(a)
Approval required.
(1)
Unless and until any plat, plan, or replat shall has been first approved
in the manner provided by law, it shall be unlawful for any person,
firm, corporation, or organization to construct or cause to be constructed
any streets, utilities, buildings, or other improvements to any tract
of land; and any official of the city shall not issue any permit for
such improvements or to serve or connect said land, or any part thereof,
or for the use of the owners or purchasers of said land, or any part
thereof, with any public utilities such as water, sewers, lights,
gas, etc., which may be owned, controlled, distributed, franchised,
or supplied by the city.
(2)
No building permits will be issued for the construction of any building
on any unplatted land within the city and the city’s extraterritorial
jurisdiction (ETJ). Minor repair permits may be issued for an existing
structure. When additions, alterations, or repairs within any twelve
(12) month period exceed fifty percent (50%) of the value of an existing
building or structure on previously unplatted property, the land upon
which such building or structure is located shall be platted in accordance
with the provisions of this chapter.
(b)
Improvements required.
(1)
Responsibility for improvements.
All of the improvements
required under these regulations, or improvements specified in the
comprehensive plan of the city, or improvements which, in the judgment
of the director of engineering, are necessary for the adequate provision
of streets, utilities, drainage, services, and facilities to the subdivision
and to the surrounding areas of the city, shall be constructed at
the sole expense of the developer, unless otherwise provided for and
approved by city council. All improvements required by this ordinance
shall be constructed and accepted by the director of engineering prior
to filing the associated plat, unless otherwise specified in a binding
contractual development agreement approved by city council. Payment
for any and all improvements that are not to be made at the time of
the primary construction of the subdivision or development shall be
made a part of the signed and executed development agreement.
(2)
Plats prior to development.
Plats may not be used as
a mechanism to establish boundaries without the dedication of required
infrastructure, such as public utilities easements, right-of-way dedication,
and any other requirement of this subdivision ordinance. Platting
of property is reserved for those properties that are anticipating
immediate development, with the exception of conveyance plats.
(c)
Types of plats required.
(1)
Final plat or a minor plat.
A final plat or minor plat must be approved prior to any land division that is subject to these regulations and prior to commencement of any new development or construction project. A conveyance plat may be approved for the reasons enumerated in section 10.03.032(a), purpose, but no vertical construction may occur until an associated final plat or minor plat is approved.
(2)
Replat.
A replat in accordance with state law and the provisions of section 10.03.036, replats, shall be required any time a platted, recorded lot is further divided or expanded, thereby changing the boundary and dimensions of the property. In the case of minor revisions to recorded plats or lots, a minor plat or amending plat may also be utilized if allowed by state law and if in accordance with section 10.03.035, minor plats, section 10.03.036, replats, and section 10.03.037, amending plats, respectively.
(d)
Exemptions.
The following land divisions are exempt
from the requirements of this subdivision ordinance that apply to
plats:
(1)
Use of existing cemeteries complying with all state and local laws
and regulations; and
(2)
A division of land created by order of a court of competent jurisdiction,
provided however, that prior to construction of improvements, a plat
meeting the requirements of this ordinance shall be approved and recorded
prior to the issuance of permits.
(e)
Zoning.
A property within the city’s corporate
limits that is being proposed for platting or development must be
properly zoned by the city prior to submission of an application for
approval of any concept plan or plat. In addition, the proposed development
layout or subdivision design shown on the proposed concept plan or
plat must be in conformance with all standards and requirements prescribed
in the city’s zoning ordinance and this division.
(1)
Conformance with existing zoning.
All applications shall
be in conformance with the existing zoning on the property, as applicable.
(2)
Request to rezone prior to platting.
If an applicant
seeks to change the zoning for the property, the request to rezone
the land shall be submitted and approved prior to acceptance of an
application for any type of plat for recordation unless as otherwise
provided below:
(A)
The applicant may request approval from the director of development
services to submit a plat application simultaneously with the zoning
change request, in which case the application for the zoning amendment
shall be acted upon first.
(B)
In the event that the requested zoning amendment is denied, the plat
application shall also be denied.
(C)
It is not necessary to rezone the tract prior to the submittal and
approval of a conveyance plat which is exclusively for the purpose
of the sale of land and not as a precursor to development.
(D)
It is not necessary to zone or rezone the tract prior to the submittal
and approval of any plat within the city’s ETJ, since the ETJ
is not subject to the zoning ordinance.
(3)
Site plan approval.
Where site plan or concept plan
approval is required by the zoning ordinance, a conveyance plat or
preliminary plat shall be submitted prior to or concurrently with
the site plan or concept plan application so the interrelated plans
may be reviewed to determine if they will function together. A final
plat may be submitted concurrently with the site plan application
or at a later date.
(f)
Stages of plat approval, staff review, and approval.
(1)
Preliminary and final plats.
The platting process of
land not previously platted typically involves two (2) approval stages:
submission and approval of a preliminary plat (or conveyance plat
under certain circumstances) and subsequent submission and approval
of an associated final plat. However:
(A)
An applicant may proceed with the plat to be recorded without an
approved conveyance plat or preliminary plat if one of the following
conditions apply:
(i)
A minor plat is sufficient for submittal; or
(ii)
A concept plan for a multifamily, single-family attached or
nonresidential development is submitted and approved in accordance
with the zoning ordinance.
(iii)
The lot in question is less than two acres in size and will
be developed in one phase.
(2)
Staff review.
