ORDINANCE 831
An ordinance prescribing rules and regulations governing plats,
subdivisions of land and building sites, in conformance with the general
plan, within the corporate limits of the town of Highland Park, Texas,
containing certain definitions; providing for a preliminary plat,
a final plat and providing for final approval of subdivisions, prescribing
regulations for streets, alleys, utility easements, street surfacing,
sanitary sewers and water mains, public utilities, parks and playgrounds;
requiring the submission of street, drainage, water and sewer plans
with the final plat; prescribing fees to be charged; providing penalties
for the violation of its provisions hereof; repealing Ordinance No.
633 and all other ordinances in conflict herewith; and providing a
savings clause and declaring an emergency.
Whereas, under the laws of the State of Texas, hereafter every
owner of any tract of land situated within the corporate limits of
the Town of Highland Park, who may hereafter desire to divide the
same in two (2) or more tracts for the purpose of laying out any subdivision
of such tract of land or any addition to the Town of Highland Park,
or for laying out a building site or sites, or any lots and streets,
alley or parks and other portions intended for public use, or the
use of purchasers or owners of lots fronting thereon or adjacent thereto,
are required to submit a plat of such subdivision or addition for
review and consideration by the town council of the Town of Highland
Park, and;
Whereas, the general plan of the town has been established by
the existing mature development consisting of an open space system
of parkways, a country club and a number of estates related to the
major drainageways; all served and surrounded by an established street
and thoroughfare system providing access to existing building sites
arranged in an established varied density pattern, and;
Whereas, the town council of the Town of Highland Park is empowered
by law to promulgate and preserve the general plan of said town and
its streets, alleys, open spaces, building sites, and public utility
facilities, including those which have been or may be laid out, together
with the general plan for the town and the roads, streets and public
highways within said town;
Now therefore, be it ordained by the town council of the town
of Highland Park, Texas:
On and after the passage of this ordinance, any person, firm
or corporation seeking approval of any plat, plan or replat of any
subdivision of land or change of any building site within the corporate
limits of the Town of Highland Park shall be required to comply with
the requirements of this ordinance before such approval may be considered,
to wit:
The purpose of this ordinance is to provide for the orderly,
safe and healthful development of the area within the town in conformance
with the general plan and conserve the value of existing buildings
and existing development and to promote the health, safety, morals
and general welfare of the community.
All plats, changes in existing building lots or existing building
sites and subdivision of land within the corporate limits of the Town
of Highland Park shall conform to the general plan for the town and
the following rules and regulations.
For the purpose of interpreting this ordinance, certain terms,
phrases and words used herein shall have the meaning hereinafter ascribed
to them as follows:
1.
Shall–
The word “shall” wherever used in this
ordinance will be interpreted in its mandatory sense; the word “may”
shall be deemed as permissive.
2.
Building
site–
A lot, tract or parcel of land which
complies with the standards of section 18 of the zoning ordinance
of Highland Park and on which a legal building permit may be issued.
3.
Council–
The town council of the Town of Highland Park (legislative
body).
4.
Engineer–
A person duly authorized under the provisions of the
Texas Engineering Registration Act, as heretofore or hereafter amended,
to practice the profession of engineering.
5.
Lot–
A tract or parcel of land under one ownership having
frontage on a public street and either occupied or to be occupied
by a building or building group together with accessory buildings,
which parcel of land is designated as a separate and distinct tract
and which meets the provisions of the zoning ordinance for a building
site.
6.
Multiple
building tract or lot–
A building site
which has been approved by the town council for the location of more
than one main building such as a shopping center or apartment project
approved as a planned development in accordance with the provisions
of the zoning ordinance.
7.
Planned
development–
A development provided for
by the zoning ordinance of the Town of Highland Park wherein certain
yards, areas and related standards may be varied and a variety of
land uses associated on a tract, the plan of which is subject to approval
by the zoning commission and town council.
8.
Plat,
final–
The plat of any lot, tract or parcel
of land requested to be recorded of record in the county clerk’s
office of Dallas County, Texas.
9.
Plat,
preliminary–
The plat of any lot, tract
or parcel of land that is not to be recorded of record, but is only
a proposed division of land for review and study by the town.
10.
