Part II PROCEDURES

§ 2.1 Pre-Application Procedures.

The subdivider(s) should avail themselves of the advice and assistance of the Town officials, and should consult early and informally with the Mayor/Town Manager, the Town Engineer, the Building Official, and/or other designated administrative officers before preparing a land study or any type of plat (e.g., a preliminary plat, final plat, development plat, amended plat, replat, etc.) in order to save time, money and to avoid unnecessary delays. Prior to formal application for approval of any land study or plat (e.g., preliminary, final, amending, replat, development, etc.), the subdivider(s) shall request and attend a pre-application conference with the Mayor (or designee), the Town Engineer, the Building Official, and any other pertinent Town official(s) in order to become familiar with the Town’s development regulations and the development/subdivision process. At the pre-application conference, the developer/subdivider may be represented by his land planner, engineer and/or surveyor.

(Ordinance 336-03 adopted 11/18/03)

§ 2.2 Statutory Procedures.

Zoning Requirements.

A property within the Town’s corporate limits that is being proposed for platting must be properly zoned for the proposed use(s) (see the Town of Bartonville’s Zoning Ordinance and Zoning Map) before a preliminary or final plat can be approved or filed for record. In addition, the proposed development layout/subdivision design shown on the preliminary or final plat must be in conformance with all standards and requirements prescribed in the Town’s Zoning Ordinance before the plat can be approved or filed. Noncompliance with the requirements of the zoning district in which the subject property is located (or lack of the proper zoning) shall constitute grounds for denial of the plat.

A land study may be submitted for review and may be approved without the proper zoning in place, but any such approval is only conditional and shall be subject to acquisition of the proper zoning within one (1) year of the land study approval date. If the proper zoning is not acquired by that time, the approved land study shall expire and shall become null and void.

Classification of Subdivisions and Additions.

Before any land is platted (i.e., filed for record), the property owner shall apply for and secure approval of the proposed subdivision plat, in accordance with the following procedures, unless otherwise provided within this Ordinance. Subdivisions are classified as major or minor (see definitions), depending upon the number of lots to be created and upon whether or not any public improvements will be required to develop the property.

Minor subdivisions shall create no more than four (4) lots, and every lot within a minor subdivision shall already be served by all required utilities and services pursuant to this and other applicable Town ordinances. If the development of any lot within the proposed subdivision will require the construction of a new street (or portion thereof) or a public improvement (e.g., drainage facility, etc.), or if an easement(s) for any public facility(s) must be established on the plat, then the subdivision (and its corresponding plat) shall be classified as a major subdivision (and plat) and shall be processed/approved as such. Minor subdivisions may be approved for residential or nonresidential properties. Minor plat approval requires the submission of a final plat drawing and other submission materials (see Section 2.11 [2.12]) similar to a final plat, except that the minor plat may be approved by both the Mayor and the Planning and Zoning Commission Chairman. A minor plat that is denied by the Mayor and the Planning and Zoning Commission Chairman may be appealed to Planning and Zoning Commission using the procedures set forth in Section 2.4f [2.5f]. Lots may be conveyed (i.e., sold) only when the minor plat has been approved and the plat has been filed at Denton County.

Major subdivisions involve the creation of new streets, the construction/extension of a municipal facility(s), the establishment of an easement(s) or right(s)-of-way for any public facility or roadway, and/or the creation of more than four (4) lots. Major subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a major plat typically requires three steps: land study (or concept plan for nonresidential property), preliminary plat and final plat (see Sections 2.3 through 2.6 [2.4 through 2.7] for applicability and requirements for each). A concept plan or preliminary site plan (see Zoning Ordinance) that includes sufficient information to provide for the proper coordination of the development may serve as a land study for nonresidential property if authorized by the Town Planner. Major plat approval shall be in accordance with Sections 2.4 through 2.6 [2.5 through 2.7]. Upon completion of the required public improvements (or upon submission and Town approval of the appropriate surety for public improvements), the final plat may be filed for record at the County. All major subdivision plats must be considered by the Planning and Zoning Commission and approved by Town Council, pursuant to Sections 2.4 through 2.8 [2.5 through 2.9]. Lots may be sold only when the final plat has been approved by the Town, all public improvements have been constructed (or appropriate surety has been provided), and the plat has been filed at Denton County (i.e., if the land is required to be platted, no conveyance/sale of any portion/lot of the property may occur until after the final plat is approved by the Town and filed at the County).

Submission Requirements.

In addition to the requirements outlined herein for each type of development application, the Town shall maintain separate policies and procedures for the submission and processing of applications including, but not limited to, application forms, checklists, language blocks for plats, and other similar items (forms and paperwork are available at the office of the City Secretary). These policies and procedures may be amended from time to time, and it is the applicant’s responsibility to be familiar with, and to comply with, said policies and procedures.

(Reserved)

Action by Planning and Zoning Commission or Town Council.

See sections 2.5 and 2.6, below.

Simultaneous Submission of Plats.

In the event that an applicant submits preliminary and final plat applications simultaneously, as provided in Section 2.4(c) [2.5(c)], the Town Secretary shall schedule both plat applications for consideration by the Planning and Zoning Commission within thirty (30) days of the official submission date, unless the applicant has executed a waiver of the 30-day review period (in writing) for one or both plats. If the preliminary plat has not received approval prior to consideration of the final plat by the Commission, then the Commission shall deny the final plat application.

Proof of Land Ownership.

In the public interest, the Town requires proof of land ownership prior to approval of any development application involving real property. Along with the application submission, the applicant shall provide written verification (e.g., a notarized statement, power of attorney, etc.) that he/she is the owner of record of the subject land parcel (or the owner’s authorized agent). The Town Secretary shall have the authority to determine what document(s) the Town will require to prove ownership, such as one of the following:

General warranty deed;

Special warranty deed;

Title policy; or

Some other documentation that is acceptable to the Town Secretary.

If ownership cannot be conclusively established prior to the meeting date on which the development application will be heard, and if the Town has concerns regarding the welfare of future owners of all or any portion of the subject property, then the Town shall have the authority to deny the application on the basis of protecting the public interest. The applicant may resubmit a new development application (along with applicable paperwork and filing fees) on the property at any time following such denial (i.e., no waiting period).

Interlocal Agreements.

Where a proposed subdivision is located partially within the jurisdiction of the Town and partially within the jurisdiction of a neighboring municipality, the Town Council may enter into an interlocal agreement with any other such municipality in which the proposed subdivision is partially located to waive the Town’s plat approval requirements save and except that the Town maintains the right to review the subdivision for compliance with the Town’s Comprehensive Plan and compliance with the Town’s design standards.

(Ordinance 336-03 adopted 11/18/03; Ordinance 665-19, sec. 3, adopted 8/20/19)

§ 2.3 Procedures and Submission Requirements for Sketch Plat Approval.

Applicability.

A Sketch Plat is shall be submitted prior to acceptance of an application for any application of a Land Study, Preliminary Plat, Final Plat, Replat, Amending Plat, Minor Plat, or any other plat specified herein.

Purpose.

The sketch plat is a plat used for discussion purposes between the subdivider/developer and the Town, and is intended to discover and discuss any development issues prior to the submission of other plat or development applications.

Procedure.

Prior to submitting the sketch plat, the applicant shall discuss with the Town Secretary the procedure set for the adoption of a subdivision plat and the requirements of the design specifications for the proposed subdivision and of any pertinent City ordinances. Town staff shall also advise the applicant of existing conditions that may affect the proposed subdivision, such as existing or proposed streets, adjacent subdivisions or properties, floodplain and drainage, fire protection, reservation of land, and similar matters, referring the applicant to the proper agencies for services that are not provided by the Town.

A sketch plat may be drawn in pen or pencil to a convenient scale on a sheet not larger than 24" x 36" in size, and it shall show the following:

Proposed name of the subdivision:

Name of the subdivision if property is within an existing subdivision.

Proposed name if not within a previously platted subdivision. No name shall be duplicated, either in part or in whole or be similar in spelling or pronunciation to the name of any other subdivision within the Town or within the Town’s extraterritorial jurisdiction, which may result in confusion to operators of emergency vehicles.

