A. 
No form of Subdivision Plat or a Development Plat shall be recommended for approval by Administrative Approval, Planning and Zoning Commission, or approved by the Town Council and no completed improvements shall be accepted by the Town unless they conform to the following standards and specifications:
1. 
Standard Operating Procedures:
The procedures established by this Ordinance and adopted by the Town Council, which detail application procedures, filing dates, review, filing fees as set by the Fee Schedule, standards for preliminary plats and final plats, all required construction plans, and any accompanying material.
2. 
Classification:
The classification of subdivisions into Major or Minor Subdivisions as established by this Ordinance.
3. 
Subdivision Design Criteria and Standards:
The design criteria and standards as adopted by the City Council which detail the requirements regarding the physical appearance and other standards for the subdivision.
4. 
Standard Specifications for Construction of Public Improvements:
The standards and specifications set by this Ordinance and adopted requirements for the construction of streets, drainage, and sewer facilities.
5. 
Other Standards:
The provisions of the Town Mobile Home Ordinance, the City Building Code, and any other Town ordinances which are applicable to the particular subdivision.
6. 
PLAT REQUIRED.
(a) 
The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of a municipality who divides the tract in two or more parts to lay out a subdivision of the tract, including an addition to a municipality, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts must have a plat of the subdivision prepared. A division of a tract under this subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of land under this subsection does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.
(b) 
To be recorded, the plat must:
(1) 
describe the subdivision by metes and bounds;
(2) 
locate the subdivision with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part; and
(3) 
state the dimensions of the subdivision and of each street, alley, square, park, or other part of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, alley, square, park, or other part.
(c) 
The owner or proprietor of the tract or the owner’s or proprietor’s agent must acknowledge the plat in the manner required for the acknowledgment of deeds.
(d) 
The plat must be filed and recorded with the county clerk of the county in which the tract is located.
(e) 
The plat is subject to the filing and recording provisions of Section 12.002, TX. Property Code.
7. 
EXCEPTION TO PLAT REQUIREMENT: MUNICIPAL DETERMINATION.
(a) 
To determine whether specific divisions of land are required to be platted, a municipality may define and classify the divisions. A municipality need not require platting for every division of land otherwise within the scope of this subchapter.
(b) 
In lieu of a plat contemplated by this subchapter, a municipality may require the filing of a development plat under Subchapter B if that subchapter applies to the municipality.
8. 
APPROVAL BY MUNICIPALITY REQUIRED.
The municipal authority responsible for approving plats must approve a plat or replat that is required to be prepared under this subchapter and that satisfies all applicable regulations. This ordinance defines which plats or plans may receive Administrative Approval, Planning and Zoning Approval, and/or City Council Approval.
9. 
AUTHORITY RESPONSIBLE FOR APPROVAL GENERALLY.
The municipal authority generally responsible for approving plats under this subchapter is the Town Planning and Zoning Commission. For plats for property defined as Major Plats (five or more lots), the City Council will review and the recommendation of the Planning and Zoning Commission, and determine final approval or denial.
10. 
DELEGATION OF APPROVAL RESPONSIBILITY.
(a) 
The Town Council does delegate to two or more officers or employees of the municipality the ability to approve:
(1) 
amending plats described by Section 4.2;
(2) 
minor re-plats or replats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or
(3) 
a replat under the specific requirements of TX Loc. Govt. Code Section 212.0145, and does not require the creation of any new street or the extension of municipal facilities.
(b) 
The designated person or persons may, for any reason, elect to present the plat for review to the Town Planning and Zoning Commission.
(c) 
The Town Council has delegated approval responsibility for the plats in 1,2, and 3 to the following Officers or Employees of the Town, any two of whom may together approve such plats: Mayor, City Administrator/City Secretary; City Engineer, City Attorney. The persons shall not disapprove the plat and shall be required to refer any plat which the persons refuse to approve to the Town Planning and Zoning Commission within the time periods specified in Section 4.1.1, below.
B. 
The applicant may confer with Staff and/or the Planning and Zoning Commission prior to the preparation of a concept plan and discuss the procedure for obtaining approval of a Major or Minor Subdivision plat or Replat and the requirements as to the general layout and arrangement of lots, blocks and streets, and minimum design and construction requirements for streets, storm drainage, sewerage and water improvements.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
1. 
APPROVAL PROCEDURE: INITIAL APPROVAL.
(a) 
The Commission, when responsible for approving plats, shall approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed. A plan or plat is approved by the municipal authority unless it is disapproved within that period and in accordance with [subsection] 2.
(b) 
If an ordinance requires that a plan or plat be approved by the governing body of the municipality in addition to the planning commission, the governing body shall approve, approve with conditions, or disapprove the plan or plat within 30 days after the date the plan or plat is approved by the Commission or is approved by the inaction of the Commission. A plan or plat is approved by the governing body unless it is disapproved within that period and in accordance with [subsection] 2.
(b-1) 
Notwithstanding Subsection (a) or (b), if a groundwater availability certification is required under TX. Loc. Govt. Code Section 212.0101, the 30-day period described by those subsections begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable.
(b-2) 
Notwithstanding Subsection (a) or (b), the parties may extend the 30-day period described by those subsections for a period not to exceed 30 days if:
(1) 
the applicant requests the extension in writing to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable; and
(2) 
the municipal authority or governing body, as applicable, approves the extension request.
(c) 
If a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or plat with a certificate indicating the approval. The certificate must be signed by:
(1) 
the authority’s presiding officer and attested by the authority’s secretary; or
(2) 
a majority of the members of the authority.
(d) 
If the municipal authority responsible for approving plats fails to approve, approve with conditions, or disapprove a plan or plat within the prescribed period, the authority on the applicant’s request shall issue a certificate stating the date the plan or plat was filed and that the authority failed to act on the plan or plat within the period. The certificate is effective in place of the endorsement required by Subsection (c).