Unless otherwise specified under the regulations
for a specific type of plat:
(A)
The director of development services shall be the responsible official
for processing a plat, and shall be responsible for the initial review
of a plat for conformance with this subdivision ordinance and any
other applicable ordinances of the city.
(B)
The director of development services shall direct other city staff
to review all applications for conformance with this subdivision ordinance
and with other applicable city regulations and supply to the applicant
a list of revisions necessary for compliance with the subdivision
ordinance, if warranted.
(3)
Approval.
Authority for the approval of plats is granted
by the state to either the planning and zoning commission or the director
of development services. See individual plat descriptions, below,
for the appropriate approval authority.
(4)
Signatures required on filed plats.
When any plat is
prepared for filing with Denton or Collin County, each copy to be
certified by the county must be signed by the chairman of the planning
and zoning commission and a city official, defined as being one of
the following: the mayor, the city manager, or an assistant city manager.
Both signatures shall be attested by the city secretary.
(5)
Director of engineering signature required.
When any
plat is prepared for filing with Denton or Collin County, and the
installation of public improvements is required prior to the recordation
of the plat, the director of engineering shall also endorse the plat
after all conditions of approval of the plat have been satisfied and
all public improvements completed to the city’s specifications.
There shall be written evidence that the required public improvements
have been installed in a manner satisfactory to the city as shown
by a certificate signed by the director of engineering stating that
the necessary dedication of public lands and installation of public
improvements has been accomplished.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
There are several purposes of a conveyance
plat:
(1)
To subdivide land and to provide for recordation of same, for the
purpose of conveying (i.e., selling) the property without developing
it in the near future. A conveyance plat may be used to convey the
property or interests therein; however, a conveyance plat does not
constitute approval for any type of development on the property. A
conveyance plat is an interim step in the subdivision and development
of land.
(2)
To record a tract that is not intended for immediate development.
(b)
Review and consideration.
(1)
Unless otherwise specified within this section for specific requirements
for a conveyance plat, a conveyance plat shall be processed and approved
using the same timing and procedures, including recordation, as specified
for a final plat. Procedures to appeal a decision on a conveyance
plat shall also be processed and considered the same as a final plat.
(2)
Specific requirements for the plat exhibit may be found on the city
development services webpage under plat checklists.
(c)
Subsequent filing of a final plat.
No final plat processed
and approved in association with a conveyance plat shall be filed
without the concurrent or prior filing of the associated approved
conveyance plat for the remainder of the subject property.
(d)
Conveyance plat limitations.
(1)
No building or development permit shall be issued nor permanent utility
service provided for land that has only received approval as a conveyance
plat; a final plat must be filed for building and development permits
and for utility service.
(2)
A conveyance plat may be superseded by a revised conveyance plat
or a final plat in total or in part through compliance with the procedures
and requirements of this ordinance.
(e)
Standards for approval.
(1)
Access.
All lots created by a conveyance plat shall
have access to an improved public street that meets the city’s
minimum design and paving standards. All lots created by a conveyance
plat shall provide points of access as required by the zoning ordinance
and/or by this ordinance.
(2)
Reservation of rights-of-way.
Conveyance plats must
provide for the reservation of future rights-of-way of planned roadways,
as shown on the master thoroughfare plan. Right-of-way reservation
acknowledges the future obligation to dedicate right-of-way for public
thoroughfares and streets specified on the city’s thoroughfare
plan or approved concept plan. Reservation of right-of-way does not
grant any right or interest in the property to the city, state, or
other government entity. The final alignment of such roadways may
be adjusted upon final platting in order to meet the standards of
the engineering design standards.
(3)
Dedication of rights-of-way.
Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for the final plat approval and to complete turn lanes, intersections, and transitions in road pavement width resulting from development of the property proposed for the final plat approval and what is considered to be roughly proportional to the impact of the development (see section 10.03.088, rough proportionality, for more information). The director of engineering or fire marshal may require a temporary paved turnaround if a street is stubbed pending future construction.
(f)
Approval of conveyance plats.
The planning and zoning
commission is authorized to approve, approve with conditions, or disapprove
conveyance plats. Conveyance plats may be approved on the consent
agenda.
(g)
Effect of approval.
(1)
The approval of a conveyance plat authorizes the sale of the lot(s)
created thereon, but does not authorize any type of development on
the property. The applicant and future owner(s) of the property remain
obligated to comply with all provisions in this subdivision ordinance
upon future development of the property including, but not limited
to, all requirements for platting, required public improvements, utility
extensions, street improvements or assessments, right-of-way and easement
dedications, and all other requirements in this subdivision ordinance.
(2)
Neither reservation nor dedication of right-of-way shall relieve
the property owner from obligations for street construction or assessments
associated with public street improvement programs.
(3)
Easements for access, utilities, and drainage may be recorded on
conveyance plats.
(4)
No building permit shall be issued nor permanent utility service
provided for land which has only received approval as a conveyance
plat. Notwithstanding the above, the building official may authorize
temporary building permits, temporary occupancy permits, and temporary
utility service prior to final plat approval and recordation, if deemed
appropriate.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of a preliminary plat is to determine
the general layout of the subdivision, the adequacy of public facilities
needed to serve the intended development, and the overall compliance
of the land division with applicable requirements of this subdivision
ordinance and the zoning ordinance regulations for each zoning district.
A preliminary plat is not recorded in the county.
(b)
Exceptions.
(1)
A preliminary plat is not required when a minor plat or amending
plat is adequate.
