(a) 
Division of property.
(1) 
Every owner of any tract of land located within the corporate limit or extraterritorial jurisdiction of the town who divides the tract into two or more parts as provided in chapter 212 of the Local Government Code shall cause a plat to be made by a registered public surveyor which shall accurately describe all the tracts by previously platted lot or block number or by metes and bounds if necessary and locate same as required by this article. All platted lots shall meet the minimum frontage required by the town’s zoning ordinance onto an improved street meeting the right-of-way and pavement requirements of the town’s thoroughfare plan. No plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the plat records of the county where the real property is located.
(2) 
Plats required for compliance.
Except as otherwise specifically provided herein; in the event that an owner of property makes or causes a subdivision of land, he/she shall cause a preliminary plat to be approved prior to submitting a final plat for approval by the town and recording of the plat in the plat records of the county where the real property is located.
(3) 
Plat required for building permit.
No development, building, repair, plumbing, or electrical permit shall be issued by the town for any structure on a lot in a subdivision for which a final plat has not been approved and filed of record at the Denton or Tarrant County courthouse as required by law, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full.
(b) 
Combination of lots.
Any person desirous of combining two or more contiguous and previously platted lots into one single lot for the purpose of removing interior lot lines shall submit a “replat” thereof; obtain approval from the town council; and have same filed of record in the plat records of the county where the real property is located.
(Ordinance 98-08, sec. 3.1, adopted 4/21/98; Ordinance 2001-21, sec. 3.1, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.01; Ordinance adopting Code)
Prior to the official filing of a preliminary plat, the subdivider, his/her planner, engineer, or representative shall consult with and present a concept plan of the subdivision to the town planning and zoning administrator and other appropriate authorized town representatives as determined by the town, for comments and advice on the procedures, specifications, and standards required by the town for the subdivision of land.
(Ordinance 98-08, sec. 3.2, adopted 4/21/98; Ordinance 2001-21, sec. 3.2, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.02)
(a) 
Generally.
All plats to be considered for approval under these regulations shall be submitted to the town planning and zoning administrator along with a completed application and fees, and must be in accordance with all regulation requirements. No plat shall be formally accepted for review by the town until it fulfills all of the requirements of this division.
(b) 
Scale and sheet size.
All plats shall be drawn to a scale of one inch (1") = one hundred feet (100'), unless permission is obtained prior to submittal from the town planning and zoning administrator for a larger or smaller scale. All sheet sizes shall be twenty-four inches by thirty-six inches (24" x 36") and shall be computer generated or drawn in ink on a reproducible film material.
(c) 
Filing of the plat.
One (1) mylar and five (5) blue-line copies of the final plat, at a size of eighteen inches by twenty-four inches (18" x 24") in addition to one (1) mylar at a size of eleven inches by seventeen inches (11" x 17"), shall be provided to the town to be filed with the county by the town. Said eighteen inches by twenty-four inches (18" x 24") plat may be drawn at 1" = 200'.
(Ordinance 98-08, sec. 3.3, adopted 4/21/98; Ordinance 2001-21, sec. 3.3, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.03)
(a) 
Plats are to be submitted for the approval of the town in accordance with the provisions stated herein. Approval by the town is a two-step process requiring submission to and approval by the planning and zoning commission and then submission to and approval by the town council.
(b) 
A plat may be submitted but shall not be considered as being filed with the town until it has been determined to be administratively complete. An application for plat approval shall be considered administratively complete when town staff determines that it meets all requirements of applicable town codes so that it may be reviewed by the planning and zoning commission, has been placed on the agenda for the commission, and the agenda has been posted as required by law. An incomplete application shall not be considered “filed” with the town as defined in this article, but shall be returned to the applicant for completion and resubmittal.
(c) 
The planning and zoning commission shall act on an administratively complete application for plat approval within thirty (30) days after the plat is filed with the town in accordance with subsection (b) above. The plat shall be deemed approved unless it is disapproved within that thirty (30) day period. The town council shall act on the plat within thirty (30) days after the date the plat is approved by the planning and zoning commission or is considered approved by the inaction of the commission. A plat shall be deemed approved by the town council unless it is disapproved within that period.
