A.
Complete
application determination.
Every plat application shall
be subject to a determination of administrative completeness by the
City Manager or Community Development Coordinator. No plat application
shall be accepted for processing unless it is determined to be an
administratively complete application.
B.
Development
review committee.
For the purposes of assisting the Community
Development Coordinator in the review of a plat application, there
is hereby established a Development Review Committee, chaired by the
Director of Public Works and composed of those City employees, county
employees and utility company representatives selected by the City
Manager to serve because of their specialized or technical knowledge
of urban development issues.
C.
Incompleteness
as grounds for conditional approval or denial.
The processing
of a plat application by any City official or employee prior to the
time the application is determined to be administratively complete
shall not be binding on the City as the official acceptance of the
application for filing, and the incompleteness of the plat application
shall be grounds for conditional approval, denial or revocation of
the application. A determination of administrative completeness shall
not constitute a determination of compliance with the substantive
requirements of these Subdivision Regulations.
D.
Pre-application
conference.
A property owner may request a pre-application
conference with the Community Development Coordinator for purposes
of identifying requirements that apply to a proposed plat application.
The request shall be made in writing on a form prepared by the Community
Development Coordinator and shall state that any proposed development
concept discussed at the pre-application conference is not intended
as a plan of development or plat application.
E.
Time
for making determination.
Following submission of a plan
of development or plat application, the City Manager or Community
Development Coordinator shall make a determination in writing whether
the plan or plat application is administratively complete not later
than the tenth business day after the date the application is submitted.
The determination shall specify the documents or other information
needed to complete the plat application and shall state the date the
application will expire if the documents or other information is not
provided.
F.
Deemed
complete.
A plat application shall be deemed complete
on the expiration of the 10th business day after the application has
been received if the applicant has not otherwise been notified that
the application is not administratively complete.
G.
Time
for completing application.
If a plat application is
not determined to be administratively complete on or before the 45th
calendar day after the application is initially submitted to the City
for processing the application in accordance with his or her written
notification, the plat application will be deemed to have expired
and it will be returned to the applicant together with any accompanying
documents. Thereafter, a new plat application must be submitted. The
City may retain any fee paid for reviewing the application for completeness.
H.
Vested
rights.
No vested rights accrue solely from the filing
of a plat application that has expired pursuant to this Section, or
from the filing of an administratively complete plat application that
is subsequently denied.
I.
Official
filing date.
The time period established by state law
or these subdivision regulations for processing or deciding a plat
application shall commence on the official filing date.
J.
Action
by commission.
The City Manager or Community Development
Coordinator shall place a plat application on a scheduled meeting
of the Commission prior to the expiration of 30 days following the
official filing date of the application. The Commission shall recommend
the City Council approve, approve with conditions, or disapprove the
final plat application. If the Commission recommends the plat application
be approved with conditions or disapproved, the Commission shall identify
requirements set forth in these Subdivision Regulations which must
be satisfied to obtain unconditional approval of such application.
The Commission may not table the consideration of any plat application.
The applicant may elect to withdraw the application at any time prior
to the action of the Commission and may resubmit the project with
no additional fees if the plat application is resubmitted within 60
days. Any resubmission will be treated as an original application.
Failure of the Commission to take action on a plat application within
30 days of the official filing date, the Commission shall be deemed
to have recommended approval of the application to the City Council.
K.
Action
by city council.
The City Council shall act to approve,
approve with conditions, or deny a plat application not later than
30 days after the date the Commission votes to make its recommendation
on the action the City Council should take on the plat application.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Applicability.
A land study shall be submitted to the planning and zoning Commission
and the City Council for review, evaluation and approval in the following
circumstances:
1.
In
conjunction with an application for preliminary plat approval for
any tract of land over 25 acres in size, or for a smaller tract, where
the land is part of a larger parcel over 25 acres in size which is
ultimately to be developed under the City's subdivision regulations.
2.
In
conjunction with a development plat.
3.
In
any case where a road is to be realigned.
B.
Purpose.
The purpose of the land study is to allow the planning and zoning
Commission and City Council to review the proposed major thoroughfare
and collector street patterns, land use, environmental issues, conformance
to the comprehensive plan, zoning ordinance, future land use plan,
master thoroughfare plan and other applicable plans, and the property's
relationship to adjoining subdivisions or properties (also see Section
3.1.E) and assist in evaluating the impacts of developing the land
to be platted on provision of supporting public facilities and services,
the environment, provision of open space and recreational opportunities
and the general health, safety and general welfare of the community.
C.
Phase
development.
When the preliminary plat or development
plat designates the land to be developed in phases, the land study
area shall include the entire property from which the phase is being
subdivided and an approximate development schedule. Where the applicant
can demonstrate that natural or man-made features, such as thoroughfares
and creeks, make inclusion in the land study of the entire property
unnecessary to adequately review the items listed in the preceding
paragraph, he may request approval from the City Manager or City administrative
official for a smaller land study area. Boundaries such as thoroughfares
(existing or proposed), creeks, political subdivisions, or other such
natural or man-made features may be used to delineate the smaller
study area.
D.
Land
study; scale; inclusions.
The land study shall be prepared
at a scale no smaller than of one inch = 200 feet and showing:
1.
A title
block within the lower right-hand corner of the land study with the
proposed name of the addition, the name and address of the developer
and the land planner, engineer, or surveyor responsible for the design
or survey, the scale of the drawing, the date the drawing was prepared,
and the location of the tract according to the abstract and survey
records of Denton County, Texas.
2.
The
limits of the tract and scale distances with north clearly indicated
to the top or left of the study.
3.
