HomeMy WebLinkAbout(0014) Subdivision_Ordinance_Amend_Conditional_Plat_Approval (3).PDFORDINANCE 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", TO PROVIDE FOR THE
DELEGATION BY THE PLAN COMMISSION TO THE DIRECTOR OF
THE DEVELOPMENT SERVICES DEPARTMENT OR THE
DIRECTOR'S DESIGNEE THE AUTHORITY TO CONDITIONALLY
APPROVE PLATS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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17851 which repealed the contents of Chapter 31 "Subdivision Regulations", replaced with
the contents of Appendix C, "Subdivision Ordinance" and repealed Appendix C; and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 House Bill 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 require, in part, that the municipal authority responsible for approving plats must
approve, approve with conditions, or disapprove a plat within 30 days after the date the
plat is filed or the plat is considered approved by operation of law; and
WHEREAS, the City Council adopted Ordinance No. 23932-11-2019 amending
the Subdivision Ordinance to conform with the Act; and
WHEREAS, the City Council adopted Ordinance No. 24457-09-2020 amending
the Subdivision Ordinance to authorize the delegation of the approval, conditional
approval, and disapproval of construction plans and the delegation of the authority to act
on waivers and continuances for construction plans from the City Plan Commission to the
Director of the Development Services Department, or the Director's designee; and
WHEREAS, the City Council finds it desirable to amend the Subdivision Ordinance
to delegate the authority to conditionally approve plats to the Director of the Development
Services Department or the Director's designee; and
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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 amend subsection 31-1, 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. The commission may delegate to the Director or the
Director's designee, the authority to conditionally approve plats, the authority to approve,
disapprove, and conditionally approve construction plans, and the authority to grant
waivers of the provisions of this chapter and continuances for construction plans. The
Director may refer any matter delegated to the Director to the commission for a decision.
SECTION 2.
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 3.
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
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incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
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.
SECTION 5.
This ordinance shall take effect after adoption.
APPROVED AS TO FORM AND LEGALITY:
Richard A. McCracken
Senior Assistant City Attorney
ADOPTED:
EFFECTIVE:
Mary Kayser
City Secretary
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