Name of property if no subdivision name has been chosen.

Ownership:

Name and address, including telephone number, of legal owner or agent of property.

Name and address, including telephone number, of the surveyor or individual responsible for plat preparation.

The signature of the owner of the property subject to the sketch plat, or a notarized statement from the owner authorizing the applicant to submit a sketch plat on the property.

Name and address, including telephone number, of the applicant if different from the owner. If the applicant is not the owner of the property, then written approval from the owner shall be provided by the applicant authorizing the submittal of the application.

Features:

Location of any existing wooded areas within or immediately adjacent to the tract.

Indication of the type, size and recording information for all existing easements located on and within two hundred feet (200') of the tract.

Location of any property lines or watercourses located on or within two hundred feet (200') of the tract.

The full right-of-way with dimensions for the full right-of-way width for all rights-of-way located on or within two hundred feet (200') of the tract.

Location and size of all existing sewers, water mains, culverts, and other underground structures located on the tract and within two hundred feet (200') of the tract.

Existing permanent buildings on or immediately adjacent to the site and utility rights-of-way.

Approximate topography suitable to understand general drainage patterns. This may be obtained from previous topographic maps.

The approximate location and proposed widths of all proposed street rights-of-way.

Preliminary concept for connection with existing water system and a preliminary concept for collecting and discharging surface water drainage.

10.

Preliminary concept for collection and treatment of wastewater - i.e. connection to a centralized wastewater collection and treatment system, installation of aerobic systems, installation of septic systems, construction of package plants, etc.

11.

The approximate location, dimensions, and area of all parcels of land to be set aside for public or private open spaces, or for common use of property owners within the subdivision.

12.

The approximate location of existing floodplains with reference to the appropriate panel number for the FIRM referenced.

13.

The location of temporary stakes to enable the Town Staff to find and appraise features of the sketch plat in the field if other landmarks are not present.

14.

Whenever the sketch plat covers only part of an applicant’s contiguous holdings, the applicant shall submit a sketch of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.

15.

A vicinity map showing streets and other general development of the surrounding area.

16.

All zoning district boundaries within or adjacent to the tract.

17.

The phasing of the development or the anticipated order of platting.

Procedures:

Five copies of the sketch plat shall be required for any subdivision or replatting of a subdivision. It may be drawn at a standard scale and size suitable for discussion purposes, and shall show the location of the subdivision, number of lots, typical lot depth and width, proposed utilities and streets, and any other information that may be deemed necessary by the Town.

No sketch plat shall be accepted for processing if it is determined to be administratively incomplete by the Town Secretary or Town Planner. The application and fees

Editor’s note–As set out in Ord. 336-03, the last sentence of subsection 2. was incomplete.

Upon receiving the sketch plat, the Development Review Committee shall classify the subdivision as Major, Minor, Minor With Infrastructure, Replat, Amending Plat or Development Plat and shall review and discuss the plat along with its accompanying reports and other relevant material with the applicant, and shall advise the applicant in writing of the specific changes, if any, required by Town ordinance or regulation as a prerequisite for approval, and any additional changes required.

Any applicant who disagrees with the classification of the plat or any requirements imposed on the sketch plat may appeal first to the Planning and Zoning Commission and then to the Town Council for review. Said appeal shall be filed within ten (10) calendar days of the classification by the Development Review Committee and the Town Council shall have final authority on any requirements imposed.

Effect of Review.

The sketch plat shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities/services that will be needed to serve the proposed development. Any proposed use or development depicted on the sketch plat shall not be deemed formal authorization or approval by the Town until a preliminary plat or development plat is approved for the development (i.e., sketch plat approval is to be thought of as a general acknowledgment by the Town that the proposed layout generally conforms to the Town’s subdivision regulations, and that the proposed development can be adequately served by required public facilities/services). If the applicant chooses to plat only the initial phase or phases of a multi-phase project designated in the sketch plat, a new sketch plat may be required for plat approval of subsequent phases, if the proposed development layout/character and/or other conditions affecting the development substantially change from one phase to the next.

The approved sketch plat shall be valid for a period of one (1) year from the date of sketch plat approval by Town.

(Ordinance 336-03 adopted 11/18/03)

§ 2.4 Procedures and Submission Requirements for Land Study Approval.

Applicability.

A land study (or a concept plan/preliminary site plan, per the Zoning Ordinance) shall be submitted to the Planning and Zoning Commission and the Town Council for review, evaluation and approval in the following circumstances:

In conjunction with an application for preliminary plat approval for any tract of land over fifty (50) acres in size, or for a smaller tract, where the land is part of a larger parcel over fifty (50) acres in size, which is ultimately to be developed under the Town’s Development Ordinance;

In conjunction with a development plat; or

In any case where a road is to be established or realigned.

Purpose.

The purpose of the land study is to allow the Planning and Zoning Commission and Town 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, Thoroughfare Plan and other applicable plans, and the property’s relationship to adjoining subdivisions or properties (also see Section 3.1[e]), and to 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 welfare of the community.

Extent of Area Required for Land Study.

When the preliminary plat or development plat designates the land to be developed in phases, the land study area (or for nonresidential property, the area covered by a concept plan/preliminary site plan, per the Zoning Ordinance) shall include the entire property from which the phases are being subdivided and an approximate development schedule. Where the applicant can demonstrate that natural or man-made features, such as thoroughfares and/or 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 Town Planner 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.

Submission of an application for land study approval shall be preceded by a pre-application conference with the Town (see Section 2.1). The land study shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets no larger than 24" x 36" in size, and it shall show the following:

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 owner/developer and the land planner, engineer[,] architect 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;

A vicinity or location map that shows the location of the proposed development within the Town (or its ETJ) and in relationship to existing roadways;

The limits of the tract and scale distances with north clearly indicated;

The names of adjacent additions or subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc. The land study shall include a depiction of all contiguous holdings of the property owners, the existing/proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any nonresidential uses anticipated, and a generalized circulation plan for the subject property;

The existing zoning and existing/proposed uses on adjacent land (including existing/proposed driveways and median openings, if on a future divided thoroughfare); the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements (with recording information); existing buildings; railroad rights-of-way; topography with existing drainage channels or creeks; any other important natural features; all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;

The layout and width of proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets;

A general arrangement of land uses, including but not limited to park and school sites, public facilities, private open space, floodplains/drainageways, and proposed nonresidential and residential densities and building heights; and

The phasing of development or the anticipated order of platting.

A tree survey showing all existing trees with a minimum trunk diameter of six (6) inches as measured four (4) feet above the ground. Said tree survey shall include a table showing the species, trunk size and health for each tree. The tree survey shall also show the trees proposed for removal and shall provide sufficient detail to determine how the requirements of the Town’s Tree Preservation Ordinance (Ordinance No. 290-02), as amended [article 3.05 of the Code of Ordinances], will be met.

Certificate of No Tax Delinquency.

At the time the developer files a land study application with the Town of Bartonville, he shall also file a certificate showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property in accordance with Section 1.13.

Procedures and Conditions.

The required number of copies of the proposed land study shall be submitted per the Town’s submission guidelines, as may be amended from time to time, accompanied by an application form, the appropriate filing fee, and any other required submission materials determined necessary by the Town Secretary.

The Planning and Zoning Commission and the Town Council shall review and evaluate the land study to determine whether the proposed development conforms to the Comprehensive Plan and applicable development regulations of the Town. The Town Council or the Planning and Zoning Commission may require additional information to be submitted to supplement the initial study. Based upon the land study, the Planning and Zoning Commission may recommend, and the Town Council may require as a condition of preliminary plat or development plat approval, that the land to be platted be developed in phases, that the 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 development standards of the Town’s Development Ordinance.

A land study may be submitted for review concurrently with a preliminary plat, provided that the respective requirements for both types of applications are satisfied (per Sections 2.4 and 2.5). If the preliminary plat cannot be reviewed by the Town Engineer and Town Planner in time for it to be scheduled on the same Planning and Zoning Commission agenda as the land study (i.e., due to lack of familiarity with the proposed subdivision, since the land study did not precede the preliminary plat), then the preliminary plat shall be denied (on the basis of inadequate review time) unless the applicant has executed a waiver of the 30-day review period (in writing) for the preliminary plat.

