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Home My WebLink AboutO-1998-1444-A .... . . ORIGINAL ORDINANCE NO. 1444-A AN ORDINANCE AMENDING SECTION 2.19 DEVELOPMENT, SECTION 4.08 DEVELOPMENT SITE PLANS: GENERAL AND SECTION 11.02, DRAINAGE AND STORM SEWER, OF CITY OF LA PORTE ORDINANCE NO. 1444 REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares that the amendments to Section 2.19, Develooment, Section 4.08 Develooment Site Plans: General, and Section 11.02, Drainaoe And Storm Sewer, of City of La Porte Ordinance No. 1444, are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 2.19, DEVELOPMENT, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "2.19 DEVELOPMENT: The process of converting land within the City's jurisdiction from its natural state, or altering the elevation of prooerty, or converting its existing usage to residential, commercial, or industrial uses. This definition encompasses any and all physical changes to the land not regulated through the City Building Code ORDINANCE NO. 1444- . Page 2 . ORfGif~AL inherent in such conversions. The term development includes subdivisions as defined herein." Section 3. Section 4.08 DEVELOPMENT SITE PLANS: GENERAL, of City of La Porte Ordinance 1444, is hereby amended to read as follows, to-wit: "4.08 DEVELOPMENT SITE PLANS: GENERAL The following sections of this Ordinance outline procedures for preparing and obtaining approval for developments not defined herein as subdivisions. Except as noted in Section 4.08 (A) below, it shall be a violation of this Ordinance for any person to develop property within the City of La Porte without first: a. Filing a Development Site Plan and required documentation for approval. b. Having said Development Site Plan approved according to the procedures set forth herein; and c. Obtaining a Development Authorization. A. DEVELOPMENT SITE PLANS: EXCEPTIONS TO FlUNG REQUIREMENTS 4-:-_~0 Development Site Plan filing shall be r-oquired as provided for her-oin in the oase of a development whioh is strictly agrioultural in oharacter and use. ~ No Development Site Plan filing shall be required as provided for herein in the case of a development that is solely and strictly a ORDINANCE NO. 1444-A. Page 3 e ORiGiNAL Subdivision, as that term is defined herein, and the requirements of Section 4.04 of this Ordinance have been satisfied for such Subdivision. &-_~o Development Site Plan filing shall be roquir{)d as provided for heroin in the case of a development that is strictly FOsidential in character and use, and occurs in the form of a single family house, regardless of whether said house is constructed inside or outside of a Subdivision. B. MAJOR AND MINOR DEVELOPMENT SITE PLANS: REQUIREMENTS AND CONTENTS (SEE APPENDIX E) For both Major and Minor Developments, the Development Site Plan is drawn accurately to scale with exact dimensions. When accompanied by all other required documentation, Development Site Plans contain sufficient detail for evaluation of the proposed development. Complete instructions for preparing Development Site Plans are contained on Appendix E." Section 4. Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444 is hereby amended by adding language pertaining to the alteration of the elevation of property. Section 11.02, Drainage and Storm Sewers, shall hereafter read as indicated below: e ORDINANCE NO. 1444----A. Page 4 . ORIGINAL "11.02 DRAINAGE AND STORM SEWER Adequate drainage shall be provided as to reduce the community's exposure to flood hazards with respect to adjacent, upstream and downstream developments. (See also Chaoter 94. Floods. of the Code of Ordinances of the City of La Porte for additional reauirements.) Adequate drainage shall be provided within the limits of the subdivision and/or development. The protection of adjoining property shall be accounted for in the design of the drainage system, and shall be subject to the approval of the Director of Planning or his designated representatives. Any oerson or oersons that alter or change the elevation of orooerty shall be responsible for apolyina for and obtaining. orior to said change or alteration of the elevation of orooerty. a develooment authorization from the City Plannina Deoartment. Anv chanae or alteration in the elevation of orooerty requires submission of a Site Plan prior to the chanae or alteration of orooerty. which said Site Plan shall delineate the orooosed change or elevation of orooerty. Said certified site plan shall be subiect to aooroval bv the City Engineer." Section 5. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ORDINANCE NO. 1444- . Page 5 . ORi0Jr,: q A fl ,1- t\'.fli U . V I . /.... ~ ~ l... .' "j ", ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 6. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 7. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public ORDINANCE NO. 1444- . Page 6 . ODlf"'f:\P J';" ..., ~ :. - :. /.t; L: ".. .". . w as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. This Ordinance shall become effective fourteen (14) days after its passage and approval, however, implementation of this ordinance will not take place until 180 days after its passage. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE ~ DAY OF March ,1998. CITY OF LA PORTE BY:~~ ~~ . N RMAN MA(ONE, r - ATTESTATION: B~J1d/dL ARTHA GILLETT, City Secretary