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1993-033is\wpdoc9\ord\1andev.o NOTE: Amended by 94-039 ORDINANCE NO. 3 G 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE AND CLASSIFY TWO DIS- TINCT DIVISIONS WITH DIFFERING RULES, REGULATIONS AND PLATTING RE- QUIREMENTS SEPARATED BY A REGULATORY LINE TO BE PERIODICALLY RE- VIEWED AND UPDATED; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 212.003 of the Texas Local Government Code allows the City of Denton to extend rules governing plats, sub- divisions and other ordinances relating to access to public roads to the City's Extraterritorial Jurisdiction; and WHEREAS, Section 212.0045 of the Texas Local Government Code allows the City of Denton to define and classify divisions of land within the City's jurisdiction and not require platting for every division of land; and WHEREAS, the extraterritorial jurisdiction of the City of Denton extends for three and one-half miles from the corporate limits and beyond the boundaries of the Greater Denton Planning Area (GDPA) as defined in the Denton Development Plan and beyond the area defined in the City's Certificate for Convenience and Necessity (CCN) issued by the State of Texas pursuant to V.T.C.A., Water Code Section 13.242 relating to the City's supplying of water and wastewater services; and WHEREAS, the City of Denton has prepared a map of the City's extraterritorial jurisdiction indicating a regulatory line, fol- lowing, insofar as possible, the boundaries of the GDPA and CCN, beyond which services from the City will be very limited; and allowing such area to develop pursuant to the regulations of the County of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Section 34-38 entitled "Development standards and requirements in the extraterritorial jurisdiction" of Chapter 34 relating to Subdivision and Land Development of the Code of Ordinances of the City of Denton is hereby amended so that here- after such section shall read as follows: See. Development standards and requirements in the extraterritorial jurisdiction. (a) The Extraterritorial Jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map reflected in Exhibit "A" attached hereto and made a part hereof for all purposes. Division 1 is that area located within the regulatory line reflected on the map referenced above. Division 2 is that area on the map located outside the regulatory line defined in Division 1. (i) All of the provisions of this chapter governing sub- division and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. (ii) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the City for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivisions and develop- ments must comply only with development or plat re- quirements of Denton County and state law. (b) The Planning and Development Department is directed to consider amendments to the regulatory line map whenever the certi- ficate of public convenience and necessity for water and wastewater services is amended by the State, the Greater Denton Planning Area as defined in the Denton Development Plan is revised, or when dir- ected by the Planning and Zoning Commission and City Council but such amendments shall not be effective until the revised regulatory line map is approved by the City Council. SECTION II. That the regulatory line map reflecting Division 1 and Division 2 of the extraterritorial jurisdiction shall be subject to review by the public in the Planning and Development Department. SECTION III. That any person violating any provision of this ordinance shall be enjoined pursuant to the authority granted the City of Denton, Texas, by Section 212.003 of the Texas Local Gov- ernment Code as same exists today or may hereafter be amended, and such person shall be subject to the sanctions and civil penalties allowed the City under V.T.C.A. Local Government Code Section 54.011, as amended. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Page 2 Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the o?Ad day of , 1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ~2 a Page 3