The following rules and regulations are hereby adopted as the
subdivision regulations of the City of Highland Village, Texas, also
known and cited as the "Highland Village Subdivision Ordinance," and
shall be applicable to the filing of plats and the subdivision of
land, as that term is defined herein and in V.T.C.A., Local Government
Code ch. 212, within the corporate city limits of the City of Highland
Village as they may be from time to time adjusted by annexation or
disannexation and within all the areas of the extraterritorial jurisdiction
of the City of Highland Village as that area may exist from time to
time, as provided by V.T.C.A., Local Government Code ch. 42. The City
shall have all remedies and rights provided by V.T.C.A., Local Government
Code ch. 212 with regard to the control and approval of subdivisions
and plats both within the City and within its extraterritorial jurisdiction.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
In the interpretation and application of the provisions of these
regulations, 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 of Highland
Village and its jurisdiction and superseding the previous subdivision
ordinance.
Subdivision of land is the first step in the process of urban
development. The distribution and relationship of residential, commercial,
industrial, and agricultural uses throughout the community along with
the system of improvements for thoroughfares, utilities, public facilities,
and community amenities determine in large measure the quality of
life enjoyed by the residents of the community. Health, safety, economy,
amenities, environmental sensitivity, and convenience are all factors
which influence and determine a community's quality of life character.
A community's quality of life is of public interest. Consequently,
the subdivision of land, as it affects a community's quality of life,
is an activity where regulation is a valid function of municipal government.
The regulations contained herein are designed and intended to encourage
the development of a quality urban environment by establishing standards
for the provision of adequate light, air, open space, stormwater drainage,
transportation, public utilities and facilities, and other needs necessary
for ensuring the creation and continuance of a healthy, attractive,
safe, and efficient community that provides for the conservation,
enhancement, and protection of its human and natural resources. Through
the application of these regulations, the interests of the public,
as well as those public and private parties, both present and future,
having interest in property affected by these regulations are protected
by the granting of certain rights and privileges. By establishing
a fair and rational procedure for developing land, the requirements
in this ordinance further the possibility that land will be developed
for its most beneficial use in accordance with existing social, economic,
and environmental conditions.
The procedure and standards for the development, layout and
design of subdivisions of land within the corporate limits and extraterritorial
jurisdiction of the City of Highland Village, Texas, are intended
to:
A.
Promote
and develop the utilization of land in a manner to ensure the best
possible community environment in accordance with the comprehensive
plan and the comprehensive zoning ordinance of the City of Highland
Village;
B.
Guide
and assist the developers in the correct procedures to be followed
and to inform them of the standards which shall be required;
C.
Protect
the public interest by supervising the location, design, class and
type of streets, sidewalks, utilities and essential areas and services
required;
D.
Assist
orderly, efficient and coordinated development within the city limits
and extraterritorial jurisdiction;
E.
Provide
neighborhood conservation and prevent the development of slums and
blight;
F.
Harmoniously
relate the development of the various tracts of land to the existing
community and facilitate the future development of adjoining tracts;
G.
Provide
that the cost of improvements to minimum standards which primarily
benefit the tract of land being developed be borne by the owners or
developers of the tract, and that cost of improvements to minimum
standards which primarily benefit the whole community be borne by
the whole community as contained in this ordinance;
H.
Provide
the best possible design for each tract being subdivided;
I.
Provide
the most attractive relationship between the uses of land and buildings
and the circulation of traffic throughout the municipality, having
particular regard to the avoidance of congestion in the streets and
highways, and the pedestrian traffic movements appropriate to the
various uses of land and buildings, and to provide the proper location
and width of streets;
J.
Prevent
pollution of the air, streams, and ponds; to ensure the adequacy of
drainage facilities; to safeguard both surface [water] and groundwater
supplies; and to encourage the wise use and management of natural
resources throughout the municipality in order to preserve the integrity,
stability, and beauty of the community and the value of the land;
K.
Preserve
the natural beauty and topography of the municipality and to ensure
appropriate development with regard to these natural features;
L.
Establish
adequate and accurate records of land subdivision;
M.