Effect of Review.

The land study shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities/services that will be needed to serve the proposed development. Any proposed use or development depicted on the land study shall not be deemed formal authorization or approval by the Town until a preliminary plat or development plat is approved for the development (i.e., land study approval is to be thought of as a general acknowledgment by the Town that the proposed layout generally conforms to the Town’s subdivision regulations, and that the proposed development can be adequately served by required public facilities/services). If the applicant chooses to plat only the initial phase or phases of a multi-phase project designated in the land study, a new land study may be required for plat approval of subsequent phases, if the proposed development layout/character and/or other conditions affecting the development substantially change from one phase to the next.

The approved land study shall be valid for a period of one (1) year from the date of land study approval by Town Council. Prior to the lapse of approval for a land study, the property owner may petition the Town to extend the land study approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then Town Council, and an extension may be granted by Town Council at such meeting. If no petition for extension of land study approval is submitted by the property owner/developer prior to the expiration date, the land study shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the Town 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 land study. The Commission may recommend, and the Town Council may approve, extension of the land study or deny the request, in which instance the original land study shall be deemed to be null and void. The property owner must thereafter submit a new land study application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and the Town Council may grant, extension of the land study subject to additional conditions based upon newly enacted Town regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval. The Commission may recommend, and the Town Council may decide, to specify a shorter time for extension of the land study than the original one-year approval period.

(Ordinance 336-03 adopted 11/18/03)

§ 2.5 Procedures and Submission Requirements for Preliminary Plat Approval.

Upon reaching conclusions at the pre-application conference (as described in Section 2.1 above) regarding a general development program and objectives and upon approval of the land study (if required), the subdivider shall have prepared a preliminary plat together with general (i.e., preliminary) utility plans and other supplementary materials, as specified by the Town. The preliminary plat shall be submitted to the Town of Bartonville with the appropriate filing fee and with a written application form per the Town’s submission guidelines, as may be amended from time to time, (but no more than thirty calendar days, unless the applicant waives the 30-day review time in writing) prior to the Planning and Zoning Commission meeting at which it is to be considered.

At the time the developer files a preliminary plat application with the Town of Bartonville, he shall also file a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.13.

The preliminary plat shall be in accordance with the Town’s Zoning Ordinance (including the proper zoning for the intended use) if located within the Town’s corporate limits, and it shall be in accordance with the Town’s Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park/recreation/open space and thoroughfare plans. The preliminary plat shall be prepared by a registered/certified civil engineer, land planner or surveyor.

The preliminary plat may constitute only that portion of the approved land study which the subdivider proposes to construct and record provided, however, that such portion conforms to all the requirements of these regulations.

Copies/prints of the preliminary plat for the proposed subdivision, drawn on sheets eighteen inches by twenty-four inches (18" x 24") and drawn to a known engineering scale of not smaller than one hundred feet to the inch (1" = 100') or a larger scale, shall be submitted in the quantity as specified by the Town (as provided in the Town’s plat submission guidelines, as may be amended from time to time). In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, preliminary plats may be on multiple sheets or to another known engineering scale, as approved by the Town Engineer, and as acceptable for eventual filing at Denton County.

Preliminary plat applications which do not include the required data, a completed application form, the appropriate filing fee, the appropriate number of copies of the plat, and/or other required information will be considered incomplete, shall not be accepted for submission by the Town, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to Town 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 showing phasing of the development, 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.

The subdivider may choose to submit a final plat for review concurrently with the preliminary plat. In such case, the Town may schedule concurrent review of both plats, provided that all required information and other items are submitted for both plats (including full construction plans and the appropriate assurances for the completion of all improvements, as per Section VI), and provided that adequate review can be achieved by the Town. If the Town, due to staff resources and/or other factors, cannot complete its review of both plats (and other associated materials) prior to the applicable Planning and Zoning Commission meeting, then only the preliminary plat shall be considered for approval and the final plat shall be denied unless the thirty (30) day review requirement is waived in writing by the applicant.

Following review of the preliminary plat and other materials submitted in conformity to these regulations, and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be installed, the Planning and Zoning Commission shall act upon the preliminary plat as it was submitted, or as modified. If the Commission recommends approval, the Commission shall state the conditions of such approval, if any, and the preliminary plat shall be placed on the next possible Town Council agenda for consideration. The Town Council shall take action on the preliminary plat within thirty (30) days of the Planning and Zoning Commission’s action. After the preliminary plat has been scheduled on an agenda, the applicant or subdivider may request, in writing, a waiver of the thirty (30) day approval requirement in order to allow him more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the Town’s regulations. After receipt of the request, the Town may delay action on the preliminary plat beyond thirty (30) days of the submission date.

Approval of a preliminary plat by Town Council, upon favorable recommendation by the Planning and Zoning Commission, shall be deemed approval of the street and lot layout shown on the preliminary plat, and to the preparation of the final or record plat (and associated engineering/construction plans for public improvements). Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval and as provided in this Section have been met.

Action by Planning and Zoning Commission or Town Council.

An application for a preliminary plat shall be considered administratively complete upon the occurrence of all of the following: (1) the Town staff and the Town Engineer have determined that the application for a preliminary plat meets all requirements of applicable Town ordinances so that it may be reviewed by the Planning and Zoning Commission or Town Council; (2) the preliminary plat has been placed on a duly posted agenda for the Planning and Zoning Commission or Town Council; and (3) the Planning and Zoning Commission or Town Council has taken action on the preliminary plat. The Filing Date of a preliminary plat means the date a preliminary plat is considered by the Town to be administratively complete and is heard by either the Planning and Zoning Commission or Town Council.

The Planning and Zoning Commission or Town Council may take one of the following actions: (a) approve the preliminary plat; (b) approve the preliminary plat with conditions; or (c) disapprove the preliminary plat.

In the event the Planning and Zoning Commission or Town Council conditionally approves or disapproves a preliminary plat, the Planning and Zoning Commission or Town Council shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval, in accordance with Section 212.0091 of the Texas Local Government Code, as amended. After the conditional approval or disapproval of a preliminary plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason provided for the disapproval, in accordance with Section 212.0093 of the Texas Local Government Code, as amended. In the event the Planning and Zoning Commission or Town Council receives such a response from the applicant, the Planning and Zoning Commission or Town Council shall determine whether to approve or disapprove the applicant’s previously conditionally approved or disapproved plat not later than the fifteenth (15th) day after the date the response was submitted, in accordance with Section 212.0095 of the Texas Local Government Code, as amended.

The statutory 30-day time frame for preliminary plat approvals, established by Chapter 212 of the Texas Local Government Code, shall commence on the filing date.

Pursuant to Section 212.009(b-2) of the Texas Local Government Code, as amended, upon application in writing by the applicant, the Planning and Zoning Commission or Town Council may approve one (1) Extension of Right to 30-Day Action, such Extension not to exceed 30 additional days.

Standards for Approval.

No preliminary plat shall be recommended for approval by the Planning and Zoning Commission, or approved by the Town Council, unless the following standards have been met:

The plat substantially conforms with the approved land study or other studies and plans, as applicable;

The preliminary layouts of required public improvements and Town utilities have been approved by the Town Engineer; and

The plat conforms to applicable zoning and other regulations.

The plat has been approved by the Permitting Authority, as defined in Chapter 285 of the Texas Administrative Code, in accordance with Title 30, Texas Administrative Code, Chapter 285, Section 285.4(c) relating to the review of subdivision plans prior to the application for a permit for an on-site sewage facility.

No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat by Town Council, upon a favorable recommendation by the Planning and Zoning Commission. The applicant shall also provide copies of letters from applicable local utility companies stating that each utility company has reviewed the preliminary plat and stating any requirements (including easements) they may have. This requirement may be deferred until the final plat is submitted if such deferral request is submitted to the Town in writing and approved by the Town Engineer prior to the Planning and Zoning Commission meeting at which the preliminary plat will be considered. No excavation, grading or site clearing activities shall occur prior to approval of the final plat and the construction (i.e., engineering) plans. However, limited/preliminary grading or site preparation activities (e.g., excavation, filling, tree removal/clearing, etc.) may be authorized by the Town Engineer, at his discretion, if such request is submitted in writing by the property owner/developer and if such activities will not be detrimental to the public health, safety or general welfare.

