G-94-02-10-8G - 2/10/1994ORDINANCE NO. a -q 4 -0)-/D-se--
AN
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AN ORDINANCE AMENDING SECTION 3.110, CODE OF
ORDINANCES (1990 EDITION), TO ALLOW THE COUNCIL TO
WAIVE THE REQUIREMENT THAT PROPERTY BE LEGALLY
PLATTED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR
THE CONSTRUCTION OF FOUR (4) RESIDENTIAL UNITS OR LESS;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That Section 3.110, Code of Ordinances (1990 Edition), City of
Round Rock is hereby amended to read as follows:
3.110 CONDITIONS FOR ISSUANCE OF BUILDING PERMITS
FOR RESIDENTIAL CONSTRUCTION OF FOUR (4)
UNITS OR LESS
Except as specifically waived by ordinance adopted by the
City Council, a building permit for residential
construction of four (4) units or less on a lot shall not
be issued until the following conditions have been met:
(1) All applicable requirements of Chapter 8 - Subdivi-
sions have been satisfied;
(2) All applicable special permits have been issued;
(3) (a) All water mains providing service to the
subdivision section in which the lot is
located have been constructed, installed and
connected to the city's water system by the
developer and inspected, tested and approved
by the city;
(b) All on-site wastewater mains providing service
to the subdivision section in which the lot is
located have been constructed and installed by
the developer and inspected, tested and
approved by the city;
(c) All off-site wastewater mains providing
service to the subdivision section in which
the lot is located have been constructed,
KSIORDINANCE
OR02104G.1
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 city
engineer;
(ii) The developer shall deposit with the city
a letter acknowledging that certificates
of occupancy will not be issued until
such time as the city is able to provide
wastewater service to the subdivision and
including a covenant to inform purchasers
of the lots that although building
permits might be issued, certificates of
occupancy will not be issued until
wastewater service is actually available;
(iii) The applicant for the building permit
executes and files with the city a
document acknowledging that the permit is
being requested prior to the lot having
wastewater service and that the applicant
accepts the risk that if the lot does not
have wastewater service available upon
completion of the structure, a certi-
ficate of occupancy will not be issued.
(4) Where curbs and gutters are required by this code,
such have been installed and inspected by the city;
(5) Staff review has been completed; and
(6) All necessary fees have been paid.
II.
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.
2.
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.
tip
READ, PASSED, and ADOPTED on first reading this 1 day
of 12 114,(
, 1994.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
NE LAND, City Secretary
CHARLES CULP'PPMayor
City of Round R ck, Texas
3.
DATE: February 8, 1994
SUBJECT: City Council Meeting, February 10, 1994
ITEM: 8.G. Consider an ordinance amending Section 3.110 Code of
Ordinances to allow the Council to waive the requirement that
property be legally platted and serviced with City water and
wastewater prior to the issuance of a building permit for the
construction of four (4) residential units or less. (First Reading)
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
This ordinance amends Section 3.110 of the City Code to allow the Council to waive
on a case-by-case base the requirement that a tract of land be legally subdivided
before a building permit may be issued.