(a)
Application of requirements.
Unless otherwise stated
within this subdivision ordinance, all standards, specifications and
regulations herein shall apply to development within the city’s
extraterritorial jurisdiction (ETJ).
(b)
Extension of city services.
Given that land proposed
for development in the city’s ETJ must be served adequately
by essential public facilities and services, including those related
to adequate water distribution, wastewater collection and treatment,
streets, pedestrian circulation, storm drainage conveyance, and park
and recreational facilities, the following policies for the provision
of infrastructure services provided by the city into the city’s
ETJ shall apply:
(1)
It is in the city’s best interest to encourage development
in areas adjacent to compatible development already receiving city
services, and particularly where those services have excess capacity.
(3)
It is in the city’s best interest to withhold all water and
sewer extensions outside the city’s limits except in instances
where the extension will serve a large-volume user who has agreed
in writing to annexation at a predetermined date, and who has demonstrated
that a significant community benefit will accrue to the city if it
provides such service outside the city’s limits, and where no
significant fiscal liabilities will be incurred by the city.
(4)
It is in the city’s best interest to provide services, other
than water and wastewater service, to individual users beyond the
city’s limits:
(A)
Upon request and under contracts or cost-sharing arrangements that
minimize future city fiscal liability;
(B)
Upon request and under contracts or cost-sharing arrangements that
encourage compact development;
(C)
Upon request and under contracts or cost-sharing arrangements that
ensure compliance with city subdivision, building, electrical, plumbing
and fire codes; and
(D)
When it is not in the city’s best interest to annex the areas
to be served.
(5)
The city shall therefore provide for extension of public facilities
and services only under the following circumstances:
(A)
Such extension is part of an annexation agreement that provides for
development consistent with established city objectives and policies,
as described and illustrated in the comprehensive plan;
(B)
Such extension allows the city to retain its right under state law
to annex the property in the future;
(C)
The quality of the development that is occurring or will be occurring
is consistent with city standards;
(D)
The use or development offers significant public benefits to the
city; and
(E)
The proposed development and land uses comply with city building
and fire codes (as agreed to in an annexation agreement with the city).
(F)
The area to be served is, or becomes a part of, the city’s
certificates of convenience and necessity (CCN) when required by state
law.
(c)
Design and construction standards for public improvements in the
city’s extraterritorial jurisdiction (ETJ).
All
public improvements constructed in conjunction with a new development
in the city’s ETJ shall be designed, engineered, and constructed
in accordance with the city’s standards and all other applicable
city master plans (e.g., water reuse master plan, the comprehensive
plan, fire codes, etc.).
(Ordinance 2020-95 adopted 10/13/20)
(a)
The city has executed interlocal cooperation agreements, as authorized
under chapter 242 of the Texas Local Government Code, with Denton
or Collin County.
(b)
Denton or Collin County has assigned to the city its authority to
approve plats in the city’s ETJ. The agreement also provides
for the city to enforce its subdivision regulations, together with
specified regulations of Denton or Collin County, within the city’s
ETJ via interlocal cooperation agreements.
(c)
In the event that the subdivision rules and regulations of Denton
or Collin County provide a more stringent standard than those of the
city, then the more stringent standards shall apply.
(d)
International Fire Codes apply to all ETJ properties for health,
life, and safety purposes.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Improvements.
The city shall not be required to participate
in the cost of any improvements where such improvements required by
this ordinance are outside the corporate limits of the city (i.e.,
they are within the city’s ETJ area).
(b)
Certificates of occupancy/utility connections.
(1)
A certificate of occupancy for non-residential and multiple-family projects within the city’s ETJ shall not be issued until a letter of final acceptance has been issued by the city, and a copy of such letter has been submitted to the building official by the developer, unless otherwise authorized by the city manager or designee (refer to section 10.03.046(e), acceptance or rejection of improvements by the director of engineering).
(2)
Utility connections for all developments in the city’s ETJ shall not be issued until a letter of final acceptance has been issued by the city or appropriate utility district, as applicable, and a copy of such letter has been submitted to the building official by the developer, unless otherwise authorized by the city manager (refer to section 10.03.046(e), acceptance or rejection of improvements by the director of engineering in ETJ).
(Ordinance 2020-95 adopted 10/13/20)
(a)
Minimum lot size without platting.
Any subdivision of
land within the ETJ must be platted unless the resulting subdivided
lots are a minimum of ten (10) acres each, each subdivided lot has
access to a public street, and no public improvements are being dedicated.
This regulation is to encourage platting of land within the ETJ.
(b)
No land uses shown on plats.