The required copies/prints (as determined by the Town) of the proposed preliminary plat and associated construction (i.e., engineering) plans shall show the following (the preliminary plat itself shall only include those items marked by italics - general physical/engineering data shall be shown on the preliminary grading and utility plans submitted along with the preliminary plat; other detailed engineering data shall be included in the construction plans when they are submitted with the final plat):

A vicinity/location map that shows the location of the proposed preliminary plat within the Town (or within its ETJ) and in relationship to existing roadways;

Boundary lines, abstract/survey lines, corporate or other jurisdictional boundaries, existing or proposed highways and streets (including right-of-way widths), bearings and distances sufficient to locate the exact area proposed for the subdivision, and all survey monuments (identified and labeled; see Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc lengths, tangent lengths and central angles of all curves shall be indicated along the lines of each lot (curve and/or line data may be placed in a table format); accurate reference ties via courses and distances to at least one recognized abstract/survey corner or existing subdivision corner shall be shown;

The name, location and recording information of all adjacent subdivisions (or property owners of adjacent unplatted property), including those located on the other sides of roads or creeks, 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 streets, building setbacks, lot/block numbering, easements, and other features that may influence the layout of development of the proposed subdivision; adjacent unplatted land shall show property lines, the names of owners of record, and the recording information;

The location, widths and names of all streets and easements (it shall be the applicant’s responsibility to coordinate with appropriate utility entities for placement of necessary utility easements), existing or proposed, within the subdivision limits and adjacent to the subdivision; a list of proposed street names shall be submitted (in the form of a letter/memo along with the application form) for all new street names (street name approval is required at the time the preliminary plat is approved);

The location of all existing property lines, existing lot and block numbers and date recorded, easements of record (with recording information), buildings, existing sewer or water mains, gas mains or other underground structures (including the type and size of existing, sewer, water, gas mains or other underground structures), or other existing features within the area proposed for subdivision;

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 a separate sheet, such as the concept plan or preliminary site plan, per the Zoning Ordinance);

A title block within the lower right-hand corner of the plat (and preliminary grading and utility plans) which shows the title/name under which the proposed subdivision is to be recorded, the name and address of the owner/developer and the name of the land planner, engineer or registered public surveyor who prepared the plat/plans, the scale of the plat, the date the plat was prepared, and the location of the property according to the abstract/survey records of Denton County, Texas; the subdivision name shall not duplicate (or phonetically replicate) the name of any other platted subdivision in Bartonville or its ETJ, but phasing identification is allowed (it is the owner’s/developer’s responsibility to check the plat records of Denton County to ensure that the proposed subdivision name will not duplicate or sound too much like a subdivision name already in existence - the Town may, at its discretion, require a different subdivision name if there is potential for confusion by public safety officials or the general public);

Sites, if any, to be reserved or dedicated for parks, schools, playgrounds, other public uses;

Scale, date, north arrow oriented to the top or left side of the sheet, and other pertinent informational data;

10.

Contours with intervals of two feet (2') or less shown for the area, with all elevations on the contour map referenced to sea level datum;

11.

Areas contributing drainage to the proposed subdivision shall be shown in the preliminary drainage plan; locations proposed for drainage discharge from the site shall be shown by directional arrows;

12.

All physical features of the property to be subdivided shall be shown in the preliminary utility/drainage plans, including the 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, the outline of major wooded areas or the location of major or important individual trees, and other features pertinent to subdivision;

13.

(Reserved)

14.

Proposed phasing of the development; 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 Town 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 for such phases as the Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares;

15.

All preliminary plats shall be submitted in a legible format that complies with Denton County requirements for the filing of plats, and shall be drawn on a good grade blue line or black line paper;

16.

Proposed or existing zoning of the subject property and all adjacent properties;

17.

Minimum finished floor elevations of building foundations shall be shown for lots adjacent to a floodplain or within an area that may be susceptible to flooding;

18.

Certificates and other language shall be included on the plat, pursuant to the following sections:

A statement that the subdivided area is legally owned by the applicant.

An accurate legal (i.e., metes and bounds) description by bearings and distances (including necessary curve and line data), accurate to the nearest one-hundredth of a foot, for all boundary, block and lot lines, with descriptions correlated to a permanent survey monument.

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 that they do dedicate, in fee simple, to the public use forever the street and easements 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 or other appurtenance 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.

The registered public surveyor’s certificate, with a place for his signature and notarization of his signature.

A place for plat approval signature of the Mayor or Mayor Pro Tem of the Town Council, a place for the Town Secretary to attest such signature, and the approval dates by the Planning and Zoning Commission and Town Council.

Following are the certificates/languages to be used on the plat to accommodate the above requirements:

Owner’s Certificate (required):

STATE OF TEXAS §

COUNTY OF _____§

WHEREAS, (Name(s)) is (are) the Owner(s) of a tract of land situated in the (_____) Survey, Abstract No. (_____), Denton County, Texas and being out of a (_____) acre tract conveyed to him (them) by (_____), and a (_____) acre tract conveyed to him (them) by (_____), and being more particularly described as follows:

(Enter accurate metes and bounds property description here)

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:

That _____, acting herein by and through his (its) duly authorized officers, does hereby adopt this plat designating the hereinabove described property as _____, an addition to the Town of Bartonville, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and easements shown thereon. The streets 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 Town of Bartonville. 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 Town of Bartonville’s use thereof. The Town of Bartonville 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 Town of Bartonville 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 Town of Bartonville, Texas

WITNESS, my hand, this the _____ day of __________, 20___

BY:

_____________________________

Authorized Signature of Owner

_____________________________

Printed Name and Title

STATE OF TEXAS §

COUNTY OF _____§

Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _____, Owner, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed.

Given under my hand and seal of office, this _____ day of __________, 20___.

_____________________________

Notary Public in and for the State of Texas

_____________________________

My Commission Expires On:

Surveyor’s Certificate (required):

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 Development Ordinance of the Town of Bartonville.
(seal)	Signature of Registered Public Land Surveyor
	Registration No. _____
STATE OF TEXAS	§
COUNTY OF	_____§
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _____, Land Surveyor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed.
Given under my hand and seal of office, this _____ day of __________, 20_____.
Notary Public in and for the State of Texas
My Commission Expires On:

Approval Block (required):

PRELIMINARY PLAT
Approved for preparation of final plat for the subdivision shown on this plat.
APPROVED BY: Planning and Zoning Commission Town of Bartonville, Texas
_____________________________ Signature of Chairman	__________ Date
APPROVED BY:	Town Council
	Town of Bartonville, Texas
_____________________________ Signature of Mayor	_________ Date
ATTEST:
_____________________________ Town Secretary	__________ Date

Special Notice (required):

NOTICE: Selling a portion of this addition by metes and bounds is a violation of Town ordinance and State law, and is subject to fines and/or withholding of utilities and building permits.

Visibility, Access and Maintenance Easements (to be used if applicable):

The area or areas shown on the plat as “VAM” (Visibility, Access and Maintenance) Easement(s) are hereby given and granted to the Town, its successors and assigns, as an easement to provide visibility, right of access for maintenance upon and across said VAM Easement. The Town shall have the right but not the obligation to maintain any and all landscaping within the VAM Easement. Should the Town exercise this maintenance right, then 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 Town 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 Town 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 Town, 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.

Fire Lanes (to be used if applicable):

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 in accordance with the Town of Bartonville’s paving standards for fire lanes, 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 accessibility 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 local law enforcement agency(s) is hereby authorized to enforce parking regulations within the fire lanes, and to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire department and emergency use.

Access Easements (to be used if applicable):

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 Town of Bartonville, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises.