(d) 
If a plat is approved, the town shall endorse the plat with the appropriate certificates indicating the approval. The certificate must be signed by the mayor, the commission’s presiding officer and attested by the town secretary.
(e) 
If the town fails to act within the prescribed thirty (30) day period, then upon request, the town shall issue a certificate stating the date the plat was filed with the town and that the town failed to act on the plat within the period.
(f) 
The town shall maintain a record of each application made to the town and the town’s action taken on it. On request of an owner of an affected tract, the town shall certify the reasons for the action taken on an application.
(Ordinance 98-08, sec. 3.4, adopted 4/21/98; Ordinance 2001-21, sec. 3.4, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.04)
The town shall approve a plat if it conforms to:
(1) 
The general plan, rules and codes of the town and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
(2) 
The general plan, rules and codes for the extension of the town and its roads, streets, and public highways within the town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities;
(3) 
All requirements of the town’s subdivision regulations and all rules adopted pursuant to those regulations or the town’s zoning ordinance;
(4) 
An approved preliminary plat.
(Ordinance 98-08, sec. 3.5, adopted 4/21/98; Ordinance 2001-21, sec. 3.5, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.05)
(a) 
Duties of the staff.
Upon the complete submission of the documents and materials required for the preparation of preliminary plats, final plats, replats, and amended plats the town planning and zoning administrator or other town official responsible for review and/or processing of the plat shall:
(1) 
Review the plat for completeness, noticing application of generally accepted engineering and planning design principles and standards. In the case of a final plat, the planning and zoning administrator shall review the final plat for compliance with the approved preliminary plat and requirements of these regulations.
(2) 
Distribute the plat to the following authorities for review: town engineer and planner, department of public safety officials, department of public works officials, Trophy Club Municipal Utility District, and other authorities when appropriate.
(3) 
Summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the planning and zoning commission.
(Ordinance 98-08, sec. 3.6, adopted 4/21/98; Ordinance 2001-21, sec. 3.6, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.06)
(a) 
Preliminary plat required.
A preliminary plat shall be required for all parcels of land on which the filing of a plat is required by state law or town regulations and codes. An exception shall be allowed in the event:
(1) 
A preliminary plat has been submitted within the last six (6) months; or
(2) 
Platting is being submitted in accordance with section 10.02.070, Short Form Plat.
(b) 
Criteria.
The preliminary plat shall meet all the criteria of preliminary plat submission as required in regulations and codes of the town and procedures as listed in these regulations.
(c) 
Preparation.
The preliminary plat shall be prepared by a qualified professional.
(d) 
Public meetings.
A preliminary plat does not require a public hearing. However, action on the preliminary plat, by the planning and zoning commission and the town council, is required at a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting.
(e) 
The preliminary plat shall contain the following information:
(1) 
Names and addresses of the subdivider, record owner, land planner, engineer, surveyor, or qualified professional.
(2) 
Proposed name of subdivision.
(3) 
Names and lot patterns of contiguous platted subdivisions within one hundred feet (100') of the subdivision.
(4) 
Vicinity map showing street location of tract by reference to existing street or highways.
(5) 
Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres.
(6) 
Location of town limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary.
(7) 
Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown.
(8) 
The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public area and permanent structures within or contiguous to the subdivision.
(9) 
The locations, sizes, and descriptions of existing and proposed utilities (above and/or below grade), within the subdivision or adjacent thereto.
(10) 
The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements, or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions.
(11) 
Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use.
(12) 
Topographical information based on 2-foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5-foot vertical intervals may be used.
(13) 
Centerline of watercourses, creeks and ravines, existing drainage structures and other pertinent data shall be shown.
(14) 
Areas subject to flooding shall be shown, delineating the 100-year flood limits if applicable.
(15) 
A drainage study shall be required to provide the information as recorded in town design guidelines.
(16) 
A number to identify each lot and a number or letter to identify each block; an indication of the typical lot size; the area of the smallest lot.