The
names of adjacent additions or subdivisions or the name of the owners
of record of adjoining parcels on unplatted land. The land study shall
include a depiction of all contiguous holdings of the property owners,
the uses of adjacent property, a general arrangement of future land
uses, including the approximate number of lots and any nonresidential
uses anticipated, and a generalized circulation plan.
4.
The
existing zoning and proposes [proposed] uses on adjoining land, the
location, width, and names of all existing or platted streets or other
public ways within or adjacent to the tract, existing permanent buildings,
railroad rights-of-way, and topography with existing drainage channels
or creeks, and other important natural features, all substantial natural
vegetation and trees, adjacent political subdivisions or corporate
limits, and school district boundaries.
5.
The
layout and width of proposed thoroughfares, collector streets, and
intersections, and a general configuration of proposed nonresidential
and residential streets.
6.
A general
arrangement of land uses including, but not limited to, park and school
sites, public facilities, private open space, floodplains and drainageways,
phasing plan, and proposed nonresidential and residential densities
and building heights.
7.
The
phasing of development or the order of platting.
E.
Procedures
and conditions.
The Commission and the City Council shall
review and evaluate the land study to determine whether the proposed
preliminary plat or development plat conforms to the comprehensive
plan and applicable development regulations of the City Code. The
council or the Commission may require additional information to be
submitted to supplement the initial study. Based upon the land study,
the Commission may recommend, and the City Council may require as
a condition of preliminary plat or development plat approval, that
the land to be platted be developed in phases, that proposed phases
be developed in a different sequence or include more or less land,
or that all phases designated be accompanied by a schedule of public
improvements to adequately serve the development under the City's
subdivision standards. A land study may be submitted for review concurrently
with an application for preliminary plat.
F.
Effect
of review.
The land study shall be used only as an aid
to determine the sufficiency of the preliminary plat or development
plat proposed. Any proposed use or development depicted in the land
study shall not be deemed authorized or approved unless the development
is part of the approved preliminary plat or development plat. If the
applicant chooses to plat only the initial phase or phases of a multiphase
project designated in the land study, a new land study may be required
for plat approval of subsequent phases, if proposed development or
conditions affecting the development have substantially changed. The
land study shall be valid for two years unless specifically extended
by the City Council.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
On reaching conclusions at the pre-application conference (informally as recommended in Section 2.1.D above) regarding a general development program and objectives, the subdivider shall prepare a preliminary plat, together with general utility plans, a tree mitigation plan in compliance with Section 4.3, and other required supplementary materials. The preliminary plat shall be in accordance with the policy master plan including all adopted water, sewer, future land uses, parks and thoroughfare plans. The preliminary plat may be prepared by an engineer, land planner, surveyor, or other qualified individual.
B.
Copies
of prints of the proposed subdivision drawn on sheets at a size of
18 inches by 24 inches or 24 inches by 36 inches and drawn to a scale
of 100 feet or 50 feet to the inch shall be submitted in the number
of copies specified by the City. The required number of copies and
any reductions shall be specified by the City staff on an application
form. In cases of large developments which would exceed the dimensions
of the sheet of 100 feet scale, preliminary plats may be 200 feet
to the inch or a scale approved by the City administrative official.
Preliminary plats which do not include the required data, number of
copies and information will be considered incomplete and not accepted
for submission by the City and shall not be scheduled until the proper
information is provided to the City staff. Additional copies of the
preliminary plat may be required if revisions or corrections are necessary.
A preliminary plat, if not preceded by a land study, shall include
all contiguous property under the ownership or control of the applicant.
It may contain more than one phase which, if so, shall be clearly
identified.
C.
Following
review of the preliminary plat and other material submitted for conformity
thereof to these regulations, and discussions with the subdivider
on changes deemed advisable and the kind and extent of improvements
to be installed, the Commission shall act thereon as submitted, or
modified. If approved, the Commission shall recommend its approval
or state the conditions of such approval, if any, or if disapproved,
its disapproval and reasons therefor.
D.
Approval
of a preliminary plat by the City Council following a recommendation
by the Commission shall be deemed approval of the layouts submitted
on the preliminary plat as a guide for the future installation of
streets, water, sewer, and other required improvements and utilities
subject to satisfaction of any conditions set forth by the City Council
at the time of approval of the preliminary plat. Except as provided
herein, approval of the preliminary plat shall constitute conditional
approval of the final plat when all conditions of approval noted as
provided in this Section and any additional requirements relating
to approval of a final plat have been satisfied. Any developer or
subdivision agreements must be approved prior to approval of the final
plat.
E.
No preliminary
plat shall be recommended for approval by the Commission or approved
by the Council unless the following conditions have been satisfied
or information provided:
F.
For subdivisions less than five acres which contain only one lot, the requirement for a preliminary plat may be waived by the director of public works or designated administrative official if no public improvements are being proposed. See Section 4.2 for additional requirements for plats where the requirement for dedication of land for parks or cash in lieu thereof is applicable.
G.
No construction
work shall begin on the public improvements in the proposed subdivision
prior to approval of the final plat by the City Council. The applicant
shall also provide copies of letters from applicable local utility
companies stating that the utility company has reviewed the plat and
stated any requirements. This requirement may be deferred until the
final plat is submitted if approved by the director of public works.
No excavation, except preliminary grading and clearing for streets,
shall occur prior to approval of the final plat.
H.
An application
for preliminary plat may not be deemed administratively complete until
the proposed preliminary plat drawings include all of the following
information and are accompanied by the identified supporting information:
1.
A vicinity
or location map that delineates the location of the proposed preliminary
plat in the City indicating scale or not to scale (NTS) and provide
north arrow.
2.
Boundary
lines, abstract lines, corporate boundaries, existing or proposed
highways and streets, bearings, and distances sufficient to locate
the exact area proposed for the subdivision. Abstract and survey lines
may be noted in the metes and bounds description in lieu of pictorial
description.