Other Plat Language. The plat shall include any other applicable language (e.g., for drainage/floodway or other special types of easements, etc.) deemed appropriate and necessary by the Town for the purpose of protecting the public health, safety and welfare. Applicable plat languages are available upon request at the Town.

[Reserved]

Effect of Approval.

Approval of a preliminary plat authorizes the property owner, upon fulfillment of all requirements and conditions of approval, to submit an application for final plat approval (see Section 2.6).

Extension and Reinstatement Procedure.

Approval of a preliminary plat shall be valid for a period of one (1) year from the date of Town Council approval unless reviewed by the Planning and Zoning Commission and extended by Town Council (see next subsection) in the light of new or significant information which would necessitate the revision of the preliminary plat. Within one (1) year from the approval date of a preliminary plat, a final plat (and associated engineering/construction plans) must be approved by the Town for construction of the development or the preliminary plat shall expire and become null and void.

Prior to the lapse of approval for a preliminary plat, the property owner may petition the Town to extend the preliminary plat approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission and then Town Council, and an extension may be granted by Town Council at such meeting. If no petition for extension of preliminary plat approval is submitted by the property owner/developer (and no final plat has been approved by the Town) prior to the expiration date, the preliminary plat shall be deemed to have expired and shall become null and void.

In determining whether to grant a request for extension, the Town 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 would apply to the preliminary plat. The Commission may recommend, and Town Council may grant, extension of the preliminary plat or denial of the request, in which instance the original preliminary plat shall be deemed to be null and void. The property owner must thereafter submit a new preliminary plat application for approval, and shall conform to the subdivision regulations then in effect.

The Commission may recommend, and Town Council may grant, extension of the preliminary plat subject to additional conditions based upon newly enacted Town regulations and/or State legislation, or such as are necessary to ensure compliance with the original conditions of approval and to protect the public health, safety and welfare. The Commission may recommend, and Town Council may specify, a shorter time for extension of the preliminary plat than the original one-year approval period.

(Ordinance 336-03 adopted 11/18/03; Ordinance 414-06, sec. 1, adopted 1/16/07; Ordinance 665-19, sec. 4, adopted 8/20/19)

§ 2.6 Procedures and Submission Requirements for Final Plat Approval.

The final plat shall be in accordance with the preliminary plat, as approved, and shall reflect/incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and Town Council upon the preliminary plat. The final plat shall not be approved by the Town until detailed engineering and construction plans for all required public improvements have been prepared by the applicant and submitted to the Town for reviewed/approval by the Town Engineer. The final plat shall not be submitted prior to approval of the preliminary plat (see Section 2.5 c. for exception). At the time the developer files a final plat application with the Town of Bartonville, he shall also file a certificate showing that all taxes have been paid on the property to be subdivided, and that no delinquent taxes exist against the property in accordance with Section 1.13.

The final plat shall be in accordance with the Town’s Zoning Ordinance (including the proper zoning for the intended use) if located within the Town’s corporate limits, and it shall be in accordance with the Town’s Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park/recreation/open space and thoroughfare plans. The final plat shall be prepared by a registered/certified civil engineer, land planner or surveyor, and shall include all land area that is proposed for immediate development.

Procedures for Final Plat Approval:

Submission and Review of Final Plat Application.

The required number of copies of the proposed final plat (and associated engineering/construction plans) shall be submitted at least twenty-one (21) calendar days (but no more than thirty calendar days, unless the applicant waives the 30-day review time in writing) before the Planning and Zoning Commission meeting at which it shall be considered, accompanied by an application form and a filing fee (per the Town’s plat submission guidelines, as may be amended from time to time). The Town Secretary (or designee) shall check the plat to ascertain its compliance with these regulations and shall report any points of noncompliance to the applicant. If revisions are necessary, the applicant/developer or his engineer shall submit additional corrected copies of the properly completed final plat to the Town Secretary for final action no later than seven (7) days prior to the Commission meeting. Failure to submit corrected copies back to the Town in time shall be reason to determine the submittal as incomplete and as reason to not schedule the final plat on the Commission’s agenda or to deny the final plat application. If, upon resubmission of the final plat application to the Town, the Town Secretary (or designee) determines that the application is still incomplete (i.e., not ripe for consideration), the application will be subject to denial.

Final Plats in Which an Improvement Agreement is not Required, a Variance is not Sought or the Improvement of Public Improvements is not Deferred.

These approval procedures shall apply to those final plats in which an improvement agreement is not required, a variance from the Town’s Development Ordinance is not sought, or the construction of public improvements is not deferred. The Planning and Zoning Commission shall approve or deny the final plat within thirty (30) days of the official submission date. If the Planning and Zoning Commission denies a final plat application, the Commission shall state such disapproval and the reasons therefor.

Final Plats in Which an Improvement Agreement is Required, a Variance is Sought or the Improvement of Public Improvements is Deferred.

These approval procedures shall apply to those final plats in which an improvement agreement is required, a variance from the Town’s Development Ordinance is sought, or the construction of public improvements is deferred. The Planning and Zoning Commission shall recommend approval, approval subject to certain conditions, or denial of the final plat within thirty (30) days of the official submission date. The Town Council shall take action on the final plat within thirty (30) days of the Planning and Zoning Commission’s action. If the Town Council denies a final plat application, the Council shall state such disapproval and the reasons therefor.

An application for a final plat shall be considered administratively complete upon the occurrence of all of the following: (1) the Town staff and the Town Engineer have determined that the application for a final plat meets all requirements of applicable Town ordinances so that it may be reviewed by the Planning and Zoning Commission or Town Council; (2) the final plat has been placed on a duly posted agenda for the Planning and Zoning Commission or Town Council; and (3) the Planning and Zoning Commission or Town Council has taken action on the final plat. The Filing Date of a final plat means the date a final plat is considered by the Town to be administratively complete and is heard by either the Planning and Zoning Commission or Town Council.

The Planning and Zoning Commission or Town Council may take one of the following actions: (a) approve the final plat; (b) approve the final plat with conditions; or (c) disapprove the final plat.

In the event the Planning and Zoning Commission or Town Council conditionally approves or disapproves a final plat, the Planning and Zoning Commission or Town Council shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval, in accordance with Section 212.0091 of the Texas Local Government Code, as amended. After the conditional approval or disapproval of a final plat, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason provided for the disapproval, in accordance with Section 212.0093 of the Texas Local Government Code, as amended. In the event the Planning and Zoning Commission or Town Council receives such a response from the applicant, the Planning and Zoning Commission or Town Council shall determine whether to approve or disapprove the applicant’s previously conditionally approved or disapproved plat not later than the fifteenth (15th) day after the date the response was submitted, in accordance with Section 212.0095 of the Texas Local Government Code, as amended.

The statutory 30-day time frame for final plat approvals, established by Chapter 212 of the Texas Local Government Code, shall commence on the Filing Date.

Return and Filing of Final Plat.

Upon final plat approval and following construction of all required public improvements or provision of appropriate surety, if applicable, the developer/applicant shall return copies of the final plat, as approved, with any other required documents and necessary fees attached thereto to the Town Secretary (or designee), in accordance with requirements established by the Town. All easements shall be included on the plat (including recording information for those easements that are filed as separate instruments) as required by utility companies and/or the Town of Bartonville prior to filing, and a copy of letters from each applicable utility company shall be submitted to the Town Secretary (or designee) stating that the plat contains the property easements. All the necessary filing materials, including mylars, reductions and/or blueline copies, as required by the County Clerk of Denton County, in addition to mylar copies and a computer disk containing the digital plat file(s) required by the Town, shall be returned to the Town Secretary (or designee) with the required fees. The Town Secretary shall file the final plat within thirty (30) calendar days of the date of final plat approval at the office of the County Clerk of Denton County provided that all requirements have been satisfied.

Waiver of Thirty (30) Day Approval Requirement.

After the final plat has been scheduled on an agenda pursuant to the approval processes specified in Subsections 2.6c.2. and 2.6c.3. above, the applicant or subdivider may request, in writing, a waiver of the thirty (30) day approval requirement in order to allow him more time to correct deficiencies, address concerns, or otherwise improve the plat pursuant to the Town’s regulations. After receipt of the request, the Town may delay action on the final plat beyond thirty (30) days of the submission date.