Ensure
that public or private facilities are available and will have a sufficient
capacity to serve proposed subdivisions and developments within the
territorial jurisdiction;
N.
Protect
and provide for the public health, safety, and general welfare of
the community;
O.
Provide
for adequate light, air, and privacy; secure safety from fire, flood,
and other danger; and prevent overcrowding of the land and undue congestion
of population;
P.
Protect
the character and the social and economic stability of all parts of
the community and encourage the orderly and beneficial development
of all parts of the community;
Q.
Protect
and conserve the value of land throughout the community and the value
of buildings and improvements upon the land; and minimize the conflicts
among the uses of land and buildings;
R.
Guide
public and private policy and action in providing adequate and efficient
transportation systems, public utilities, and other public amenities
and facilities; and
S.
Encourage
the development of a stable, prospering economic environment.
|
Minimum standards for development are contained in the City's
TCSS manuals, related technical standards, zoning ordinance, the building
code and in this ordinance. However, the comprehensive plan and future
land use plan express policies designed to achieve an optimum quality
of development in the urban area. If only the minimum standards are
followed, as expressed by the various ordinances regulating land development,
a standardization of development will occur. This will produce a monotonous
urban setting. Subdivision design should be of a quality to carry
out the purpose and spirit of the policies expressed in the comprehensive
plan and in this ordinance and is encouraged to exceed the minimum
standards required herein.
|
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
Except as authorized by Section 6.5.C, no permit authorized to be issued pursuant to Chapter 24 of the Code of Ordinances relating to the construction of buildings, structures, or other improvements to property within the City, certificate of occupancy, floodplain permit, or utility tap or certificate of acceptance for required public improvements shall be issued by the City for any parcel or plat of land until a final plat has been approved for the property in accordance with this ordinance and either:
A.
All public
improvements required to be constructed in accordance with this ordinance
or the Comprehensive Zoning Ordinance, including the planting of any
replacement trees as required by the approved tree mitigation plan,
has been completed and approved by the Director of Public Works; or
B.
The owner
or developer of the property which is being subdivided has complied
with Section 6.2 of this ordinance by delivering to the City the required
financial assurance securing completion of construction or installation
of all required improvements, including the planting of all required
replacement trees.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
The provisions of these subdivision regulations, as authorized
by V.T.C.A., Local Government Code §§ 212.001–212.050,
including the technical construction standards and specifications,
shall apply to the following forms of land subdivision and development
activity within the city limits or its extraterritorial jurisdiction:
A.
The division
of land into two or more tracts, lots, sites or parcels; or
B.
All subdivisions
of land whether by metes and bounds division or by plat, which were
outside the jurisdiction of the City's subdivision regulations in
Denton County, Texas, and which subsequently came within the jurisdiction
of the City's subdivision regulations through:
C.
The division
of land previously subdivided or platted into tracts, lots, sites
or parcels subject to and not in accordance with adopted City subdivision
regulations in effect at the time of such subdividing or platting
and having occurred on or after June 2, 1977; or
D.
The combining
of two or more contiguous tracts, lots, sites or parcels for the purpose
of creating one or more legal lots in order to achieve a more developable
site except as otherwise provided herein; or
F.
For tracts
where any public improvements are proposed.
G.
Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts and claims exemption from V.T.C.A., Local Government Code §§ 212.001-212.018 for purposes of development, that results in parcels or lots all greater than five acres in size, or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of V.T.C.A., Local Government Code §§ 212.041-212.050. See Section 2.6 of this ordinance for requirements for development plats.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
The provisions of these subdivision regulations shall not apply
to:
A.
Development
of land legally platted and approved prior to the effective date of
these subdivision regulations except as otherwise provided for herein
(construction of facilities shall conform to construction standards
in effect at the time of construction) and for which no re-subdivision
is sought; or
B.
Development
of land constituting a single tract, lot, site or parcel for which
a legal deed of record describing the boundary of said tract, lot
site or parcel was filed of record in the deed records of Denton County,
Texas, on or before June 2, 1977; or
C.
Sale,
inheritance, or gift of land by metes and bounds of tracts on which
no improvements, subdivision or alteration is occurring; or
D.