(17) 
Building setback lines on all lots and sites adjacent to streets.
(18) 
Title, date of preparation, scale and north arrow.
(19) 
Current description of the property to be subdivided which includes survey name and tract numbers from town or county records.
(20) 
Such additional terms and conditions including design standards as the planning and zoning commission and town council deems necessary.
(f) 
Action by the planning and zoning commission.
The decision of the planning and zoning commission shall be approval, disapproval, or conditional approval of the preliminary plat.
(1) 
Approval shall constitute acceptance of the preliminary plat.
(2) 
Conditional approval of the preliminary plat shall constitute approval; however, conditional approval means that the plat is subject to compliance with prescribed conditions as specified by the planning and zoning commission and shall effectively constitute disapproval until all such conditions are met. Conditionally approved preliminary plats need not be addressed by the planning and zoning commission again. The conditions attached to the preliminary plat shall be met upon filing of the final plat.
(3) 
Upon disapproval of the preliminary plat by the town planning and zoning commission, the preliminary plat shall be deemed completely rejected as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process.
(4) 
Upon the approval of the preliminary plat by the town planning and zoning commission, the preliminary plat shall be submitted to the town council for consideration.
(g) 
Action by the town council.
The decision of the town council shall be approval or disapproval of the preliminary plat. A three-fourths (3/4) vote of the members of the council present and voting shall be required to overturn a unanimous decision of the planning and zoning commission. In all other instances, a majority vote of the council shall be required.
(1) 
Approval of a preliminary plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and final plat. Approval of the preliminary plat shall be subject to all conditions specified by the planning and zoning commission either being complied with or documented and approved by the town council.
(2) 
Disapproval signifies rejection completely of the preliminary plat as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process.
(h) 
Deadline and submitted material.
The applicant shall, when filing the preliminary plat, submit twelve (12) copies of the preliminary plat measuring a minimum of 18 inches by 24 inches to the town planning and zoning administrator at least twenty-one (21) days prior to the planning and zoning commission meeting at which it is to be addressed.
(1) 
The applicant shall, when filing the preliminary plat, submit an eight and one-half inches by eleven inches (8-1/2" x 11") reproducible reduction of all maps included in the submittal material.
(2) 
The applicant shall, when filing the preliminary plat, submit a completed application and pay all fees required for preliminary platting as specified in subsection (j) of this section (preliminary plat review fee).
(3) 
Upon action of the planning and zoning commission, the applicant shall submit twelve (12) copies of the preliminary plat to the town planning and zoning administrator within five (5) days following the planning and zoning commission meeting at which action was taken. These copies will then be forwarded to the town council for review.
(4) 
Failure to submit the material and pay all fees as required herein, as determined by the town planning and zoning administrator, shall constitute an incomplete submittal and the application shall not be accepted by the town for filing or processing.
(i) 
Preliminary plat review fee.
A preliminary plat review fee, in accordance with the schedule of fees as adopted by the town, shall be paid the town upon submission of a preliminary plat application. A schedule of these fees is available upon request at the town offices and is provided with the application for preliminary plat.
(j) 
Effective period.
(1) 
The approval of a preliminary plat shall be effective for a period of twelve (12) months. In the event that the final platting process has not been initiated by the developer within twelve (12) months from the date of approval of the preliminary plat, the preliminary plat shall require reapproval. The entire approval process including payment of fees will be required.
(2) 
The applicant may receive one (1) extension of the preliminary plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the preliminary plat shall be placed on the planning and zoning commission agenda for consideration for extension.
(Ordinance 98-08, sec. 3.7, adopted 4/21/98; Ordinance 2001-21, sec. 3.7, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.07; Ordinance adopting Code)
(a) 
Order of platting.
After obtaining approval of a preliminary plat and compliance with all necessary fiscal agreements, including all fees and/or other assessments, the applicant may submit a final plat. The final plat shall be accompanied by a completed application and shall be in accordance with all requirements of this article.
(b) 
Preparation.
The final plat may be prepared by a qualified professional but must be certified by a registered public land surveyor by the State of Texas.