Replatting–
The rearrangement of building
sites of any part or all of any block or blocks of a previously platted
subdivision, addition, lot or tract and including any alteration in
existing building sites on which residential dwellings exist or have
existed.
11.
Street–
A public way for vehicular traffic,
whether designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, private or however otherwise designated.
12.
Street Types
a.
Collector or Secondary Street.
The phrase “collector
or secondary street” shall be a street which is continuous through
a residential district and is intended as a connecting street between
residential districts and major thoroughfare or business districts.
b.
Cul-de-sac.
A street which terminates at one
end with a turnaround.
c.
Freeway.
A highway or toll road designed for
movement of large volumes of traffic between areas and around and
across the town and which does not provide access directly to adjacent
land.
d.
Local street.
The phrase “local street”
shall be a street which is intended primarily to serve traffic within
a neighborhood or limited residential district, and which is not continuous
through a residential district.
e.
Major street.
The phrase “major street”
shall be used to designate principal traffic thoroughfares more or
less continuous across the town, which are intended to connect remote
parts of the town or areas adjacent thereto, and act as principal
connecting streets with state and federal highways.
13.
Street width–
Street width is the dimension
of the shortest distance between the lines which delineate the right-of-way
of a street, road or other way.
14.
Subdivider–
A person, firm, association,
corporation, syndicate, trust or any other legal entity who seeks
to create or alter building sites or who causes land to be divided
into a subdivision for himself or others or seeks authorization therefor.
15.
Subdivision–
The division or alteration
of any tract of land situated within the corporate limits in two (2)
or more parts for the purpose of laying out any subdivision of any
tract of land or any addition to the Town of Highland Park, or for
laying out or altering an existing building site or any building sites,
streets, alleys or part or other portions intended for public use
or for the use of purchasers or owners of lots fronting thereon or
adjacent thereto for the purpose, whether immediate or future, of
creating building sites. Subdivision includes resubdivision or the
alteration of established building sites composed of all or portions
of previously established lots or tracts.
16.
Surveyor–
A licensed state land surveyor
or a registered public surveyor as authorized by the state statutes
to practice the profession of surveying.
17.
Town–
The Town of Highland Park, Texas.
18.
Town administrator–
The person designated
as the chief administrative official of the Town.
19.
Town engineer–
Director of public works
or other appointed administrative person charged with planning and
engineering matters.
20.
Zoning ordinance–
The regulations adopted
pursuant to the laws of the State of Texas by the Town of Highland
Park for the purpose of promoting the health, safety and general welfare
of the community as such regulations exist or may be amended (Ordinance
676 and all amendments thereto).
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Definitions not expressly prescribed herein are to be construed
in accordance with the customary usage in municipal planning and engineering
practices.
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1.
It shall be
unlawful for any owner or agent of any owner of land to lay out, subdivide,
plat or replat any land into lots, blocks or streets or to alter established
building sites within the town without the approval of the town council.
It shall be unlawful for any such owner or agent to offer for sale
or sell property for building sites, building tracts or for an urban
use thereon which has not been laid out, subdivided, platted or replatted
with the approval of the town council.
2.
The town hereby
defines its policy to be that the town will withhold its approval
of improvements of whatsoever nature, including the maintenance of
streets and the furnishing of any available utilities from all additions,
subdivisions or building sites, the platting of which has not been
approved and accepted by the town council.
3.
No building
permit shall be issued for the erection of any building in the town
on any piece of property other than an original building site or resubdivided
lot in a duly approved and recorded subdivision or an approved building
site in accordance with section 18 of the zoning ordinance without
the written approval of the town council and in compliance with the
provisions of this ordinance.
Prior to the filing of a preliminary plat, the subdivider shall
meet with the town administrator or town engineer or his designated
agent to acquaint himself with the requirements of the town and the
relationship of the proposed subdivision to the zoning ordinance.
At such meeting, the density standards, building site requirements
and any street or utility service requirements and the general character
of the building or development may be discussed.
1.
On reaching
conclusions as recommended in section 5, the subdivider shall have
prepared a preliminary plat of the proposed subdivision for submission
to the town council in accordance with the standards outlined section
7 hereof.
2.
Four (4) copies
of the preliminary plat as described in section 7 shall be submitted
to the town administrator at least ten (10) days prior to the town
council meeting at which consideration is desired.