Existing
cemeteries complying with all state and local laws and regulations
(does not apply to new cemeteries or expansion of existing cemeteries);
or
E.
Divisions
of land created by order of a court of competent jurisdiction; or
F.
When
a building permit is requested for unplatted or already platted parcels
for the following activities:
1.
Replacement
or reconstruction of an existing primary single-family or duplex structure
but not to exceed the square footage of the original structure;
2.
Additions
(increase in square footage of structure) not over 50 percent of the
existing structure's value and not over 20 percent of the gross floor
area;
3.
Accessory
buildings;
4.
Remodeling
or repair (no expansion of square footage);
5.
Moving a structure off a lot or parcel or for demolition permits.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
All applications for plat approval, including final plats, pending
on the effective date of these regulations and which have not lapsed
shall be reviewed under regulations in effect immediately preceding
the date of adoption of these regulations.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Interpretation.
In their interpretation and application, the provisions of these
regulations shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare. These regulations
shall be construed broadly to promote the purposes for which they
are adopted.
B.
Conflict
with other laws.
These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule or regulation,
statute or other provision of law except as provided in these regulations.
To the extent that these subdivision regulations promulgate standards
or impose restrictions or duties which differ from those imposed by
other City ordinances, rules or regulations, these regulations shall
supersede such other provisions to the extent of any conflict or inconsistency.
C.
Separability.
If any part of provision of these regulations or the application
of these regulations to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, the judgment shall be confined
in its operation to the part, provision, or application directly involved
in the controversy in which the judgment shall be rendered, and it
shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances.
The council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application
which is judged to be invalid.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing, abating, modifying, or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm,
or corporation, or as waiving any right of the City under any section
or provision existing at the time of adoption of these regulations,
or as vacating or annulling any rights obtained by any person, firm,
or corporation, by lawful action of the City except as shall be expressly
provided in these regulations.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
Upon the adoption of these regulations according to law, all subdivision regulations of the City previously in effect are hereby superseded, except as provided in Sections 1.6 and 1.7.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
For the purpose of protecting the public health, safety and
general welfare, the Commission or council may from time to time propose
amendments to these regulations which shall then be approved or disapproved
by the council at a public meeting.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
General.
Where the City Council finds that unreasonable hardships or
difficulties may result from strict compliance with these regulations
and/or the purposes of these regulations may be served to a greater
extent by an alternative proposal, it may approve special exceptions
to these subdivision regulations so that substantial justice may be
done and the public interest secured; provided that the special exception
shall not have the effect of nullifying the intent and purpose of
these regulations; and further provided the City Council shall not
approve special exceptions unless it shall make findings based upon
the evidence presented to it in each specific case that:
1.
The
granting of the special exception will not be detrimental to the public
safety, health, or welfare or injurious to other property;
2.
The
conditions upon which the request for a special exception is based
are unique to the property for which the special exception is sought
and are not applicable generally to other property;
3.
Because
of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience, if the strict
letter of these regulations is carried out;
4.
The
special exception will not in any manner vary the provisions of the
zoning ordinance or comprehensive plan, future land use plan, thoroughfare
plan, and other adopted plans, except that those documents may be
amended in the manner prescribed by law;
5.
An
alternate design will achieve the same result or intent as the standards
and regulations prescribed herein.
B.
Criteria
for special exceptions from development exactions.
Where
the City Council finds that the imposition of any development exaction
pursuant to these regulations exceeds reasonable benefit to the property
owner or is so excessive as to constitute confiscation of the tract
to be platted, it may approve special exceptions to such requirements,
so as to prevent such excess.
C.
Conditions.
In approving special exceptions pursuant to Section 1.2.B.,
the City Council may require such conditions as will, in its judgment,
secure substantially the purposes described in Section 1.2.
D.
Procedures.
1.
A
petition for a special exception shall be submitted in writing by
the property owner at the time when the development plat, preliminary
plat or final plat is filed for the consideration of the Commission.
The petition shall state fully the grounds for the application and
all of the facts relied upon by the petitioner.
2.