(2)
A preliminary plat is not required when the proposed development
is a single phase and/or less than 300 lots, if the concept plan associated
with a development agreement or planned development contains sufficient
data as required by the engineering department, or at the discretion
of the director of engineering.
(3)
A final plat in accordance with section 10.03.034, final plats, along with construction plans in accordance with section 10.03.041, construction plans, may be submitted in lieu of a preliminary plat if a development agreement and appropriate surety are submitted along with the application, at the discretion of the director of engineering.
(c)
Accompanying applications.
(1)
An application for a preliminary plat shall be accompanied by a preliminary drainage plan, a preliminary utility plan, and other plans deemed necessary for thorough review by the director of development services or the director of engineering. However, approval of each shall be separate and in accordance with this section 10.03.033, preliminary plats and with section 10.03.041, construction plans.
(2)
The applicant shall furnish as part of the preliminary plat submittal
a current title commitment issued by a title insurance company authorized
to do business in Texas, a title opinion letter from an attorney licensed
to practice in Texas, or some other acceptable proof of ownership,
identifying all persons having an ownership interest in the property
that is the subject of the preliminary plat.
(3)
Specific requirements for the plat exhibit may be found on the city
development services webpage under plat checklists.
(d)
Review by director of development services.
The director
of development services shall:
(1)
Initiate review of the plat and materials submitted (including the
required preliminary drainage plan and preliminary utility plan).
(2)
Request written comments from other city departments, such as engineering,
fire, parks and recreation, or other departments, as deemed necessary,
which will be submitted to the applicant for compliance and revisions.
(3)
Provide and make available the plat exhibit and reports to the commission
for review.
(4)
Upon determination that the application is ready to be acted upon,
schedule the preliminary plat for consideration on the agenda of the
next available meeting of the planning and zoning commission.
(e)
Action by planning and zoning commission.
The commission
shall:
(1)
Review the preliminary plat application, the findings and recommendation
of the director of development services, and any other information
available. From all such information, the commission shall determine
whether the preliminary plat conforms to the regulations of this subdivision
ordinance.
(2)
Act within thirty (30) calendar days following the official filing
date of the preliminary plat application. If no decision is rendered
by the commission within the thirty (30) day period, the preliminary
plat, as submitted, shall be considered to be approved.
(f)
Standards for approval.
The following criteria shall
be used by the commission to determine whether the application for
a preliminary plat shall be approved, approved with conditions, or
denied:
(1)
The preliminary plat is consistent with all zoning requirements for
the property, including any applicable planned development zoning
standards, and with any approved development agreement, if applicable;
(2)
The proposed provision and configuration of public improvements including,
but not limited to, roads, water, wastewater, storm drainage, park
facilities, open spaces, habitat restoration, easements and rights-of-way
are adequate to serve the development, meet applicable standards of
this subdivision ordinance, and conform to the city’s adopted
master plans for those facilities;
(3)
The preliminary plat is in accordance with the city’s interlocal
agreement with Denton or Collin County if the proposed development
is located in whole or in part in the ETJ of the city;
(4)
The preliminary plat has been duly reviewed and accepted as meeting
the requirements of the subdivision ordinance by city staff;
(5)
The preliminary plat conforms to design requirements and construction
standards as set forth in the engineering design standards;
(6)
The preliminary plat is consistent with the comprehensive plan, except
where application of the Plan may conflict with state law (e.g., land
use in the ETJ);
(7)
The proposed development represented on the preliminary plat does
not endanger public health, safety or welfare; and
(8)
The formal recommendation from staff based upon the above criteria.
(g)
Approval of preliminary plats.
The planning and zoning
commission is authorized to approve, approve with conditions, or disapprove
preliminary plats. Preliminary plats may be approved on the consent
agenda.
(h)
Effect of approval.
The approval of a preliminary plat
shall allow the applicant to proceed with the next step in the development
and platting process by submitting a final plat and construction plans,
and later submit an application for a building permit. Approval of
the preliminary plat shall be deemed general approval of the subdivision’s
layout only, and shall not constitute approval or acceptance of construction
plans or the associated final plat.
(i)
Appeal of the decision on a preliminary plat application.
(1)
Initiation of an appeal.
The applicant may appeal the
decision of the commission by submitting a written notice of appeal
to the director of development services within fourteen (14) calendar
days following the date of the commission’s decision. A letter
stating the reasons for the appeal, citing the specific applicable
section(s) of the subdivision ordinance, shall be submitted by the
applicant to the director of development services.
(2)
Council decision.
Once the formal appeal is made, staff
will schedule the hearing to be heard by the city council at the first
scheduled public meeting that meets the published deadline of the
city secretary. The city council may affirm, modify or reverse the
decision of the commission by simple majority vote. The decision of
the city council is final.
(j)
Expiration.
(1)
Two-year validity.
The approval of a preliminary plat
shall remain in effect for a period of two (2) years following the
date of approval, during which period the applicant shall submit and
receive approval for construction plans and a final plat for a portion
or all of the land area shown on the preliminary plat. If construction
plans and a final plat application have not been approved within the
two (2)-year period, the preliminary plat shall automatically expire.
(2)
Phased developments.
A final plat and construction plans
must be approved within two (2) years of the approval of the preliminary
plat. When a project is phased, the preliminary plat may be extended
for a period of one (1) year, during which time a subsequent final
plat and construction plans must be approved. preliminary plats may
be extended automatically for a period of one (1) so long as substantial
activity on the property continues.
(3)
Relationship to construction plans.
A preliminary plat
shall remain valid for the period of time in which approved construction
plans are valid.
