1994-150j:\wpdocs\ord\landdevl.reg
ORDINANCE NO. j_1 J V
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECTIONS 34-1
THROUGH 34-98 OF CHAPTER 34 OF THE CODE OF ORDINANCES ("SUBDIVISION
AND LAND DEVELOPMENT") BY ADOPTING NEW SECTIONS 34-1 THROUGH 34-46;
BY AMENDING SECTION 34-114, SUBSECTIONS (9) AND (17) AND REPEALING
SECTION 34-127 REGARDING THE APPROVAL OF MINOR PLATS BY THE
DEVELOPMENT REVIEW COMMITTEE; THE GRANTING OF VARIANCES BY THE
PLANNING AND ZONING COMMISSION AND WAIVER OF DEVELOPMENTAL
EXACTIONS BY THE CITY COUNCIL; DENYING APPROVAL OF CONNECTION TO
UTILITY SERVICES UNTIL APPROPRIATE CERTIFICATES HAVE BEEN OBTAINED;
DEFINING TERMS CONTAINED IN THE ORDINANCE; PROVIDING PROCEDURES FOR
APPROVAL OF GENERAL DEVELOPMENT AND CONSTRUCTION PLANS AND
PRELIMINARY AND FINAL PLATS; REQUIRING APPROVAL OF PLATS AND
CONSTRUCTION PLANS FOR PUBLIC IMPROVEMENTS PRIOR TO DEVELOPMENT OF
LAND; PROVIDING A SIMPLIFIED PLAT PROCESS; ADOPTING GUIDELINES FOR
VACATING A PLAT, REPLATTING WITHOUT VACATING A PRECEDING PLAT AND
AMENDING A PLAT; PROVIDING FOR GOVERNMENT-INITIATED PLAT VACATION;
PROVIDING FOR PROCEDURES FOR CONVEYANCE PLATS; PROVIDING FOR
ADOPTION OF COVERAGE UNDER TEX. LOC. GOVT CODE ANN. §212.041
RELATING TO DEVELOPMENT PLATS; PROVIDING AN ANNEXATION POLICY;
PROVIDING DEVELOPMENTAL STANDARDS IN THE EXTRATERRITORIAL JURISDIC-
TION; PROVIDING REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVE-
MENTS; PROVIDING AN AMENDMENT TO APPENDIX A-7 RELATING TO DISTANCE
SPACING BETWEEN INTERSECTING STREETS AND PROVIDING A METHOD TO
DELAY SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A MAXIMUM PENALTY OF $500.00 FOR VIOLATIONS THEREOF;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to establish requirements more easily
understandable to citizen and developer alike, relating to
processing plans and plats and issuance of permits and certifi-
cates, and more equitable in their application; and
WHEREAS, the Planning and Zoning Commission held a public
hearing to consider these proposed amendments to the Subdivision
and Land Development ordinance on June 22, 1994, and recommends ap-
proval of these amendments to the City Council; and
WHEREAS, the City Council of the City of Denton has held a
public hearing to consider the adoption of this ordinance; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I. That Chapter 34 of the Code of ordinances relating
to "Subdivision and Land Development" is hereby amended by repeal-
ing Sections 34-1 through 34-98 and adopting new Sections 34-1
through 34-46, so that hereafter the same shall read as follows:
CHAPTER 34. SUBDIVISION AND LAND DEVELOPMENT REGULATIONS
ARTICLE I. GENERAL PROVISIONS
Sec. 34-1. Authority.
This chapter is adopted under the authority of the constitution
and laws of the State of Texas, including Chapters 42, 43 and 212
of the Local Government Code, as amended.
Sea. 34-2. Purpose.
This chapter is adopted for the following purposes:
(a) To protect and promote the public health, safety, and gen-
eral welfare of the community.
(b) To guide and plan for the future growth and development of
the city by providing for the orderly development of land and
for the extension of streets, utilities, and other public
improvements and facilities in accordance with the city's
master plans.
(c) To insure that all developments provide for the streets,
sidewalks, drainage facilities, water and sewer facilities and
other public and private improvements and facilities which are
adequate and necessary to serve the development.
Sec. 34-3. Jurisdiction.
This chapter shall apply to all land and all developments
within the territorial jurisdiction of the City of Denton, except
as otherwise specifically provided for in this chapter. The
territorial jurisdiction of the city shall be defined as follows:
(a) The area within the corporate limits of the City of
Denton;
(b) The area within the extraterritorial jurisdiction of the
City of Denton as described in Section 34-38; and
(c) Any other area to which the provisions of this chapter are
made applicable in accordance with and as permitted by state
law.
Sec. 34-4. Application of chapter.
(a) Land included. Except where otherwise specifically pro-
vided for in this chapter, all the provisions of this chapter
shall apply to the following lands located within the territo-
rial jurisdiction of the city:
PAGE 2
(1) Any tract of land which has not been recorded by
plat in the plat records of Denton County, Texas, and
which has been sold, leased, or otherwise subdivided or
partitioned from another tract of land and which is in-
tended or proposed to be used for the purpose of develop-
ment.
(2) Any tract of land which has been recorded as a lot
or block by plat in the plat records of Denton County,
Texas, prior to and upon which no development has been
constructed or placed prior to the effective date of this
ordinance.
(3) The division of any previously platted lot into two
or more parts.