3.
Before an application
is presented to the town council for a plat or replat of any property
located within the town limits, the party requesting the plat or replat
shall obtain tax certificates showing all taxes then due have been
paid on the property for which the platting or replatting is sought.
4.
The preliminary
plat shall be considered officially filed after it is examined and
found to be in compliance with the general provisions of these regulations
by the town engineer.
5.
The following
notice shall be stamped on the face of each preliminary plat: “Preliminary
plat–For inspection purposes only, and in no way official or
approved for record purposes.”
6.
A written report
shall be prepared and submitted to the town council at the next regular
meeting stating the comments of the subdivision review. Such report
should include comments relative to the proposed subdivision’s
compliance to these regulations, the zoning ordinance or other plans
of the Town of Highland Park. The report may include comments from
other municipal departments or agencies including utility companies
concerned with urban development.
7.
Following review
of the preliminary plat and other materials submitted for conformity
thereof to these regulations, and negotiations with the subdivider
on changes deemed advisable and the kind and extent of improvements
to be made by him, the town council shall, within thirty (30) days,
act thereon as submitted or modified, and if approved, the town council
shall express in writing its approval as conditional approval and
state the conditions of such approval, if any, or if disapproved,
shall express its disapproval.
8.
The action
of the town council shall be noted on two (2) copies of the preliminary
plat, referenced and attached to any conditions determined. One copy
shall be returned to the subdivider and the other retained by the
town administrator.
9.
Conditional
approval of a preliminary plat shall not constitute approval of the
final plat. Rather, it shall be deemed an expression of approval to
the layout submitted on the preliminary plat as a guide to the preparation
of the final plat.
10.
The town
council shall, in its action on the preliminary plat, consider the
physical arrangement of the subdivision, and determine the adequacy
of street and thoroughfare rights-of-way and alignment and the compliance
of the streets and thoroughfares with those existing in the town.
The town council shall also ascertain that adequate easements for
proposed or future utility service and surface drainage are provided,
and that the lot size and area are adequate to comply with the minimum
requirements of the zoning ordinance and that all lots constitute
legal building sites as defined by the zoning ordinance.
11.
A notation
of the action taken and requisite reasons therefor shall be entered
in the records of the town council.
12.
Preliminary
approval of the subdivision shall be valid for a period of twelve
(12) months from the date of approval and the general terms and conditions
under which the preliminary approval was granted will not be changed.
The town council shall withdraw its preliminary approval of a subdivision
unless the final plat is submitted within the twelve (12) month period
or unless the time period is extended by the town council at the request
of the subdivider.
The subdivider or owner shall file four (4) copies of the preliminary
plat as heretofore set forth and such plat shall be accompanied by
or show the following information:
1.
Boundary lines,
bearings and distances sufficient to locate the exact area proposed
for subdivision. At least one subdivision corner shall be referenced
to a known reference point which can be identified.
2.
The name and
location of a portion of adjoining lots or subdivisions shall be drawn
to the same scale and shown in dotted lines adjacent to the tract
proposed for subdivisions in sufficient detail to show actually the
existing streets and alleys and other features that may influence
the layout and development of the proposed subdivisions. Where adjacent
land is not subdivided, owner’s name of the adjacent tract shall
be shown.
3.
The angle of
intersection of the centerlines of all intersecting streets.
4.
The location
and widths of all streets, alleys, easements and ways proposed for
the subdivision and all known rights-of-way and/or easements within
or affecting the area to be subdivided.
5.
The subdivision
shall show all proposed streets and alleys, easements, blocks, lots,
building sites, building lines, parks, etc., with principal dimensions.
6.
Contours at
five (5) foot intervals and all easements or rights-of-way necessary
for drainage within or without the boundaries of the addition.
7.
The title,
if any, under which the proposed subdivision is to be recorded, the
name of the owner and the name of the engineer or land planner who
prepared the preliminary plat.
8.
Sites, if any,
to be reserved or dedicated for parks, playgrounds or other area proposed
for public use or to be used in common by any homeowner’s association,
condominium corporation or similar organization.
9.
Scale, north
point, date and other pertinent data. The scale of the preliminary
plat may be at, one inch equals two-hundred (200) feet or, at one
inch equals one-hundred (100) feet.