Proposed land uses may
not be shown on plats within the ETJ, unless specifically allowed
by the director. Proposed land uses that may be shown on plats prior
to the adoption of this ordinance do not in any way establish zoning
or vest any rights to the use of the property in the future.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of this section is to encourage
the preservation of mature trees which, once removed, cannot be replaced
by equivalent trees, to preserve the health and viability of retained
trees during construction, and to control the removal of protected
trees when necessary. It is the intent of this section to achieve
the following:
(1)
Prohibit the indiscriminate clearing of property;
(2)
Protect and increase the value of residential and commercial properties
within the city;
(3)
Maintain and enhance a positive image for the attraction of new business
enterprises to the city;
(4)
Protect healthy quality trees and promote the natural ecological
environmental and aesthetic qualities of the city; and
(5)
Help provide needed shaded areas in order to provide relief from
the heat by reducing the ambient temperature.
(b)
Construction regulations.
(1)
Tree pruning restrictions.
No protected tree shall be
pruned in such a manner which significantly disfigures the tree or
in a manner which would reasonably lead to the death of a tree, except
where such pruning is necessary for the safety of the public or to
maintain utility service. Utility companies may prune trees as necessary
to re-establish disrupted utility service. The practice of “topping”
trees, either ornamental or canopy, is absolutely prohibited except
when necessary for utility provision, public safety or some other
official nuisance.
(2)
Fill and grading.
The area within the drip line of a
protected tree shall not be filled or graded.
(3)
Maintenance after development.
If any of the trees required
to be retained or trees planted as a part of this division should
die within a period of one year after completion of the activities
associated with construction, the owner of the property shall replace
the trees within six (6) months at a ratio of three-to-one (3:1) with
an approved large canopy tree from the recommended plant materials
chart, which is the same size as the tree removed.
(c)
Regulations prior to construction.
(1)
Tree flagging.
All protected trees on the subject property
within forty (40) feet of a construction area or surface improvements
such as driveway, walks, etc., shall be flagged with bright fluorescent
colored vinyl tape wrapped around the main trunk at a height of five
(5) feet or more such that the tape is highly visible to workers operating
construction equipment. This shall not include the flagging of protected
trees adjacent to ROW within approved residential subdivisions during
the construction of the roadway.
(2)
Protective fencing.
Solid, protective fencing a minimum
of three (3) feet in height will be located at the drip lines of all
protected trees that border the limits of construction. In situations
where a protected tree is located within the immediate area of intended
construction, protective fencing will be located at or beyond the
drip line.
(d)
Regulations during construction.
The following activities
shall be prohibited within the limits of the critical root zone of
any protected tree, subject to the requirements of this division:
(1)
Material storage.
No materials intended for use in construction
or waste materials accumulated due to excavation or demolition shall
be placed within the limits of the critical root zone of any protected
tree.
(2)
Equipment cleaning/liquid disposal.
No equipment shall
be cleaned or other liquids deposited or allowed to flow overland
within the limits of the critical root zone of a protected tree. This
would include paint, oil, solvents, asphalt, concrete, mortar or similar
materials.
(3)
Tree attachments.
No signs, wires or other attachments,
other than those of a protective nature shall be attached to any protected
tree.
(4)
Vehicular traffic.
No vehicular and/or construction
equipment traffic or parking shall take place within the limits of
the critical root zone of any protected tree other than on an existing
street pavement. This restriction does not apply to single incident
access within a critical root zone for purposes of clearing underbrush,
emergency restoration of utility service, or routine mowing operations.
(5)
Grade changes.
No grade changes (cut or fill) shall
be allowed within the limits of the critical root zone of any protected
tree unless adequate construction methods are approved by the director.
(6)
Impervious paving.
No paving with asphalt, concrete
or other impervious materials in a manner which may reasonably be
expected to kill a tree shall be placed within the limits of the critical
root zone of a protected tree.
(7)
Removal of protective fencing.
Protective fencing may
only be removed from the construction site at the time of the installation
of additional, permanent landscaping features.
(e)
Permanent construction methods and standards.
(1)
Boring.
Boring of utilities under protected trees may
be required in certain circumstances. When required, the length of
the bore shall be the width of the critical root zone at a minimum
and shall be a minimum depth of 48 inches.
(2)
Trenching.
All trenching where possible shall be designed
to avoid trenching across the critical root zone of any protected
tree. This shall not inhibit the placement of necessary underground
services such as electric, telephone, gas, etc.
(3)
Root pruning.
It is recommended that all roots two (2)
inches or larger in diameter which are exposed as a result of benching
or other excavation be cut off square with a sharp medium tooth saw
and covered with pruning compound within two (2) hours of initial
exposure.
(f)
Fees.
Any fees for removal or destruction of trees pursuant
to this section are listed in the master fee chart.
(Ordinance 2020-95 adopted 10/13/20)