(4) The removal of one (1) or more lot lines of any
platted lot so as to permit the combining of two (2) or
more contiguous platted lots into one (1) or more new
lots.
(5) Residential development of not more than two dwell-
ing units on a single parcel, tract, or lot which is
adjacent to a public street where extension or improve-
ment of street, utility, or drainage facilities are not
required to support the residential dwelling units shall
be required to plat, but no exactions (except for
dedication of prescriptive easements or rights-of-way
already existing) shall be required (e.g. construction of
sidewalks, or dedication of easements or rights-of-way
where prescriptive easements or rights-of-way do not
exist). For purposes of this section, the building
setback requirement shall not be considered an exaction.
Sea. 34-5. Administration.
(a) Planning and development department. In the administra-
tion of this chapter, the planning and development department
shall have the responsibility to receive and distribute all
submitted applications and documents to the appropriate
departments, coordinate the review and approval procedures
among the departments and the development review committee and
forward all required applications, recommendations, plans,
plats, documents or other information to the commission or
council for any required action thereon.
(b) Development review committee.
(1) A development review committee is established to
provide a coordinated and centralized technical review
process for all developments required to comply with the
requirements of this chapter. The members of the commit-
PAGE 3
tee shall be composed of persons from various city
departments which have an interest in the development
review and approval process, as designated by the city
manager. The city manager shall provide a chairperson
who shall be responsible for establishing and coordi-
nating committee procedures.
(2) The committee shall be responsible for making deter-
minations on the application and interpretation of guide-
lines, standards and requirements of this chapter. The
committee may require the applicant to submit additional
information not otherwise specifically required by this
chapter, which is reasonably necessary to review and de-
termine whether the proposed development and required
facilities meet the requirements of this chapter. The
chairperson of this committee may approve but not disap-
prove minor plats as allowed under TEX. LOC. GOVT CODE
ANN. §212.0065 (Vernon Supp. 1994), as amended, for plats
(1) for which variances or waiver of exactions have not
been requested and (2) which have been reviewed by the
engineering department and found (based on a traffic
generation study utilizing the Institute of Transporta-
tion Engineers Guidelines) to project an average daily
vehicular traffic (ADT) count of less than 2,500; and (3)
do not require utility or road extensions.
(c) Planning and zoning commission.
(1) The planning and zoning commission shall have final
authority for the determination, application, and
interpretation of the guidelines, standards and require-
ments of this chapter, except where the chapter specifi-
cally provides otherwise. Any person aggrieved by the
determination, interpretation, or application of any
provision of this chapter made by the department or
committee, may appeal the interpretation or application
to the commission for its final decision.
(2) Upon the written request to the department by any
owner of land, a public utility, or the city council, the
commission shall make a determination of whether a plat
for a particular tract of land is required to be sub-
mitted and approved in accordance with this chapter, and,
if such plat is required, whether it has been reviewed
and approved by the commission, as authorized by TEX.
LOC. GOVT CODE ANN. §212.0115 (Vernon Supp. 1994).
Sec. 34-6. variances and modifications.
(a) General. Where the commission finds that unreasonable
hardships or difficulties may result from strict compliance
with these regulations or the purposes of these regulations may
PAGE 4
be served to a greater extent by an alternative proposal, it
may approve variances to these subdivision regulations so that
substantial justice may be done and the public interest
secured; provided that the variance shall not have the effect
of nullifying the intent and purpose of these regulations; and
further provided the commission shall not approve variances
unless it shall make findings based upon the evidence presented
to it in each specific case that:
(1) The granting of the variance will not be detrimental
to the public safety, health, or welfare or injurious to
other property;
(2) The conditions upon which the request for a variance
is based are unique to the property for which the
variance is sought and are not applicable generally to
other property;
(3) Because of the particular physical surroundings,
shape or topographical conditions of the specific
property involved, a particular hardship to the owner
would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out;
(4) The variance will not in any manner vary the
provisions of the Zoning Ordinance, Denton Development
Plan, Master Plan or Studies, except that those documents
may be amended in the manner prescribed by law; and
(5) The special or peculiar conditions upon which the
request is based did not result from or were not created
by the owner's or any prior owner's action or omission.
(b) Criteria for variances from development exactions. Where
the commission finds that the imposition of any development
exaction pursuant to these regulations exceeds any reasonable
benefit to the property owner or is so excessive as to consti-
tute confiscation of the tract to be platted, it may recommend
approval of variances to waive such exactions, so as to prevent
such excess, to the city council. Waiver of developmental
exactions shall be approved by the city council.
(c) Conditions. In approving variances, the commission may
require such conditions as will, in its judgment, secure
substantially the purposes described in Section 34-2.
(d) Procedures. The applicant shall submit a petition for a
variance in writing no less than two weeks prior to the time
when the conveyance plat, development plat, preliminary plat or
final plat is to be considered by the commission. The petition
shall state fully the grounds for the variance and all of the
facts relied upon by the petitioner.
PAGE 5
Sec. 34-7. Compliance and enforcement.
(a) It shall be unlawful for any person to begin, continue, or
complete any development on any land within the territorial
jurisdiction of the city to which the provisions of this
chapter applies, except in accordance with and upon compliance
with the provisions of this chapter.
(b) The city shall not issue a building permit or certificate
of occupancy required by any ordinance of the city for any land
located within the corporate limits to which this chapter
applies, until and unless there is compliance with this
chapter.