The final plat (and any replat or other recordable plat) shall be prepared by a registered public surveyor or licensed land surveyor.

Standards for Approval.

No final plat shall be recommended for approval by the Planning and Zoning Commission or approved by Town Council unless the following standards have been met:

The plat substantially conforms with the approved preliminary plat and other studies and plans, as applicable;

The complete engineering/construction plans for all required public improvements and Town utilities have been submitted to the Town for review/approval by the Town’s Engineer (whether specifically stated or not, final plat approval shall always be subject to any additions and/or alterations to the engineering/construction plans as deemed necessary by the Town Engineer, as needed, to ensure the safe, efficient and proper construction of public improvements within the subdivision); and

The plat conforms to applicable zoning and other regulations.

When all of the improvements are found to be constructed/installed (i.e., completed) in accordance with the approved plans and specifications and with the Town’s standards, and upon receipt by the Town of Bartonville of a maintenance bond or certificate of deposit in accordance with Section VI of this Ordinance from each contractor, three (3) sets of “AS BUILT” (or “Record Drawing”) plans and one (1) 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 Town Engineer shall receive and accept for the Town of Bartonville the title, use and maintenance of the improvements according to Section VI.7 [6.7]. The final plat shall not be filed for record prior to receipt of the above letter and other items, nor prior to acceptance of the improvements by the Town.

Timing of Public Improvements.

The Commission and Town Council may require all or some of the public improvements to be installed, offered for dedication, and/or accepted by the Town prior to approval of the final plat by the Town if there exists a compelling reason that is consistent with the public health, safety and/or welfare to do so (also see Section VI).

The Town 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 would offer significant advantage in coordinating the site’s development with adjacent properties and off-site public improvements. The deferred construction of any required public improvement(s) must be approved by the Town at the time of final plat approval, and the necessary assurances for completion of the improvements (in accordance with Section VI) shall be a stipulation (i.e., condition) of approval of the final plat.

If the Town Council does not require that all public improvements be installed, offered for dedication and/or accepted by the Town prior to signing the final plat (in preparation for recording), it shall require that the applicant provide assurances/security for the completion of the improvements or escrowed funds, as provided in Section VI.

(Ordinance 336-03 adopted 11/18/03; Ordinance 353-04 adopted 5/18/04; Ordinance 414-06, sec. 2, adopted 1/16/07; Ordinance 665-19, sec. 5, adopted 8/20/19)

§ 2.7 Final Plats (Information and Format Requirements).

Copies/prints of the final plat for the proposed subdivision, drawn on sheets eighteen inches by twenty-four inches (18" x 24") and drawn to a known engineering scale of not smaller than one hundred feet to the inch (1" = 100') or a larger scale, shall be submitted in the quantity as specified by the Town (as provided in the Town’s plat submission guidelines, as may be amended from time to time). In cases of large developments which would exceed the dimensions of the sheet at one hundred foot (100') scale, final plats may be on multiple sheets or to another known engineering scale, as approved by the Town Planner, and as acceptable for filing at Denton County.

Complete engineering/construction plans of all public improvements to be constructed with the development (including streets, water and sewer lines, drainage structures, screening or retaining walls, required landscaping, etc.) shall be submitted along with the final plat application. Failure to submit complete construction plans shall cause the final plat application to be incomplete.

Final plat applications which do not include the required data, completed application form, filing fee, number of copies of the plat, and/or other required information (including complete engineering/construction plans for public improvements) will be considered incomplete, shall not be accepted for submission by the Town, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to Town staff. Additional copies of the final plat may be required if revisions or corrections are necessary.

All information that is required for inclusion on a preliminary plat (see Section 2.5(i)) shall be shown on the final plat (however, physical features such as topographical contours, structures, etc. shall not be shown on the final plat). In addition to these items, the final plat shall also provide a place for the County Clerk of Denton County to stamp the date and location where the plat will be filed (i.e., “Plat #_____, Plat Cabinet #_____, etc.) in the lower left-hand corner of the plat drawing. All aspects of the final plat shall conform to the standards of Denton County for plats (e.g., clarity, sheet size, paper type, lettering size, reproducibility, etc.). It is the applicant’s/developer’s responsibility to be familiar with the County’s standards for filing plats and to comply with same.

Approval Block.

The approval block used on the previously approved preliminary plat shall be modified and shown on the final plat, as follows:

FINAL PLAT
Approved by the Town of Bartonville for filing at the office of the County Clerk of Denton County, Texas.
APPROVED BY: Planning and Zoning Commission Town of Bartonville, Texas
______________________ Signature of Chairman	__________ Date
APPROVED BY:	Town Council
	Town of Bartonville, Texas
______________________ Signature of Mayor	__________ Date
ATTEST:
______________________ Town Secretary	__________ Date

Engineering/Construction Plans.

Along with the final plat application, the developer shall cause to be prepared and shall submit the required copies of the complete engineering/construction plans for streets, storm sewers/drainage structures, water and sanitary sewer facilities, screening and/or retaining walls, landscaping/irrigation, and any other required public improvements for the area covered by the final plat. Cost estimates shall also be submitted with the construction plans. Prior to construction of any public improvements, a set of construction plans marked “Approved” (by the Town Engineer) must be on file at the Town. A full set of the Town-approved engineering/construction plans must also be available for inspection on the job site at all times.

The developer shall have these plans prepared by their own professional engineer(s), subject to approval of the plans by the Town of Bartonville. The Town Engineer shall review, or cause to be reviewed, the plans and specifications and if approved, shall mark them “Approved” and shall 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. Once the construction plans are approved by the Town, the owner/developer shall provide additional sets of the approved plans to the Town, as specified by the Town Engineer, for use during construction.

After approval of the final plat, construction plans and specifications by the Town of Bartonville, the developer shall cause a contractor to install/construct the public improvements in accordance with the approved plans and the Town’s standard specifications, and at the developer’s expense (also see Section VI). The developer shall employ engineers, surveyors and/or other professionals as necessary to design, stake, supervise and perform the construction of such improvements, and shall cause his contractor to construct the said improvements in accordance with these regulations and with the Town’s design standards.

Construction plans shall be prepared by or under the direct supervision of a professional engineer registered in the State of Texas, as required by State law governing such professions and in accordance with this Ordinance and the Town’s Engineering Design Standards (EDS). All construction plans submitted for Town review shall be dated and shall bear the responsible engineer’s registration number, his designation of “professional engineer” or “P.E.”, and the engineer’s seal. Construction plans shall be approved by the Town Engineer when such plans meet all of the requirements of this Ordinance and the Town’s EDS.

Engineering and construction plans shall be in conformance with the Town’s EDS and with the requirements set forth herein. Engineering/construction plans showing paving and design details of streets, culverts, bridges, storm sewers, water mains, sanitary sewers, perimeter sidewalks, screening walls, landscape/irrigation plans (if appropriate), and other engineering details of the proposed subdivision at a scale of one inch equals 40 or 50 feet (1" = 40' or 50') horizontally and one inch equals 4, 5, or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the Town of Bartonville along with a copy of the final plat of the subdivision. The number of copies as specified by the Town shall be submitted along with the final plat submittal.

As part of the engineering/construction plans, a drainage plan showing how the drainage of each lot relates to the overall drainage plan for the plat under consideration shall be submitted. The drainage plan shall be made available to each builder within the proposed subdivision and all builders shall comply with the drainage plan.

The engineering/construction plans shall be valid for a period of one (1) year after approval by the Town. The Town of Bartonville may grant a one (1) year extension, after which they are subject to reapproval by the Town if no construction has occurred.

(Ordinance 336-03 adopted 11/18/03)

§ 2.8 Development Plats.

Authority.

This section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.

Applicability.

For purposes of this section, the term “development” means the 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 Town or within its extraterritorial jurisdiction in the following circumstances:

The development of any tract of land which has not been platted or replatted prior to the effective date of this Ordinance, unless expressly exempted herein;

The development of any tract of land for which the property owner claims an exemption from the Town’s Development Ordinance, including requirements to replat, which exemption is not expressly provided for in such regulations;

The development of any tract of land for which the only access is a private easement/street;

The division of any tract of land resulting in parcels or lots each of which is greater than five (5) acres in size, and where no public improvement is proposed to be dedicated.