10.
Property
owner’s name, address and telephone number.
11.
A proposed
preliminary layout of any sanitary sewer and water lines needed to
serve the subdivision.
12.
Protective
covenants–Draft of any protective covenants whereby the subdivider
proposes to regulate land use or development standards in the subdivision.
13.
A designation
of the proposed uses of land within the subdivision and any zoning
amendments, if any, proposed to be requested.
14.
If the proposed
subdivision is a portion of a tract which is later to be subdivided
in its entirety, then a tentative master plat of the entire subdivision
shall be submitted with the preliminary plat of the portion first
to be subdivided. The master plat shall conform in all respects to
the requirements of the preliminary plat; except, it may be on a scale
of not more than one inch to four hundred (400) feet.
1.
After approval
of the preliminary plat by the town council and within twelve (12)
months of the approval date unless extended by action of the town
council, the subdivider may submit for approval the final plat. Four
(4) copies of the final plat, together with a reproducible transparent
drawing, shall be submitted to the town engineer at least ten (10)
days prior to the meeting at which consideration is desired.
2.
The final plat
shall conform substantially to the preliminary plat as approved and
to the standards prescribed by section 9 hereof. If desired by the
subdivider, the final plat may constitute only that portion of the
approved preliminary plat which he proposes to record and develop
at the time, provided however, that such portion conforms to all requirements
of these regulations.
3.
The official
filing date of the final plat shall be the date upon which the town
engineer files a written statement to the town council that the plat
is found to be in full compliance with the provisions of the preliminary
approval.
4.
The final plat
shall be presented to the town council at its next regular meeting
with any appropriate recommendation by the town administrator and
town engineer. The town council shall act on the final plat within
thirty (30) days after the official filing date, unless such time
is extended by agreement with the subdivider or his agent.
5.
After the town
council has determined that plat is in proper form, the arrangement
of the development proposed for the property being subdivided is consistent
with zoning regulations and that the subdivision complies with the
provisions of this ordinance, it may act to approve the plat.
6.
Where physical
improvements are required to serve the subdivided area, the town council
shall consider all proposals with respect to the dedication of rights-of-way
for public use, the construction of utilities, streets, drainage and
other improvements and when satisfied with the proposals, shall authorize
the establishment of agreements for same.
7.
The final plat
shall then be caused to be filed of record by the subdivider in the
plat records of Dallas County, but only after the town council has
officially acted upon the final plat with reference to improvements,
dedications and utilities and the mayor has executed the certificate
of approval.
8.
The town council’s
approval of the final plat shall authorize the mayor to execute the
certificate of approval on the original copy of the final plat.
9.
Final plats
which are disapproved by the town council shall be returned to the
subdivider by the town engineer with an attached statement of the
reasons for such action.
10.
An owner
or subdivider, at his option, may obtain approval of a portion or
a section of a subdivision provided he meets all the requirements
of this ordinance with reference to such portion or section in the
same manner as is required for a complete subdivision. In the event
a subdivision and the final plat thereof is approved by the town council
in sections, each final plat of each section is to carry the name
of the entire subdivision, but is to bear a distinguishing letter,
number or subtitle. Block numbers shall run consecutively throughout
the entire subdivision, even though such subdivision may be finally
approved in sections.
The owner of land on which approval has been obtained on a preliminary
plat shall have prepared and submitted a final plat to the town council.
A reproducible transparent drawing and four (4) copies shall be drawn
to a scale of one hundred (100) feet to one inch and one copy shall
be prepared on linen, mylar or equivalent transparent drafting material
23" x 36" for recording purposes, one print shall show existing contours
at an interval of not more than five (5) feet unless the town engineer
deems such information unnecessary. The final plat shall show the
following:
1.
The primary
control points, or descriptions and “ties” to such control
points, to which all dimensions, angles, bearings and similar data
on the plat shall be referred.
2.
Tract boundary
lines sufficient to locate the exact area proposed for subdivision,
right-of-way lines of streets, easements and other rights-of-way and
property lines of residential lots and other sites; with accurate
dimensions, bearings or deflection angles and radii, arcs and central
angles of all curves.
3.
Name and right-of-way
width of each street or other right-of-way.