(e) 
The municipal authority responsible for approving plats shall maintain a record of each application made to the authority and the authority’s action taken on it. On request of an owner of an affected tract, the authority shall certify the reasons for the action taken on an application.
2. 
APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR DISAPPROVAL REQUIREMENTS.
(a) 
A municipal authority or governing body that conditionally approves or disapproves a plan or plat under this subchapter shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval.
(b) 
Each condition or reason specified in the written statement:
(1) 
must:
(A) 
be directly related to the requirements under this subchapter; and
(B) 
include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and
(2) 
may not be arbitrary.
3. 
APPROVAL PROCEDURE: APPLICANT RESPONSE TO CONDITIONAL APPROVAL OR DISAPPROVAL.
After the conditional approval or disapproval of a plan or plat under 2., the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided. The municipal authority or governing body may not establish a deadline for an applicant to submit the response.
4. 
APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL OF RESPONSE.
(a) 
A municipal authority or governing body that receives a response under [subsection] 3. shall determine whether to approve or disapprove the applicant’s previously conditionally approved or disapproved plan or plat not later than the 15th day after the date the response was submitted.
(b) 
A municipal authority or governing body that conditionally approves or disapproves a plan or plat following the submission of a response under [subsection] 3.
(1) 
must comply with [subsection] 2.; and
(2) 
may disapprove the plan or plat only for a specific condition or reason provided to the applicant under [subsection] 2.
(c) 
A municipal authority or governing body that receives a response under [subsection] 3. shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.
(d) 
A previously conditionally approved or disapproved plan or plat is approved if:
(1) 
the applicant filed a response that meets the requirements of Subsection (c); and
(2) 
the municipal authority or governing body that received the response does not disapprove the plan or plat on or before the date required by Subsection (a) and in accordance with [subsection] 2.
5. 
APPROVAL PROCEDURE: WAIVER PROHIBITED.
The municipal authority responsible for approving plats or the governing body of the Town may not request or require an applicant to waive a deadline or other approval procedure under this Section.
6. 
STANDARDS FOR APPROVAL.
(a) 
The municipal authority responsible for approving plats shall approve a plat if:
(1) 
it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
(2) 
it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
(3) 
it conforms to any rules adopted under TX Loc. Govt. Code Section 212.002.
(b) 
However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by TX Loc. Govt. Code Section 212.0105, if applicable. This section applies to subdivisions installing water and sewer facilities utilizing groundwater, bonds, or other specific qualifications in that section.
(Ordinance 329-12-2019 adopted 12/9/19)
Subdivisions and plats shall be classified as Major, Minor, Replats and Development Plats
A. 
MAJOR SUBDIVISION.
1. 
A Major Subdivision shall be one that has been determined to be of such character that is or may have a substantial impact on the topography, drainage, sewage, streets, and similar features and facilities both within the subdivision, its neighboring properties, and/or the community at large. As a general rule, subdivisions creating five or more new lots or any subdivision with a proposed new street or requiring extension of the sanitary sewer shall be classified as a Major Plat.
2. 
A Major Subdivision shall require the submittal of a preliminary plat and, following approval of the preliminary plat, the subdivider shall submit the required construction plans, and upon approval of construction in accordance with the approved plans, shall require the submittal of a final plat with required accompanying materials.
3. 
Final approval, approval with conditions, or denial of Major Subdivisions shall be by the Town Council after recommendation by the Commission.
B. 
MINOR SUBDIVISION.
1. 
A Minor Subdivision shall be one that has been determined to be of such character that there shall be minor measurable impact on the topography, drainage, sewage, streets, and similar features and facilities both within the subdivision, the neighboring properties, and/or the community at large. As a general rule, subdivisions creating four or fewer new lots and no new streets or other public improvements are required, shall be considered as Minor Plats.
2. 
A Minor Subdivision shall require the submittal of a final plat and, following approval of the final, .Minor subdivision plans shall be approved by the Commission. Town Council approval is not required for a minor replat.
C. 
REPLAT.
A Replat, (and for purposes of this ordinance, any related modifications to an approved plat) shall include modification of an existing plat that creates new lots or alters any previously dedicated rights-of-way or easements, as provided in Sections 212.013, through 212.016 of the Texas Local Government Code, as applicable, and this Ordinance. Any Replat that meets the requirements of an Amending plat (Section 212.016 TX Loc. Govt. Code) including the combination of existing lots, may be processed as a Final Plat. Replats may be approved administratively upon recommendation of approval by the Town Engineer.
D. 
VACATING A PLAT.
1. 
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
On the execution and recording of the vacating instrument, the vacated plat has no effect.
2. 
REPLATTING WITHOUT VACATING PRECEDING PLAT.
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
(1) 
is signed and acknowledged by only the owners of the property being replatted;
(2) 
is approved by the municipal authority responsible for approving plats; and
(3) 
does not attempt to amend or remove any covenants or restrictions.
E. 
DEVELOPMENT PLAT.
A plat required of a single lot, pursuant to the adoption by this ordinance of Subchapter B. of Chapter 212 of the Texas Local Government Code, as set forth below at section 4.5.1. A Development Plat may be approved administratively upon recommendation of approval by the Town Engineer, or referred to the Commission.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
Any owner or developer of any lot, tract, or parcel of land located with the corporate limits of the Town of within its extraterritorial jurisdiction who may wish to effect a subdivision of such land shall conform to the general procedure described as follows:
A. 
PRELIMINARY CONFERENCE:
The purpose of the preliminary conference is to allow the subdivider to discuss the provisions of the subdivision ordinance. Issues that are identified as subject to the Comprehensive Zoning Ordinance will be addressed through the Comprehensive Zoning regulations, rather than the Subdivision Ordinance. All concept plans which include zoning requirements; such as structure size; setbacks and other actual building requirements will be reviewed under the Zoning Ordinance. Prior to the conference, the subdivider should obtain copies of all requirements of the Town’s ordinances, and such forms, publications, design criteria and standards available from the Town applicable to the subdivision for his reference and for the benefit of his/her engineer. The Town Engineer will review all Plats and make recommendations to P&Z.
