§ 52-45. Right-of-way and easement dedication requirements.

(a)

Under the constitution and laws of the State of Texas and the provisions of this ordinance, the zoning power of the city is hereby exercised for the purpose of promoting the health, safety, morals and general welfare of the general public under a comprehensive plan designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements, and the city council finds that transportation, water, sewerage, drainage and public utility facilities are not adequate to lessen congestion in the streets, to secure safety from fire and panic, to prevent insanitary conditions, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, drainage, sewerage and other public requirements in the area zoned herein should any portion of said area be developed for residential or professional or commercial or industrial or agricultural or amusement or airport purposes and uses or a combination of any of said purposes and uses and the city shall regulate the use of all of the property rezoned herein in order to lessen the congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, drainage, sewerage and other public requirements and in so regulating the use of said property does hereby require that prior to the issuance of a building permit and certificate of occupancy that the primary means of access have a minimum right-of-way width along the entire frontage of the property in accordance with the master street plan of the City of Irving; and further, if property should be a corner lot, said property shall have access to both streets having a minimum right-of-way width prior to issuance of a building permit and certificate of occupancy in accordance with the master street plan of the City of Irving (corner lots shall be considered to front on each street for purposes of determining minimum right-of-way).

Before the issuance of a building permit and certificate of occupancy, the owner shall cause to exist right-of-way for drainage, sewerage, water and utility as the director of public works shall determine to be reasonable and necessary to facilitate adequate provision for water, sewerage, drainage and utilities.

(b)

Nothing in the above provision shall be interpreted as requiring the dedication of property.

(c)

In order to secure safety from fire, panic and other dangers and to facilitate the adequate provision of transportation, water, sewerage, drainage, public utilities and prevent insanitary conditions, prior to the issuance of a building permit, the department of public works shall determine whether or not the owner of land zoned herein must file a plat showing existing and proposed watercourses, drainage, drainage ditches, widths and dimensions of proposed street or streets, alleys, easements, drainage facilities, lot lines, building setback lines, topographical information with contours at an interval of one foot referred to city data with reference to bench marks where available, which contours shall fall within one-third of a contour interval of their true location although contour intervals of five (5) feet may be allowed if the terrain is steep enough to warrant these intervals as well as other information reasonably required by the department of public works to determine the safety and effect of the proposed development and construction on the citizens of the City of Irving. No building permit shall be issued until the department of public works has either approved said plat or determined a plat is not required.

(d)

Notwithstanding any provisions above, a property shall not be required to be platted or replatted as a result of right-of-way acquisition by a governmental agency, as defined in section 52-47a, which would not otherwise be required to plat or replat.

(Ord. No. 2064, § 1, 2-11-71; Ord. No. 4463, § 5, 7-19-84; Ord. No. 6883, § 2, 10-3-96)