3.
The
name and location of all adjoining subdivisions or property owners
of unplatted property shall be drawn to the same scale and shown in
dotted lines adjacent to the tract proposed for subdivision in sufficient
detail to show accurately the existing street and alleys and other
features that may influence the layout of development of the proposed
subdivision adjacent unplatted land shall show property lines and
owners of record.
4.
The
location and widths of all streets, alleys and easements existing
or proposed within the subdivision limits. A list of proposed street
names shall be required to be submitted for all new streets. Approved
street names are required at the time the final plat is approved.
5.
The
location of all existing property lines, existing lot and block numbers
and date recorded, buildings, existing sewer or water mains, gas mains
or other underground structures, easements of record or other existing
features within the area proposed for subdivision.
6.
Proposed
arrangement and square footage of lots (including lot and block numbers)
and proposed use of same. For nonresidential uses, the location and
size of buildings (this information may be provided on separate sheets).
7.
The
title under which the proposed subdivision is to be recorded, the
name and address of the owner with the name of the planner, engineer,
or registered public surveyor preparing the drawing. The subdivision
name shall not be duplicated, but phasing identification is allowed.
The City shall determine if the proposed subdivision identification
will be in conflict with existing plats.
8.
Sites,
if any, to be reserved or dedicated for parks, playgrounds or other
public uses.
9.
Contours
with intervals of two feet or less shown for the area with all elevations
on the contour map referenced to the latest U.S.C. and G.S. data.
10.
Areas
contributing drainage to the proposed subdivision shall be shown on
the preliminary plat or separate map, if necessary. The information
may be shown on a smaller scale supplemental drawing. Locations proposed
for drainage discharge from the site shall be shown by directional
arrows.
11.
All
physical features of the property to be subdivided including location
and size of all watercourses, 100-year floodplain according to Federal
Emergency Management Agency (FEMA) information, Corps of Engineers
flowage easement requirements, ravines, bridges, culverts, existing
structures, drainage area in acres or area draining into subdivisions
and other features pertinent to subdivision.
12.
A
proposed general plan of water and sewer lines and infrastructure
(including sizes) to be constructed in the subdivision shall be shown
on a separate map. The proposed connections to distribution mains
shall be indicated.
13.
Where
a subdivision is proposed to occur in phases, the subdivider, in conjunction
with submission of the preliminary plat, shall provide a schedule
of development. The dedication of rights-of-way for streets and street
improvements, whether on-site or off-site, intended to serve each
proposed phase of the subdivision. The City Council shall determine
whether the proposed streets and street improvements are adequate
pursuant to standards herein established and may require that a traffic
impact analysis be submitted for the entire project or such phases
as the council determines to be necessary to adjudge whether the subdivision
will be served by adequate streets and thoroughfares.
14.
All
preliminary plats shall be submitted in a legible format on a good
grade blue-line or black-line paper.
15.
Proposed
or existing zoning.
16.
The
following notice shall be placed in the lower right-hand corner of
the page of each preliminary plat by the developer:
|
"Preliminary Plat"
|
|
"Approved by the planning and zoning Commission"
|
|
Date __________
|
|
"Approved by the City Council"
|
|
Date __________
|
18.
Drawn
to a scale of one-inch equals one hundred feet or larger.
19.
Boundaries
must be surveyed and tied to four or more control points tied to the
State Plane Coordinate System, North Central Texas, Zone 5351, Datum
NAD83.
20.
For
all recorded instruments referenced on the preliminary plat drawing,
the recording information (e.g. Volume/Page; Book/Page; Cabinet/Slide;
Instrument No.); identified as being filed in the Deed Records, Denton
County, Texas (DRCCT), Plat Records, Denton County, Texas (PRCCT),
Map Records, Denton County, Texas (MRCCT), or Official Public Records,
Denton County, Texas (OPRCCT).
21.
All
shown streets to be labeled and include an abbreviated suffix and
no directional prefix.
22.
Trails
and trail crossings of creeks, tributaries and ravines.
23.
The
location of the nearest existing sewers, water and gas mains, and
other public utilities, if any.
I.
Extension
and reinstatement procedure.
1.
A preliminary
plat shall be effective for two years after the date of approval unless
reviewed by the Commission and City Council in the light of new or
significant information which would necessitate the revision of the
preliminary plat. If no development or change in requirements has
occurred which would affect the proposed plat at the end of the two-year
period after approval, the City Council may, at the request of the
applicant, extend its approval another year without the submission
of a new preliminary plat by reapproving the original preliminary
plat. No filing fee is required for such reapproval.
2.
Sixty
days prior to or following the lapse of approval for a land study
or preliminary plat, as provided in these regulations, the property
owner may petition the City to extend or reinstate the approval. Such
petition shall be considered at a public meeting at the Commission
and City Council.
3.
In
determining whether to grant such request, the City Council shall
take into account the reasons for lapse, the ability of the property
owner to comply with any conditions attached to the original approval
and the extent to which newly adopted subdivision regulations shall
apply to the plat or study. The Commission and City Council shall
extend or reinstate the plat or study, or deny the request, in which
instance the property owner must submit a new application for approval.
4.
The
Commission and City Council may extend or reinstate the approval subject
to additional conditions based upon newly enacted regulations or such
as are necessary to ensure compliance with the original conditions
of approval. The Commission and City Council may also specify a shorter
time for lapse of the extended or reinstated plat or study than is
applicable to original approvals.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Final
plat application.
An application for final plat shall
be filed with the community development department in accordance with
the published schedule of submittal dates. The final plat submittal
shall include:
1.
Application
form signed by the existing owner or his authorized representative
of the property to be platted.
2.
Documents
establishing the mandatory homeowners' association, and any proposed
declarations, covenants, conditions or restrictions.