B. 
A plat of any kind is not considered “filed” for purposes of the time periods described in section 4.1.1 unless and until the plat application fee is paid in full,and the application is an Administratively Complete Application Package, as described below in subsection B.1.
B.1. 
Administratively Complete Application Package.
Plats, Replats Preliminary Plat for Major and Minor Subdivisions shall be accompanied by the following:
(a) 
Complete application filled out and signed by the property or the owners designated agent.
(b) 
[Reserved.]
(c) 
One copy of the private deed restrictions, if any, as filed in the records of Denton County.
(d) 
Three copies of Topography and Preliminary Drainage Plan, as described in this Section.
(e) 
The names and mailing addresses of all owners of lots within 200 feet of the proposed plat or replat; as indicated on the most recently approved tax roll.
(f) 
A complete list of variances requested (if any)
MAJOR SUBDIVISION PLATS: In addition to the items listed above shall include:
a)
Concept plan
b)
Preliminary Drainage Plan
CONSTRUCTION PLANS
a)
Construction plans to be submitted to the town should follow the guidelines in Section 5.2 of this document.
b)
Two copies of the proposed plans
c)
Payment of all impact fees, assessments, inspection fees and applicable pro-rata charges
FINAL PLAT
a)
Complete application filled out and signed out by the property owners or designated agent.
b)
The required review and filing fees for the requested plat type as set by the Town Fee Schedule.
c)
The final plat shall be accompanied by certificates from the Town, School District and County Tax Collectors showing that all Town, School District and County taxes on the land being subdivided have been paid to the current year
d)
Proof of required construction bonds
C. 
MAJOR SUBDIVISION:
After the preliminary conference the subdivider shall prepare and submit a Preliminary Plat for all major subdivisions, Upon receipt of an administratively complete application package, the preliminary plat will be submitted to the Town Engineer and Staff for review. The Preliminary Plat shall then be submitted to the Planning and Zoning Commission for approval and then to the Town Council for final action if the Planning and Zoning Commission recommends approval. If approval is not recommended, the subdivider may request more time to amend its submitted documents for a rehearing before the P&Z the request must be reviewed and accepted within 30 days of the request. Or, in the alternative, the subdivider may proceed to the Town Council for a decision.
D. 
Upon approval of any such final plat by the Town Planning and Zoning Commission, the same shall be referred to the Town Council, and the Town Council shall consider such final plat for acceptance of the dedication of all public property therein set forth, provided that the plat shall in all things fully comply with the terms and provisions of this Ordinance, and shall take final action on acceptance or denial of the proposed subdivision.
E. 
Upon acceptance of such plat and public properties by the Town Planning and Zoning Commission , the Mayor or designee shall immediately cause such plat to be recorded in the Records of Denton County, Texas. The recording of this plat shall be the responsibility of the City Secretary or his or her designee. No building permits for construction of public improvements on the subdivision property may occur without construction plans having been submitted, and approved, in addition to the preliminary plat. No building permits for homes or other real estate improvements will be issued until the Final Plat, with approved plans, has been filed in the Denton County records.
F. 
A prerequisite to plat approval of any type is proof by the applicant that city property taxes are paid in full and current for the subject property.
G. 
DIVISION OF PLAT REVIEW AND CONSTRUCTION PLANS
Though construction plans for drainage, roads and other public improvements may be required with the filing of a plat, the review periods for each are separate. The plat review process is as stated in section 4.1.1 of this ordinance. The construction plan review is separate, and will proceed in the normal course of business. No construction or grading of the property under review may occur until the construction plans have be reviewed and approved by the city engineer. No building permits will be issued for private improvements, including residential structures of any kind, until all public improvements have been completed, inspected and approved, with the appropriate and required payment and performance bonds in place.
Upon approval of the preliminary plat by the Planning and Zoning Commission, the subdivider may then prepare engineering and construction plans for all public improvements, utilities, and drainage for review by the Town Engineer. Upon approval of the engineering plans by the Town Engineer, the subdivider may then construct the improvements to be dedicated to the city, as well as the grading and drainage work to be done in compliance with the approved plans. When all the construction to be done in compliance with the approved engineering plans is complete, the subdivider may submit a Final Plat to the Planning and Zoning Commission for action. The Final Plat shall be accompanied by the final approved (as built) engineering plans. Final plats are to be reviewed by the Commission for Minor Subdivisions, and the Town Council for Major Subdivisions.
(Ordinance 130 adopted 6/5/00; Ordinance 217-9-2009, secs. 2, 3, adopted 9/14/09; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
CONCEPT PLAN:
A Concept Plan is not a plat and is submitted at the option of the subdivider or developer for all plats except Major Subdivision Plats. Major Subdivision Plats require a concept plan to be filed in advance of a Major Subdivison Plat by not less than 45 days. Discussion of a concept plan that includes discussion of zoning requirements is held under the terms of the Comprehensive Zoning Ordinance of the Town, rather than the subdivision ordinance.
The concept plan is used for discussion purposes between the subdivider/developer and the Planning & Zoning Commission, and is intended to discuss development problems raised by the subdivider/developer prior to their submitting zoning or plat requests.
1. 
The applicant is responsible to identify any existing conditions which may affect the proposed subdivision, such as existing or proposed streets, adjacent subdivision or properties, floodplain and drainage, sewage, fire protection, reservation of land, and similar matters. The applicant will need to identify the proper agencies if services are not provided by the Town. An example is water and sanitary sewer services provided by Lake Cities Municipal Water Authority.
2. 
The Concept Plan may be drawn to a convenient scale on a sheet not larger than twenty-four inches by thirty-six inches (24" x 36") and shall show the following:
a) 
Name of Subdivision.
(1) 
Name of subdivision if property is within an existing subdivision.