(c) 
Public meetings.
A final plat does not require a public hearing. However, action on the final plat, by the planning and zoning commission and the town council, is required at a public meeting. Notice of a public meeting must be posted seventy-two (72) hours prior to the meeting.
(d) 
Final plat information.
The final plat shall contain the following information shown on the drawing or attached thereto as appropriate:
(1) 
Title or name of development, written and graphic scale, north point, date of plat and key map.
(2) 
Location of the development by town, county, and state.
(3) 
Accurate boundary survey and property description with tract boundary lines indicated by heavy lines.
(4) 
A metes and bounds description of the subdivision, and locate the same with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part.
(5) 
Accurate plat dimensions with all engineering information necessary to reproduce the plat on the ground.
(6) 
Approved name and right-of-way width of each street, both within and adjacent to the development.
(7) 
Locations, dimensions and purposes of any easements or other rights-of-way and all building lines.
(8) 
Identifications of each lot or site and block by number or letter.
(9) 
Record owners of contiguous parcels of unsubdivided land, names and lot patterns of contiguous subdivisions within one hundred (100) feet of the subdivision.
(10) 
Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use.
(11) 
Certification of dedication of all streets, alleys, parks and other public uses signed by the owner or owners.
(12) 
Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the town of such responsibility. A statement that “should the entity responsible for maintenance of common held property fail to perform the function, the town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements.”
(13) 
Dimensions and locations of all streets, alleys, squares, parks or other portions of the subdivision intended to be dedicated to public use.
(14) 
Space for signatures attesting approval of the plat by the mayor, the planning and zoning commission’s presiding officer, and town secretary.
(15) 
Seal and signature of the registered public land surveyor responsible for surveying the development and/or the preparation of the plat.
(16) 
Compliance with all special requirements developed in preliminary plat review.
(17) 
A statement indicating that the town or the MUD, as applicable, shall issue no permit until the completion of all dedicated improvements and acceptance of such improvements associated with the subdivision are approved by the town.
(18) 
Space provided for signatures of electric company, gas company, cable company, phone company, Trophy Club MUD, or any other public utility entity. Stating that said utility has reviewed the final plat and is in agreement with the location of all easements and rights-of-way shown on the plat.
(e) 
At least seven (7) days prior to the submission of a final plat application with the town, the subdivider shall submit to the town planning and zoning administrator three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the town engineer for his/her review and recommendation. These plans shall make adequate provision for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision and shall provide for the construction of such other improvements as may be required. These plans shall be in accordance with provisions of this article and all other codes, policies, and procedures of the town as related in the design standards for paving, drainage and utility improvements. The subdivider shall pay the full cost of all public improvements.
(f) 
Action by the planning and zoning commission.
The decision of the planning and zoning commission shall be either approval or disapproval of the final plat.
(1) 
Approval shall constitute acceptance of the final plat.
(2) 
Upon disapproval of the final plat by the town planning and zoning commission, the final plat shall be deemed completely rejected as submitted. The applicant may then choose to reinitiate the subdivision approval procedure, including all fees required in the process.
(g) 
Upon the approval of the final plat by the town planning and zoning commission, the preliminary or final plat shall be submitted to the town council for consideration.
(h) 
Action by the town council.
The decision of the town council shall be approval or disapproval of the final plat. A three-fourths vote of the members of the council present and voting shall be required to overturn a unanimous decision of the planning and zoning commission. In all other instances, a majority vote of the council shall be required.
(1) 
Approval of a final plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the engineering construction associated with the subdivision.
(2) 
Disapproval signifies complete rejection of the final plat as submitted. The applicant may then choose to initiate the subdivision approval procedure again, including all fees required in the process.
(3) 
Table with waiver. In the event that the town and/or the applicant should desire that action on the final plat should be extended to a subsequent meeting that would be beyond the “30 day” period for action, said table may occur in the event that the applicant has provided written documentation waiving their right for action within the thirty (30) day time limitation.
(i) 
Deadlines and submitted materials–Final plat.