Where
a hardship is identified in a land study which will result in a request
for a special exception, the Commission may recommend a conditional
special exception. A conditional special exception shall receive final
approval along with a preliminary plat (or final plat, of no preliminary
plat is required), provided that the preliminary plat (or final plat)
conforms to the land study and no new information or reasonable alternative
plan exists which, at the determination of the council, voids the
need for a special exception. All special exceptions shall have final
approval or disapproval by the City Council.
E.
Criteria
for special exceptions for street exactions.
Where the
City Council finds that the imposition of any dedication or construction
requirement for streets pursuant to these regulations exceeds reasonable
benefit to the property to be platted, it may approve special exceptions
to such requirements, so as to prevent such excess. In order to qualify
for a special exception under this Section, the property owner shall
demonstrate that the costs of right-of-way dedication and/or construction
for non-local streets imposed pursuant to these regulations substantially
exceeds the incremental costs of providing land and transportation
improvements necessary to offset the additional traffic impacts generated
by or attributable to the development on the transportation network
serving the property, including that which may be generated by or
attributed to other phases to be platted.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Violations
and penalties.
Any person who violates any of these regulations
for lands within the corporate boundaries of the City shall be subject
to a fine of not more than $2,000.00 per occurrence, per day, pursuant
to the V.T.C.A., Local Government Code § 54.001 et seq., as amended.
B.
Civil
enforcement.
Appropriate civil actions and proceedings
may be maintained in law or in equity to prevent unlawful construction,
to recover damages, to impose additional penalties, to restrain, correct,
or abate a violation of these regulations, whether such violation
occurs with respect to lands within the corporate boundaries of the
City or within the City's extraterritorial jurisdiction, pursuant
to the V.T.C.A., Local Government Code § 54.012 et seq., as amended.
These remedies shall be in addition to the penalties described above.
C.
Restitution.
Any person found guilty of violating Section 4.3 of the regulations may be ordered to provide restitution of illegally removed protected trees and/or specimen trees. Such restitution for illegally removed protected trees shall be up to two times the caliper measured in inches at 4-1/2 feet above ground level. Such restitution of illegally removed specimen trees shall be up to ten times the caliper inch of the specimen tree removed. Such replacement trees shall have minimum caliper width of four inches, measured at six inches above ground level, and not more than six inches of caliper width measured at 12 inches above ground level. Replacement trees shall have a minimum height of 14 feet. Any ordered restitution shall be a credit against any ordered fine, and the aggregate value of ordered replacement trees and fines per occurrence, for illegally removed protected trees, shall not exceed $2,000.00 and each tree shall constitute a separate offense. For illegally removed specimen trees, any ordered restitution shall be a credit against any ordered fine. A monetary penalty of $500.00 per caliper inch of width of illegally removed specimen tree shall be imposed, and each tree shall constitute a separate offense.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
No person
who owes delinquent taxes, delinquent paving assessments or any other
delinquent debts or obligations to the City and which are directly
attributable to a piece of property shall be allowed to record an
approved plat or replat until the taxes, assessments, debts, or obligations
directly attributable to said property and owed by the owner or previous
owner thereof shall have been first fully discharged by payment, or
until an arrangement satisfactory to the City Manager has been made
for the payment of such debts or obligations. It shall be the applicant's
responsibility to provide evidence or proof that the taxes have been
paid.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
No application for a plan or plat shall be placed on the agenda
of the Commission or City Council until after such application has
been determined by the City Manager or the Community Development Coordinator
to be administratively complete in accordance with this Ordinance.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Misrepresentation
or failure to include.
It shall be unlawful for any person
to knowingly or willfully misrepresent, or fail to include, any information
required by this ordinance on any application for annexation, zoning,
development, or subdivision of property.
B.
Penalties
and exceptions.
If any applicant for such hearing, or any owner of property subject to such hearing, shall allow such hearing before the planning and zoning Commission and/or the City Council to be heard in violation of any of the provisions of the ordinance, such person shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty in accordance with Section 1.12.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
Definitions not expressly prescribed herein are to be determined in
accordance with customary usage in municipal planning and engineering
practices. The word "shall" is always mandatory, while the word "may"
is merely directory.