(c) The city shall not provide or connect city water, sewer,
or electrical to any property to which the provisions of this
chapter applies, unless and until there is compliance with the
provisions of this chapter.
Sec. 34-8. Approval of plat required.
(a) Prior to the subdivision, resubdivision, development of
any land within the City of Denton, and its territorial
jurisdiction, all plans, plats, and construction plans for
public improvements shall first be approved in accordance with
these regulations except as follows:
(1) The division of land into two or more parts, other
than for purposes of development, if the smallest result-
ing parcels, tract or site is 40 acres or larger in size.
(2) Development on a single tract which was subdivided
prior to January 1, 1960, and for which extension of
streets or public improvements are not required to
support the proposed development.
(3) Construction of additions or alterations to an
existing building where no drainage, street, utility ex-
tension or improvement, additional parking or street
access changes required to meet the standards of this
chapter are necessary to support such building addition
or alterations.
(4) Subdivision or development which is outside the
regulatory line of the extraterritorial jurisdiction ref-
erenced in Section 34-38 of this chapter which is
adjacent to a dedicated public street and for which no
utility extension is required by this chapter to support
the subdivision or development.
PAGE 6
(5) Dedication of easement or right-of-way by separate
document recordable in the County records if approved by
city.
(6) Cemeteries complying with all state and local laws
and regulations.
(7) Divisions of land created by order of a court of
competent jurisdiction.
(8) A change in ownership of a property through inheri-
tance or the probate of an estate.
(b) No land may be subdivided or platted through the use of
any legal description other than with reference to a plat
approved by the commission or the committee in accordance with
these regulations.
(c) No land described in this section shall be platted or
sold, leased, transferred or developed until the property owner
has obtained approval of the applicable general development
plan, preliminary plat, final plat, development plat, or
conveyance plat from the commission or the committee as re-
quired by these regulations.
(d) No building permit or certificate of occupancy shall be
issued for any parcel or tract of land until such property has
received final plat or development plat approval and is in
conformity with the provisions of these subdivision regula-
tions, the plat has been recorded, and no private improvements
shall take place or be commenced except in conformity with
these regulations.
(e) No person shall transfer, lease, sell or receive any part
of a parcel before a conveyance plat or final plat of such
parcel and the remaining parcel has been approved by the
commission or the committee in accordance with the provisions
of these regulations and filed with the county clerk.
(f) The platting or subdivision of any lot or any parcel of
land, by the use of metes and bounds description for the
purpose of sale, transfer, lease or development is prohibited.
Sec. 34-9. Enforcement of regulations.
(a) No improvements shall be initiated until the approval of
the city has been given. Disapproval of a final plat by the
city shall be deemed a refusal by the city to accept offered
dedications shown thereon. Approval of a final plat shall not
be deemed an acceptance of the proposed dedications and shall
not impose any duty upon the city concerning the maintenance or
improvement or any such dedicated parts until the proper
PAGE 7
authorities of the city have both given their written accep-
tance of the improvements and have actually appropriated the
same by entry, use, or improvements.
(b) The city may refuse to authorize or make utility connec-
tions on the grounds set forth in TEX. LOC. GOV'T CODE ANN.
5212.012 (Vernon 1988 & Supp. 1994), as amended.
Sec. 34-10. Fees.
The city council may, by ordinance, impose one or more fees in
an amount it determines necessary to recover the cost of adminis-
tering the provisions of this chapter.
Sec. 34-11. Definitions.
For the purpose of this chapter, the following words shall have
the following meanings:
Acreage, net means the acreage included within the boundary
line of a particular subdivision, tract, parcel, lot, etc., but
excluding all public ways.
Addition means lots, tracts or parcels of land lying within the
corporate boundaries of the city which is intended for the purpose
of development.
Alley means a public way less in size than a street, designed
for the special accommodation of the property it reaches and not
intended for general travel or primary access.
Applicant means a developer submitting an application for
development.
Build means to erect, convert, enlarge, reconstruct, restore or
alter a building or structure.
Building means any structure designed, used, or intended to be
used for human occupancy or use or to support the human occupancy
or use of land, including mobile homes.
Building line means a line established beyond which no part of
a building shall project, except as otherwise provided in the
zoning ordinance.
City means the City of Denton, Texas.
Code means the Denton Development Code.
Commission means the Planning and zoning commission.
Committee means the Development Review Committee.
PAGE 8
Conveyance Plat means an interim plat recording the subdivision
of property or defining a remainder of property created by the
approval of a final plat for a portion of property, where
approval of final development plans is not sought.
Council means the city council of the city.
TSC means Traffic Safety Commission.
Department means the Department of Planning and Development.
Developer means the legal or beneficial owner or owners of a
lot or any land proposed to be included in a proposed develop-
ment including the holder of an option or contract to purchase,
or other person having an enforceable proprietary interest in
such land.
Development means any man-made change to improved or unimproved
real estate, including but not limited to, buildings or other
structures, paving, drainage or utilities, but not agricultural
activities.
Development Plat means a plat reflecting new construction or
the enlargement of any exterior dimension of any building,
structure, or improvement on property previously final platted
or not required to be platted.
Development Exaction means any dedication of land or easements
for, construction of, or monetary contribution toward construc-
tion of a public improvement required as a condition of plat
approval by the city under these regulations.