(2) 
Proposed name if not within a previously platted subdivision. No name shall be a duplication, either in part or in whole or be similar in spelling or pronunciation to the name of any other subdivision within the Town or within any distance outside the Town, which might result in confusion to operators of emergency vehicles. The name of the subdivider may be incorporated in the subdivision names. Whenever possible the names shall be in keeping with the geographical location, the natural features, and/or the historical significance of the area. Final acceptance and approval of the subdivision name shall be by the Town Council.
(3) 
Name of property if no subdivision name has been chosen.
b) 
Ownership:
(1) 
Name and address, including telephone number, of legal owner or agent of property. A notarized statement from the owner, authorizing the applicant to submit a concept plan and/or preliminary and/or final plat on the property.
(2) 
Name and address, including telephone number, of the applicant if different from the owner.
c) 
Description:
Location of property by metes and bounds description, with survey. Or, if within an existing subdivision, by lot and block.
d) 
Features:
(1) 
Location of property lines, existing easements, right-of-way, watercourses, and existing wooded areas; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract.
(2) 
Location of significant existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildings on or immediately adjacent to the site and utility rights-of-way.
(3) 
Approximate topography suitable to understand general drainage patterns. This may be obtained from previous topographic maps.
(4) 
The approximate location and proposed width of all proposed street right-of-way.
(5) 
Preliminary concept for connection with existing water and sewer system and preliminary concept for collecting and discharging surface water drainage.
(6) 
The approximate location, dimensions, and area of all parcels of land to be set aside for park or other public use, or for common use of property owners in the proposed subdivision.
(7) 
The location of temporary stakes to enable the Town to find and appraise features of the Concept Plan in the field if other landmarks are not present.
(8) 
Whenever the Concept Plan covers only a part of an applicant’s contiguous holdings, the applicant shall submit a sketch of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.
(9) 
A vicinity map showing streets and other general development of the surrounding area. The Concept Plan shall show all zoning district boundaries within or adjacent to the tract if proposed to be changed from current boundaries.
(10) 
The applicant should check with staff as to the current policy for document submission.
B. 
PRELIMINARY PLAT:
The preliminary plat is a formal document showing the detailed plat of the subdivision presented with required accompanying studies to the Planning and Zoning Commission for approval. A preliminary plat is required for all Major Subdivisions.
1. 
Applicant Procedure:
See section 4.1.1.
2. 
Form and Content of Preliminary Plat:
The preliminary plat will be of the form and content as described and will contain as a minimum but not be limited to the following:
a) 
The preliminary plat shall be drawn to a minimum scale of 100 feet to 1 inch by a licensed surveyor on sheets of 18 x 24 inches, unless otherwise approved by the Town. Whenever the size of the subdivision is such that a full area cannot be covered on a single sheet with space for titles and other required identifications, the plans shall be drawn on separate sheets with matching lines to facilitate joining them together as a continuous composite plat. If more than one sheet is necessary, a photographic reduction of the combined sheets to show the entire subdivision shall be prepared on an 18 x 24 inch sheet.
b) 
Name and address of the subdivider, owner of record and surveyor.
c) 
The signature of the owner on the preliminary plat, or a notarized statement from the owner, authorizing the applicant to submit a preliminary plat on the property.
d) 
Proposed name under which the subdivision is to be recorded. All subdivisions shall be named and the name approved by the Town before the Final Plat is submitted. No name shall be a duplication, either in part or in whole or be similar in spelling or pronunciation to the name of any other subdivision within the Town or within any distance outside the Town, which might result in confusion to operators of emergency vehicles. The name of the subdivider may be incorporated in the subdivision name. Whenever possible the name shall be in keeping with the geographical location, the natural features, and/or the historical significance of the area. Final acceptance and approval of the subdivision name shall be by the municipal authority approving the plat.
e) 
Names of contiguous subdivisions and those across adjacent streets, location of contiguous lots, and the name and address of owners of contiguous parcels of land and indication of whether contiguous properties are platted and filed of record.
f) 
The location of existing blocks, lots, building lines, watercourses, ravines, bridges, culverts, present structures and any pertinent natural features in the area affected, with principal dimensions and all significant information in regard to property immediately adjacent on all sides. Lot markers shall be iron pins not less than one-half inch (1/2") in diameter and no less than eighteen inches (18") long and shall be set flush with the ground at each lot corner. Block corners shall be set prior to construction of public facilities and all lot corners shall be set prior to the issuance of any building permits. Elevation benchmarks shall be set as required by the Town Engineer.
g) 
Other conditions adjacent to the tract affecting design of the subdivision including such information as may be available from field observation, aerial photographs and available maps.
h) 
The tract designation and other description according to the real estate records of the county.
i) 
Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred. Such primary control points shall be either a Town recorded benchmark or a USGS benchmark, if such monument is within 2,000 feet of the proposed subdivision.
j) 
A location map of the proposed subdivision showing existing and proposed streets and thoroughfares covering an area of at least one (1) mile outside the proposed subdivision.
k) 
Subdivision boundary lines of the total proposed for subdivision and the computed acreage of the total area.
l) 
Bearing and length of each boundary line shall be shown and description by metes and bounds of the subdivision perimeter shall be placed on the plat.
m) 
The location, dimensions, and name (if applicable) of all existing or recorded streets, alleys, reservations, public or private easements or other public rights-of-way within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries. All existing or recorded residential lots, parks, public areas, and permanent structures within or contiguous with the proposed subdivision shall be shown.
n) 
The location, dimensions, rights-of-way, and names of all proposed streets according to current adopted Town ordinances and policies. When curved streets are proposed, the radius of the curve shall be shown.
o) 
Each proposed street, within the subdivision area, shall be named and shall conform with names of any existing street of which they may be or become extensions. Extensions of existing streets or roads shall use the name already established. All streets shall be named and the name approved by the Town before the Final Plat is submitted. No name shall be a duplication, either in part or in whole, or be similar in spelling or pronunciation to, the name of any other street within the Town or within any distance outside the Town, which might result in confusion to operators of emergency vehicles. No street shall be named for a living person but may be named for a person of historical significance, especially within the immediate area. Whenever possible the name shall be in keeping with the geographical location, the natural features, and/or historical significance of the area. Final acceptance and approval of street names shall be by the Town Council.