A.
Addition.
One lot, tract or parcel of land
lying within the corporate boundaries of the City which is intended
for the purpose of development.
B.
Administrative officers.
Any office referred
to in this chapter, or ordinance, by title, i.e., City Manager, City
Attorney, City Secretary, city planner, director of community development,
City Engineer, director of public works, etc., shall be the person
so retained in this position by the City, or his duly authorized representative.
This definition shall also include engineering, planning and other
consultants retained by the City to supplement or support existing
City staff as deemed appropriate by the City.
C.
Administratively complete application.
A plat
application that has been determined by the City Manager or Community
Development Coordinator to be accompanied by all documents and information
required by and prepared in accordance with the requirements of this
Subdivision Ordinance and all application, review, and impact fees
as may be enacted from time to time by the City Council that must
be paid at time of filing the plat application have been paid.
D.
Alley.
A minor public right-of-way not intended
to provide the primary means of access to abutting lots, which is
used primarily for vehicular service access to the back or sides of
properties otherwise abutting on a street.
E.
Amended plat.
A revised plat correcting errors
or making minor changes to the original recorded final plat; also
termed amending plat.
F.
Amenity.
An improvement to be dedicated to
the public or the common ownership of the lot owners of the subdivision
and providing an aesthetic, recreational or other benefit, other than
those prescribed by this ordinance.
G.
Block length.
For a residential subdivision,
that distance of a block face measured along the centerline of a right-of-way
from one street intersection to another or to the midpoint of a cul-de-sac
or to a 90-degree turn.
H.
Bond.
Any form of a surety bond in an amount
and form satisfactory to the City.
I.
Building setback line.
The line within a property
defining the minimum horizontal distance between a building or other
structure and the adjacent street line.
J.
Capital improvements program.
The official
proposed schedule of all future public projects listed together with
cost estimates and the anticipated means of financing each project,
as adopted by City Council.
K.
City.
The City of Highland Village, Texas,
together with all its governing and operating bodies.
L.
City engineer.
City Engineer shall apply only
to such registered professional engineer or firm of registered professional
consulting engineers that has been specifically employed by the City.
M.
City manager.
The person holding the position
of City Manager as appointed by the City Council according to the
City Charter.
N.
Commission.
The planning and zoning Commission
of the City.
O.
Comprehensive plan.
The phrase "comprehensive
plan" shall mean the comprehensive plan of the City and adjoining
areas as adopted by the City Council and the Commission, including
all its revisions. This plan indicates the general location recommended
for various land uses, transportation routes, public and private buildings,
streets, parks, water, sewer and other public and private developments
and improvements.
P.
Concept plan.
A sketch drawing of initial development
ideas superimposed on a topographic map to indicate generally the
plan of development and to serve as a working base for noting and
incorporating suggestions of the City Manager, Commission, engineer,
or others who are consulted prior to the preparation of the preliminary
plat.
Q.
Construction plan or drawing.
The maps or drawings
accompanying a plat and showing the specific location and design of
public improvements to be installed in the subdivision or addition
in accordance with the requirements of the City as a condition of
the approval of the plat.
R.
Contiguous.
Lots are contiguous when at least
one boundary line of one lot touches a boundary line or lines of another
lot.
S.
Council or city council.
The duly elected governing
body of the City.
T.
Cul-de-sac.
A street having but one outlet
to another street and terminated on the opposite end by a vehicular
turnaround.
U.
Dead-end street.
A street, other than a cul-de-sac,
with only one outlet.
V.
Easement.
An area for restricted use on private
property upon which a public utility shall have the right to remove
and keep removed all or part of any buildings, fences, trees, shrubs,
or other improvements or growths which in any way endanger or interfere
with the construction, maintenance, or efficiency of its respective
systems on any of these easements. The public utility shall at all
times have the right of ingress and egress to and from and upon the
said easements for the purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, and adding to or removing all or part of
its respective systems without the necessity at any time of procuring
the permission of anyone.
W.
Escrow.