Escrow means a deposit of cash with the city in accordance with
city ordinances.
Extraterritorial jurisdiction means the unincorporated area
outside of and contiguous to the corporate boundaries of the
city as defined and established in accordance with Chapter 42
of the Local Government Code.
Frontage means that side of a lot, parcel or tract abutting a
street right-of-way and ordinarily regarded as the frontal
orientation of the lot.
Lot means a designated parcel, tract or area of land estab-
lished by a plat or otherwise permitted by law to be used,
developed or built upon as a unit.
Lot improvement means any building, structure, work of art or
other object or improvements of land on which they are situat-
ed, whether immediate or future, which includes streets,
alleys, utilities, drainage modifications, access modifications
PAGE 9
including curb cuts and other similar activities covered by
these regulations. Lot improvements include off-site work
accomplished for the betterment of removed building lots.
Master plan means those policies and plans adopted by the
council as a guide to the systematic physical development of
the city.
May means permissive.
Minor Plat means a subdivision resulting in four or fewer lots,
not requiring the creation of any new street or the extension
of municipal facilities and not generating an average daily
vehicular traffic (ADT) count of 2,500 or more vehicles.
owner means an all inclusive term denoting the person with pri-
mary responsibility toward the city to see that these subdiv-
ision rules and regulations and the ordinances of the city are
complied with. The term includes person, firm, corporation,
partnership or agent, attorney-in-fact, manager or director,
developer. Such term as used in this chapter always includes
one (1) or more of the persons enumerated in this section who
own all or any part of the land which is contemplated to be
developed.
Plat or final plat means a map of a subdivision, addition or
development to be recorded in the County Clerk Plat Records
after approval by the commission or the committee.
Preliminary plat means a map showing the salient features of a
proposed development as required by this chapter submitted for
the purpose of preliminary consideration.
Public improvement means any street, alley, utility, drainage
facility or other facility or improvement of land designed and
intended to be dedicated, conveyed, or owned by the public.
Resubdivision means a change in a map of an approved or
recorded subdivision plat if such change affects any street
layout on such map or area reserved thereon for public use or
any lot line or if it affects any map or plan legally recorded
prior to the adoption of any regulations controlling subdivi-
sions.
Right-of-way means a strip of land occupied or intended to be
occupied by a street, crosswalk, railroad, road, electric
transmission line, oil or gas pipeline, water main, sanitary or
storm sewer main or for another special use. The usage of the
term "right-of-way" for land platting purposes means that every
right-of-way established as shown on a final plat is to be
separate and distinct from the lots or parcels adjoining such
right-of-way and not included within the dimensions or areas of
PAGE 10
such lots or parcels. Right-of-way intended for streets,
crosswalks, water mains, sanitary sewers, storm drains or any
other use involving maintenance by a public agency shall be
dedicated to public use by the maker of the plat on which such
right-of-way is established.
Shall means mandatory.
Special circumstances means, in regard to utility extensions,
only those areas where water or sewer is deemed necessary and
the application of any general rule for extension shall cause
a burden and cost considerably greater than what would be
normally incurred due to the particular topography or unusual
shape of the particular lot or tract involved.
Subdivider means any person who:
(1) Having an interest in land, causes it, directly or indi-
rectly, to be divided into a subdivision;
(2) Directly or indirectly, sells, leases or develops or of-
fers to sell, lease or develop or advertises for sale, lease or
development any interest, lot, parcel, site, unit or plat in a
subdivision;
(3) Engages directly or through an agent in the business of
selling, leasing, developing or offering for sale, lease or
development a subdivision or any lot, parcel site, unit, plat
or interest in a subdivision; and
(4) Is directly or indirectly controlled by, or under direct
or indirect common control by any of the foregoing.
Subdivision means the division or redivision of land into two
(2) or more lots, tracts, sites or parcels, whether by sale or
lease, for the purpose of development.
Thoroughfare Plan means the official map depicting the city's
existing and future street system and roadway network, together
with explanatory text. Thoroughfare Plan includes the Thor-
oughfare Map and the Collector Street Map.
Used for includes the phrases, "arranged for," "designed for,"
"intended for" and "occupied for" and shall apply exclusively
to physical uses.
Variance means a modification from the terms of this ordinance,
as, applied to a specific tract of property, if the modification
is not contrary to the public interest and, due to special
conditions, a literal enforcement of the ordinance would result
in unnecessary hardship, and so that the spirit of the ordi-
nance is observed and substantial justice is done.
PAGE 11
ARTICLE II. SUBMISSION AND APPROVAL PROCEDURES
AND REQUIREMENTS.
Sec. 34-12. Application and fees.
Any person seeking approval of any plat for any land required
by this chapter, shall submit an application to the department,
along with the applicable fees, in the form and manner specified by
the department.
Sec. 34-13. Predesign conference.
(a) Prior to the filing of any plan, plat or proposed develop-
ment, an applicant shall consult with the committee, unless
specifically waived by the committee chairperson. The commit-
tee shall post its grounds for waiver in the offices of the
department after approval of same by the city attorney. The
department may schedule a predesign conference with the
committee. The purpose of the conference is to allow the
applicant and committee to review and discuss the proposed
development, to make a determination of what information and
studies may be required to be submitted during the plat
procedures, and to receive or exchange any other information or
take any other action necessary to facilitate processing of the
plat application.