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, [or] the proposed development includes one (1) single-family detached residential unit on a single parcel of land that was existing in its current configuration prior to the effective date of this Ordinance. The Town Council may, from time to time, exempt other development or land divisions from the requirements of this section.

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 recommended for approval by the Planning and Zoning Commission and approved by Town Council and filed with the Town Secretary (or his/her designee). Notwithstanding the provisions of this Section, the Town shall not require building permits or otherwise enforce the Town’s Building Code in the Town’s extraterritorial jurisdiction in relation to any development plat required by this Development Ordinance.

Standards of Approval.

The development plat shall not be approved until the following standards have been satisfied:

The proposed development conforms to all Town plans, including but not limited to, the Comprehensive Plan, Thoroughfare Plan, Land Use Plan, park/recreation/open space plan, utility plans and applicable capital improvements plans;

The proposed development conforms to the requirements of the Zoning Ordinance (if located within the Town’s corporate limits);

The proposed development is adequately served by public facilities and services, parks and open space in conformance with Town regulations;

Appropriate agreements for acceptance and use of public dedications to serve the development have been tendered; and

The proposed development conforms to the design and improvement standards contained in this Ordinance and in the Town’s EDS.

Conditions.

The Town may impose such conditions on the approval of the development plat as are necessary to assure compliance with the standards in subsection (e) above.

Land Study Requirement.

Whenever a property owner proposes to divide land into tracts or lots each of which is greater than five (5) 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 2.4 of this Ordinance.

Approval Procedure.

The application for a development plat shall be submitted to the Town in the same manner as a final plat (see Sections 2.6 and 2.7), and shall be approved, conditionally approved, or denied by the Town Council following review and recommendation by the Planning and Zoning Commission in a similar manner as a final plat. Upon approval, the development plat shall be filed at the County by the Town of Bartonville in the same manner as a final plat (see Section 2.7).

Submittal Requirements -

In addition to all information that is required to be shown on a final plat (see Section 2.7), a development plat shall:

Be prepared by a registered professional land surveyor;

Clearly show the boundary of the development plat;

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;

Show all easements and rights-of-way within or adjacent to the development plat; and

Be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the Town’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

Oil and Gas Well Development Plats.

Prior to the issuance of an oil/gas drilling permit, any person who proposes drilling and/or the production of oil or gas on a tract of land located within the Town limits or within the Town’s Extraterritorial Jurisdiction shall prepare and file an Oil/Gas Well Development Plat Application with the Town.

Oil/Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc. Gov’t Code Ann. § 212.041 through § 212.050 (Vernon 2003), Section 2.8 of this Ordinance, and no new oil or natural gas development may begin on property until the Oil/Gas Well Development Plat is filed and approved by the Planning and Zoning Commission in accordance with the provisions of this Subsection and a drilling permit has been approved and issued by the Town Council.

Erosion control is required and shall comply with all local, state and federal requirements. The operator shall file a copy of the Stormwater Pollution Plan if required by the EPA.

With the exception of vehicular access, no development shall be allowed in a floodplain.

General Requirements.

An Oil/Gas Well Development plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by ten (10) copies of the application, including copies of all submitted documents and prints plat, the required filing fee (per the Town’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

Existing Features.

The Oil and Gas Well Development Plat shall be drawn at a scale of one hundred feet to the inch (1" = 100') or at a scale approved by the Town Engineer. The information to be included and the procedure for submittal are as follows:

Boundary lines of the entire lease area (may be referred to as production unit) covered by the Oil and Gas Well Development Plat, indicated by heavy lines, and the computed acreage of the subdivision shall be noted;

The widths and names of all existing or platted streets or other public rights-of-way or easements within one thousand (1,000) feet of the surface tract and within one thousand (1,000) feet of the wellhead site, shall be located together any existing permanent buildings, railroads, and other important features, such as abstract lines, political subdivisions or corporation boundaries, and school district boundaries;

Existing sewer mains, water mains, drainage culverts, or other underground structures within two hundred (200) feet of the surface tract and within two hundred (200) feet of the wellhead site, with pipe sizes and grades;

Contours with intervals of two (2) feet or less, with references to mean sea level datum;

The names and lot patterns of subdivisions and/or the names of record owners of unsubdivided land within six hundred (600) feet of the perimeter of the Oil and Gas Well Development Plat;

Permanent structures and land uses within the area covered by the Oil and Gas Well Development Plat and within six hundred (600) feet of the perimeter of the wellhead site. Said permanent structures and uses shall include houses, barns, walls, wells, tanks, and other significant features;

The exact location, dimension, description, and flow line of existing drainage structures and the locations, flow line of existing watercourses, and the 100-year FEMA floodplain within the plat or within six hundred (600) feet of the wellhead site;

New Features.

The following features must also be shown on the Oil and Gas Well Development Plat.

North point, scale, date, and approximate acreage of the lease area;

The addresses, and phone numbers of the applicant(s), engineer, surveyor, or planner;

The tract designation and other description according to the real estate records of the Town, County, or Central Appraisal District for each tract of land contained within the Oil and Gas Well Development Plat;

The layout, names, and widths of all existing and proposed interior roads, gates, and fencing;

Identification of all truck routes and access points;

A drainage and erosion control plan that is prepared by a professional engineer licensed to operate in the State of Texas must be submitted with an application for an Oil and Gas Well Development Plat. The drainage and erosion control plan must be approved by the Town Engineer and must include the following information:

Access crossings of floodplains, creeks, and/or streams shall be designed to a 25-year storm frequency. In addition, all development, including access roads and pad sites, must comply with the Town of Bartonville Flood Damage Prevention ordinance;

ii.

The erosion control plan must provide references to Texas Commission on Environmental Quality (TCEQ) and federal standards and must indicate how these requirements are to be satisfied;

iii.

Verification that all floodplain, creek, and stream crossings shall have no negative affects on other property. Gravel pad sites shall be evaluated assuming a runoff coefficient of not less than 0.70. Detention or other acceptable means must be provided to ensure there is no adverse impact on downstream properties.

Identify the proposed source of water and any other public utilities required;

Identify the location of proposed lease lines and well locations:

Label distance between wellhead site and property lines;

ii.

Label distance between wellhead site and structures within 600 feet of wellheads as measured from the property line;

iii.

Label distance between temporary holding ponds and floodplains;

Provide typical well site schematics showing layout during drilling and upon completion of drilling;

Show location of all proposed underground pipelines;

Identify pipelines connected with a Gas Distribution System;

Identify the location of any fresh water wells;

Identify the location of all reserve pits, structures, tanks and all areas where equipment is to be stored;

Identify all required screening and shrubs;

Legal description of the property included within the plat and a metes and bounds description of perimeter of the plat encompassing the entire lease area;

Primary control points or descriptions (property corners), and ties to such control points to which all dimensions, angles, bearings, block numbers, and similar data shall be referred;

Location of Town limits, ETJ, and zoning district boundaries, if they traverse the plat, or form any part of the boundary of the plat, or are contiguous to the boundary of the plat;

Any proposed changes in topography shown by contour lines, spot elevations and flow arrows using two (2) foot vertical intervals;

A copy of all existing protective covenants regulating the use of land shall be submitted with an application for an Oil or Gas Well Development Plat; and

Written agreement(s) with notarized signatures of the owner(s) of the surface property on which the pad site is located for an Oil and Gas Well Development Plat and any person owning a residential structure located within six hundred (600) feet of a proposed wellhead site that grants authorization to drill within six hundred (600) feet of said residential structure(s) must be submitted with an application for an Oil and Gas Well Development Plat.

Names, addresses and telephone numbers of all lease holders and surface owners for the entire production unit.

As built drawings shall be filed with the Town.

(Ordinance 336-03 adopted 11/18/03; Ordinance 364-05 adopted 5/17/05; Ordinance 462-08 adopted 10/21/08; Ordinance 665-19, sec. 6, adopted 8/20/19)

§ 2.9 Replatting.