(4)
Action on final plat.
Should a final plat application be submitted within the two (2) year period, but not be acted upon by the commission within the two (2) year period, the preliminary plat shall expire unless an extension is granted as provided below in section 10.03.033(k), extension, and in section 10.03.025, amendments and expiration of current projects.
(5)
Void if not extended.
If the preliminary plat is not
extended as provided above, it shall expire and shall become null
and void after a period of two (2) years of the date of approval.
(k)
Extension.
A preliminary plat may be extended for a
period not to exceed one (1) year beyond the preliminary plat’s
expiration date. A request for extension shall be submitted to the
development services department in writing within sixty (60) calendar
days following the expiration of the preliminary plat, and shall include
reasons why the preliminary plat should be extended.
(1)
Decision by the director of development services.
(A)
The director of development services will review the extension request
and shall approve it, approve it with conditions, or deny the extension
request within thirty (30) calendar days following the official filing
date of the request.
(B)
Should the director of development services fail to act on an extension
request within thirty (30) calendar days, the extension shall be deemed
to be approved.
(2)
Considerations.
In considering an extension, the director
of development services shall consider whether the following conditions
exist:
(A)
A final plat has been submitted and/or approved for any portion of
the property shown on the preliminary plat;
(B)
Construction plans have been submitted and/or approved for any portion
of the property shown on the preliminary plat;
(C)
Construction is occurring on the subject property;
(D)
The preliminary plat complies with new ordinances that impact the
health, safety and general welfare of the community; and/or
(E)
If there is a need for a park, school or other public facility or
improvement on the property.
(3)
Additional conditions.
(A)
In granting an extension, the decision-maker may impose such conditions
as are needed to ensure that the land will be developed in a timely
fashion and that the public interest is served. Any extension may
be predicated upon compliance with new development regulations and/or
the applicant waiving any vested rights.
(B)
All applicable city taxes shall be considered current prior to the
consideration of any extension of the preliminary plat expiration
date. Time extensions will not be considered for any property on which
taxes are delinquent. Proof of payment shall be entered into the file.
(4)
Appeal of denial for extension.
(A)
Appeal of the director’s decision.
The denial
of an extension by the director of development services may be appealed
to the commission. A written request for such appeal shall be received
by development services department within fourteen (14) calendar days
following the denial. The commission shall hear and consider such
an appeal at the first scheduled public meeting that meets the published
deadlines of the development services department.
(B)
Appeal of the commission’s decision.
The
denial of an extension by the commission may be appealed to the city
council. A written request for such appeal shall be received by the
director of development services within fourteen (14) calendar days
following the denial. Once the formal appeal is made, staff will schedule
the hearing to be heard by the city council at the first scheduled
public meeting that meets the published deadline of the city secretary.
The city council may affirm, modify or reverse the decision of the
commission by simple majority vote. The decision of the city council
is final.
(l)
Amendments to preliminary plat following approval.
(1)
Minor amendments.
Minor amendments to the design of
the subdivision subject to an approved preliminary plat may be incorporated
in an application for approval of the associated final plat without
the necessity of submitting a new application for reconsideration
of a preliminary plat. Minor amendments include, but are not limited
to, minor adjustments in street or alley alignments, street lengths
and paving details, and minor adjustments to lot lines that do not
result in creation of additional lots or any non-conforming lots (that
do not comply with Zoning standards), provided that such amendments
are consistent with the intent of the previously approved application.
(2)
Major amendments.
All other proposed changes to the
design of the subdivision subject to an approved preliminary plat
shall be deemed major amendments that require submittal and approval
of a new application for approval of a preliminary plat (including
new fees, new reviews, new official filing date, etc.) before approval
of construction plans and/or a final plat.
(3)
Determination.
The director of development services
shall make a determination of whether proposed amendments are deemed
to be minor or major, thereby requiring new submittal of a preliminary
plat.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of a final plat is to ensure that
the proposed subdivision and development of the land is consistent
with all standards of this subdivision ordinance pertaining to the
adequacy of public facilities, that public improvements to serve the
subdivision or development have been installed and accepted by the
city or that provision for such installation has been made, that all
other requirements and conditions have been satisfied or provided
for to allow the final plat to be recorded. The director of engineering
may allow the grading and flatwork on the subject property following
the approval of a final plat.
(b)
Exceptions.
A final plat is not required when a minor plat is sufficient (refer to section 10.03.035, minor plats).
(c)
Ownership.
(1)
The applicant shall furnish to the city a current title document
issued by a title insurance company authorized to do business in the
state, a title opinion letter from an attorney licensed to practice
in Texas, or some other acceptable proof of ownership, identifying
all persons having an ownership interest in the property subject to
the final plat.
(2)
The final plat application shall be signed by each owner, or by the
representative of the owners authorized to sign legal documents for
the owners, effectively denoting that they are consenting to the platting
of the property and to the dedications and covenants that may be contained
in the final plat. Such consent shall be subject to review and approval
by the city attorney, and the applicant shall reimburse the city for
all related legal costs for review. This reimbursement shall be paid
in full prior to filing of the final plat.
(d)
Complete applications for final plats in the extraterritorial jurisdiction
(ETJ).
Where the land to be platted lies within the ETJ
of the city, pursuant to the existing or amended interlocal agreement
with Denton or Collin County under state law, a complete application
shall be submitted to the city.
(e)
Accompanying applications.
An application for a final plat may be accompanied by construction plans if also accompanied by a development agreement and appropriate surety in accordance with section 10.03.044, development agreements. However, approval of each shall be separate and in accordance with this section for final plats and with section 10.03.041, construction plans.
