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(A) Council to serve as Planning and Zoning Commission. The Planning and Zoning Commission of the city is hereby abolished and its functions, duties, responsibilities policies, practices and procedures shall be assigned to the City Council.
(B) Organization.
(1) The Mayor and Mayor Pro-Tem shall serve as Chairperson and Vice-Chairperson and the members of the City Council shall serve as Members of the Planning and Zoning Commission and shall have the power to employ such qualified persons as may be necessary for the proper conduct of planning and zoning, land use planning, subdivision requirements and flood plain control; and to pay for their services and such other necessary expenses provided that the cost of the services and expenses shall not exceed the amount budgeted by the City Council for those purposes.
(2) The City Council shall have the power to make regulations for its own practices and procedures which shall conform as nearly as possible to those governing the City Council in its other conduct of city business, the rules shall include among other items, provisions for:
(a) Regular and special meetings open to the public;
(b) Records of its proceedings to be open for inspections by the public;
(c) Reporting to the public from time to time; and
(d) For the holding of public hearings prior to the adoptions of its recommendations.
(C) Council’s function as Planning and Zoning Commission. The City Council while serving as a Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts for the future development and redevelopment of the municipality and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan of ordinances for zoning the city and in accordance with the applicable laws of the State of Texas. The Council as Planning and Zoning Commission shall perform such duties as may be prescribed by ordinance or state law.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
In interpreting and applying the provisions of this subchapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this subchapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this subchapter imposes a greater restriction upon the building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provision of this subchapter shall govern.
(Ord. 3-86, passed 6-12-1986)
PLATS AND SUBDIVISIONS
(A) In the interpretation and application of the provisions of this subchapter, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the city and in its extra-territorial jurisdiction; and, where other ordinances of the city are more restrictive in their requirements, those ordinances shall control.
(B) The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and within the extra-territorial jurisdiction of the city are authorized by Tex. Loc. Gov’t Code, Ch. 212.
(C) The extra-territorial jurisdiction of the city is now one-half mile from the corporate limits. As the city grows, the extra-territorial jurisdiction will be extended in accordance with Tex. Loc. Gov’t Code, Ch. 43 and the requirements of this subchapter shall be extended into any and all new areas of extra-territorial jurisdiction.
(Ord. 11-5-98, passed 11-5-1998)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices.
CITY ENGINEER. The city’s on-staff engineer or consulting engineer.
COUNCIL. The City Council of Godley, Texas.
EASEMENT. A right granted for the purpose of limited public or semi-public use across, under or over private land.
FILING. The state mandated 30-day period for action on any document submitted in accordance with this subchapter under Tex. Loc. Gov’t Code, § 212.009 shall begin when:
(1) The preliminary plat is deemed filed when all fees, documents and drawings required hereunder are filed with the City Secretary;
(2) The final plat is deemed filed when the approved preliminary plat along with any stipulations and/or conditions required by the Commission have been filed with the City Secretary as a final plat and when all necessary fees, documents, certifications and drawings required hereunder are in the possession of the City Secretary;
(3) If at any time the City Secretary deems that required information has not been provided for whatever reason, the filing shall be deemed canceled and begin again upon the filing of the required information; and
(4) A rejected document, during the appeal, is deemed unfiled and time limits are tolled (the appeal will be heard at the next meeting of the Commission or Council or ten days, which ever is shortest).
FINAL PLAT. A complete and exact subdivision plan submitted to the Council for final approval and which, if approved, shall be submitted to the County Clerk of Johnson County, Texas, for recording.
LOT. Any land occupied by a building and its accessory buildings, including such open space as is required by ordinances of the city; and having its principle frontage upon a public street or officially-approved place.
LOT OF RECORD. Any lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Johnson County.
PUBLIC WORKS DIRECTOR. The person designated by the Mayor to administer the provisions of this subchapter.
STREET. A way for vehicular traffic, whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) ARTERIAL STREETS AND HIGHWAYS. Those which are used primary for fast or heavy traffic or which are designated in the Master Plan as a primary street, expressway or freeway.
(2) COLLECTOR STREETS. Those which carry traffic from minor streets to a major system of arterial streets and highways, including the principle entrance streets of a residential development and streets for circulation within the development and which are designated in the Master Plan as secondary streets.
(3) CUL-DE-SAC. A short, minor street having but one vehicular access to another street and terminated by a vehicular turn-around.