p) 
Topography is required to be shown at contour intervals of not more than two feet (2').
q) 
The location of existing and proposed sewers, water and gas mains and other public utilities easements and improvements and any existing on-site sewage systems and absorption fields.
r) 
The location of any existing buildings or other structures.
s) 
The location of existing and proposed drainage structures, storm drainage easements and improvements. A copy of all design computations shall be submitted along with the plans.
t) 
The location of proposed blocks, lots and other sites within the proposed subdivision.
u) 
A number shall be used to identify each lot, site or block.
v) 
The specific size of each lot, in acres, and outside dimensions, in feet.
w) 
Front building setback lines on all lots and sites. Second front yard building setback lines at street intersection. For lots facing on curved streets the chord width of the lot at the front building setback line shall be shown.
x) 
Location of Town’s limits line and the outer border of the Town’s extraterritorial jurisdiction, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.
y) 
The date of preparation, and date of latest revision.
z) 
The boundaries and flood elevations of all areas located in flood hazard areas as determined by the FEMA maps provided by the Flood Insurance Administration.
aa) 
The location of all existing pipeline easements and information concerning the size of the pipe, type of product being transported and the pressure in the pipeline.
bb) 
The name of the registered Surveyor or Engineer responsible for preparing the plat.
cc) 
A North Point arrow and graphic scale.
dd) 
Data specifying the gross area of the subdivision, the proposed number of residential lots and area thereof, and the approximate area in parks and in other nonresidential uses.
ee) 
All land intended to be dedicated for public use or reserved in the deeds for the use of purchasers or owners of lots in the proposed subdivision together with the purpose of conditions or limitations of such dedications, if any.
ff) 
Additional requirements for Phased Development:
(1) 
The plat shall show the entire subdivision.
(2) 
The location of lots and blocks proposed for inclusion in the first section of a development.
(3) 
Proposed plans for the remainder of the subdivision.
gg) 
The following notice shall be placed on the face of each preliminary plat by the subdivider. “Preliminary Plat”
hh) 
The following certificate shall be placed on the preliminary plat by the subdivider:
“Recommended for Approval by Planning & Zoning Commission:
Chairman: _________________________________
Approved by Town Council:
Mayor: ___________________________________
Attested by:
Town Secretary: ____________________________
Date of Town Council Approval: ________________”
ii) 
All construction, grading, and drainage plans as required by the City Engineer for the construction of the public improvements, to be dedicated to the Town, such as roads, and construction plans and drawings for grading and drainage for the public, and private, improvements to be made. These engineering plans, referred to as the “construction drawings” are a critical part of the platting process, and are considered as part of and required for the preliminary and/or final plat.
3. 
Action by Town Staff, Planning & Zoning Commission and Town Council.
a) 
No Preliminary Plat or Replat shall be accepted for processing if it is determined to be administratively incomplete by the Mayor, City Administrator, or the Mayor’s designee.
b) 
The Town Engineer shall make preliminary review comments to the Planning & Zoning Commission, in addition to any made to the applicant.
c) 
No Preliminary Plat or Preliminary Replat shall be approved unless it is shown to be following those provisions of the Comprehensive Zoning Plan that apply to subdivision plats.
d) 
A Preliminary Plat or Preliminary Replat will not be accepted for processing if all or any portion of the land area encompassed within the Plat is included in or directly affected by any proposed amendment to the Comprehensive Plan, if such amendment has been set for formal presentation to the Planning and Zoning Commission or the Town Council by placement on a formal agenda.
e) 
Whenever a Preliminary Plat is submitted covering an area encompassing five (5) acres or greater, or a Preliminary Replat of an existing subdivision is submitted for consideration by the Planning and Zoning Commission, written notice of the consideration of such submission shall be mailed to the owners of all property located within two hundred feet (200') of the exterior boundaries of the Plat or Replat, exclusive of public street rights-of-way. The notice shall identify the location of the property being platted or replatted and shall specify the time and place where the Planning and Zoning Commission will formally consider action on the platting or replatting. Notice shall be given no earlier than twenty (20) days prior to such hearing and not less than ten (10) days prior to such hearing, and will be mailed to the property owner at their address as reflected in the municipal tax records. This notice requirement shall not apply to proposed Plats or Replats lying within the extraterritorial jurisdiction of the Town.
f) 
Approval of a preliminary plat by the Town Council shall be valid for a period of six (6) months from the date of approval. Failure to prepare construction plans and begin construction on a preliminary plat within six (6) months from the date of preliminary plat approval shall result in the expiration of the previous approval. Final Plat submission shall be made within one year of the approval of the Preliminary Plat, and may be extended up to six (6) months upon a majority vote of the Planning and Zoning Commission if a developer demonstrates good cause why the authorization should continue.
g) 
No construction, including grading, shall be commenced on the subdivision prior to approval and filing of the preliminary plat.
4. 
Variance:
If a variance has been granted, a statement from the Town Council which describes the modification approved, shall be filed and included on the plat.
C. 
REPLAT.
(1) 
The applicant shall file a request on a form provided by the Town to appear before the Planning and Zoning Commission. Processing of a Replat shall conform to the applicable requirements of the Texas Local Government Code, including Sections 212.013 through 212.016, as applicable. The review and approval procedure set forth below is subject to compliance with state law for the type of replat, amended plat, vacated plat, or other procedure.
D. 
FINAL PLAT.
1. 
The Mayor or designee shall cause the publication of a notice of the public hearing in the official newspaper at least 16 days prior to the hearing and mail written notice of the hearing to all property owners within the original subdivision whose lots are within 200 feet of the proposed Replat.