3.
Final
plat copies that shall be clearly legible.
4.
The
original plat shall be drawn to a scale of one inch equals 100 feet
or larger in ink on bluelines or other acceptable permanent material
on paper sheets no larger than 18 inches by 24 inches with all figures
and letters legible with four or more control points tied to the State
Plane Coordinate System, North Central Texas, Zone 5351, Datum NAD83.
Where more than one sheet is required to encompass the subdivision,
an index sheet, 18 inches by 24 inches shall be filed showing the
entire subdivision together with the complete dedication, attests,
dates, titles and seals, on one sheet.
5.
Payment
of fees.
B.
Required
information.
An application for final plat shall not
be deemed administratively complete, and shall not deemed to be filed,
unless and until the applicable application fee has been paid and
the application, inclusive of the proposed final plat drawing and
required supporting documents, includes all of the following information
in addition to the information required on the related preliminary
plat:
1.
A title
block in the lower right corner of the page with the following:
2.
North
arrow, written and bar graph scale, less than or equal to 1" = 100'
are shown.
3.
North
arrow shall be oriented to the top or right side of the sheet.
4.
Submittal
Log including dates of submittals/revisions.
5.
Four
or more control points tied to the State Plane Coordinate System,
North Central Texas, Zone 5351, Datum NAD83.
6.
The
name or names, address, and phone number of the owner, developer,
and surveyor.
7.
Location/vicinity
map indicating scale or not to scale (NTS) and provide north arrow.
8.
Property
boundary is indicated by a heavy solid line, intermittent with two
dashed lines; dimensioned with bearing and distance and corner markers
by individual symbols.
9.
The
length and bearing of all straight lines, radii, arc lengths, tangent
length and central angles of all curves are indicated along the lines
of each lot. The curve data pertaining to block or lot boundary may
be placed in a curve table at the base of the plat and prepared in
a tabular form with the following information:
10.
An
accurate outline description, and area to the nearest hundredth of
an acre, of all parcels of land which is offered for dedication or
reserved for public use or reserved in the deeds for the use of all
property owners in the proposed subdivision, or reservations for other
uses, together with the purpose and conditions or limitations of such
reservations and/or dedications, if any.
11.
All
survey monuments.
12.
Standard
Plat Language, including Owner's Certificate, Surveyor's Certificate
and signature blocks for appropriate approval authority.
13.
Location
of property lines, owner or subdivision name(s) and recording information
of abutting properties within 200-feet.
14.
For
all recorded instruments referenced on the General Development Plan,
the recording information (e.g. Volume/Page; Book/Page; Cabinet/Slide;
Instrument No.); identified as being filed in the Deed Records, Denton
County, Texas (DRCCT), Plat Records, Denton County, Texas (PRCCT),
Map Records, Denton County, Texas (MRCCT), or Official Public Records,
Denton County, Texas (OPRCCT).
15.
All
shown streets to be labeled and include an abbreviated suffix and
no directional prefix.
16.
Existing
right-of-way dimensioned from property line to property line and property
line to centerline of adjacent right-of-way.
17.
A
table of lot sizes for all single-family residential plats on a separate
document.
18.
The
systematic assignment of numbers to lots and letters to blocks. All
open space and common area lots should be identified as Block "X".
19.
The
location of floodplain boundaries and state or federally protected
areas, such as wetlands are indicated.
20.
Finished
floor elevations of building foundations shall be shown for lots adjacent
to a floodway or area susceptible to flooding.
21.
Any
reservation for future public school sites or rights-of-way dedication
shall be platted in accordance with the approved preliminary plat.
22.
Copy
of documents approved by the City Attorney that establish the Mandatory
Homeowner's Association, and any proposed declarations, covenants,
conditions or restrictions.
23.
Original
tax certificates from each taxing entity, signed by the City tax assessor,
stating that all taxes and assessments then due and payable on the
land described in the final plat application have been paid.
24.
The
following information shall be required only for application for replats:
a.
All requirements for the Final Plat, above.
b.
A statement of the proposed revisions in numerical format on 8-1/2"
x 11" sheet of letterhead. Statement shall include verification that
proposed revisions are limited to those identified and that no other
modifications to the plat are taking place.
c.
A separate redline drawing of the proposed changes on an 11" x 17"
page(s).
d.
A purpose statement, on the plat, that summarizes the proposed revisions.
e.
Proposed revisions shall be shown on the replat with the final plat
configuration ghosted in.
25.
Final
engineering drawings for all public improvements and all utility and
access easements and all fire lanes have been approved by the City
Engineer;
C.
Standards
for approval.
No completed application for final plat
shall be approved unless the application complies with the following:
1.
The
final plat substantially conforms with the approved preliminary plat;
2.
All
fire lanes have been approved by the fire marshal;
3.
Adequate
provision has been made for adequate public improvements;
4.
The
plat conforms to applicable zoning and other regulations; and
5.
The
plat meets all other requirements of this Ordinance.
D.
Expiration
of approval.
Not later than 90 days after approval of
an application for final plat by the City Council, the Community Development
Department shall record the final plat with Denton County Clerk. Should
the developer fail to pay all applicable development and/or construction
fees within said 90-day period, then the final plat shall be rendered
void. The City Council may approve an extension of time, not to exceed
60 days, for the recording of a final plat, provided a request for
extension of time is made not less than 15 days prior to the expiration
of the final plat.
E.
In addition to the requirements of Subsections A through E of this Section, an application for final plat shall not be administratively complete until detailed engineering and construction plans and the detailed estimate for the costs of such public improvements have been submitted to and approved by the City Engineer for all public improvements to be constructed in association with the development of the land to which the final plat application applies. Except when approval of a preliminary plat is not required by this subdivision ordinance, an application final plat may not be submitted prior to approval of the preliminary plat for the same property.
