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ORD 687 08/23/2005 ORDINANCE NO. 687 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING ORDINANCE NO. 590 LAND SUBDIVISION ORDINANCE, AS AMENDED, BY AMENDING SECTION IV APPLICATION PROCESS PARAGRAPH C NO IMPROVEMENTS ALLOWED WITHOUT CITY APPROVAL; PROVIDING FOR INCORPORATION; PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF CIBOLO NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in Guadalupe County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11, 2004; and WHEREAS, the City of Cibolo, Texas, adopted Ordinance No. 590 (Land Subdivision Ordinance) declaring the policy and rules and regulations governing the platting and subdivision of land in the City limits and in the extraterritorial jurisdiction; and WHEREAS, the City Council has considered the merits of these amendments to the Land Subdivision Ordinance and has determined that this ordinance is necessary to protect the health, safety,morals, and welfare of the community. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS... SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. 1 SECTION 2. ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo, Texas,and amend Ordinance No. 590. SECTION 3. AMENDMENTS That SECTION IV APPLICATION PROCESS, PARAGRAPH C. NO IMPROVEMENTS ALLOWED WITHOUT CITY APPROVAL shall be amended to read as follows: "C. NO IMPROVEMENTS ALLOWED WITHOUT CITY APPROVAL 1. The City will make no improvements nor will the City maintain any streets or any utility service in any addition or subdivision for which approved preliminary and final plats are not on file with the City of Cibolo and the County Clerk. Furthermore, no plat of a subdivision shall be filed in the office of the County Clerk without official approval as required by this Ordinance. Such approval shall be entered in writing on the plat. 2. No construction work shall begin on the improvements in a proposed subdivision prior to approval of the final plat by the City as specified by this Ordinance. No excavation, grading or site clearing activities shall occur prior to approval of the final plat and the construction plans. However, limited/preliminary grading or site preparation activities (i.e. excavation, filling, tree removal/clearing, etc.) may be authorized by the City Manager at his/her discretion upon recommendations by the City Engineer and the City Infrastructure Compliance Manager provided that: a. such request is submitted in writing and signed by the property owner and said request states that the property owner assumes all responsibility and liability relating to the proposed work; b. such activities will not be detrimental to the public health, safety or general welfare; c. such activities are within the area of an approved preliminary plat and all applicable conditions or stipulations relating to the preliminary plat approval have been met; d. engineering and construction plans have been submitted and approved by the City Engineer and Infrastructure Compliance Manager prior to the commencement of the construction work; and 2 e. a Site Development Permit meeting the standards specified in 3. except for subparagraph 3.b.1.below have been met. 3. A Site Development Permit is required from the City of Cibolo prior to beginning any work in the City or the extraterritorial jurisdiction that affects erosion control, storm drainage, vegetation or tree removal, grading or excavation. Said permit shall be subject to the following: a. All contractors participating in the proposed work shall be required to meet with the City for a preconstruction conference to discuss the project prior to release of a Site Development Permit and before any filling, excavation, clearing and/or removal of vegetation and trees is performed. b. Prior to authorizing the release of a Site Development Permit, the City Engineer and Infrastructure Compliance Manager shall be satisfied that the following conditions have been met: 1. The final plat has been approved by the City in accordance with this ordinance; 2. All required construction documents are completed and approved by the City Engineer and the Infrastructure Compliance Manager; 3. All necessary off-site easements and/or dedications required for public infrastructure have been conveyed solely to the entity for which the improvements are to be dedicated with the proper signatures attached. The original documents and the appropriate filing fees shall be returned to the Infrastructure Compliance Manager prior to approval and release of the engineering plans; 4. All contractors participating in the construction work have been presented with a set of approved plans bearing the stamp of release by the City Engineer and Infrastructure Compliance Manager (at least one set of these plans shall remain on the job site at all times); 5. A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the Infrastructure Compliance Manager; and 6. All applicable fees have been paid to the City." 3 SECTION 4. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive provision shall apply. SECTION 5. SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance should 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 or sections of this Ordinance, since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6. SAVINGS That all rights and privileges of the City of Cibolo are expressly saved as to any and all violations of the provisions of any Ordinances affecting platting or subdivisions, 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 7. EFFECTIVE DATE That this Ordinance shall be effective immediately upon the passage and approval of the City Council of the City of Cibolo, Texas. AND IT IS SO ORDAINED. 4 PASSED AND APPROVED by a vote of 5 for to 0 against this 23`d day of August, 2005. APPROVED: or Jo ,1Sutton ATTEST: . _ I Yvo e Griffin, City S'e 5