(1) 
The applicant shall, when filing the final plat with the town, submit twelve (12) copies of the final plat measuring 18 inches by 24 inches (18" x 24") to the town planning and zoning administrator at least fourteen (14) days prior to the planning and zoning commission meeting at which it is to be addressed.
(2) 
At least seven (7) days prior to the submission of the final plat, the subdivider shall submit, to the town planning and zoning administrator, three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The subdivider shall also be responsible for submitting the engineering plans to the town engineer for his/her review and recommendation.
(3) 
The applicant shall, when filing the final plat with the town, submit an eight and one-half by eleven inches (8-1/2" x 11") reproducible reduction of the final plat.
(4) 
The applicant shall, when filing the final plat with the town, also submit the completed application and pay all fees required for final platting in accordance with the schedule of fees adopted by the town.
(5) 
Upon action of the planning and zoning commission, the applicant shall submit twelve (12) copies of the final plat to the town planning and zoning administrator within five (5) days following the planning and zoning commission meeting at which action was taken. These copies will then be forwarded to the town council for review.
(6) 
Failure to submit the material as described above, as determined by the town planning and zoning administrator, shall constitute an incomplete submittal and shall cause the application to not be accepted for filing or processing.
(j) 
Final plat review fee.
A final plat review fee, in accordance with the schedule of fees as adopted by the town, shall be provided at the time the final plat application is submitted. A schedule of these fees is available upon request at the town offices and is provided with the application for final plat.
(k) 
Tax certificates.
The final plat must have the tax certificates from all taxing entities submitted to the town before the plat can be filed.
(l) 
Filing.
The final plat shall be filed of record by the town in the plat records of the county where the real property is located after the town council has officially acted upon the final plat, bonds/securities have been submitted and approved by the town and all developer agreements or subdivision agreements have been executed by all involved parties and accepted by the town. Filing fees for recording the final plat shall be paid by the subdivider. The applicant shall submit one mylar and five (5) blue-line copies of the final plat, at a size of 18 inches x 24 inches, in addition to one (1) mylar at a size of eleven inches by seventeen inches (11" x 17"), to the town to be filed with the county.
(Ordinance 98-08, sec. 3.8, adopted 4/21/98; Ordinance 2001-21, sec. 3.8, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.08)
(a) 
Vacation of plat.
(1) 
Prior to the sale of any lot.
The proprietors of the tract covered by a plat may vacate 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.
(2) 
After the sale of any lot.
If lots in 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.
(3) 
The county clerk shall write legibly on the vacated plat the word “Vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.
(4) 
On the execution and recording of the vacating instrument, the vacated plat has no effect.
(b) 
Replatting without vacating preceding plat.
A replat of a plat or a resubdivision of a plat, but without vacation of the immediate previous plat, shall be authorized to be recorded and shall be deemed valid and controlling when approved by the town planning and zoning commission and town council under the following conditions:
(1) 
It has been signed and acknowledged by all of the owners of the particular property that is being replatted;
(2) 
It has been approved by the town planning and zoning commission and town council after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard;
(3) 
It does not attempt to alter, amend or remove any covenants or restrictions; and
(4) 
There is compliance, when applicable, with subsections (c) and (d) of this section.
(c) 
Additional requirements for replatting without vacating previous plat.
If any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, the following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat.
(1) 
Notice of such town planning and zoning commission and town council hearing shall be given in advance in the following manner:
(A) 
Publication at least fifteen (15) days in advance of hearing being published in the official town newspaper of general circulation; and
(B) 
Written notice, with a copy of subsection (2) of this subsection attached thereto, of such public hearing forwarded by the town to the owners (as the ownerships appear on the most recently approved ad valorem tax roll of the town) of property in the original subdivision; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the town.
(2) 
If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (3/4) of all members of the planning and zoning commission and town council. 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 planning and zoning commission and town council prior to the close of the public hearing.
(3) 
Compliance with subsections (2) and (3) is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for a use other than single or duplex family residential use by notation on the last legally recorded plat; or in the legally recorded restrictions applicable to the plat.
(d) 
Amended plat.