(b) Unless waived by the committee, each applicant shall sub-
mit a sketch plan of the proposed development to the department
prior to the date of the predesign conference. The purpose of
the sketch plan is to provide an approximately scaled represen-
tation of a development proposal for use in discussions between
the applicant and the city staff at the predesign conference.
Review of the sketch plan shall not constitute approval or
indicate the full extent of the city's requirements. The
sketch plan, which shall be submitted in the form and manner
specified by the department, shall show the following:
(1) Development name, north arrow, and date.
(2) The size, shape, type and physical location of the
development.
(3) The number and size of lots and buildings.
(4) The proposed streets and street access.
(5) Existing drainage facilities and general topograph-
ical information.
(6) Any other information specified by the department.
PAGE 12
Sea. 34-14. General development plan.
(a) Purpose. The purpose of the general development plan is
to provide for review of certain developments for compliance
with master plans, the compatibility of land uses, and the
coordination of improvements within and among individual
parcels of land or phases of development, prior to approval of
a preliminary plat.
(b) Application. The committee shall determine during the
predesign conference whether a general development plan or a
preliminary plat shall be required in accordance with the
purpose herein stated. When a development is a portion of a
large tract under one (1) ownership or is developed in phases,
the developer may be required to submit a general development
plan for review and approval by the commission. Generally, a
general development plan shall be required for, but is not
limited to, any development which:
(1) If the property under consideration is undeveloped,
is under one ownership and is greater than 20 acres; or
(2) Is to be platted and developed in phases; or
(3) Will require off-site road, drainage, or utility
connections or improvements which will have a substantial
impact or effect on other properties or developments.
(c) Information required. Unless waived in advance by the
committee, the general development plan shall contain the
following information for all phases of the development:
(1) General layout. The acreage and layout of the
entire tract under one ownership, identifying adjacent
developments or subdivisions; the names of owners of
adjacent undeveloped land; the existing zoning for each;
and the location of the property by reference to existing
streets.
(2) Land uses. The proposed categories of land use; the
intensity area classification of the property as identi-
fied in the master plan; the proposed number of dwelling
units and gross density of each type of residence struc-
ture; and the proposed floor area ratio for all non-
residential uses.
(3) Streets. The location, width, and names of all
existing streets within or adjacent to the property; and
any proposed arterial and collector streets, including
the right-of-way thereof; and the alignment of such
streets to connect with streets on adjacent properties.
The general development plan shall also supply average
PAGE 13
daily traffic (ADT) statistics.
(4) Sidewalks. Designate location of sidewalks or
alternative pedestrian access plans.
(5) Existing features. All significant existing man-
made features on the property, such as railroads, build-
ings, and structures.
(6) Utilities. The proposed utilities which will serve
the property and the distance to the nearest water and
sanitary sewer lines.
(7) Drainage. All significant existing and proposed
drainage features, structures, and facilities. Storm
water runoff data in sufficient detail to determine on-
site and off-site runoff impacts and compliance with
master drainage plans as determined by the city engineer.
(d) Processing, review and approval procedure. The general
development plan shall be submitted, along with the applicable
fee, in the number and form specified by the department. The
plan shall be submitted to and reviewed by the committee for
its recommendation to the commission. The commission shall
approve or deny the plan prior to submission of the preliminary
plat. If the commission denies approval of the plan, the
reasons for such denial shall either be reduced to writing or
read into the minutes of the commission. No preliminary plat
for any portion of the development shall be approved until and
unless the required general development plan has been approved
by the commission.
Sec. 34-15. Preliminary plats.
(a) Purpose and applicability. A preliminary plat shall be
required for all proposed developments, except where otherwise
provided for in this chapter. The required preliminary plat is
intended to provide sufficient information to evaluate and
review the general design of the development to insure compli-
ance with the master plans and the requirements of this
chapter. Where a general development plan is required, the
preliminary plat shall substantially conform to the approved
development plan.
(b) Format. The preliminary plat shall be drawn to a scale of
1 inch = 100 feet or larger, provided that a different scale
may be used upon prior approval of the committee. The plat
must be legible to be considered by the city.
Sec. 34-16. Contents of preliminary plat.
The preliminary plat shall contain or have attached thereto:
PAGE 14
(1) General Information.
a. The date, written and graphic scale, north
arrow, proposed name of the development, key map
showing the location of the development in relation
to existing streets and highways and dates of
preparation and revisions.
b. The name and address of the property owner or
owners, and the planners, registered engineer,
surveyor or other representatives processing the
plat.
C. Any city or extraterritorial lines traversing
or on the boundary of the development.
d. The names of the record owners of contiguous
undeveloped lands.
(2) Boundaries, Acreage, Zoning, and Uses.
a. The development boundary lines, shown by con-
tinuous dark lines of sufficient width to be easily
identified.
b. The total acreage within the development, the
identification of each existing and proposed type
of land use, and the acreage for each use.
C. All existing or proposed lots and blocks iden-
tified by letter or number within the development
and the names and lot patterns of contiguous devel-
opments, shown by dotted or dashed lines.
d. The existing and proposed zoning of the land to
be developed and the zoning of adjacent land.
e. The location and identification of all existing
buildings, parking lots, driveways, and other sig-
nificant structures.
