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:
1. 
The preliminary plat substantially conforms with the approved land study and/or other studies as applicable.
2. 
The preliminary utility layouts have been approved by the City Engineer.
3. 
A tree mitigation plan that complies with Section 4.3 has been delivered to the City.
4. 
The preliminary plat conforms to applicable zoning and other regulations.
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 __________
17. 
A title block with the following:
a. 
"Preliminary Plat"
b. 
Proposed subdivision name, lot, block
c. 
Acreage
d. 
Number of lots (if residential project, residential and HOA lots)
e. 
Survey name and abstract
f. 
City of Highland Village, Denton County
g. 
Submission 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:
a. 
"Final Plat/Replat"
b. 
Subdivision name, lot, block
c. 
Acreage
d. 
Number of lots (if residential project, residential and HOA lots)
e. 
Right-of-Dedication (square feet and acreage)
f. 
Survey name and abstract
g. 
City of Highland Village, Denton County
h. 
Submission Date
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:
a. 
Curve number
b. 
Delta
c. 
Radius
d. 
Tangent length
e. 
Tangent offset
f. 
Arc length
g. 
Chord
h. 
Chord direction
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).
STATE OF TEXAS
COUNTY OF DENTON
§
§
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:
(Enter accurate metes and bounds property description here)
NOW, THEREFORE, KNOWN ALL MEN BY THESE PRESENTS:
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.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Highland Village, Texas
WITNESS, my hand, this the _____ day of __________, _____.
BY:
Authorized Signature or Owner
 
Printed Name and Title
 
STATE OF TEXAS
COUNTY OF DENTON
§
§
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.
Given under my hand and seal of office, this _____ day of __________.
Notary Public, State of Texas
 
b. 
Surveyor's certificate (example).
KNOW ALL MEN BY THESE PRESENTS:
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.
Registered Public Surveyor
 
RECOMMENDED FOR APPROVAL BY:
Planning and Zoning Commission
City of Highland Village
By:
Chairman
 
Date:
 
APPROVED BY: City Council, City of Highland Village
By:
Mayor
 
City Secretary
Date
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)
A. 
The City Manager is authorized to approve the following:
1. 
Amending plats described Section 2.8
2. 
Minor plats described in Section 2.9; and
3. 
Replats that are also Minor Plats.
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:
1. 
Is signed and acknowledged by only the owners of the property being replatted;
2. 
Does not attempt to amend or remove any covenants or restrictions previously incorporated in the recorded final plat.
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.
G. 
The notice of replat approval required by Subsection F. above must include:
1. 
The zoning designation of the property after the replat; and
2. 
A telephone number and e-mail address that an owner of a lot may use to contact the City about the replat.
(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:
(1) 
Both lot owners join in the application for amending the plat;
(2) 
Neither lot is abolished;
(3) 
The amendment does not attempt to remove recorded covenants or restrictions; and
(4) 
The amendment does not have a material adverse effect on the property rights of the owners in the plat;
h. 
To relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or
i. 
Relocate one or more lot lines between one or more adjacent lots 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; and
(3) 
The amendment does not increase the number of lots;
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.
E. 
Unless otherwise specified, application and all related procedures, including recording of an amended plat shall be the same as specified for a final plat. Review and approval shall be in accordance with Section 2.5 and other applicable provisions of this Ordinance.
(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.
B. 
Unless otherwise specified, application and all related procedures, including recordation, shall be the same as specified for a final plat. Review and approval shall be in accordance with Section 2.5 and other applicable provisions of this Ordinance.
(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)