F.
The final
plat (and any replats) shall be prepared by a registered public surveyor
or state-licensed land surveyor. Construction plans shall be prepared
by or under the supervision of a professional engineer or architect
registered in the State of Texas as required by state law governing
such professions in accordance with this ordinance and the Technical
Construction Standards and Specifications. Construction plans submitted
for review by the City shall be dated and bear the responsible engineer's
registration number, and the designation of "professional engineer,"
or "P.E." and an appropriate stamp or statement near the engineer's
identification, stating that the documents are for preliminary review
and are not intended for construction. Construction plans shall be
approved by the City Engineer when such plans meet all of the requirements
of this ordinance and the TCSS manuals.
G.
Before approval of any final plat by the City Council, the developer shall prepare, or have prepared, and submit the required copies of the complete engineering construction plans of streets, alleys, storm sewers and drainage structures, and water and sanitary sewer improvements for the area covered by the final plat. Prior to approval of the final plat, a set of construction plans marked "approved" must be on file at the City. A drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted with the construction plan. The drainage plan shall be made available to each builder within the proposed subdivision, and all builders shall comply with the drainage plan. The developer shall have these plans prepared by his own professional engineer subject to approval of the plans by the City. The city administrative official shall review, or cause to be reviewed, the plans and specification[s] and, if approved, shall mark them approved and return one set to the developer. If not approved, one set shall be marked with the objections noted and returned to the applicant or developer for correction. The subdivider shall provide additional sets of corrected engineering plans as specified by the city administrative official for use during construction. After approval of the plat, plans, and specifications by the City, the developer shall cause a contractor to install the facilities in accordance with the approved plans and standard specifications of the City, including the preservation, replacement, or removal of any tree identified on the approved final tree mitigation plan, and at the developer's expense (also see Section 6). The developer shall employ engineers, surveyors, and other professionals as necessary to design, stake and supervise the construction of such improvements and shall cause his contractor to construct the said improvements in accordance with the regulations. The City shall inspect the installation of the improvements. When all of the improvements are found to be installed in accordance with the approved plans and specifications, and after the improvements have been completed, including the preservation, replacement, or removal of any tree identified on the approved final tree mitigation plan, and upon receipt by the City of a maintenance bond or certificate of deposit in accordance with Section 6 of this ordinance from each contractor, three sets of as-built (or record drawing) plans and one set of as-built or record drawing sepias shall be submitted with a letter stating the contractor's compliance with these regulations. After such letter is received, the City Manager or his designee shall receive and accept for the City the title, use, and maintenance of the improvements according to Section 6.6.
H.
Engineering
and construction plans shall also be submitted according to the Technical
Construction Standards and Specifications (TCSS) and the requirements
set forth herein. Engineering construction plans showing paving and
design details of streets, alleys, culverts, bridges, storm sewers,
water mains, sanitary sewers, perimeter sidewalks, landscape plans,
and other engineering details of the proposed subdivision at a scale
of one inch equals 40 or 50 feet horizontally and one inch equals
four feet, five feet, or ten feet vertically shall be submitted to
the city administrative official along with the final plat of the
subdivision. The number of copies as specified on the application
form shall be submitted with the final plat submittal. Such plans
shall be prepared by a registered professional engineer and shall
conform to the Technical Construction Standards and Specifications.
I.
The engineering
construction plans shall be valid for a period of 18 months after
approval by the city's engineer. The city's engineer may grant a one-year
extension after which they are subject to reapproval by the City if
no construction has occurred.
J.
Timing
of public improvements.
1.
The Commission and City Council may require that all public improvements be installed, offered for dedication and accepted by the City prior to the approval of the final plat by the City. Also see Section 6. The City Council may permit or require the deferral of the construction of public improvements if, in its judgment, deferring the construction would not result in any harm to the public, or offer significant advantage in coordinating the site's development with adjacent properties and off-site public improvements. Any required public improvement(s) approved for deferred construction must be provided for as required in Section 6.2(D) prior to the approval of the final plat.
2.
If
the City Council does not require that all public improvements be
installed, offered for dedication and accepted by the City prior to
signing of the final plat, the applicant shall execute an agreement
and provide security for the agreement as provided in Sections 6.2
and 6.3.
K.
Certificates
shall be attached to and be a part of the final subdivision plat and
shall contain a minimum of the following information:
1.
A statement
that the subdivided area is legally owned by the applicant.
2.
An
accurate legal description by the line deflection, necessary curve
data, and line distance of all lines bounding the property with descriptions
correlated to a permanent survey monument.
3.
A statement
signed by the owner and acknowledged before a notary public as to
the authenticity of the signatures, saying that the owner adopts the
plat as shown, described and named and they do dedicate to the public
forever the streets and alleys shown on the plat. The owner further
reserves any easement areas shown for mutual use of all public utilities
desiring to use the same. Any public utility shall have the right
to remove and keep removed all or any part of any vegetative growth
for construction or maintenance, or efficiency of its respective system
in these easements and all or any part of, any growth or construction
which in any way hinders or interferes with the right of ingress and
egress to these easements for any necessary use without asking anyone's
permission.
4.
A registered
public surveyor's certificate, with a place for signatures.
5.
A place
for plat approval signature of the mayor or mayor pro tem of the City
Council and a place for the secretary to attest such signature and
the approval date by planning and zoning Commission and City Council.
6.
Following
are examples of the information required on the final plat which meet
the above requirements:
a.
Owner's certificate (example).