A deposit of cash with the City in
accordance with City policies.
X.
Final plat (also record plat or file plat).
The one official and authentic map of any given subdivision of land
prepared from actual field measurement and staking of all identifiable
points by a surveyor or engineer with the subdivision location referenced
to a survey corner and all boundaries, corners, and curves of the
land division sufficiently described so that they can be reproduced
without additional references. The final plat of any lot, tract, or
parcel of land shall be recorded in the records of Denton County,
Texas. An amended plat is also a final plat.
Y.
Improvement or developer agreement.
A contract
entered into by the developer and the City by which the developer
promises to complete the required public improvements within the subdivision
or addition within a specified time period following final plat approval.
Z.
Land study.
A general plan for an area proposed
for partial or complete subdivision. The land study shall show the
proposed locations of land uses, streets, phasing of development,
important physical features, and other applicable information for
the entire area to be subdivided.
AA.
Land planner.
Persons including surveyors or
engineers who possess and can demonstrate a valid proficiency in the
planning of residential, commercial, industrial, and other related
developments; such proficiency often having been acquired by education
in the field of landscape architecture or other specialized planning
curriculum and/or by actual experience and practice in the field of
land planning, and may be a member of the American Institute of Certified
Planners.
BB.
Lot or lot of record.
A divided or undivided
tract or parcel of land having frontage on a public street and which
is or in the future may be offered for sale, conveyance, transfer
or improvement; which is designated as a distinct and separate tract;
and which is identified by a tract or lot number or symbol in a duly
approved subdivision plat which has been properly filed of record.
CC.
On-site facilities or improvements.
Those existing
or proposed facilities or improvements constructed within the property
boundaries of the plat. On-site shall also mean those existing or
proposed facilities required to be constructed or improved immediately
adjacent to the property which are required to serve the development.
These include streets, water lines, sewer lines, storm drainage, curb
and gutter, and any other construction or reconstruction to serve
the property.
DD.
Official filing date.
The date a plat application
has been determined to be administratively complete and accepted for
filing.
EE.
Off-site facilities or improvements.
Those
facilities or improvements required for service to the site but not
located within the boundaries of the plat. These include all oversizing
for streets, sewer lines, water lines, storm drainage, as well as
the excess capacity of facilities such as water storage tanks and
wastewater treatment plants available for new development.
FF.
Pavement width.
The portion of a street available
for vehicular traffic. Where curbs are laid, it is the portion face
to face.
GG.
Perimeter street.
Any existing or planned street
which abuts the subdivision or addition to be platted.
HH.
Person.
Any individual, association, firm,
corporation, governmental agency, or political subdivision.
II.
Plan.
A subdivision development plan, including
a subdivision plan, subdivision construction plan, site plan, land
development application, and site development plan required to be
submitted and approved pursuant to these Subdivision Regulations.
JJ.
Planning and zoning commission.
Same as Commission.
KK.
Plat application.
An application for any of
the following submitted pursuant to this ordinance: preliminary plat,
final plat, replat, minor plat, and amended plat.
LL.
Preliminary plat.
The graphic expression of
the proposed overall plan for subdividing, improving, and developing
a tract shown by superimposing a scale drawing of the proposed land
division on a topographic map and showing in plan existing and proposed
drainage features and facilities, street layout and direction of curb
flow, and other pertinent features with notations sufficient to substantially
identity the general scope and detail of proposed development.
MM.
Protected tree.
Any existing living tree of a species or type listed in "Appendix A, Recommended Tree List" and which has single or multiple trunks of six-inch caliper or greater, measured at 4-1/2 feet above natural grade level, and at least 12 feet high, located outside of the buildable area of a building lot or site as included on a final plat approved by the City Council and filed in the plat records of Denton County, Texas.
NN.
Public improvements.
The public improvements
described in Section 5.1(C) hereinafter.
OO.
Replatting.
The resubdivision of any part or
all of any block or blocks of a previously platted subdivision, additional
lot or tract.
PP.
Right-of-way.