(3) Utilities.
a. The identification, location, and size of all
existing water and sanitary sewer lines and the
associated easements which are located within or on
the boundaries of the development.
b. The identification, location, and size of all
proposed water and sanitary sewer lines and the
associated easements which are proposed to serve
PAGE 15
the development, showing the location, size, and
distance of any existing lines to which connections
are proposed.
C. Detailed information on the means by which any
alternative water or sanitary sewer service is to
be provided, such as by wells or septic systems.
d. The location and routing of all existing or
proposed lines, easements, and facilities for pro-
viding electrical services for the development.
e. The identification, location, and size of all
existing gas, petroleum, telecommunications, or
similar common carrier easements located within or
on the boundary of the development.
(4) Streets, Sidewalks and Driveways.
a. The identification, location, and size of all
existing streets and street rights-of-way located
within the development or adjacent developments.
b. The identification, location, and size of all
proposed streets, sidewalk and slope rights-of-way
which are to serve the development, showing the
proposed connection or alignment with existing or
proposed streets in adjacent developments. Where
there is no adjacent development and there are
arterial or collector streets proposed for the
development, a key map shall be included to show
the proposed future alignment and connection of the
arterial or collector streets to the same type of
streets in the nearest development.
c. The location and width of any existing or pro-
posed driveways which accesses or is proposed to
access any existing or proposed arterial street
located within or on the boundary of the develop-
ment.
(5) Drainage.
a. The topography of the existing land included
within the development and any major changes in
topography resulting from development as shown by
contour lines of two (2) foot vertical intervals.
Upon prior approval of the city engineer, different
contour intervals may be used.
b. The identification, location, and approximate
dimensions of all existing and proposed water
PAGE 16
courses, ponds, detention ponds, ditches, channels,
floodway and floodplain boundaries, storm water
improvements, drainage easements, or similar natu-
ral or man-made drainage facilities or features
located within or outside the boundaries of the de-
velopment that do or will effect or impact storm-
water drainage on or across the development prop-
erty.
c. Unless the city engineer determines during the
predesign conference and after review of appropri-
ate drainage study information, that the devel-
opment will not create the need for any drainage
improvements, all developments shall be required to
submit with the preliminary plat a preliminary
drainage study, along with a drainage area map,
containing the following information:
1. The delineation of the major contributing
watersheds for stormwater that crosses or is
proposed to cross any property within or on
the boundary of the development.
2. All areas outside c
drainage easements or
serving the development
by the 100 year flood.
P existing or proposed
street rights-of-way
that will be inundated
3. A summary of the drainage calculations
used to determine the proposed stormwater
drainage system that will be necessary to
serve the development. The calculations shall
be prepared and submitted in accordance with
the Denton Drainage Design manual in order to
review and assess the adequacy of the proposed
drainage system.
4. Expected impacts on offsite properties and
proposed measures for remedying impacts.
Sao. 34-17. Procedure for approval.
(a) Submittal. The application and copies of the preliminary
plat, along with any applicable fee, shall be submitted in the
form and number specified by the department.
(b) committee review. The committee shall review the prelimi-
nary plat for compliance with the requirements of this chapter.
The applicant shall be afforded an opportunity to meet with the
committee to receive its comments and recommendations on the
sufficiency of the plat, so as to allow the applicant to make
any recommended or desired changes, corrections, or modifica-
PAGE 17
tions. Upon completion of the review, the committee shall
forward the plat to the commission along with its recommenda-
tion, unless approval by the committee is allowed under
exceptions provided in TEX. LOC. GOVT CODE ANN. §212.0065
(Vernon Supp. 1994), as amended, allows the committee to have
authority to approve minor plats.
(c) Commission action. Upon submittal of the plat by the
committee, the commission shall take action on the plat at a
regularly scheduled meeting held within thirty (30) days of the
date the preliminary plat for which approval is requested is
submitted to the department as required by TEX. LOC. GOVT CODE
ANN. §212.009 (Vernon 1988), as amended. This deadline may be
extended an additional thirty (30) days if the applicant
requests or consents in writing to the extension to act upon
the plat. If the plat meets all the requirements of the
chapter, the commission shall approve the plat. If the plat
does not meet the requirements of this chapter, the committee
shall disapprove the plat, unless the applicant agrees, at the
meeting at which action is to be taken, to correct or remedy
the deficiency on which the disapproval is based in the
submission of the final plat. If the preliminary plat is
disapproved, no further action shall be taken on the applica-
tion, until and unless a new application and preliminary plat
is submitted in accordance with this chapter.
(d) Application of the preliminary plat process to state law.
A preliminary plat approved by the commission shall be in
accordance with Subchapter I., entitled "State and Local
Permits," of TEX. GOVT CODE ANN. §481.143 (Vernon 1990), as
amended. This statute provides that in the application for
subsequent permits necessary for development, the regulations,
ordinances and other duly adopted requirements in effect at the
time of the original application for the preliminary plat is
filed shall be the sole basis for consideration of all subse-
quent permits required for completion of the project. Should
this statute be amended, repealed or interpreted as not being
applicable to the platting process, a preliminary plat shall
become null and void at the same time as a final plat becomes
null and void as provided in Section 34-22(e).
Sec. 34-18. Final plats.
