This article shall be known and cited as “The Town of Trophy Club Subdivision Regulations.” References herein to “regulations” or “subdivision regulations” shall mean the Town of Trophy Club Subdivision Regulations.
(Ordinance 98-08, sec. 1.1, adopted 4/21/98; Ordinance 2001-21, sec. 1.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.01)
This article is adopted pursuant to the authority of the constitution and laws of the State of Texas, as promulgated by chapter 212 of the Texas Local Government Code, as heretofore, or hereafter amended.
(Ordinance 98-08, sec. 1.2, adopted 4/21/98; Ordinance 2001-21, sec. 1.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.02)
In order to achieve orderly, efficient and environmentally sound subdivision of land, the town must be provided with appropriate guidelines and development management mechanisms. These subdivision regulations, in conjunction with any other land use control tool as now or hereafter may be adopted by the town, provide those guidelines and mechanisms. With this in mind, it is the nature, intent, and stated purpose of these subdivision regulations to:
(1) 
Protect and provide for the public health, safety, and general welfare of the community and the safe, orderly and healthful development of the municipality.
(2) 
Guide the future growth and development of the community, in accordance with the comprehensive land use plan and adopted development policies.
(3) 
Guide public and private development in order to ensure orderly layout and use of land, and to ensure adequate transportation, utilities, parks and other public requirements and facilities.
(4) 
Provide for open spaces, and prevent overcrowding of land, undue congestion of populations and congestions of streets.
(5) 
Establish reasonable standards of design and procedures for the subdivision of land in order to further the orderly layout and use of land.
(6) 
Ensure that public improvements are available and have sufficient capacity to serve the proposed subdivision.
(7) 
Preserve the natural beauty and topography of the town and to ensure appropriate development with regard to trees and other natural features.
(8) 
Provide for open spaces through the most efficient design and layout of land.
(9) 
Protect and preserve the character and value of land throughout the town and the value of buildings and improvements upon the land.
(Ordinance 98-08, sec. 1.3, adopted 4/21/98; Ordinance 2001-21, sec. 1.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.03)
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the town. The developer and/or subdivider has the duty of compliance with reasonable conditions laid down by the town planning and zoning commission for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the town and to the safety and general welfare of the future land owners in the subdivision and of the community at large.
(Ordinance 98-08, sec. 1.4, adopted 4/21/98; Ordinance 2001-21, sec. 1.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.04)
From and after the date of its adoption, this code shall govern all subdivision of land within the corporate limits of the town and to the extent of the town’s extraterritorial jurisdiction, as provided by law.
(Ordinance 98-08, sec. 1.5, adopted 4/21/98; Ordinance 2001-21, sec. 1.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.05)
It is the intent of the town council that these subdivision regulations shall be consistent with the adopted comprehensive land use plan, comprehensive zoning ordinance, and any supplemental land use and community development policies that may be adopted by the town council. No plat or subdivision of land within the town or outside the town boundaries as provided by law shall be approved unless it conforms to such plans, policies, and codes.
(Ordinance 98-08, sec. 1.6, adopted 4/21/98; Ordinance 2001-21, sec. 1.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.06)
(a) 
Provision of streets or public utility services.
The town shall not repair, maintain, install, or provide any streets or allow the provision of public utility services in any subdivision for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(b) 
Sale and supply of utility services.
The town shall not permit the sale, supply or approval of any utility service within a subdivision for which a final plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(c) 
Permits.
The provisions of this section shall not be construed to prohibit the issuance of permits for any lots upon which a building exists and was in existence prior to the passage of the subdivision regulations of the town, adopted June 8, 1987, nor to prohibit the repair, maintenance, or installation of any street by the town or public utility services by the town, by those subject to the right-of-way ordinance or by those holding a valid franchise thereunder, for, to or abutting any lot, the last recorded conveyance of which was by metes and bounds prior to June 8, 1987, and/or any subdivision, or lot therein, recorded, which subdivision was recorded and in existence prior to June 8, 1987
(Ordinance 98-08, sec. 1.7, adopted 4/21/98; Ordinance 2001-21, sec. 1.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.07)
(a) 
The interpretation and application of the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(b) 
Conflict with public and private provisions.
(1) 
Public provisions.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law, except as expressly repealed by this article. Where any provision of these regulations imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the provision that is more restrictive or imposes a higher standard shall control.
(2) 
Private provisions.
These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or other private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of these regulations, then such private provisions shall control.
(Ordinance 98-08, sec. 1.8, adopted 4/21/98; Ordinance 2001-21, sec. 1.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.08)
For the purpose of protecting the public health, safety, and general welfare, the town council may from time to time amend the provisions imposed by these subdivision regulations.
Amendments shall be made in accordance with the requirements of applicable law.
(Ordinance 98-08, sec. 1.9, adopted 4/21/98; Ordinance 2001-21, sec. 1.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 1.09)
It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance 2006-40, sec. II, adopted 10/2/06; Ordinance 2009-04, sec. II, adopted 2/16/09; 2006 Code, ch. 12, sec. 8.13)