(a) 
Upon recommendation of approval from the Planning and Zoning Commission following the public hearing, the applicant shall submit at least six (6) revised blueline copies of the final plat for review by the Town Council. The revised bluelines shall reflect any changes required to meet conditions imposed by the Planning and Zoning Commission and all copies shall be signed by the owners and surveyor.
(b) 
Upon approval by the Commission or Town Council, the applicant shall submit two (2) mylars and six (6) blue line copies of the revised Replat, signed and suitable for filing with the County.
2. 
Final Plat Approval:
(a) 
[1]Approval of the Final Plat is required prior to any building permits for private improvements will be issued by the Town. Provision may be made for adequate security or bond to be posted for unfinished public improvements if the final plat and construction plans are otherwise approved. Bonds are generally required in 100% of the construction cost of the unfinished public improvements, for a term of two years. The Town shall approve the Plat if it complies with the requirements of the TX Local Government Code chapter 212, as applicable, and:
(1) 
it conforms to the general plan of the municipality and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
(2) 
it conforms to the general plan for the extension of the municipality and its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;
(3) 
a bond required under Section 212.0106, if applicable, is filed with the municipality; and
(4) 
it conforms to any rules adopted under Section 212.002.
[1]
Original has this Subsection as an unnumbered paragraph.
(b) 
However, the municipal authority responsible for approving plats may not approve a plat unless the plat and other documents have been prepared as required by Section 212.0105, if applicable.
3. 
Form and Content:
The final plat shall comply in all respects with the approved Preliminary Plat except as necessary to show approved “as built” conditions, a or changes approved by the Town. The applicant shall submit the Final Plat drawn by a licensed surveyor and shall include the following:
a) 
The final plat shall be drawn to a minimum scale of 100 feet to 1 inch by a licensed surveyor on sheets of 18 x 24 inches, unless otherwise approved by the Town. Whenever the size of the subdivision is such that a full area cannot be covered on a single sheet with space for titles and other required identifications, the plans shall be drawn on separate sheets with matching lines to facilitate joining them together as a continuous composite plat. If more than one sheet is necessary, a photographic reduction of the combined sheets to show the entire subdivision shall be prepared on an 18 x 24 inch sheet.
b) 
A blank 3-inch by 3-inch block shall be provided at the lower right-hand corner of each sheet for the recording stamp by the Denton County Clerk.
c) 
Name and address of the subdivider, owner of record, and surveyor.
d) 
The signature of the owner on the final plat, or a notarized statement from the owner, authorizing the applicant to submit a final plat on the property.
e) 
Proposed name under which the subdivision is to be recorded. All subdivisions shall be named and the name approved by the Town Council before the Final Plat is submitted. No name shall be a duplication, either in part or in whole or be similar in spelling or pronunciation to the name of any other subdivision within the Town or within any distance outside the Town, which might result in confusion to operators of emergency vehicles. The name of the subdivider may be incorporated in the subdivision names. Whenever possible the name shall be in keeping with the geographic location, the natural features, and/or the historical significance of the area. Final acceptance and approval of the subdivision name shall be by the Town Council.
f) 
Names of contiguous subdivisions, location of contiguous lots, and indication of whether contiguous properties are platted and filed of record.
g) 
The tract designation and other description according to the real estate records of the county.
h) 
Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred. Such primary control points shall be either a Town recorded benchmark or a USGS benchmark, if such monument is within 2,000 feet of the proposed subdivision.
i) 
A location map of the proposed subdivision showing existing and proposed streets and thoroughfares covering an area of at least one (1) mile outside the proposed subdivision.
j) 
Subdivision boundary lines of the total area proposed for subdivision and the computed acreage of the total area.
k) 
Bearing and length of each boundary line shall be shown and description by metes and bounds of the subdivision perimeter shall be placed on the plat.
l) 
The location, dimensions, and name (if applicable) of all existing or recorded streets, alleys, reservations, public or private easements or other public rights-of-way within the proposed subdivision, intersecting or contiguous with its boundaries or forming such boundaries. All existing or recorded residential lots, parks, public areas, and permanent structures within or contiguous with the proposed subdivision shall be shown.
m) 
The location, dimensions, rights-of-way, and names, of all proposed streets according to current adopted Town policies. When curved streets are proposed, the radius of the curve shall be shown.
n) 
Each proposed street, within the subdivision area, shall be named and shall conform with names of any existing street of which they may be or become extensions. Extensions of existing streets or roads shall use the name already established. All streets shall be named and the name approved by the Town before the Final Plat is submitted. No name shall be duplication, either in part or in whole, or be similar in spelling or pronunciation to, the name of any other street within the Town or within any distance outside the Town, which might result in confusion to operators of emergency vehicles. No street shall be named for a living person, but may be named for a person of historical significance, especially within the immediate area. Whenever possible the name shall be in keeping with the geographical location, the natural features, and/or the historical significance of the area. Final acceptance and approval of street names shall be by the Town Council.
o) 
The location of existing and proposed public utilities easements and improvements.
p) 
The location of existing and proposed drainage structures, storm drainage easements and improvements.
q) 
The location of proposed blocks, lots, and other sites within the proposed subdivision.
r) 
A number shall be used to identify each lot, site or block.
s) 
The specific size of each lot, in acres, and outside dimensions, in feet.
t) 
Front building setback lines on all lots and sites. Second front yard building setback lines at street intersection. For lots facing on curved streets the chord width of the lot at the front building setback line shall be shown.
u) 
Location of Town limits line and the outer border of the Town’s extraterritorial jurisdiction, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.
v) 
The date of preparation, and date of latest revision.
w) 
The location of all existing pipeline easements and information concerning the size of pipe, type of product being transported and the pressure in the pipeline.
x) 
The name of the registered Surveyor or Engineer responsible for preparing the plat.
y) 
A list of the proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided.
z) 
A North Point arrow.
aa) 
Data specifying the gross area of the subdivision, the proposed number of residential lots and area thereof, and the area in parks and in other nonresidential uses.