4.
Location and
dimensions of all easements.
5.
Number to identify
each lot or building site and each block.
6.
Purpose for
which sites, other than residential lots, are dedicated or reserved.
7.
Minimum building
setback line when required or approved by the town council.
8.
Location and
description of monuments and location and size of public sidewalks.
9.
Reference to
recorded subdivision plats or lots by record name or name of present
owner.
10.
Surveyor’s
or engineer’s certificate, to be placed on the plat; similar
to the one shown below:
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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 were properly placed under my supervision.
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Signature
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Date
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11.
Certificate
of approval by the town council:
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(To be placed on plat)
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Approved this _____ day of _____, 20_____, by the town council
of the Town of Highland Park, Texas.
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Attest:
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Town Secretary, Town of Highland Park, Texas
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Mayor, Town of Highland Park, Texas
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12.
Title, graphic
scale and north point.
13.
Location
of point of intersection and point of tangency of street intersections
other than right angle intersections.
14.
A positive
reference identification of the plan and date of plat.
15.
Owner’s
certificate or deed of dedication–(to be placed on final plat).
The dedication deed or certificate of dedication shall be executed
by all persons, firms or corporations owning an interest in the property
subdivided and platted, and shall be acknowledged in the manner prescribed
by the laws for the State of Texas for conveyances of real property.
The wife of any married man executing such dedication deed or certificate
of dedication shall join with her husband therein unless satisfactory
proof be provided showing that the property to be subdivided does
not constitute any portion of such party’s homestead, in which
case the instrument of dedication shall state the fact that the property
subdivided and platted does not constitute a part of such party’s
actual homestead. In the case of surface lien holders, they may execute
a subordination agreement subordinating their liens to all public
streets, alleys, parks and any other public areas shown on the plat
of such subdivision as being set aside for public uses and purposes.
The dedication deed or certificate of dedication shall, in addition
to the above requirements, contain the following:
a.
An accurate
description of the tract of land subdivided.
b.
A statement
and express representation that the parties joining in such dedication
are the sole owners of such tract of land.
c.
An express
dedication without reservation to the public for public use; the streets,
alleys, rights-of-way and other public areas shown on the attached
plat.
d.
A positive
reference and identification of the plat of such subdivision, date
of plat and engineer.
16.
Tax certificates
indicating that all taxes on the land being subdivided have been paid
to the current year.
17.
Two (2) sets
of plans for any street or utility improvements required and a set
of reproducible transparent sheets, 23" x 36" in size along with all
data and calculations[,] related utilities, drainage or other construction
in the subdivision. Such plans shall also show all existing or proposed
surface and subsurface improvements and obstructions.
The physical design of the proposed subdivision shall conform
to the planning policies of the town and the following minimum standards:
1.
Street standards.
a.
Unless otherwise
approved by the town council, provisions shall be made for the extension
of streets in accordance with the pattern of existing streets and
thoroughfares. Adequate local streets shall be provided to accommodate
the subdivision and provide access to lots.
b.
Where no
specific plan for streets exists, the street layout in a subdivision
shall either:
(1)
Provide
for the continuation or appropriate projection of existing principal
streets in surrounding areas; or
(2)
Conform
to any plan for a neighborhood or planned development approved or
adopted by the town council to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets
impracticable or where neighborhood design makes a varied plan appropriate.
c.
Local streets
shall be laid out so that their use by through traffic will be discouraged.
d.
Street intersections:
More than two (2) streets intersecting at a common point shall be
avoided, except where the joining of more than two (2) streets is
impractical to secure a proper street system otherwise. All intersections
shall be as near ninety (90) degrees as possible.
e.
Culs-de-sac,
dead ends or courts: Culs-de-sac, courts or places may be permitted
where the subdivision design or the shape of the property makes such
street design appropriate. Culs-de-sac, courts or places shall provide
proper access to all lots and shall generally not exceed six hundred
(600) feet in length and a turnaround shall be provided at the closed
end which has a minimum right-of-way radius of fifty (50) feet except
that if an equally safe and convenient form of paved space is approved
by the town council in place of a turning circle such approved space
may be installed as agreed upon.
f.
Streets
with centerline offsets of less than one hundred fifty (150) feet
at intersections shall not be acceptable except in special cases when
approved by the town council.
g.