(f)
Previously approved preliminary plat or concept plan.
The final plat and all accompanying data shall conform to the associated
preliminary plat as approved by the commission, or as the initial
plats may have been amended subsequently incorporating all conditions
imposed or required by the commission, or per any previously approved
concept plan in an associated development agreement or planned development
district.
(g)
Review by director of development services.
The director
of development services shall:
(1)
Initiate review of the plat and materials submitted.
(2)
Determine that the final plat substantially conforms to the associated
preliminary plat or other comparable concept plan.
(3)
Determine that the final plat conforms to the zoning ordinance and
other applicable regulations.
(4)
Request written comments from other city departments, such as engineering,
fire, and parks and recreation, as deemed necessary.
(5)
A final plat may not be used to nullify any of the conditions, covenants
and restrictions (CCRs) of any governing association, such as a HOA.
(h)
Action by staff.
Staff shall:
(1)
Review the final plat application, the findings and recommendation
of other departments, and any other information provided. From this
information, staff shall determine whether the final plat conforms
to the regulations of this subdivision ordinance.
(2)
Act within thirty (30) calendar days following the official acceptance
date of final plat. If no decision is rendered by the city within
the thirty (30) day period, the final plat, as submitted, shall be
deemed to be approved.
(i)
Standards for approval.
The following criteria shall
be used by staff to determine whether the application for a final
plat shall be approved, approved with conditions, or denied:
(1)
Prior approved preliminary plat or concept plan.
(A)
The final plat conforms to the associated, approved preliminary plat except for minor amendments that are authorized under section 107.04.03(k) [section 10.03.033(l)], amendments to preliminary plats following approval, and that may be approved without the necessity of revising the approved associated plat;
(B)
All conditions imposed at the time of approval of the preliminary
plat, as applicable, have been satisfied;
(C)
The construction plans conform to the requirements of section 10.03.041, construction plans, and have been approved by the director of engineering;
(D)
Where public improvements have been installed, the improvements conform
to the approved construction plans and have been approved for acceptance
by the director of engineering;
(E)
Where the director of engineering has authorized public improvements to be deferred, a development agreement has been executed and submitted by the property owner in conformity with section 10.03.044, development agreements;
(F)
The final layout of the subdivision or development meets all standards
for adequacy of public facilities contained in this ordinance;
(G)
The final plat meets all applicable county standards to be applied
under an interlocal agreement between the city and Denton or Collin
County under state law, where the proposed development is located
in whole or in part in the ETJ of the city and in the county;
(H)
The plat conforms to design requirements and construction standards
as set forth in the engineering design standards; and
(I)
The plat includes all information in the development services’
subdivision application checklists.
(J)
City staff may approve final plat applications, even if dedicating
new streets, so long as there is a previously approved preliminary
plat or concept plan.
(2)
Final plat approval with no prior approved preliminary plat or concept
plan.
A final plat may be approved without prior approval
of a preliminary plat when the following conditions are met:
(A)
The construction plans conform to the requirements of section 10.03.041, construction plans, and have been approved by the director of engineering;
(B)
A development agreement or surety for installation of public improvements has been prepared and executed by the property owner in conformance with section 10.03.044, development agreements;
(C)
The final layout of the subdivision or development meets all standards
for adequacy of public facilities contained in this ordinance;
(D)
The final plat meets all applicable county standards to be applied
under an interlocal agreement between the city and Denton or Collin
County under state law, where the proposed development is located
in whole or in part in the ETJ of the city and in the applicable county;
and
(E)
The final plat conforms to the development services application checklist.
(F)
If new streets are being dedicated by the subdivision, then the final
plat must be approved by the planning and zoning commission (on the
consent agenda).
(j)
Approval of final plats.
Staff is authorized to approve,
approve with conditions, or disapprove final plats. Upon approval,
a certificate stating that the final plat has been reviewed and approved
shall be provided to the applicant, as required by state law.
(k)
Procedures for recordation of final plat documents upon approval.
The applicant shall supply to development services department
the required number of signed and executed copies of the final plat
documents (whether mylar or paper originals, as required by both the
city and Denton or Collin County) that will be needed to file the
plat, upon approval, with Denton or Collin County. No copies of the
exhibits will be accepted.
(1)
General.
(A)
Signatures.
After approval of the final plat,
the director of development services shall procure the appropriate
city signatures on the final plat.
(B)
County requirements.
It is the responsibility
of the applicant to comply with the platting requirements of Denton
or Collin County.
(C)
Recording upon acceptance of public improvements.
The final plat shall be recorded after:
(i)
The final plat is approved by the city;
(ii)
All required public improvements have been completed and accepted by the city (or a development agreement has been executed and appropriate surety provided in accordance with section 10.03.044, development agreements;
(iii)
All Denton or Collin County filing requirements are met.
(2)
Submittal of final plat documents for filing when improvements installed.
When all required public improvements have been installed prior to recording of the final plat, the applicant shall meet all requirements in accordance with section 10.03.046, inspection, maintenance and acceptance of public improvements.
(3)
Submittal of final plat documents for filing when improvements have
not been installed.
When some of or all required public
improvements are not yet completed in connection with an approved
final plat, the applicant shall submit the final plat documents for
filing, revised to reflect any conditions imposed by staff as part
of approval.
(4)
Update of proof of ownership.