bb) 
All land intended to be dedicated for public use or reserved in the deeds for the use of purchasers or owners of lots in the proposed subdivision, together with the purpose of conditions or limitations of such dedications, if any.
cc) 
The following certificate shall be placed on the final plat by the subdivider:
“Recommended for Approval by Planning and Zoning Commission:
Chairman: __________________________________
Approved by Town Council:
Mayor: ___________________________________
Attested by:
Town Secretary: ____________________________
Date of Town Council Approval: ________________”
dd) 
“FINAL PLAT” Designation listed on face of all copies.
ee) 
Metes and bounds description including total acreage according to County Deed Records.
ff) 
For a phased development the dedication shall be only for the section approved. A statement signed and acknowledged by the owner dedicating all street, alleys, easements, parks and other open spaces to public use, and the developer’s certification that all parties with any interest in the title to the subject property have joined in such dedication, duly executed, acknowledged and sworn to by said developer before a Notary Public. When applicable, an agreement showing the subdivider has made provision for perpetual maintenance thereof to the inhabitants of the subdivision should be shown or referenced on the fact of the Plat. An example of such a dedication instrument would read as follows:
STATE OF TEXAS
COUNTY OF DENTON
OWNER’S ACKNOWLEDGEMENT AND DEDICATION
I (we), the undersigned, owner(s) of the land shown on this plat within the area described by metes and bounds as follows:
(Metes and Bounds Description of Boundary)
are designated herein as the __________ subdivision to the Town of Shady Shores, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, watercourses, drains, easements, rights-of-way and public places thereon shown for the purpose and consideration therein expressed
____________________________
Owner
Date:________________________
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally appeared __________, known to be the person whose name is subscribed to the foregoing instruments, and acknowledged to me that he executed the same for the purposes and considerations therein stated.
Given under my hand and seal of office this _____ day of __________ 20__
____________________________
Notary Public
______________________ County
gg) 
A notation on the Plat indicating that “Any public utility, including the Town of Shady Shores, shall have the right to move and keep moved all or part of any buildings, fences, trees, shrubs, other growths, or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of the easements shown on the Plat. Any public utility, including the Town of Shady Shores, shall have the right at all times of ingress and egress to and from and upon said easements for the purposes of constructing, reconstructing, inspection, patrol, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.”
hh) 
Certificate, including the original seal and the original signature of the surveyor responsible for surveying the subdivision area.
STATE OF TEXAS
COUNTY OF DENTON
CERTIFICATE OF SURVEYOR
I, the undersigned, a (public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.
(Surveyor’s Seal)
____________________________
Registered Public Surveyor
Date: __________
 
ii) 
Deed restrictions for the subdivision shall be shown on the plat or on 8-1/2 x 11 inch paper attached as a supplement to the plat.
jj) 
A statement on the face of the final plat requiring the lot owners to connect to a sewage collection system when made available.
kk) 
Five sets of Engineering Plans and Specifications where applicable.
(Ordinance 130 adopted 6/5/00; Ordinance 217-9-2009, sec. 4, adopted 9/14/09; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
A recorded plat may be vacated in accordance with the procedures and requirements set forth in Section 212.013 of the Local Government Code.
B. 
(a) 
An amended plat may be filed in accordance with the procedures and requirements set forth in Section 212.016 of the Local Government Code. The Planning and Zoning Commission may approve and issue an amending plat, which may be recorded and controlling over the preceding plat without vacation of that plat and without notice and hearing, if the amending plat is signed and acknowledged by the owners of the property being replatted and is solely for one or more of the following purposes:
1. 
to correct an error in any 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 which 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 plat, 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:
a) 
both lot owners join in the application for amending the plat;
b) 
neither lot is abolished;
c) 
the amendment does not attempt to remove recorded covenants or restrictions; and
d) 
the amendment does not have a materially adverse effect on the property rights of the other owners in the plat;
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 or more lot lines between one or more adjacent lots 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; and
c) 
the amendment does not increase the number of lots; or
10. 
to make necessary changes to the preceding plat to create six 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 Planning and Zoning Commission or Town Council has approved, after a public hearing, as a residential improvement area, or
11. 
To replat one 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.
(b) 
Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.
C. 
Process requirements for an Amended Plat.
1. 
An Administratively Complete application for the amending plat shall be filed with the Town
2. 
The appropriate filing fee as set forth in the Fee Schedule shall be paid at the time of application.
3. 
Amended plats should meet the same requirements set forth in the Ordinance as for Major or Minor, as determined by the size and characteristics of the subdivision prior to the amendment.
4. 
Administrative approval for replats or plats to be vacated meeting the criteria above in this section 4.5 shall be reviewed and may be approved administratively, unless referred by Town staff to the Planning and Zoning commission. If referred, The Planning and Zoning Commission would review the application, and may approve, conditionally approve or disapprove any amended plat or plat to be vacated request in accordance with the procedures for plat approval set forth in this article.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
MUNICIPALITY COVERED BY SUBCHAPTER.
The Town has chosen by this ordinance to be covered by Subchapter B. of Chapter 212 of the Texas Local Government Code.
B. 
APPLICATION OF SUBCHAPTER A.
The provisions of Subchapter A of Chapter 212 that do not conflict with Subchapter B apply to development plats.
C. 
DEFINITIONS.
In this section:
1. 
“Development”
means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement.
A development plat is not required for an enlargement to a single-family residence of less than twenty-five percent (25%) of the floor area of the residence or for the addition of an approved accessory building unless: (i) the property is in an area of known development needs, such as traffic or drainage that could be improved through the plat process. Or (ii) a variance is being requested to either the Zoning Ordinance or this Subdivision Ordinance[.]
2. 
“Extraterritorial jurisdiction”
means a municipality’s extraterritorial jurisdiction.
D. 
PLANS, RULES, AND ORDINANCES.
The Town has chosen to adopt general plans, rules, or ordinances governing development plats of land within the limits and in the extraterritorial jurisdiction of the municipality to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality. Unless in conflict with the specific provisions of this ordinance, those are the same as set forth above for subdivision plats.
