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Editor's note–This chapter consists of the subdivision ordinance, Ordinance 25-016 adopted 11/10/2025. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this chapter. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as enacted and amended. Any other material added for purposes of clarification is enclosed in brackets. Prior to the replacement this ordinance derived from Ordinance 24-002 adopted 8/12/2024.
These regulations shall officially be known, cited, and referred to as the Subdivision Ordinance of the Town of Copper Canyon, Texas (the "Town") and may be cited as the "Copper Canyon Subdivision Ordinance" or the "Subdivision Ordinance."
(Ordinance 25-016 adopted 11/10/2025)
These regulations are adopted under the authority of the constitution and laws of the State of Texas, including Texas Local Government Code, chapters 42 and 212, as amended, (the "chapters").
(Ordinance 25-016 adopted 11/10/2025)
These regulations shall apply to all land and all developments within the territorial jurisdiction of the Town, except as otherwise specifically provided for in these regulations. The territorial jurisdiction of the Town shall be defined as follows:
(1) 
The area within the corporate limits of the Town; and
(2) 
The area outside the corporate limits of the Town and within the Town's Extraterritorial Jurisdiction (ETJ); and
(3) 
Any other area to which the provisions of this chapter are made applicable in accordance with and as permitted by state law.
(Ordinance 25-016 adopted 11/10/2025)
These regulations are adopted for the following specific purposes:
(1) 
Provide for the orderly, safe, and healthful development of the area within the Town and its ETJ and provide adequate public facilities;
(2) 
Promote the health, safety, and general welfare of the community;
(3) 
Establish orderly policies and procedures to guide development of the Town;
(4) 
Ensure that development of land and subdivisions shall be of such nature, shape, and location that utilization will not impair the general welfare;
(5) 
Protect against the dangers of fires, floods, erosion, landslides, or other such menaces;
(6) 
Provide proper utilities and services for adequate drainage, water supply, and disposal of sanitary waste; to furnish adequate sites, convenient to schools, parks, playgrounds, and other community services, respecting topography, and existing vegetation so that the natural beauty of the land shall be preserved;
(7) 
Coordinate new development realistically and harmoniously with existing development;
(8) 
Protect and conserve the value of land throughout the Town;
(9) 
Provide the most beneficial circulation of vehicle and pedestrian traffic throughout the Town, and to provide for the proper location and width of streets;
(10) 
Establish reasonable standards of design and procedures for the development and redevelopment, provide for the orderly layout and use of land;
(11) 
Ensure proper legal descriptions and documentation of subdivided land;
(12) 
Establish adequate and accurate records of land subdivision;
(13) 
Ensure public facilities with sufficient capacity to serve the proposed subdivision are available for every building site, and to provide public facilities for future development;
(14) 
Encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community;
(15) 
Ensure that new development adequately and fairly participates in the dedication and construction of Public Improvements and infrastructure that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible; and
(16) 
Address other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe, and efficient community that provides for the conservation, enhancement, and protection of its human and natural resources.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
General.
It is declared to be the policy of the Town to consider the subdivision and development of land, as subject to the control of the Town, in order to carry out the purpose of the Town's Master Plan and to promote the orderly, planned, efficient and economical development of the Town.
(b) 
Subdivision and development of land policies.
(1) 
Land shall not be subdivided or developed until proper provision has been made for drainage, water, wastewater, transportation, and other facilities required by these regulations, the Town's Engineering Design Standards (EDS) and the Town's Zoning Ordinance.
(2) 
All public and private facilities and improvements shall be of at least the capacity necessary to adequately serve the development and shall conform to and be properly designed in accordance with the Master Plan of the Town.
(3) 
These regulations shall supplement and facilitate the enforcement of provisions and standards contained in the Town's Zoning Ordinance (Exhibit 14A) and the building codes adopted by the Town (article 3.02).
(c) 
Requirement to plat.
Platting is required for the following purposes:
(1) 
When the owner of a tract of land located within the Town's limits or in the Town's ETJ divides the tract in two or more parts to lay out a subdivision of the tract, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to the public; or
(2) 
To construct or enlarge any exterior dimension of any building, structure, or improvement on land without an existing plat on nonresidential land; or
(3) 
To construct or enlarge any exterior dimension of any building, structure, or improvement on land without an existing plat on residential land.
(d) 
Exemptions from platting.
The following activities shall be exempt from platting:
(1) 
A division of land into parts greater than five acres in which no Public Improvement, including right-of-way, easement, or physical improvement of any kind intended for public use is proposed or required under this chapter, in accordance with Texas Local Government Code, section 212.004.
(2) 
Development of land legally platted and approved prior to the effective date of this Subdivision Ordinance, except as otherwise provided for herein (construction of facilities shall conform to construction standards in effect at the time of construction) and for which no re-subdivision is sought; or
(3) 
Development of a lot of record for which a legally approved and recorded plat was filed of record in the Plat Records of Denton County, Texas prior to July 1973; or
(4) 
Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, subdivision or alteration is occurring; or
(5) 
Existing cemeteries complying with all state and local laws and regulations (does not apply to new cemeteries or expansion of existing cemeteries); or
(6) 
Divisions of land created by order of a court of competent jurisdiction.
(e) 
Building permits.
Building permits shall not be issued for parcels without the appropriate documentation.