The town council is authorized to issue an amended plat which is signed by the applicants only and which is for one or more of the purposes set forth below. Approval and issuance of such an amended plat shall not require notice, hearing, or approval of other lot owners if the sole purpose of the amending plat is:
(1) 
To correct an error in any course or distance shown on the prior plat;
(2) 
To add any course or distance that was omitted on the prior plat;
(3) 
To correct an error in the description of the real property shown on the prior plat;
(4) 
To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
(5) 
To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat;
(6) 
To correct any other type of scrivener or clerical error or omission as previously approved by the planning and zoning commission or governing body of the town; such errors and omissions may include, but are not limited to, 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 where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have materially adverse effect on the property rights of the other owners in the plat;
(8) 
To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or
(9) 
To relocate one (1) or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not:
(A) 
Attempt to remove recorded covenants or restrictions; or
(B) 
Increase the number of lots; or
(10) 
To make necessary changes to the prior plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the prior plat if:
(A) 
The changes do not affect applicable zoning and other regulations of the town;
(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 the area that the town planning and zoning commission or town council has approved, after a public hearing, as a residential improvement area.
(Ordinance 98-08, sec. 3.9, adopted 4/21/98; Ordinance 2001-21, sec. 3.9, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.09; Ordinance adopting Code)
(a) 
Conditions and requirements.
A preliminary plat, preliminary plat approval, or detailed utility drawings will not be required for a short form plat. A short form procedure may be followed for the approval of a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements:
(1) 
The resulting lots conform to all minimum size requirements of these regulations and the comprehensive zoning ordinance.
(2) 
The proposed subdivision shall not exceed a maximum of four (4) lots.
(3) 
Such lots abut an existing street and do not require the creation of any new street or the addition or extension of municipal facilities in order to meet the requirements of these regulations, unless otherwise required by the town.
(4) 
The perimeter of the tract being subdivided has been surveyed and marked on the ground, a plat thereof prepared and submitted to the town planning and zoning administrator, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred feet of a known corner which is adequately marked by a concrete monument or iron stake.
(5) 
The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, and drainage facilities are not required.
(6) 
The utilities, as required in these regulations, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor job, the necessary easements exist already and arrangements to provide such utilities have been made.
(7) 
The uses proposed for the property will not require rezoning of any portion of the property, and the resulting lots conform to all area and setback requirements of these regulations and the zoning ordinance of the town.
(b) 
Formal application.
Formal application for a short form plat approval, shall be made by the subdivider in writing to the planning and zoning commission and submitted to the town planning and zoning administrator at least twenty-four (24) days prior to the regularly scheduled meeting of the planning and zoning commission of which it is requested to be heard.
(c) 
Submission.
The subdivider shall submit three (3) blue-line copies of the plat, and one copy reduced to eight and one-half inches by eleven inches (8-1/2" x 11") with the town planning and zoning administrator at least fourteen (14) days prior to the date at which the planning and zoning commission will consider the request. The short form plat shall be submitted in final form, meeting the form and content requirements of a final plat.
(d) 
Area map.
Such plat shall be accompanied by three copies of an area map at a scale adequate to view the areas surrounding the proposed subdivision, and an 8-1/2 inches x 11 inches reduction of the area map and showing all existing subdivisions, streets, easements, rights-of-way, parks, and public facilities in the vicinity including approximate locations and sizes of utilities. The area map shall also indicate the general drainage plan and the ultimate destination of the stormwater, and the direction of flow of the drainage and wastewater systems.
(e) 
Processing.
(1) 
The subdivider shall submit the plat in accordance with the fee schedule as required for a final plat in section 10.02.068(j).
(2) 
The town planning and zoning administrator shall process the plat and ensure that it is checked for conformance to town codes and regulations.
(3) 
The town planning and zoning administrator shall forward a copy of all submitted material to the planning and zoning commission with any comments or recommendations of the town staff, town engineer/planner, department of public safety, the department of public works, Trophy Club Municipal Utility District, and other authorities when appropriate; and subsequently to the town council for approval.