Half-streets
shall be prohibited except where essential to the reasonable development
of the subdivision and where the town council finds it will be practicable
to require the dedication of the other half of a street when the adjoining
property is subdivided. Wherever a half-street is adjacent to a tract
to be subdivided, the other half of the street shall be platted within
such tract.
h.
Reserve
strips of land controlling access to or egress from other property
or to or from any street or alley or having the effect of restricting
or damaging the adjoining property for subdivision purposes or which
will not be taxable or accessible for special improvements shall not
be permitted in any subdivision unless such reserve strips are conveyed
to the town in fee simple.
i.
The engineering
design and construction plans for all new streets and utilities related
thereto shall be subject to approval by the town council after review
and recommendation by the town engineer.
j.
No street
names shall be used which will duplicate or be confused with the names
of existing streets. Street names shall be subject to approval of
the town council.
2.
Alley or easement
standards.
a.
Alleys or
utility easements shall be provided in all residential areas unless
otherwise approved by the town council. In commercial areas, the town
council may waive the requirement where other definite and assured
provisions are made for service access such as through off-street
loading, unloading and parking areas which are consistent with and
adequate for the uses proposed. The minimum right-of-way width of
an alley or utility easement shall be fifteen (15) feet.
b.
Utility
easements shall be provided within the proposed subdivision as may
be necessary to assure the proper design, installation and maintenance
of either underground or aerial utilities. Easement widths shall be
determined by the type of utility; however, an easement shall not
normally be required along the rear of any lots served by a dedicated
alley.
c.
When a proposed
subdivision is traversed by a watercourse, drainageway, channel or
stream or a proposed drainage easement, there shall be provided a
storm water easement or drainage right-of-way conforming substantially
with the line for such watercourse. The easement or right-of-way width
for such watercourse shall be determined by good engineering practice
and may require improvement or realignment to assure proper drainage
of storm water. The drainageway dedication may include parkway dedication
of any flood plain or low area involving hazard if built upon.
d.
When the
town engineer finds that easements in areas adjoining proposed subdivisions
are necessary to provide adequate drainage thereof or to serve such
subdivisions with utilities, the subdivider shall obtain such easements.
3.
Pedestrian
walk standards.
a.
Pedestrian
walkways up to twenty (20) feet in width may be required where deemed
essential to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities. Pedestrian
walks a minimum of four (4) [feet] wide and conforming to the standard
specifications of the town shall be installed except that this provision
may be waived by the town council upon evidence that equivalent pedestrian
circulation is otherwise provided for.
b.
Sidewalks
may be required on the frontal and side streets at the time the structure
is erected on the lot when the subdivision design makes such walks
essential for safe pedestrian access to schools, parks and other community
facilities.
4.
Building lot
standards–Residential building sites.
a.
The lot
size, width, depth, shape and orientation and the minimum building
setback lines shall be appropriate for the location of the subdivision
and for the type of development contemplated and shall not be less
than either of the following:
b.
Each lot
or building site shall front upon a public street or officially approved
place.
c.
Double frontage
and reverse frontage lots shall be avoided, except where essential
to provide separation of residential development from traffic arteries
or to overcome specific disadvantages of topography and orientation.
d.
Side lot
lines shall be substantially at right angles or radial to street lines
unless approved by the town council.
e.
Building
tracts which are subject to site plan approval for the location of
multiple structures in a planned development district, shopping center,
housing project or similar complex may be platted as building tracts
and are subject to the same standards of access utility service and
improvement as lots except that the site plan for multiple structure
use must be approved by the town council and the town zoning commission
in accordance with the provisions of the zoning ordinance.
f.
Where building
lots or tracts occur on a plat in such a manner as to be below the
street grade elevation thereby requiring water to drain across such
lots, the minimum floor elevations for all main buildings shall be
shown for each lot and such elevations shall be adequate to assure
that surface drainage will not enter the buildings.
5.
Replatting
or alteration of building sites.
a.
Property
shall not be replatted which has been previously platted by a common
dedication, except with the consent of all directly affected property
owners.
b.
No existing
building site shall be altered in area or dimension without the approval
of the town council.
c.
The replat
of the subdivision shall meet all the requirements for a new subdivision
that may be pertinent, as provided for herein.
