G-10-08-26-9C3 - 8/26/2010ORDINANCE NO. — Lo— D$— 4—L fr
AN ORDINANCE AMENDING CHAPTER 3, BUILDING
REGULATIONS, SECTION 3.100 BUILDING CODE, CODE OF
ORDINANCES (1995 EDITION) TO CHANGE TERMINOLOGY FROM
THE DEVELOPMENT REVIEW COMMITTEE TO THE
DEVELOPMENT SERVICES OFFICE AND DSO MANAGER(S); AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
ARTICLE 1
That Chapter 3, Section 3.108 Conditions for Issuance of Building Permits for
Residential Construction of Four (4) Units or Less, Subsection (3), Paragraph (c), Sub -
Paragraph (i) is hereby amended to read as follows:
3.108 CONDITIONS FOR ISSUANCE OF BUILDING PERMITS FOR
RESIDENTIAL CONSTRUCTION OF FOUR (4) UNITS OR LESS
(3)
(c)
All off-site wastewater mains providing service to the subdivision section in
which the lot is located have been constructed, installed and connected to the
city's wastewater system by the developer and inspected, tested and approved by
the city; provided, however, if the foregoing condition is not met then the
following terms will apply:
(i) The developer shall deposit with the city a performance bond or bank
letter of credit acceptable to the city attorney equal to the cost of the off-
site improvements as estimated by the DSO Engineer;
ARTICLE 2
That Chapter 3, Section 3.110 Conditions for Issuance of Building Permits for
Commercial, Industrial or Residential Construction of More Than Four (4) Units,
Subsection (5), Paragraph (c), Sub -Paragraph (i) is hereby amended to read as follows:
3.110 CONDITIONS FOR ISSUANCE OF BUILDING PERMITS
FOR COMMERCIAL, INDUSTRIAL OR RESIDENTIAL
CONSTRUCTION OF MORE THAN FOUR (4) UNITS
(5)
(c) All off-site wastewater mains providing service to lot or tract have been
constructed, installed and connected to the city's wastewater system by the
developer and inspected, tested and approved by the city provided, however, if
the foregoing condition is not met then the following terms will apply:
(i) The developer shall deposit with the city a performance bond or bank
letter of credit acceptable to the city attorney equal to the cost of the off-
site improvements as estimated by the DSO Engineer;
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ARTICLE 3
That Chapter 3, Section 3.111 Conditions for Issuance of Building Permits for
Parking Lots and Access Drive is hereby amended to read as follows:
3.111 CONDITIONS FOR ISSUANCE OF BUILDING PERMITS
FOR PARKING LOTS AND ACCESS DRIVES
A building permit shall be required for the expansion of existing parking facilities and/or access
drives and for the construction of new parking facilities and/or access drives for any existing
commercial or industrial use or for a residential use of more than four (4) units. Such permit shall
not be issued until the following conditions have been met:
(1) The design of all proposed curb cuts has been accepted by the DSO Engineer and a street
cut permit has been issued;
(2) The drainage plan has been accepted by the DSO Engineer and all applicable
requirements of Section 3.1200 of this Chapter have been met;
(3) All landscape ordinance requirements have been met and approved by the DSO Planner;
(4) All necessary fees have been paid; and
(5) The design of all parking facilities and the location of all access drives has been approved
by the DSO Manager(s).
ARTICLE 4
That Chapter 3, Section 3.113 Filing of Applications, Subsection (1) Application
Filed is hereby amended to read as follows:
3.113 FILING OF APPLICATIONS
For all applications filed under this Chapter, the following shall apply:
(1) Application Filed
Pursuant to Texas Local Government Code, Chapter 245, as amended, the rights to which
an applicant is entitled shall accrue on the filing of an application that gives the City fair
notice of the project and the nature of the permit sought. An application is considered
filed on the date the applicant mails by certified mail or delivers the application to the
following address:
City of Round Rock
Public Works Department
Attn: Chief Building Official
2008 Enterprise Drive
Round Rock, TX 78664
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ARTICLE 5
That Chapter 3, Section 3.114 Certificates of Occupancy, Subsection (2) Multi -
Building Proiects and Phased Plans for Multi -Building Proiects, Paragraph (a) is hereby
amended to read as follows:
3.114 CERTIFICATES OF OCCUPANCY
(2) Multi -Building Projects and Phased Plans for Multi- Building Projects
(a) Except as provided below, it shall be unlawful for any person to use or occupy
any building or structure or portion thereof in a multi -building or structure
project on a single platted lot until the Building Official has issued a Certificate
of Occupancy or Temporary Certificate of Occupancy for every building or
structure in the project. Certificates of Occupancy may be issued for separate
buildings or structures in a multi -building project on a single platted lot if the
owner or developer submits a plan ("Phasing Plan") as part of the site plan
submitted for review and approval to the City's Development Services Office
("DSO") as provided under Section 11.202, Round Rock Code of Ordinances
that:
(i) requests that the multi -building project ("Phased Project") be developed
and inspected in phases;
(ii) indicates the specific sequencing of the Phasing Plan and the number of
buildings for each phase;
(iii) indicates the site improvements showing access, utilities and fire
protection for each building and phase; and
the DSO Manager(s) approve(s) the Phasing Plan.
ARTICLE 6
That Chapter 3, Section 3.114 Certificates of Occupancy, Subsection (3) Issuance,
Paragraph (a), Sub -paragraph (v) is hereby amended to read as follows:
3.114 CERTIFICATES OF OCCUPANCY
(3) Issuance
(a) Prior to issuance of a Certificate of Occupancy, the following criteria must be
met:
(v) The site improvements shown in the site development plans (the "Plans")
approved by the DSO Manager(s) of the City have been completed and
have passed all inspections conducted by the Construction Inspection
Division of the Public Works Department;
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ARTICLE 7
That Chapter 3, Section 3.114 Certificates of Occupancy, Subsection (3) Issuance,
Paragraph (b), Sub -paragraph (xiii) is hereby amended to read as follows:
3.114 CERTIFICATES OF OCCUPANCY
(3) Issuance
(b) Upon meeting the requirements provided for in (a) above, the Building Official
shall issue a Certificate of Occupancy that contains the following:
(xiii) The Certificate must be dated and contain the name and signature of the
DSO Manager(s).
ARTICLE 8
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not invalidate
other sections or provisions thereof
C. The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Ordinance and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the Council
members present, the requirement for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this ali day of
, 2010.
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Alternative 2.
2010.
READ and APPROVED on first reading this the day of
READ, APPROVED and ADOPTED on second reading this the day of
, 2010.
ATTEST:
SARA L. WHITE, City Secretary
A_---'
ALXN MCGRAW, Mayor
City of Round Rock, Texas
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 9C3.
Ci Council A
enda Summar Sheet
..._............._._ .
Consider an ordinance amending Chapter 3, Section 3.100 Building Code, Code or
Ordinances, to change terminology from the Development Review Committee to the
Agenda Caption: Development Services Office. (First Reading)
Meeting Date: August 26, 2010
Department: Administration
Staff Person making presentation: Brad Wiseman
Development Services Manager
Item Summary:
The purpose of this ordinance is to amend the Code of Ordinances to incorporate the Development Services Office
(DSO) process. This amendment transfers decision making authority from the Development Review Committee
(DRC) to the DSO thereby reflecting the City's reorganization.
Strategic Plan Relevance:
High Performance Government
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Adoption