If there has been any change in ownership since the time of the proof of ownership provided under section 10.03.044(c) [section 10.03.034(c)], ownership, the applicant shall submit a new consent agreement executed by each owner consenting to the platting of the property and the dedications and covenants contained in the plat. The title commitment or title opinion letter and consent agreement shall be subject to review and approval by the city attorney, and the applicant shall reimburse the city for all related legal costs for review. This reimbursement shall be paid in full prior to filing of the final plat.
(l)
Effect of approval.
The approval and filing of a final
plat:
(1)
Supersedes any prior approved preliminary plat for the lots final
platted.
(2)
Authorizes the applicant to install any improvements in public rights-of-way in conformance with approved construction plans and under a development agreement (refer to section 10.03.044, development agreements), if applicable.
(3)
Authorizes the applicant to seek construction release (refer to section 10.03.041(i), construction release) and/or issuance of a building permit for vertical construction.
(m)
Appeal of decision of final plat application.
Appeal
of a decision on a final plat application shall be brought to the
planning and zoning commission, whose decision shall be final.
(n)
Revisions following recording/recordation.
Revisions
may only be processed and approved as a replat or amending plat, as
applicable.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of a minor plat is to simplify
divisions of land under certain circumstances as outlined in state
law.
(b)
Applicability.
An application for approval of a minor
plat may be filed only in accordance with state law, when all of the
following circumstances apply:
(1)
The proposed division results in four (4) or fewer lots;
(2)
All lots in the proposed subdivision front onto an existing public
street and the construction or extension of a street or alley is not
required to meet the requirements of this subdivision ordinance; and
(3)
Except for right-of-way widening and easements, the plat does not
require the extension of any municipal facilities to serve any lot
within the subdivision.
(c)
Application requirements.
The requirements for the submittal of a minor plat shall be the same as the requirements for a final plat, as outlined in section 10.03.034, final plats.
(d)
Review by director of development services.
The director
of development services shall:
(e)
Action by director of development services.
The director
of development services shall:
(1)
Determine whether the minor plat meets the regulations of this subdivision
ordinance.
(2)
Act within thirty (30) calendar days following the official filing
date of a completed application for a minor plat. If no decision is
rendered by the director of development services, or if the director
has not deferred the application to the planning and zoning commission
for decision, within the thirty (30) day period, the minor plat, as
submitted, shall be deemed to be approved.
(3)
The director of development services is authorized to make one of
the following actions:
(A)
Approve the minor plat;
(B)
Approve the minor plat with conditions, which shall mean that the
minor plat shall be considered to have been approved once such conditions
are fulfilled; or
(C)
Defer the minor plat to the commission for consideration prior to
expiration of the required 30-day approval period.
(f)
Standards for approval.
The following criteria shall
be used by the director of development services to determine whether
the application for a minor plat shall be approved, approved with
conditions, or denied:
(1)
The minor plat is consistent with all zoning requirements for the
property (if applicable), any approved development agreement (if applicable),
and all other requirements of this subdivision ordinance that apply
to the plat;
(2)
All lots to be created by the plat already are adequately served
by an improved public street access and by all required city utilities
and services and by alleys, if applicable;
(3)
The ownership, maintenance and allowed uses of all designated easements
have been stated on the minor plat; and
(4)
Except for right-of-way widening and easements, the plat does not
require the extension of any municipal facilities to serve any lot
within the subdivision.
(g)
Approval of minor plats.
The director of development
services is authorized to approve, approve with conditions, or disapprove
minor plats. However, the director of development services may defer
the decision of any minor plat for any reason to the planning and
zoning commission. Upon approval, a certificate stating that the minor
plat has been reviewed and approved by the either the director of
development services or the planning and zoning commission shall be
provided to the applicant, as required by state law.
(h)
Procedures for recordation following approval.
The procedures for recordation of a minor plat shall be the same as the procedures for recordation of a final plat, as outlined in section 10.03.034(k), procedures for recordation of final plat documents upon approval.
(i)
Appeal of decision on minor plat application.
(1)
Commission decision.
If the director of development
services defers the minor plat application to the planning and zoning
commission, the commission shall consider the application at a regular
meeting no later than thirty (30) calendar days after the date on
which the director of development services deferred the application
to the commission. The commission shall, upon simple majority vote,
take one of the following actions:
(2)
Appeal.
The decision of the commission may be appealed
to the city council in accordance with the procedures for an appeal
on a final plat decision. Once the formal appeal is made, staff will
schedule the hearing to be heard by the city council at the first
scheduled public meeting that meets the published deadline of the
city secretary. The city council may affirm, modify or reverse the
decision of the commission by simple majority vote. The decision of
the city council is final.
(j)
Revisions following approval.
Revisions submitted by
the applicant following initial approval may only be processed and
approved as a replat or amending plat, as applicable.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Applicability and terminology.
(b)
City action required.
Unless otherwise specified, any
change to a recorded plat shall be subject to approval by the planning
and zoning commission.
(c)
Construction management.
If the subdivision, as replatted, requires construction of additional public improvements, the provisions of the development agreement between the city and the developer shall apply (see section 10.03.044, development agreements). If the subdivision as replatted does not require any appreciable alteration or improvement of utility installations, streets, alleys, building setback lines, etc., then no additional construction plans shall be required.
(d)
Application and approval procedures.
Unless otherwise
specified, application and all related procedures and approvals, including
recordation, for a replat shall be the same as specified for a final
plat.
(e)
Partial replat application.
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 that are being changed
along with a detailed “purpose for replat” statement.
(f)
Replats requiring a variance or exception.