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 these regulations. All improvements shall be constructed in accordance with the same requirements as for a final plat, as provided herein. The Town of Bartonville may waive or modify requirements for a land study and/or preliminary plat under circumstances where the previously approved land study or preliminary plat is sufficient to achieve the purposes set forth in this Ordinance.

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:

Is signed and acknowledged by only the owners of the property being replatted;

Is approved, after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard, by the Town Council (no public hearing is required by the Planning and Zoning Commission); and

Does not attempt to amend or remove any covenants or restrictions previously incorporated in the final plat.

Previous Requirements or Conditions of Approval Which Are Still Valid.

In addition to compliance with (b) above, a replat without vacation of the preceding plat must conform to the requirements of this section if:

During the preceding five (5) 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 (2) residential units per lot; or

Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.

Notice of the public hearing required under (b) above shall be given before the fifteenth (15th) day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Denton County. Notice of the public hearing shall also be given by written notice, with a copy of any requested waivers/suspensions, sent to the owners, as documented on the most recently approved ad valorem tax roll of the Town, of lots that are in the original subdivision and that are within two hundred (200) feet of the lot(s) to be replatted. In the case of a subdivision in the extraterritorial jurisdiction, the most recently approved County tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the Town.

If the owners of twenty percent (20%) or more of the owners of the area of lots to whom notice is required to be given under Subsection (b) above file with the Town a written protest of the replatting before or at the public hearing, and if the replat requires a waiver/suspension as defined in Section 1.11, then approval of the replat will require the affirmative vote of at least three-fourths (3/4) of the Town Council members present. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the Town prior to the close of the public hearing. In computing the percentage of land area subject to the “20% rule” described above, the area of streets shall be included.

Compliance with Subsection (e) above is not required for approval of a replat or part of a preceding plat if the area to be replatted was designated or reserved for other than single-family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

Any replat which adds or deletes lots must include the original subdivision and lot boundaries. If a replat is submitted for only a portion of a previously platted subdivision, the replat must reference the previous subdivision name and recording information, and must state on the replat the specific lots which have changed.

If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, a public hearing is not required for a replat of the area vacated.

The replat of the subdivision shall meet all the requirements for a final plat for a new subdivision that may be pertinent, as provided for herein.

The title shall identify the document as a “Final Plat” of the “_____ Addition, Block _____, Lot(s) _____, Being a Replat of Block _____, Lot(s) _____ of the _____ Addition, an addition to the Town of Bartonville, Texas, recorded as Plat #_____ in Plat Cabinet #_____ of the Plat Records of Denton County, Texas”.

An application submittal for a replat shall be the same as for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the Town’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

The replat shall be filed at the County in the same manner as prescribed for a final plat.

Minor replats involving four (4) or fewer lots are exempt from the requirements of Section 2.9, however, such replats must meet the requirements of Section 2.12.

(Ordinance 336-03 adopted 11/18/03; Ordinance 453-08, sec. 1, adopted 7/15/08)

§ 2.10 Amending Plats.

An amended plat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the Town’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

The Mayor (or designee) may approve an amending plat, which may be recorded and is controlling over the preceding or final plat without vacation of that plat, if the amending plat is signed by the applicants only and if the amending plat is for one or more of the purposes set forth in this Section. The procedures for amending plats shall apply only if the sole purpose of the amending plat is to:

Correct an error in a course or distance shown on the preceding plat;

Add a course or distance that was omitted on the preceding plat;

Correct an error in a real property description shown on the preceding plat;

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

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;

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

Correct an error in courses and distances of lot lines between two adjacent lots if:

Both lot owners join in the application for amending the plat;

Neither lot is abolished;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;

Relocate one or more lot lines between one or more adjacent lots if:

The owners of all those lots join in the application for amending the plat;

The amendment does not attempt to remove recorded covenants or restrictions; and

The amendment does not increase the number of lots; or

10.

To make necessary changes to the preceding plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:

The changes do not affect applicable zoning and other regulations of the Town;

The changes do not attempt to amend or remove any covenants or restrictions; and

The area covered by the changes is located in an area that the Town has approved, after a public hearing, as a residential improvement area.

Notice, a public hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

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 shall include the original subdivision plat boundary. All references to “final plat” or “replat” shall be removed.

Other than noted above, the procedure for approval of plat amendment(s) shall be the same as in Section 2.8 [sic].

Approval of an amended plat shall expire unless the amended plat is recorded in the plat records of Denton County within ninety (90) days after the date of final approval of the amended plat.[1]

[1]

Editor’s note—Renumbered to fit.

The amended plat shall be filed at the County in the same manner as prescribed for a final plat.[2]

[2]

Editor’s note—Renumbered to fit.

(Ordinance 336-03 adopted 11/18/03)

§ 2.11 Plat Vacation.

By Property Owner.

The property owner of the tract covered by a plat may vacate, upon the approval of the Planning and Zoning Commission and Town 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 (instrument language is available from the Town, upon request).

By All Lot Owners.

If some or all of the lots covered by 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.

Criteria.

The Planning and Zoning Commission and Town Council shall approve the petition for vacation on such terms and conditions as are in accordance with Section 212.013 of the Texas Local Government Code, and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the plat, the Town Council may direct the petitioners to prepare a revised final plat in accordance with these regulations such that the property does not become “unplatted.”

Effect of Action.

On the execution and recording of the vacating instrument, the vacated plat shall have no effect. Regardless of the Planning and Zoning Commission’s and Town 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 Town nor to the return of any property or consideration dedicated or delivered to the Town except as may have previously been agreed to by the Planning and Zoning Commission and Town Council.

Town-Initiated Plat Vacation.

General Conditions.

The Planning and Zoning Commission and Town Council, on its motion, may vacate the plat of an approved subdivision or addition when:

No lots within the approved plat have been sold within five (5) years from the date that the plat was signed by the Town;

The property owner has breached an improvement agreement and the Town 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; or

The plat has been of record for more than five (5) years and the Town determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and/or welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.

Procedure.

Upon any motion of the Planning and Zoning Commission or Town 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. The Commission shall also provide personal notice to all property owners within the subdivision or addition and to the Town 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 Town Council shall approve the vacation only if the criteria and conditions cited above are satisfied.

Record of Notice.

If the Commission and Town Council approve vacating a plat, the Town of Bartonville shall record a copy of the resolution or ordinance in the office of the County Clerk of Denton County with a copy of the area or plat vacated. The County Clerk shall write legibly on the vacated plat the word “vacated” and shall enter on the plat a reference to the location (i.e., cabinet, volume, page, etc.) at which the vacating instrument is recorded. If the Commission and Town 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. On the execution and recording of the vacating instrument the vacated plat has no effect.

(Ordinance 336-03 adopted 11/18/03)

§ 2.12 Minor Plats and Minor Replats.

A minor plat or minor replat shall meet all of the informational and procedural requirements set forth for a final plat, and shall be accompanied by the required number of copies of the plat, a completed application form, the required filing fee (per the Town’s plat submission guidelines, as may be amended from time to time), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Section 1.13.

The Mayor and the Planning and Zoning commission Chairman may approve a minor plat or minor replat, or may, for any reason, elect to present the plat to the Planning and Zoning commission and Town Council for consideration and approval. Any decision made on the plat by the Mayor and the Planning and Zoning Commission Chairman shall be approval of the plat. Should the Mayor and Planning and Zoning Commission Chairman refuse to approve the minor plat or minor replat, then the plat shall be referred to the Planning and Zoning Commission and/or Town Council for consideration within the time period required by State law.

Notice, a public hearing, and the approval of other lot owners are not required for the approval a minor plat or a minor replat.

The plat shall be entitled and clearly state that it is a “minor plat” or “minor replat” as the case may be.

Approval of a minor plat or minor replat shall expire unless the plat is recorded in the plat records of Denton County within ninety (90) days after the date of final approval of the minor plat.

The minor plat or minor replat shall be filed at the County in the same manner as prescribed for a final plat.

(Ordinance 336-03 adopted 11/18/03; Ordinance 453-08, sec. 2, adopted 7/15/08)