(4) DEAD-END STREET. A street with only one opening, other than a cul-de-sac.
(5) MARGINAL ACCESS STREETS. Minor streets which are parallel and adjacent to arterial streets and highways, and which provide access to abutting property and protection from through traffic.
(6) MINOR STREETS. Those which are used primarily for access to abutting property.
STANDARD. The official city maps, master plan, ordinances and other specifications of the city.
SUBDIVISION AND RELATED TERMS. The division of a parcel of land into tracts of land; the dedication of streets or easements; or for use for building development, provided that a division of land for agricultural purposes into lots or tracts of five acres or more, and not involving a new street or alley, shall not be deemed to be a subdivision. The term RESUBDIVISION and, when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided. The terms SUBDIVIDER and DEVELOPER are synonymous and are used interchangeably and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and trustee thereof who does, or participates in the doing of, any act towards the subdivision of land within the intent, scope and purview of this division.
(Ord. 11-5-98, passed 11-5-1998; Ord. 02032015-SUBD, passed 2-3-2015)
The subdivider shall avail themselves of the advice and assistance of the city officials and consult early and informally with the Public Works Director, or other person designated, before preparing the preliminary plat and before formal application for its approval in order to save time and money and make the most of available opportunities.
(Ord. 11-5-98, passed 11-5-1998)
(A) A subdivider is encouraged to work with city staff in advance of presenting a preliminary or replat to the city for filing. Prior to the city accepting a preliminary plat or replat for filing it must be in compliance with this subchapter and contain all statutory and ordinance required information. It must be accompanied with all necessary fees and documentation. This prefiling review is recommended, but not mandatory. This administrative review is for form and not content. After the preliminary plat or replat has been reviewed as to form by staff, the subdivider shall be notified of any defects that must be corrected prior to filing. The original or corrected preliminary plat or replat shall be received for filing by the city once this prefiling review is completed. Any preliminary plat or replat that is filed without prefiling review, shall be deemed denied for any violation of required form under this subchapter or state law; and must be refiled with new filing fees. The preplatting process is for the benefit of both the subdivider and the city; and refusal of the subdivider to make use of this assistance will result in a strict interpretation of this subchapter and of state law and a resulting denial for all violations as to required form.
(B) During the platting process, any final plat, preliminary plat or replat that is discovered to be in violation of the mandatory requirements of this subchapter and/or a controlling state statute, by city staff or the engineer named by the city to review the instrument, shall be deemed to be in technical denial. This denial can be cured by the subdivider requesting in writing a return to an unfiled status, while the defect is corrected (the corrected instrument may be refiled and no new fees shall be required for this refiling); or an appeal to the reviewing entity (Planning Commission or City Council) at its next meeting, agenda requirements permitting, or a special called meeting for this purpose within ten working days of the staff denial, for a determination if the defect is of form or concept. If the reviewing entity agrees with the subdivider, the plat, preliminary plat or replat shall be deemed refiled as of the day of the affirmative vote and no new fee shall be required for this refiling. If denied, then the technical denial is affirmed and plat, preliminary plat or replat is deemed to be formally denied.
(C) All plats, replats and associated materials required to be submitted for plat approval shall be received in the office of the City Secretary not later than 3:00 p.m., 14 calendar days prior to the next regular meeting of the Planning and Zoning Board of the city. The City Secretary shall distribute copies of the Subdivision to the Public Works Director and Engineer. In the event a submission is required to be revised, such revision shall be submitted to the City Secretary not less than five working days prior to the Board meeting at which the submission is scheduled to be heard. Otherwise, any such plat shall be deferred to a later Board meeting.
(D) The final plat shall only be filed after all engineering plans have been reviewed and approved (or conditionally approved) by the Public Works Director and/or City Engineer.
(E) Copies:
(1) Preliminary plat. Three copies of the preliminary plat and supplemental materials specified shall be submitted to the city with the filing fee as provided herein; along with written application for approval prior to the Council meeting at which it is to be considered.
(2) Final plat. Three copies of the final plat and supplemental materials specified shall be submitted to the city with the filing fee as provided herein, along with written application for approval prior to the Council meeting at which it is to be considered.
(Ord. 11-5-98, passed 11-5-1998; Ord. 02032015-SUBD, passed 2-3-2015)
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