2008-019I s:\our documents\ordmances\08\dea06-001 Zdw
ORDINANCE NO. of M - j~'M
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35.16, OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
RECORDING OF PLATS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND ISSUANCE
OF BUILDING PERMITS; PROVIDING A PENALTY WITH THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE. (DCA06-0017)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter
35.16 of the Development Code, pertaining to recording of plats, construction of public
improvements, and issuance of building permits; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Subchapter 35.16 of the Development Code is hereby amended in part, as
described in Exhibit A, attached hereto and made part hereof by reference. All other provisions of
Subchapter 35.16 not specifically changed by this amendment shall remain in full force and effect.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity. I
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the Alday of a~ ' 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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13Y: AJ
Exhibit A
35.16.6. [Existing subsections A-C unchanged]
D. General Rule - No Permits Before Plat. Generally speaking, no building permit or
certificate of occupancy shall be issued for any parcel or tract of land until such property has
received final plat or development plat approval and is in conformity with the provisions of
these subdivision regulations, the plat has been recorded, all easements (including those by
separate instrument) and all applicable permits are in place, and all public improvements
have been accepted (if applicable). No private improvements shall take place or be
commenced except in conformity with these regulations.
1. Exceptions.
a. Definitions Applicable to All Exceptions
1. "Phase" means one final platted section of a larger overall development.
2. "Public improvements" means the public infrastructure needed or required by the
development, or by a single phase within a larger overall development,
3. "Regional improvements" means those public improvements which are required
of the development for the protection of either:
a. health, safety and welfare of the public at large; or
b. property outside or surrounding the development;
i. Examples of Regional improvements include, but are not limited to:
(a). water line "loops" or extensions for service;
(b). regional detention facilities,
(c). off-site drainage improvements.
b. Model Home Exception for Single Family Residential or Duplex Development
Within a phase containing public improvements that have not yet been finally accepted, a
developer may construct no more than four (4) model homes, provided that all off-site,
drainage or regional improvements have been installed, inspected and accepted and that
each model home is inspected and found to meet all building, plumbing and fire code
requirements prior to being opened to observation by the public, and provided further that
the home will not be sold or occupied as a dwelling unit until all public improvements
within that phase have been completed and accepted by the City.
c. Exception for Multi-Family or Non residential Development.
Upon application and satisfaction of the following conditions, along with other
Code and Criteria Manual requirements otherwise applicable to full building
permits, the building official may issue a building permit formulti-family or non-
residential development, to enable limited construction as specified in the permit,
prior to satisfaction of remaining development requirements:
a. The applicant must complete installation of all drainage and other regional
improvements, particularly off-site improvements;
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Upon application to, and approval by, the City Engineer, the portion of
this condition requiring prior installation of required permanent drainage
improvements may be satisfied by constructing temporary drainage
improvements (such as detention ponds) that, in the opinion of the City
Engineer, are adequate to offset the decrease in permeable surface of the
permitted phase of development and prevent harm to downstream
properties, pending completion and acceptance of required permanent
regional improvements for drainage.
b. The applicant must enter into an agreement with the City, in a form approved
by the City Attorney, which indemnifies and holds the City harmless for any
failure of the applicant, owner or builder to obtain necessary access and
drainage easements and permits, or to build needed offsite improvements;
and
c. A building permit issued in this manner may be withdrawn upon failure to
meet any imposed condition, as set forth in §35.1.10.
2. The applicant must install and demonstrate proper function of fire hydrants and
all-weather access improvements for fire apparatus required by the Fire Code and
Chapter 29 of the Denton Code of Ordinances, prior to any construction above
slab.
[Existing subsection E is deleted, and subsections F and G are renumbered as E and F,
respectively.]
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