A parcel of land occupied or
intended to be occupied by a street or alley. Where appropriate right-of-way
may include other facilities and utilities, such as sidewalks, railroad
crossings, electrical, communication, oil or gas, water or sanitary
or storm sewer facilities, or for any other special use. The use of
right-of-way shall also include parkways and medians outside of pavement.
The usage of the term "right-of-way" for land platting purposes shall
mean that every right-of-way hereafter established and shown on a
final plat is to be separate and distinct from the lots or parcels
adjoining such right-of-way and not included within the dimensions
or areas of such lots or parcels.
QQ.
Specimen tree.
A tree which has a circumference
of 50 percent, measured in inches at 4-1/2 feet above ground level,
of the same such tree as listed in the most current edition of the
Big Tree Registry, as amended, published by the Texas Forest Service,
shall be considered a specimen tree. A copy of said registry shall
be available for review in the office of community services. In addition
to the above, a specimen tree shall be any other tree that has been
designated by the City Council, upon recommendation by the tree board,
after public hearing and due notice to the owner of the tree, to be
of high value because of its type, size, age, historical value or
relevant criteria.
RR.
Street.
A public right-of-way, however designated,
which provides vehicular access to adjacent land.
1.
Major thoroughfares
(also arterial
streets, primary thorough. fares, etc.) provide vehicular movement
from one neighborhood to another, to distant points within the urban
area or to freeways or highways leading to other communities.
2.
Collector streets
(also feeder streets,
secondary thoroughfares, etc.) provide vehicular circulation within
neighborhoods and from minor streets to major thoroughfares.
3.
Local residential streets
(also minor
thoroughfares or streets, etc.) are primarily for providing direct
vehicular access to abutting residential property.
SS.
Street improvement.
Any street or thoroughfare,
together with all appurtenances required by City regulations to be
provided with such street or thoroughfare, including but not limited
to, sidewalks, drainage facilities to be situated in the right-of-way
for such street or thoroughfare, traffic-control devices, streetlights,
and street signs, for which facilities the City will ultimately assume
the responsibility for maintenance and operation.
TT.
Street right-of-way.
The shortest distance
between the lines which delineate the rights-of-way of a street.
UU.
Subdivider.
Any person or any agent thereof,
dividing or proposing to divide land so as to constitute a subdivision
as that term is defined herein. In any event, the term "subdivider"
shall be restricted to include only the owner, equitable owner, or
authorized agent of such owner or equitable owner, such as a developer,
or land sought to be subdivided.
VV.
Subdivision (also addition).
A division or
redivision of any tract of land situated within the corporate limits,
or within the extraterritorial jurisdiction of such limits, for the
purpose of transfer of ownership, layout of any subdivision of any
tract of land or any addition, or for the layout out of building lots,
or streets, alleys or parts of other portions for public use or the
use of purchasers or owners of lots fronting thereon or adjacent thereto.
WW.
Substandard street.
An existing street or road
that does not meet the minimum specifications in the thoroughfare
master plan and City construction standards and specifications and
is not constructed to the ultimate extent for the type of roadway
it is designated for in the major thoroughfare plan. A standard street
is a street or road that meets or exceeds said standard specifications
and major thoroughfare plan.
XX.
Surveyor.
A licensed state land surveyor or
a registered public surveyor, as authorized by the state statutes
to practice the profession of surveying.
YY.
Technical construction standards and specifications (TCSS).
Those standards and specifications approved from time
to time by the City Council to ensure proper installation of the improvement
required by this ordinance. The TCSS manuals shall be collectively
the most recent edition of following documents and shall be available
for review or purchase at City's offices during normal business hours.
The TCSS manuals will supersede the City of Dallas Public Works Paving
Design Manual, or as recommended by the City Engineer.
1.
City
of Highland Village Drainage Criteria Manual.
2.
Stormwater
Quality Best Management Practices for Construction Activities North
Central Texas.
3.
City
of Dallas Department of Public Works Paving Design Manual as may be
amended by the City of Highland Village.
4.
Standard
Specifications for Public Works Construction, published by the North
Central Texas Council of Governments, as may be so amended.
6.
City
of Highland Village TCSS Manuals: Utility/Drainage/Miscellaneous Specifications.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