(a) Purpose and applicability. A final plat of the property
included within the development shall be required of all
developments to which this chapter applies. The final plat is
intended to serve as the official recorded map of the property
to be developed, showing thereon the boundaries, lots, public
streets and easements and other significant facilities and
features which are necessary to serve the development, as
required by this chapter. For a development to be constructed
in phases, the final plat may include only a portion of the
PAGE 18
land included in the preliminary plat. The final plat shall
conform to the approved preliminary plat, and if applicable,
the general development plan.
(b) Land excluded.
(1) Where any requirement of this chapter is determined
in reference to the boundary of the development, such as
the requirement to improve existing perimeter streets,
the final plat may not exclude land which could otherwise
be included for the purpose of avoiding the requirement,
or if such property is permitted to be excluded for good
reason, the requirement may still be imposed if com-
pliance with the requirement is reasonably necessary to
serve the development.
(2) In no case shall a final plat exclude land so as to
leave a remainder of such size, shape, or location as not
to be developable in substantial compliance with the
requirements of this chapter or any other ordinance.
(3) Where any applicant seeks approval of a proposed
development for land that was subdivided in violation of
this chapter, state law, or any prior ordinance, and the
development cannot provide adequate street access, street
connections, or substantially comply with any other re-
quirement or standard of this chapter because of the
unlawful subdivision, the commission may refuse approval
of the development or plat.
(c) Format. The final plat shall
eighteen inches by twenty-four inche
drawn to a scale of 1 inch = 100 feet
a different scale may be used upon
committee. The plat must be legible
for filing.
Sec. 34-19. Contents of final plat.
be submitted on sheets
(18" x 2411) in size,
)r larger, provided that
prior approval of the
to qualify for approval
The final plat shall contain thereon, or as specified by the
department, accompanied with the plat, the following informa-
tion:
(1) The signature of the owner or owners of the land
included within the plat, acknowledged in the form
required for the acknowledgment of deeds.
(2) The date, scale, north arrow, and key map showing
the location of the development in relation to existing
streets and highways, dates of preparations and revi-
sions.
PAGE 19
(3) The proposed name of the development, which shall
not have the same spelling or be pronounced similarly to
the name of any other development located on land within
the jurisdiction of the city. Developers of phased
developments shall use the same base name for different
sections, identified by a section number.
(4) The development boundary lines, shown by continuous
dark lines of sufficient width to be easily identified,
as shown by a survey performed by a registered profes-
sional land surveyor describing the boundaries of the
development by metes and bounds. The survey shall:
a. Locate the boundaries with respect to a corner
of the survey or tract or any original corner of
the original survey abstract of which it is a part
(provide a note of description of the location of
the survey abstract);
b. Describe and locate all permanent survey monu-
ments, pins, and control points and tie and refer-
ence the survey corners to Texas State Plane Coor-
dinate System; and
C. Identify the dimensions of the development.
d. Identify the city and county where the devel-
opment is located.
(5) The dimensions of all existing or proposed lots and
blocks within the development, identified by letter or
number running consecutively throughout the development.
(6) The exact location, dimension, and description of
all existing or recorded streets, alleys, easements, and
public rights-of-way within the development, intersecting
or contiguous with its boundary or forming such boundary.
(7) The exact location, dimensions, and description of
all proposed streets, alleys, drainage and utility
easements, parks, other areas, reservations, easements or
other rights-of-way to be dedicated to the public,
located within, intersecting or contiguous with its
boundary or forming such boundary.
(8) All proposed streets or changes to be made in
existing streets shall be described with accurate
bearings or deflecting angles and radii, area and central
angle, degree of curvature, tangent distance and length
of all curves where appropriate, and the primary control
points.
PAGE 20
(9) The minimum finished floor elevations for all
proposed buildings, if required by the committee. The
elevations shall be stated as mean sea level rather than
relative.
(10) Building setback lines.
(11) Signature block of the approving authority
(12) All required dedication and certification state-
ments.
Sec. 34-20. Construction plans.
(a) Purpose and applicability. Construction plans shall be
submitted to the department for all existing or proposed
streets, sidewalks, drainage and utility improvements, and any
other public improvements that are required or proposed to be
constructed, reconstructed, improved, or modified to serve the
development. Where the final plat is for property being
developed in phases, the required construction plans shall
include the improvements specified in the general development
plan or preliminary plat to serve the phase being platted. The
construction plans are intended to provide for the detailed
engineering drawings for all improvements required to serve the
development. The construction plans shall be kept as a
permanent record of the city.
(b) Responsibility of project engineer. The project engineer
is responsible for the accuracy, completeness and conformance
to city standards. The purpose of the city review is to ensure
conformance to city policies and standards. However, the city
review is limited to facts as presented on submitted plans.
The city has no project engineering responsibility. The
engineer certifying the plans is responsible for the accuracy
and completeness of the documents submitted for review and
actual construction. The city reserves the right to require
corrections to actual conditions in the field which are found
to be contrary to or omitted from submitted plans.
(c) Format. Construction plans shall be drawn on 22" or 24"
x 36" size sheets. Each sheet shall contain no more than two
(2) individual improvements, unless otherwise approved by the
city engineer.
Sec. 34-21. Contents of construction plans.
The construction plans shall include the following information:
(a) General. North arrow, scale, date and mean sea-level
elevations of all improvements. The plans shall provide for a
reference to elevation benchmark or monumentation used the in
PAGE 21
development of the plans. The construction plans shall be
signed and sealed by a professional engineer licensed by the
State of Texas prior to bidding the project for construction.