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STATE OF TEXAS
COUNTY OF DENTON
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§
§
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WHEREAS, John Doe and Jane Doe are the Owners of a tract of
land situated in the XYZ Survey, Abstract No. 999, Denton County,
Texas and being out of a [_____] acre tract conveyed to them by Joe
Smith and Tom Smith and a _____ acre tract conveyed to them by John
Smith and being more particularly described as follows:
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(Enter accurate metes and bounds property description here)
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NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:
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That __________ acting herein by and through its duly authorized
officers, does hereby adopt this plat designating the hereinabove
described property as __________, an addition to the City of Highland
Village, Texas, and does hereby dedicate, in fee simple, to the public
use forever, the streets and alleys shown thereon. The streets and
alleys are dedicated for street purposes. The easements and public
use areas, as shown, are dedicated, for the public use forever, for
the purposes indicated on this plat. No buildings, fences, trees,
shrubs or other improvements or growths shall be constructed or placed
upon, over or across the easements as shown, except that landscape
improvements may be placed in landscape easements, if approved by
the City of Highland Village. In addition, utility easements may also
be used for the mutual use and accommodation of all public utilities
desiring to use or using the same unless the easement limits the use
to particular utilities, said use by public utilities being subordinate
to the public's and City of Highland Village's use thereof. The City
of Highland Village and public utility entities shall have the right
to remove and keep removed all or parts of any buildings, fences,
trees, shrubs or other improvements or growths which may in any way
endanger or interfere with the construction, maintenance, or efficiency
of their respective systems in said easements. The City of Highland
Village and public utility entities shall at all times have the full
right of ingress and egress to or from their respective easements
for the purpose of constructing, reconstructing, inspecting, patrolling,
maintaining, reading meters, and adding to or removing all or parts
of their respective systems without the necessity at any time procuring
permission from anyone.
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This plat approved subject to all platting ordinances, rules,
regulations and resolutions of the City of Highland Village, Texas
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WITNESS, my hand, this the _____ day of __________, _____.
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BY:
Authorized Signature or Owner
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Printed Name and Title
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STATE OF TEXAS
COUNTY OF DENTON
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§
§
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Before me, the undersigned authority, a notary public in and
for said county and state, on this day personally appeared John Doe
and Jane Doe, owners, known to me to be the persons whose names are
subscribed to the foregoing instrument and acknowledged to me that
they each executed the same for the purpose and considerations therein
expressed.
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Given under my hand and seal of office, this _____ day of __________.
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Notary Public, State of Texas
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b.
Surveyor's certificate (example).
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KNOW ALL MEN BY THESE PRESENTS:
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That I, __________, do hereby certify that I prepared this plat
from an actual and accurate survey of the land and that the corner
monuments shown thereon as set were properly placed under my personal
supervision in accordance with the subdivision regulations of the
City of Highland Village.
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Registered Public Surveyor
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RECOMMENDED FOR APPROVAL BY:
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Planning and Zoning Commission
City of Highland Village
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By:
Chairman
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Date:
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APPROVED BY: City Council, City of Highland Village
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By:
Mayor
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City Secretary
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Date
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c.
Visibility, access and maintenance easements (example).
The area or areas shown on the plat as "VAM" (visibility, access,
and maintenance) easement(s) are hereby given and granted to the City,
its successors and assigns, as an easement to provide visibility,
right of access for maintenance upon and across said VAM easement.
The City shall have the right but not the obligation to maintain any
and all landscaping within the VAM easement. Should the City exercise
this maintenance right, it shall be permitted to remove and dispose
of any and all landscaping improvements including, without limitation,
any trees, shrubs, flowers, ground cover and fixtures. The City may
withdraw maintenance of the VAM easement at any time. The ultimate
maintenance responsibility for the VAM easement shall rest with the
owners. No building, fence, shrub, tree or other improvements or growths,
which in any way may endanger or interfere with the visibility, shall
be constructed in, on, over or across the VAM easement. The City shall
also have the right but not the obligation to add any landscape improvements
to the VAM easement, to erect any traffic-control devices or signs
on the VAM easement and to remove any obstruction thereon. The City,
its successors, assigns, or agents shall have the right and privilege
at all times to enter upon the VAM easement or any part thereof for
the purposes and with all rights and privileges set forth herein.
d.
Fire lanes (example).
That the undersigned does hereby
covenant and agree that he (they) shall construct upon the fire lane
easements, as dedicated and shown hereon, a hard surface and that
he (they) shall maintain the same in a state of good repair at all
times and keep the same free and clear of any structures, fences,
trees, shrubs, or other improvements or obstruction including, but
not limited to, the parking of motor vehicles, trailers, boats or
other impediments to the access of fire apparatus. The maintenance
of paving on the fire lane easements is the responsibility of the
owner, and the owner shall post and maintain appropriate signs in
conspicuous places along such fire lanes stating, "Fire Lane, No Parking."
The police or his [their] duly authorized representative is hereby
authorized to cause such fire lanes and utility easements to be maintained
free and unobstructed at all times for fire department and emergency
use.
e.
Access easements (example).
The undersigned does covenant
and agree that the access easement may be utilized by any person or
the general public for ingress and egress to other real property,
and for the purpose of general public vehicular and pedestrian use
and access, and for fire department and emergency use in, along, upon
and across said premises, with the right and privilege at all times
of the City of Highland Village, its agents, employees, workers and
representatives having ingress, egress, and regress in, along, upon
and across said premises.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
B.
The City
Manager may for any reason elect to present the minor plat, replat
or amending plat to the Commission and City Council for action.
C.
Any minor
plat, replat, or amending plat which the City Manager fails or refuses
to approve shall be submitted to the Commission and City Council for
action.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Authority.
This Section is adopted pursuant to V.T.C.A., Local Government
Code §§ 212.041-212.050.
B.
Applicability.