(4) 
Contents of the plat shall consist of those items required of a final plat as listed in section 10.02.068(d).
(5) 
Procedures regarding action of the town are as listed in section 10.02.068.
(Ordinance 98-08, sec. 3.10, adopted 4/21/98; Ordinance 2001-21, sec. 3.10, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.10)
(a) 
Division of property.
Every owner of property to be divided, for which a plat has been submitted for approval, shall be required to dedicate to the town that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to final plat approval. At the time of such dedication, all liens for delinquent taxes on such dedicated property shall be removed.
(b) 
Amended plats.
(1) 
No dedication for streets, utilities or other public purposes may be required as a prerequisite to approval of a plat combining two or more existing platted lots for the purpose of removing interior lot lines, or for the purpose of correction of error as permitted in section 10.02.069(d).
(2) 
No dedication of right-of-way or easements except for the provision of utilities may be required as a prerequisite to approval of a plat revision submitted for the purpose of moving an interior lot line.
(Ordinance 98-08, sec. 3.11, adopted 4/21/98; Ordinance 2001-21, sec. 3.11, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.11)
A city, city officials, town-owned or town-operated utility, or public utility may not serve, connect, or provide water, sewer, electricity, gas or other utility service unless the entity holds a certificate of authority applicable to the land to be served. This prohibition applies to any of the foregoing entities that either serves or first connects with such utility services on or after September 1, 1987.
(Ordinance 98-08, sec. 3.12, adopted 4/21/98; Ordinance 2001-21, sec. 3.12, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.12)
(a) 
Generally.
In addition to all other requirements set forth in other applicable codes and regulations of the town, all subdivisions and plats submitted pursuant to this article shall:
(1) 
Require and provide that all electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires, all cable television and other communication or utility lines and wires, and all terminals shall be installed, placed and constructed underground. Cable television, telephone, and electric transformer and primary switching gear may be pad mounted or placed underground; and
(2) 
Contain the written approval, affixed to the subdivision plat, as a condition of approval by the town council and town planning and zoning commission, of all electric, telephone, cable television and other communication or utility companies serving the town and which will provide service to the proposed subdivision or development.
(b) 
Waiver.
The town council may authorize and permit a waiver from the undergrounding requirement upon recommendation by the planning and zoning commission.
(c) 
Charges.
Nothing in this article or any other ordinance of the town shall prohibit or restrict any electric, telephone or other utility or communications company from charging the owner, developer or subdivider of or within a subdivision for the difference between the cost of constructing overhead lines and wires and placing the same underground, or from charging the owner[,] developer or subdivider of or within a subdivision for extension of its lines and wires, in accordance with the methods and procedures set forth in the respective utility’s or communications company’s approval tariff. It shall be the responsibility and duty of any such owner, developer or subdivider of, or within a subdivision, to pay all such charges to any such utility or communications company. No such utility or communications company shall be required to begin construction unless and until the owner, developer or subdivider of, or within a subdivision, has made arrangements satisfactory to the utility or communications company for the payment of the charges specified in this section.
(d) 
Provision of temporary utility service.
Nothing in this article shall in any way prohibit or restrict any utility company from providing temporary utility service, provided that such temporary service shall be limited to twelve (12) months, and shall be subject to a $2,000.00 fine for each day in excess of that.
(e) 
Street lighting.
Nothing in this article shall restrict or prohibit the placement, erection, or construction of street lighting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground.
(f) 
Placement of equipment.
All electric, telephone, and cable, utilities shall be placed in the rear easement unless otherwise approved by the planning and zoning commission as a part of the platting process. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. Occasional location in the front yard area may be permitted for unusual conditions if said locations have been indicated on an approved preliminary plat. All such equipment that is installed above ground will be low profile in nature and will not exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as near the rear property line as possible. Switch gear will be located such that it maintains low visibility but may be placed convenient to and accessible from the street.
(g) 
All above-ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer.
(Ordinance 98-08, sec. 3.13, adopted 4/21/98; Ordinance 2001-21, sec. 3.13, adopted 9/17/01; 2006 Code, ch. 12, sec. 3.13)