E. 
DEVELOPMENT PLAT REQUIRED.
1. 
Any person who proposes the development of a tract of land located within the limits or in the extraterritorial jurisdiction of the Town must have a development plat of the tract prepared in accordance with this subchapter and the applicable plans, rules, or ordinances of the Town.
2. 
A development plat must be prepared by a registered professional land surveyor as a boundary survey showing:
a) 
each existing or proposed building, structure, or improvement or proposed modification of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
b) 
each easement and right-of-way within or abutting the boundary of the surveyed property; and
c) 
the dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.
3. 
New development may not begin on the property until the development plat is filed with and approved by the Town in accordance with Section 212.047 Tx Loc. Govt. Code.
4. 
If a person is required under Subchapter A or an ordinance of the Town to file a subdivision plat, a development plat is not required in addition to the subdivision plat. A Development Plat will apply to a single tract of land which is not a part of a subdivision, is not being subdivided, and is to be developed.
F. 
RESTRICTION ON ISSUANCE OF BUILDING AND OTHER PERMITS BY MUNICIPALITY, COUNTY, OR OFFICIAL OF OTHER GOVERNMENTAL ENTITY.
The municipality, a county, or an official of another governmental entity may not issue a building permit or any other type of permit for development on lots or tracts subject to this subchapter until a development plat is filed with and approved by the municipality in accordance with Tx Loc. Govt. Code Section 212.047 and this ordinance.
G. 
APPROVAL OF DEVELOPMENT PLAT.
The municipality shall endorse approval on a development plat filed with it if the plat conforms to:
1. 
the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities;
2. 
the general plans, rules, and ordinances for the extension of the municipality or the extension, improvement, or widening of its roads, streets, and public highways within the municipality and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
3. 
Any general plans, rules, or ordinances adopted under Tx Loc. Govt. Code Section 212.044.
H. 
EFFECT OF APPROVAL ON DEDICATION.
The approval of a development plat is not considered an acceptance of any proposed dedication for public use or use by persons other than the owner of the property covered by the plat and does not impose on the Town any duty regarding the maintenance or improvement of any purportedly dedicated parts until the Town’s governing body makes an actual appropriation of the dedicated parts by formal acceptance, entry, use, or improvement.
I. 
BUILDING PERMITS IN EXTRATERRITORIAL JURISDICTION.
This Subchapter B. does not authorize the Town to require municipal building permits or otherwise enforce the Town’s building code in its extraterritorial jurisdiction. Other state law should be reviewed for that authority.
J. 
ENFORCEMENT; PENALTY.
1. 
If it appears that a violation or threat of a violation of this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter exists, the Town is entitled to appropriate injunctive relief against the person who committed, is committing, or is threatening to commit the violation.
2. 
A suit for injunctive relief may be brought in the county in which the defendant resides, the county in which the violation or threat of violation occurs, or any county in which the Town is wholly or partly located.
3. 
In a suit to enjoin a violation or threat of a violation of a plan, rule, ordinance, or other order adopted under this subchapter, the court may grant the Town any prohibitory or mandatory injunction warranted by the facts including a temporary restraining order, temporary injunction, or permanent injunction.
4. 
A person commits an offense if the person violates this subchapter or a plan, rule, or ordinance adopted under this subchapter or consistent with this subchapter within the limits of the municipality. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.
5. 
A suit under this section shall be given precedence over all other cases of a different nature on the docket of the trial or appellate court.
6. 
It is no defense to a criminal or civil suit under this section that an agency of government other than the Town issued a license or permit authorizing the construction, repair, or alteration of any building, structure, or improvement. It also is no defense that the defendant had no knowledge of this subchapter or of an applicable plan, rule, or ordinance.
(Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
SIGNING OF PLAT.
1. 
All copies of the approved Final Plat must have all required signatures prior to filing.
2. 
If Public Improvements are to be installed and a surety required, the Chairman of the Planning and Zoning Commission and the Mayor shall endorse approval only after the Subdivider’s Agreement has been approved by the Town Council, and all fees have been paid.
3. 
The signature of the Chairman of the Planning and Zoning Commission and the Mayor indicate approval of the platting of the land, not the improvements to be placed thereon.
B. 
RECORDING OF PLAT.
1. 
It shall be the responsibility of the Town Secretary or her designee to file the plat with the County Clerk’s office. All filing fees are to be paid in advance of filing by the applicant.
2. 
A copy of the approved plat with all signatures shall be returned to the applicant. Additional copies can be provided upon prior arrangement with the Town.
3. 
Approval by lapse of the 30 day limit is not approval of the required grading, drainage, and/or construction plans for the subdivision. Before the construction of water, sewer, street or drainage improvements may commence, the Subdivider shall furnish the Town with six (6) sets of the completed plans and specifications for review and approval of the Town Engineer, and any other related entity, including the Lake Cities Municipal Utility District. Construction may begin only on approval of the plans.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, or otherwise which is intended to be subsequently subdivided as additional units of the same subdivision, the Preliminary Plat shall cover the entire area of common ownership or joint development, showing the tentative proposed layout of streets, block, drainage, and other improvements for such areas. Thereafter, Final Plats of subsequent units of such subdivision shall conform to such approved preliminary Plat. However, except where the subdivider agrees to such change, the Town Council may change such approved Preliminary Plan when it finds:
A. 
That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance; or
B. 
That adherence to the previously approved overall layout will be detrimental to the public health, safety, or welfare; or will be injurious to other property in the area.
If a Final Plat or any combination of Final Plats comprises ninety percent (90%) or more of the unplatted property in common ownership on the Preliminary Plat and the remaining unplatted land would be three (3) acres or less, then a Final Plat for the entire remainder of the property shall be submitted for approval.
Grading, drainage and construction plans for each phase of the subdivision must be submitted, and approved, prior to approval to proceed with public improvements for each phase.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)