For purposes of this Section, the term "development" means the
new construction of any building, structure or improvement of any
nature (residential or nonresidential), or the enlargement of any
external dimension thereof. This Section shall apply to any land lying
within the City or within its extraterritorial jurisdiction in the
following circumstances:
1.
The
development of any tract of land which has not been platted or replatted
under this ordinance, unless expressly exempted herein.
2.
The
development of any tract of land for which the property owner claims
an exemption from the City's subdivision regulations, including requirements
to replat, which exemption is not expressly provided for in such regulations.
3.
The
development of any tract of land for which the only access is a private
easement or street.
4.
The
division of any tract of land resulting in parcels or lots each of
which is greater than five acres in size, and where no public improvement
is proposed to be dedicated.
C.
Exceptions.
No development plat shall be required, where the land to be
developed has received final plat or replat approval prior to the
effective date of this ordinance. The City Council may, from time
to time, exempt other development or land divisions from the requirements
of this Section.
D.
Prohibition
on development.
No development shall commence, nor shall
any building permit, utility connection permit, electrical connection
permit or similar permit be issued, for any development or land division
subject to this Section, until a development plat has been approved
by the planning and zoning Commission and City Council and filed with
the City Secretary.
E.
Standards
of approval.
The development plat shall not be approved
until the following standards have been satisfied:
1.
The
proposed development conforms to all City plans including, but not
limited to, the comprehensive plan, thoroughfare plan, land use plan,
parks and open space master plan, utility plans and applicable capital
improvements plans;
2.
The
proposed development conforms to the requirements of the zoning ordinance;
3.
The
proposed development is adequately served by public facilities and
services, parks and open space in conformance with City regulations;
4.
Appropriate
agreements for acceptance and use of public dedications to serve the
development have been tendered;
5.
The
proposed development conforms to the design and improvement standards
contained in the ordinance and in the TCSS manuals.
F.
Conditions.
The City may impose such conditions on the approval of the development plat as are necessary to ensure compliance with the standards in Subsection (E) above.
G.
Land
study requirements.
Whenever a property owner proposes to divide land into tracts or lots each of which is greater than five acres, and for which no public improvements are proposed, he shall submit a land study, together with his application for approval of a development plat. in accordance with Section 2.2 of this ordinance.
H.
Approval
procedure.
The application for a development plat shall
be approved, conditionally approved, or denied by the City Council
following review and recommendation by the planning and zoning Commission.
Upon approval, the development plat shall be filed with the City by
the City Secretary.
I.
Submittal
requirements.
Each development plat shall:
1.
Be
prepared by a registered professional land surveyor.
2.
Clearly
show the boundary of the development plat.
3.
Show
each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building, structure
or improvement involving a change therein.
4.
Show
all easements and rights-of-way within or adjacent to the development
plat.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Replat
required.
Unless otherwise expressly provided for herein,
a property owner who proposes to replat any portion of an already
approved final plat, other than to amend or vacate the plat, must
first obtain approval for the replat under the same standards and
by the same procedures prescribed for the final platting of land by
this ordinance. The City Manager may waive or modify requirements
for a land study and preliminary plat under circumstances where the
previously approved land study or preliminary plat is sufficient to
achieve the purposes set forth in this ordinance.
B.
Replatting
without vacating preceding plat.
A replat of a final
plat or portion of a final plat may be recorded and is controlling
over the preceding plat without vacation of that plat if the replat:
C.
In addition to compliance with Subsection B, above, a replat without vacation of the preceding plat must conform to the requirements of this Section if:
1.
During
the preceding five years, any of the area to be replatted was limited
by an interim or permanent zoning classification to residential use
for not more than two residential units per lot; or
2.
Any
lot in the preceding plat was limited by deed restrictions to residential
use for not more than two residential units per lot.
D.
If a proposed replat described by Subsection C, above, requires a variance or exception, a public hearing must be held by the City Council prior to approval of the replat application.
E.
If the conditions described in Subsection D. of this Section exist, then the following is required:
1.
Notice
of the hearing shall be given 15 days before the day of the hearing
by:
a.
Publication
in the City's officially designated newspaper; and
b.
By
written notice, with a copy of the specific language contained in
the following Subsection (b) attached thereto, forwarded by the Commission
to the owners of property in the original subdivision located within
200 feet of the property upon which the replat is requested, as such
owners are indicated on the most recently approved City tax roll or,
in the case of a subdivision within the extraterritorial jurisdiction
of the City, the most recently approved county tax roll. The written
notice may be delivered by depositing the notice, properly addressed
with the postage prepaid, in a post office or postal depository within
the municipal boundaries of the City.
2.
If
the proposed replat requires a variance and is protested in accordance
with this Subsection E, the proposed replat must receive, in order
to be approved, the affirmative vote of at least three-fourths of
the members of the City Council present and voting. For a legal protest,
written instruments signed by the owners of at least 20 percent of
the area of the lots or land immediately adjoining the area covered
by the proposed replat and extending 200 feet from that area, but
within the original subdivision, must be filed with the City Council
prior to the close of the public hearing.
3.
In
computing the percentage of land area under Subsection E.2. of this
Section, the area of streets and alleys shall be included.
4.
Compliance
with Subsections E.2. and E.3. of this Section is not required for
approval of a replat of part of a preceding plat if the area to be
replatted was designated or reserved for other than single- or duplex-family
residential use by notation on the last legally recorded plat or in
the legally recorded restrictions applicable to the plat.
F.
If a proposed replat described by Subsection C of this Section does not require a variance or exception, not later than the 15th day after the date the replat is approved, written notice by mail of the approval of the replat will be provided to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent City or county tax roll. This Subsection does not apply to a proposed replat if the Commission or City Council holds a public hearing and gives notice of the hearing in the manner provided by Subsection E.