6.
Modification
or variance of platting standards.
a.
Where existing
conditions require a modification of the standards and regulations
herein contained because of a distinct and unusual condition that
does not prevail or other undeveloped land generally in the town,
the town council may approve a variance from specific standards to
permit the equitable treatment of the land or tract in light of the
unusual condition.
b.
In granting
variances and modifications, the town council may require such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so varied or modified and maintain the spirit
and intent of the standards herein set forth.
1.
The improvement
of all streets, ways, alleys, drainageways and walkways as herein
required shall be in accordance with the standards specified by the
Town of Highland Park for installation of such improvements.
2.
All construction
work, such as street grading, street paving, storm sewers, curb and/or
gutter work, sanitary sewers or water mains performed by the owner,
developer or contractor shall be subject to inspection during construction
by the proper authorities of the town and shall be constructed in
accordance with the standard specifications approved by the town council
and in accordance with the provisions of any other ordinance of the
Town of Highland Park applicable thereto.
3.
Guarantee
for construction or maintenance of streets. Approval of the plat shall
not impose any duty upon the town concerning the maintenance of improvements
of any such dedicated parts until the proper authorities of the town
have made acceptance of the same by entry, use or improvement.
1.
The town shall
withhold all improvements and services of whatsoever nature from all
building sites, lots or additions which have not been approved in
accordance with the regulations herein contained.
2.
No permit
will be issued on property abutting any street in a subdivision prior
to the approval of street grades and street improvements by the Town
Engineer.
3.
No permit
shall be issued by the building official of the Town on any parcel
of property other than an original building site or on a lot in a
duly approved and recorded subdivision or a planned development tract
which has been approved by the Town Council in accordance with the
provisions of the zoning ordinance.
(Ordinance 831 adopted 7/3/75)
1.
Preliminary
plat–
A filing fee of one hundred fifty dollars
($150.00) shall be paid at the time of submission of the preliminary
plat for review by the Town Council.
2.
Final plat–
A filing fee of one hundred fifty dollars ($150.00) shall be
paid at the time of submission of the final plat for checking and
approval by the Town Council.
3.
Multiple
building tracts–
For multiple dwelling projects
or business areas, a filing fee of two hundred fifty dollars ($250.00)
shall be paid when the preliminary plat of tracts or lots is submitted,
and two hundred fifty dollars ($250.00) shall be paid when the final
plat of tracts or lots is submitted.
The fees and charges herein provided shall be paid into the
general fund of the Town of Highland Park when any map or plat is
tendered to the Town Council and each of the fees and charges provided
herein shall be paid in advance and no action of the Town Council
shall be valid until the fee shall have been paid.
(Ordinance adopting Code)
Any person, firm or corporation who shall violate any of the
provisions of this ordinance or who shall fail to comply with any
provision hereof within the corporate limits of the Town of Highland
Park shall be guilty of a misdemeanor and upon conviction thereof,
may be fined as provided in section 1-7 [1.01.009] of this Code. The
penalty provided herein shall be cumulative of other remedies provided
to the Town by and/or under state law or regulation and/or federal
law or regulation.
(Ordinance 1552, sec. 37, adopted 7/21/03)
All ordinances and parts of ordinances inconsistent or in conflict
herewith are hereby repealed.
If any section or part of any section, paragraph or clause of
this ordinance is declared invalid or unconstitutional for any reason,
such declaration shall not be held to invalidate or impair the validity,
force or effect of any other section or sections, part of section,
paragraph or clause of this ordinance.
The fact that the present ordinances of the Town of Highland
Park do not provide adequately for the regulation [of] platting and
land subdivision and the establishment of building sites creates an
urgency and emergency in the preservation of the public health, safety
and welfare and requires that this ordinance shall take effect immediately
from and after its passage and publication of the caption of this
ordinance as the law in such cases provides.
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PASSED AND APPROVED this the 3rd day of July, 1975.
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APPROVED AS TO FORM:
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H. Lou Morrison, Jr.
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Town Attorney
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Mayor, Town of Highland Park, Texas
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ATTEST:
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Jerry T. Bell, Town Secretary
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Ashley H. Priddy, Mayor
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Town of Highland Park, Texas
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