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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 PAGE 2 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; PAGE3 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.] PAGE4