(Ordinance 2019-1268 adopted 12/10/19; Ordinance 2021-1280 adopted 1/26/21)
A.
Amended
plat procedure shall be as follows:
1.
An
amended plat shall meet all of the informational and procedural requirements
set forth for a final plat.
2.
The
City Manager may approve and issue an amending plat, which may be
recorded and is controlling over the preceding plat, without vacation
of that plat, if the amending plat is signed by the applicants only
and is solely for one or more of the following purposes:
a.
To
correct an error in a course or distance shown on the preceding plat;
b.
To
add a course or distance that was omitted on the preceding plat;
c.
To
correct an error in a real property description shown on the preceding
plat;
d.
To
indicate monuments set after the death, disability, or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
e.
To
show the location or character of a monument that has been changed
in location or character or that is shown incorrectly as to location
or character on the preceding plat;
f.
To
correct any other type of scrivener or clerical error or omission
previously approved by the planning and zoning Commission and City
Council, including lot numbers, acreage, street names, and identification
of adjacent recorded plats;
g.
To
correct an error in courses and distances of lot lines between two
adjacent lots if:
h.
To
relocate a lot line to eliminate an inadvertent encroachment of a
building or other improvement on a lot line or easement; or
j.
To
make necessary changes to the preceding plat to create six or fewer
lots in the subdivision or a part of the subdivision covered by the
preceding plat if:
(1)
The changes do not affect applicable zoning and other regulations
of the City;
(2)
The changes do not attempt to amend or remove any covenants or restrictions;
and
(3)
The area covered by the changes is located in an area that the planning
and zoning Commission or other appropriate governing body, after a
public hearing, [has designated] as a residential improvement area;
or
k.
To
replat one or more lots fronting on an existing street if:
(1)
The owners of all those lots join in the application for amending
the plat;
(2)
The amendment does not attempt to remove recorded covenants or restrictions;
(3)
The amendment does not increase the number of lots; and
(4)
The amendment does not create or require the creation of a new street
or make necessary the extension of municipal facilities.
B.
[Reserved.]
C.
Notice,
a hearing, and the approval of other lot owners are not required for
the approval and issuance of an amending plat.
D.
The amended
plat shall be entitled and clearly state that it is an amended plat.
It shall also state the specific lots affected or changed as a result
of the amended plat and include the original subdivision plat boundary.
All references to "final plat" or "replat" shall be removed.
(Ordinance 2019-1268 adopted 12/10/19)
A.
The purpose
of a minor plat is to simplify divisions of land under certain circumstances
outlined in state law. An application for approval of a minor plat
may be filed only in accordance with state law, when all of the following
circumstances apply:
1.
The
proposed division results in four or fewer lots;
2.
All
lots in the proposed subdivision front onto an existing public street
and the construction or extension of a street or alley is not required
to meet the requirements of this Code; and
3.
Except
for right-of-way widening and easements, the plat does not require
the extension of any municipal facilities to serve any lot within
the subdivision.
(Ordinance 2019-1268 adopted 12/10/19)
A.
By
property owner.
The property owner of the tract covered
by a plat may vacate, upon the approval of the Commission and City
Council, the plat at any time before any lot in the plat is sold.
The plat is vacated when a signed, acknowledged instrument declaring
the plat vacated is approved and recorded in the manner prescribed
for the original plat.
B.
By
all lot owners.
If lots in the plat have been sold, the
plat, or any part of the plat, may be vacated on the application of
all the owners of lots in the plat with approval obtained in the manner
prescribed for the original plat.
C.
Criteria.
The Commission and City Council shall approve the petition for
vacation on such terms and conditions as are in accordance with V.T.C.A.,
Local Government Code § 212.013, and reasonable to protect public
health, safety and welfare. As a condition of vacation of the plat,
the City Council may direct the petitioners to prepare a revised final
plat in accordance with these regulations.
D.
Effect
of action.
On the execution and recording of the vacating
instrument, the vacated plat shall have no effect. Regardless of the
Commission's and City Council's action on the petition, the property
owner or developer will have no right to a refund of any monies, fees
or charges paid to the City nor to the return of any property or consideration
dedicated or delivered to the City except as may have previously been
agreed to by the Commission and City Council.
E.
City-initiated
plat vacation.
1.
General
conditions.
The Commission and City Council, on its motion,
may vacate the plat of an approved subdivision or addition when:
a.
No lots within the approved plat have been sold within five years
from the date that the plat was signed by the City.
b.
The property owner has breached an improvement agreement and the
City is unable to obtain funds with which to complete construction
of public improvements, except that the vacation shall apply only
to lots owned by property owner or its successor.
c.
The plat has been of record for more than five years and the City
determines that the further sale of lots within the subdivision or
addition presents a threat to public health, safety and welfare, except
that the vacation shall apply only to lots owned by the property owner
or its successors.
2.
Procedure.
Upon any motion of the Commission or City Council to vacate
the plat of any previously approved subdivision or addition, in whole
or in part, the Commission shall publish notice in a newspaper of
general circulation in the county and provide personal notice to all
property owners within the subdivision or addition and shall also
provide notice to the City Council. The notice shall state the time
and place for a public hearing on the motion to vacate the subdivision
or addition plat. The Commission shall recommend approval and the
City Council shall approve the vacation only if the criteria in C.
above are satisfied.
3.
Record
of notice.
If the Commission and City Council approve
vacating a plat, the City Secretary shall record a copy of the resolution
or ordinance in the county clerk's office with a copy of the area
or plat vacated. If the Commission and City Council adopt a resolution
or ordinance vacating a plat in part, it shall cause a revised final
plat to be recorded which shows that portion of the original plat
that has been vacated and that portion that has not been vacated.
(Ordinance 2019-1268 adopted 12/10/19)