Replats requiring
a variance or exception must be considered as a public hearing item.
In these cases, notification in the official newspaper of the city
a minimum of fifteen (15) days prior to the public hearing is required.
In addition, written notices of the proposed residential replat requiring
a variance or exception shall be mailed to all property owners located
within 200 feet of the subject property a minimum of fifteen (15)
days prior to the public hearing. Notice of the public hearing shall
also be posted with the agenda at the city hall and on the city’s
website within the prescribed time limits, as required by state law.
(g)
Special requirements for residential replats.
state
law offers an option for notification for residential replats. Cities
may opt to notify residents in one of the following manners:
(1)
Written notices of the proposed residential replat shall be mailed
to all property owners located within 200 feet of the subject property
a minimum of fifteen (15) days prior to the public hearing. In addition,
a notice shall be published in the official newspaper of the city
a minimum of fifteen (15) days prior to the public hearing; or
(2)
As a courtesy to the neighboring property owners, written notices
of the approved residential replat shall be mailed to all property
owners located within 200 feet of the subject property a maximum of
fifteen (15) days following the decision by the planning and zoning
commission. In this case, no public hearing is required and the plat
may be considered on the consent agenda.
(h)
Special requirements for non-residential replats.
Non-residential
replats do not require noticing by newspaper or to adjacent property
owners. However, a public hearing shall be held on any non-residential
replat that requires a variance or exception.
(i)
Approval of replats.
The planning and zoning commission
is authorized to approve, approve with conditions, or disapprove replats.
Upon approval, a certificate stating that the replat has been reviewed
and approved by the planning and zoning commission shall be provided
to the applicant, as required by state law.
(j)
Effect of approval.
Upon approval and recording of the
replat, it is controlling over the previously recorded plat for the
portion replatted.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of an amending plat shall be to
provide an expeditious means of making minor revisions to a recorded
plat consistent within the provisions of state law.
(b)
Applicability.
The procedures for an amending plat shall
apply only if the sole purpose of the amending plat is to achieve
one or more of the following:
(1)
To correct an error in a course or distance shown on the preceding
plat;
(2)
To add a course or distance that was omitted on the preceding plat;
(3)
To correct an error in a real property description shown on the preceding
plat;
(4)
To indicate monuments set after the death, disability or retirement
from practice of the engineer or surveyor responsible for setting
monuments;
(5)
To show the location or character of a monument that has been changed
in location or character or that is shown incorrectly as to location
or character on the preceding plat;
(6)
To 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;
(7)
To correct an error in courses and distances of lot lines between
two (2) adjacent lots if:
(8)
To relocate a lot line to eliminate an inadvertent encroachment of
a building or other improvement on a lot line or easement;
(9)
To relocate one (1) or more lot lines between one (1) or more adjacent
lots if:
(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:
(A)
The changes do not affect applicable zoning and other regulations
of the municipality;
(B)
The changes do not attempt to amend or remove any covenants
or restrictions; and
(C)
The area covered by the changes is located in an area that the
commission or other appropriate governing body of the municipality
has approved, after a public hearing, as a residential improvement
area; or
(11)
To replat one (1) or more lots fronting on an existing street if:
(A)
The owners of all those lots join in the application for amending
the plat;
(B)
The amendment does not attempt to remove recorded covenants
or restrictions;
(C)
The amendment does not increase the number of lots; and
(D)
The amendment does not create or require the creation of a new
street or make necessary the extension of municipal facilities.
(c)
Certificates of correction.
Certificates of correction
are prohibited.
(d)
Notice.
In accordance with state law, the approval and
issuance of an amending plat shall not require notice, hearing or
approval of adjacent lot owners.
(e)
Review by director of development services.
The director
of development services shall:
(f)
Action by director of development services.
The director
of development services shall:
(1)
Determine whether the amending plat meets the regulations of this
subdivision ordinance.
(2)
The director of development services is authorized to take one of
the following actions:
(A)
Approve the amending plat;
(B)
Approve the amending plat with conditions, which shall mean that
the amending plat shall be considered to have been approved once such
conditions are fulfilled; or
(C)
Defer the amending plat to the commission for consideration prior
to expiration of the required 30-day approval period.
(g)
Approval of amending plats.
The director of development
services is authorized to approve, approve with conditions, or disapprove
amending plats. However, the director of development services may
defer the decision of any amending plat for any reason to the planning
and zoning commission.
(h)
Procedures for recordation following approval.
The procedures
for recordation of an amending plat shall be the same as the procedures
for recordation of a final plat.
(i)
Effect of approval.
Upon approval, an amending plat
shall be recorded and is controlling over the previously recorded
plat without vacation of that plat. Upon approval, a certificate stating
that the amending plat has been reviewed and approved by either the
director of development services or the planning and zoning commission
shall be provided to the applicant, as required by state law.
(j)
Appeal of decision on amending plat application.
(1)
Commission decision.
If the director of development
services defers the amending plat application to the planning and
zoning commission, the commission shall consider the application at
a regular meeting no later than thirty (30) calendar days after the
date on which the director of development services deferred the application
to the commission. The commission shall, upon simple majority vote,
take one of the following actions:
(2)
Appeal.
The decision of the commission may be appealed
to the city council in accordance with the procedures for an appeal
on a final plat decision. The city council decision is final.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of a plat vacation is to provide
an expeditious means of nullifying a recorded plat in its entirety,
consistent with provisions of state law.
(b)
Initiation of a plat vacation.
(1)
By property owner.
