e. water and sanitary sewer studies approved by the City, or a copy of the
City's determination that a water or sanitary is not required;
f. Draft horizontal control plan;
g. Approved alignment walks for water, sanitary sewer and stormwater
infrastructure or a copy of the City's determination that an alignment walk is
not required;
g. Geotechnical report;
h. Proof that the grope . is properly zoned for the project or a copy of the
application for a zoning change;
i. Approved Master Thoroughfare Plan amendments or a copy of the
application for approval;
j. Approved street vacations or a copy of the application for approval;
k. Approvals of outside governmental entities or a copy of all applications
for approval;
1. Construction plan waivers that have been granted or a copy of the
application for each waiver; and
m. A copy of the currently public City construction specifications applicable
to the construction plans.
(2) Review. The Infrastructure Plan Review Center shall review the
construction plan to determine compliance with: this chapter; other city codes,
ordinances. aolicies. rules or regulations: and countv. state. and federal laws.
(3) Approval.
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a. The plan commission shall review construction plans
requesting a waiver that requires the approval of the plan commission. The
decision of the plan commission is final.
b. The plan commission shall determine that construction plans meet the
following requirements prior to approval:
1. City's subdivision regulations;
2. Conformance with anapproved preliminary_ plat or final plat;
3. Conformance with City_ codes, ordinances, policies, rules and
regulations;
4. Conformance with county, state, and federal laws.
5. Approval of proper zoning, street vacations, and Master Thoroughfare
Plan amendments; and
6. Approval of other governmental entities, when required, have been
obtained.
(4) Conditional approval. Construction Plans conditionally pproved shall follow
the process provided in section 31-5(c).
(5) Changes or alterations to approved construction plans. No previously
approved construction plan may be changed or altered, except to bring the
construction plan in conformance with the conditions and requirements stipulated
by the commission. Minor field changes shall be permitted at the discretion of the
Infrastructure Plan Review Center and the Construction Inspector as long as the
field changes do not conflict with the City codes, ordinances, policies, rules, and
regulations.
(6) Expiration.
a. A construction plan shall expire two years from the date the construction
plan was approved by the cily plan commission.
b. If a new construction plan is submitted, a new application and application
fee will be required and a new maximum two-year period shall begin upon the
commission's approval of the newly submitted construction plan.
(de) Closure or vacation of public or private streets, alleys and access easements. Plan
Commission Review Process -Vacation or Closure of Streets and Alleys
(1) Eligibility. All applications must conform to the requirements of the city for
vacating public or private streets and alley rights of way or public access easements
serving more than one property.
(2) Traffic study.
a. As a condition for vacation or closure approval and prior to the commission's
public hearing, the director of transportation and public works may require the applicant
to submit a traffic study prepared by a professional civil engineer to determine whether or
not the requested closure or vacation would have an adverse impact on nearby or
neighborhood through traffic and circulation.
b. The study shall be performed and completed in a format as required by the
transportation and public works department. The study shall be submitted not less than
two calendar weeks prior to the commission's scheduled public hearing. Copies of an
executive summary of the traffic study shall also be simultaneously transmitted to the
planning and development department for distribution to applicable city departments and
the plan commission.
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(3) Review. The DRC shall review and make a recommendation to the plan
commission on all applications for closure or vacation.
(4) Plan commission approval. After approval by the city plan commission and upon
receipt of the required purchase payment for the rights -of -way or access easement
established by the property management department, and an acceptable replat has been
submitted, the findings and actions shall be certified by the executive secretary and
transmitted to the city council for final consideration and action.
(5) Plan commission denial and appeal. If the plan commission recommends denial,
the applicant may appeal the decision to the city council by filing a written appeal with
the executive secretary of the commission within 12 days after the commission's action.
If no appeal is filed, the recommendation of the plan commission shall be final.
(6) Expiration/extension.
a. If a replat application that incorporates the area to be vacated is not submitted
within 180 days of the city plan commission recommendation, the commission's
recommendation shall expire and be deemed withdrawn.
b. Any city plan commission's recommendation to city council to vacate a public
or private street, alley right-of-way or public access easement made prior to June 1, 2010
must be incorporated into a replat recorded by December 31, 2012 or the
recommendation of the commission shall expire and be deemed withdrawn.
c. For the expiration of the replat that incorporates the land area to be vacated, see
subsection (c), final plats, above.
(ef) Vacation and abandonment of public utility, public open space and drainage
easements. An application to vacate a public utility, public open space or drainage
easement may be vacated by one of the following actions.
(1) Vacation by plat. Unless created by separate instrument, a drainage, public open
space or utility easement may be vacated by submitting a plat.
(2) Vacation by separate instrument. Drainage, public open space and/or utility
easements may be vacated or abandoned by separate deed instrument approved and
executed by the city and recorded in the applicable deed records of the county. The
procedures shall be as follows.
a. Application. A completed application shall be submitted to the property
management department for review.
b. Accompanying exhibits. Proper exhibits as required by the property
management department shall be provided.
c. Abandonment concurrence. All adjacent contiguous property owners that may
be affected by the vacation or abandonment of the easement shall provide evidence of
concurrence with the vacation.
d. Processing and investigation. The property management department shall notify
and provide a copy of the application and exhibits to any affected department, agency or
franchised public utility company. After all affected parties have been notified and
endorsements received from reviewing city departments and franchised utility companies,
the division administrator shall initiate approval by the city council.
e. Recording of instrument. Upon approval, the property management department
shall record the abandonment document in the county deed records.
SECTION 8.
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This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (2015), 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 conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 9.
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
phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 10.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Code of the City of Fort Worth 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.
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SECTION 11.
Any person, firm, or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than Two Thousand Dollars ($2000.00) for each
offense. Each day that a violation exists shall constitute a separate offense.
SECTION 12.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
the caption, penalty clause and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013,
Texas Local Government Code.
SECTION 13.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos Mary Kayser
Senior Assistant City Attorney City Secretary
ADOPTED:
EFFECTIVE:
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