(1) 
In order for the Town to issue a building permit on a subdivided lot, the plat must be approved and recorded with the county. A survey and copy of the recorded plat of the tract shall be submitted to the Town and needs to be approved by Town Staff prior to the issuance of any permit in conjunction with a building permit application.
(2) 
Exceptions*:
(A) 
Building permit may be issued for a structure on unplatted property [,] if
(B) 
The proposed construction complies with all development regulations, and the applicant must submit, along with the permit application, a survey completed by a licensed surveyor showing all applicable zoning setbacks, easements, and parcel boundaries, including the legal description of the unplatted parcel.
*Regardless of exception qualification for platting requirements all required building permit regulations apply to all proposed Improvements with the Town of Copper Canyon. See chapter 3, Building Regulations.
(Ordinance 25-016 adopted 11/10/2025)
In addition to all other remedies and relief available to the Town at law or in equity for a violation of this Subdivision Ordinance, the following nonexclusive forms of relief shall be available to the Town:
(1) 
Misrepresentation of facts.
It shall be unlawful for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Subdivision Ordinance on any application for annexation, zoning, development, or subdivision of property. Misrepresentation, or deliberate omission, of facts pertaining to the land study or plat shall constitute grounds for denial of the land study/plat.
(2) 
Penalties and exceptions.
If any applicant for a hearing, or any owner of property subject to a hearing, shall allow such hearing before the Commission and/or the Town Council to be heard in violation of any of the provisions of the Subdivision Ordinance, such person shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty as per subsection (3).
(3) 
Violations and penalties.
Any person who violates any of these regulations relative to land within the corporate boundaries of the Town shall be subject to a fine of not more than five hundred dollars ($500.00) per calendar day, with each day constituting a separate violation, pursuant to the Texas Local Government Code, chapter 54, as amended.
(4) 
Civil enforcement.
Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, to restrain, correct or abate a violation of these regulations, whether such violation occurs with respect to lands within the corporate boundaries of the Town or within the Town's ETJ. These remedies shall be in addition to the penalties described in Subsection (3).
(5) 
Withholding of subdivision acceptance.
Pursuant to the provisions of this Subdivision Ordinance, the Town may refuse to grant final acceptance of a subdivision following public improvement construction that does not fully and completely comply with all terms and conditions of this Subdivision Ordinance including, but not limited to, the refusal to issue building permits and certificates of occupancy.
(Ordinance 25-016 adopted 11/10/2025)
Any owner, developer, or subdivider of any lot, tract, or parcel of land within the jurisdiction of the Town as provided in section 10.01.003 that wishes to subdivide such land shall conform to the following procedure.
(1) 
General overview of the platting process:
(A) 
Pre-application meeting.
(B) 
Preliminary plat submittal and approval.
(C) 
Final plat and construction plan submittal.
(D) 
Approval of final plat and construction plans (concurrent approval).
(E) 
Construction of public improvements/private improvements.
(F) 
Final inspection and submission of final acceptance documents as required by Town Staff.
(G) 
Town acceptance of improvements.
(H) 
Signatures and filing of the final plat in the plat records of Denton County, Texas.
(2) 
Building permits issued and lots sold or transferred:
(3) 
Town Staff shall maintain the Town's Development Calendar that provides for one or more Official Application Days per month when plat applications may be submitted and resubmitted to the Town Staff for review. The Development Calendar shall be publicly available on the Town's official website and may be changed at the sole discretion of the Town Staff.
(4) 
Town Staff shall have the authority to review and approve Minor Plats and Amended Plats.
(5) 
The Commission shall have the authority to review and to recommend to the Town Council the approval, approval with conditions, or disapproval of Preliminary Plats, Final Plats and Replats.
(A) 
The Commission shall act on a plat within 30 calendar days after the Official Submission Date. A filed plat is deemed to be approved by the Commission unless it is disapproved within that period.
(B) 
The Town Council shall act on a plat within 30 calendar days after the date the plat is recommended to the Town Council for a decision by the Commission accounting for delays for holidays in the calendar. A plat is deemed to approved by the Town Council unless it is disapproved within that period. See section 10.02.003(d) for timeline extensions.
(C) 
When a plat is approved or deemed to be approved by the Commission or the Town Council, the plat must be certified and signed by each authority's presiding officer and attested by the Town Secretary.
(Ordinance 25-016 adopted 11/10/2025)
In order that land may be subdivided in accordance with these purposes and policies, this Subdivision Ordinance is hereby adopted and made effective as of November 10, 2025 (effective date).
(Ordinance 25-016 adopted 11/10/2025)
In their interpretation and application, the provisions of this Subdivision Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare and shall be construed broadly to promote the purposes for which it has been adopted.
(1) 
Public provisions.
This Subdivision Ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in this Subdivision Ordinance. Where any provision of this Subdivision Ordinance imposes restrictions different from those imposed by any other provision of this Subdivision Ordinance or any other ordinance, rule or regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control in the sole determination of the Town Staff.
(2) 
Private provisions.
This Subdivision Ordinance is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this Subdivision Ordinance are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this Subdivision Ordinance shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of this Subdivision Ordinance, or the determinations of the Commission or the Town Council in approving a subdivision or in enforcing this Subdivision Ordinance, and the private provisions are not inconsistent with these regulations or the determinations made under these regulations, then the private provisions shall be operative and supplemental to this Subdivision Ordinance and the determinations made thereunder.
(Ordinance 25-016 adopted 11/10/2025)