The property owner of the tract covered
by a plat may submit an application to vacate the plat at any time
before any lot in the plat is sold.
(2)
By all lot owners.
If lots in the plat have been sold,
an application to vacate the plat must be submitted by all the owners
of lots in the plat.
(3)
City initiation.
If the planning and zoning commission,
on its own motion, determines that the plat should be vacated in the
interest of and to protect the public’s health, safety and welfare;
and:
(A)
No lots within the approved plat have been sold within five (5) years
following the date that the final plat was approved by the city; or
(B)
The property owner has breached a development agreement, and the
city does not appropriate funds with which to complete construction
of public improvements, except that the vacation shall apply only
to lots owned by the property owner or its successor; or
(C)
The plat has been recorded in Denton or Collin County for more than
five (5) years, and the planning and zoning commission determines
that the further sale of lots within the subdivision or addition presents
a threat to public health, safety and welfare, except that the vacation
shall apply only to lots owned by the property owner or its successors.
(c)
Notice.
Published notice of the public hearing on the
plat vacation application shall be given in accordance with state
law. The hearing shall be conducted by the planning and zoning commission.
(d)
Review by director of development services.
The director
of development services shall:
(e)
Action by the planning and zoning commission.
The planning
and zoning commission shall:
(1)
Review the plat vacation application, the findings and recommendation
of the director of development services, and any other information
provided. From all such information, the planning and zoning commission
shall conduct a public hearing and make a finding as to whether or
not the plat should be vacated. The planning and zoning commission
decision on a plat vacation shall be final.
(f)
Approval of plat vacations.
The planning and zoning
commission is authorized to approve, approve with conditions, or disapprove
plat vacations. Upon approval, a certificate stating that the plat
vacation has been reviewed and approved by the planning and zoning
commission shall be provided to the applicant, as required by state
law.
(g)
Procedures for recordation following approval.
If the
planning and zoning commission adopts a resolution vacating a plat
in whole, it shall record a copy of the resolution in the Denton or
Collin County clerk’s office. If the planning and zoning commission
adopts a resolution vacating a plat in part, it shall cause a revised
final plat to be recorded along with the resolution which shows that
portion of the original plat that has been vacated and that portion
that has not been vacated.
(h)
Effect of approval.
(1)
On the execution and recording of the vacating instrument, the previously
filed plat shall have no effect. Regardless of the planning and zoning
commission’s action on the petition, the property owner(s) or
developer will have no right to a refund of any monies, fees or charges
paid to the city nor to the return of any property or consideration
dedicated or delivered to the city except as may have previously been
agreed to by the planning and zoning commission.
(2)
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.
(3)
The planning and zoning commission, at its discretion, shall have
the right to retain all or specific portions of road rights-of-way
or easements shown on the plat being considered for vacation. However,
the planning and zoning commission shall consider plat vacation upon
satisfactory conveyance of easements and/or rights-of-way in a separate
legal document using forms provided by the city attorney’s office.
(4)
Once a plat is duly vacated, according to the regulations above,
the property lines of the adjacent properties shall extend to the
centerline of the plat, unless specific arrangements between or among
the adjacent property owners has been agreed upon.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
From time to time, as the city’s vehicular
circulation needs and traffic patterns change, rights--of-way previously
dedicated to, or acquired by, the city for public travel may no longer
be necessary. Therefore, in accordance with the Texas Transportation
Code sec. 311.007, the city may choose to vacate, abandon, or close
a street or alley on its own accord or upon receipt of a petition
of property owners adjacent to, abutting or directly served by the
right-of-way sought to be closed and/or abandoned.
(b)
Notice.
Prior to the vacation of a public street or
alley right-of-way, a public hearing shall be held by the city council.
Written notices of the proposed right-of-way vacation shall be mailed
to all property owners immediately adjacent to the subject property
a minimum of ten (10) days prior to the public hearing. In addition,
a notice shall be published in the official newspaper of the city
a minimum of fifteen (15) days prior to the public hearing.
(c)
Review by director of development services.
The director
of development services shall:
(1)
Initiate review of the right-of-way vacation application and materials
submitted.
(2)
Request written comments from other city departments, such as engineering,
public works, fire department, and parks and recreation, if deemed
necessary.
(3)
The director shall consider issues of utility placement, traffic
access, and the number of property owners in favor or against the
request.
(d)
Retention of easements.
The applicant for a right-of-way
vacation or alley abandonment shall verify with the appropriate entity
that the right-of-way to be vacated is free of all public and private
utilities including, but not limited to water, sanitary sewer, storm
sewer, electricity, gas, and franchise utilities. If public or private
utilities are present within the right-of-way, a utility easement
of an appropriate size and location, as determined by the director
of engineering, will be retained. A drainage easement may also be
retained, as determined by the director of engineering.
(e)
Action by the city council.
If the city council chooses
to vacate or abandon a right-of-way, an ordinance shall be adopted
and said ordinance shall be filed for record with the county clerk.
A metes and bounds description or a visual depiction or exhibit showing
the location and limits of the vacated right-of-way shall be attached
to the ordinance.
(f)
Effect of approval.
(1)
The city council, at its discretion, shall have the right to retain
all or specific portions of right-of-way or easements being considered
for vacation or abandonment.
(2)
Once a right-of-way is duly vacated, according to the regulations
above, the property lines of the adjacent properties shall extend
to the centerline of the right-of-way.
(3)
Zoning of the adjacent property shall also automatically extend to
the centerline of the right-of-way.
(Ordinance 2020-95 adopted 10/13/20)