(b) Streets. The plan and profile of streets, drawn with a
horizontal scale of 1" = 40' or larger, and appropriate
corresponding vertical scale, showing the top of curb grades at
100 foot intervals for straight grades and 25 foot intervals
for vertical curves. Typical right-of-way cross sections of
streets, sidewalks, and alleys showing the width and type of
pavement, base, and subgrade, the location within the right-of-
way, and specific street crown information, including the
pavement transition to split curbs, valley gutters, and
stormwater inlets.
(c) Sanitary sewer systems. Plan and profile for each
sanitary sewer line showing existing ground level elevation at
center line of pipe, pipe size, flow line elevation at all
drops, and turns, and station numbers at fifty (50) foot
intervals, with a section showing embedment, unless specified
or permitted otherwise by the committee.
(d) Water systems. Plan and profile, when required, of the
water distribution system showing pipe sizes and the location
of valves, fire hydrants, fittings and other appurtenances,
with a section showing embedment.
(e) Storm water management systems. Plans and profile, when
requested, of all proposed channels, ditches, underground
systems, detention areas, and any other stormwater improve-
ments, modifications, or facilities proposed to serve the
development. The plans shall specify in detail the materials
and sizing for all channels or ditches, stormwater pipes, pipe
connections, inlets, outlets, manholes, culverts, bridges and
any other drainage structures and improvements. Each improve-
ment shall show the hydraulic data on which the design of the
improvement was based.
(f) Grading. A grading plan showing the existing and proposed
topography in two-foot contours, proposed or minimum finished
floor elevations, and the 100-year flood limits, if any. The
grading plan shall consist of contours and spot elevations with
water directional arrows to define the flow patterns.
(g) Erosion control. The location, size and character of all
temporary and permanent erosion and sediment control facilities
with specifications detailing all on-site erosion control
measures which will be established and maintained during all
periods of development and construction.
PAGE 22
Sec. 34-22. Processing procedure for final plat and
construction plans.
(a) Submittal. The application and copies of the final plat
and construction plans, along with any applicable fee, shall be
submitted in the form and number specified by the department.
(b) Committee review. The committee shall review the final
plat and construction plans for compliance with the require-
ments of this chapter. The applicant shall be afforded an
opportunity to meet with the committee to receive its comments
and recommendations on the sufficiency of the plat and plans,
so as to allow the applicant to make any recommended or desired
changes, corrections, or modifications. Upon completion of the
review process, if the construction plans have been approved by
the city engineer and executive director of utilities, if
applicable, then the committee shall forward the plat to the
commission along with its recommendation unless approval by the
committee is allowed under exceptions provided in TEX. LOC.
GOVT CODE ANN. §212.0065 (Vernon Supp. 1994), as amended, and
this ordinance.
(c) Commission action. Upon submittal of the plat by the
committee, the commission shall take action on the plat at a
regularly scheduled meeting held within thirty (30) days of the
date the final plat and construction plans for which approval
is requested is submitted to the department, unless the
applicant requests and consents in writing to waive the time
deadline for action upon the plat. If the final plat meets all
the requirements the chapter, the commission shall approve the
plat. If the plat does not meet the requirements of this
chapter, the commission shall disapprove the plat.
(d) Certification by engineer. Engineering plans showing
details of streets, culverts, bridges, storm sewers, water
mains, sanitary sewers and all engineering details, other than
buildings, of the proposed subdivision shall be submitted to
the committee along with the final plat of subdivision. Such
plans shall be prepared by an engineer registered in the State
of Texas, and shall conform to the standard specifications of
the City of Denton (North Central Texas Council of Governments
Standard Specifications for Public Works Construction, as
amended by City) relating to such improvements.
(e) Expiration of final plat and plans. TEX. GOVT CODE ANN.
§481.143 (Vernon 1990), as amended, controls the expiration
time for plats. Should such subsection be amended, repealed,
or interpreted to be inapplicable to the platting process, an
approved final plat which has not been filed in the appropriate
records of Denton County within two (2) years of its approval,
shall be considered null and void unless an extension is
granted by the commission for good cause.
PAGE 23
Sec. 34-23. Simplified plat process.
(a) Purpose. The purpose of the simplified plat process is to
allow an applicant to concurrently submit the preliminary plat,
final plat and construction plans to the committee. This
allows for their joint review and approval in those cases where
the characteristics of the development do not necessitate the
more detailed and separate submittal, review, and approval
procedures.
(b) Applicability. The provisions of this article shall apply
whenever the proposed development:
(1) Is to contain less than twenty (20) lots or is to be
less than five (5) acres in size, and is not part of a
larger scheme of development;
(2) Does not require the improvement of any existing
street;
(3) Is not proposed to have any internal public or
private streets;
(4) Does not create the need for any public drainage
improvements; and
(5) Is to be served by existing utilities already
extended across the frontage of the development.
(c) Processing procedures. An application, preliminary plat,
final plat, and construction plans for public improvements,
along with the applicable fee, may be submitted for any
proposed development which complies with the conditions of this
section. If, after review of the application, plats, and
plans, the department determines that the development meets the
requirements of this section, the plats and plans shall be
processed, reviewed, and approved in accordance with the other
provisions of this chapter applicable to applications for final
plats.
Sec. 34-24. Recording of final plat.
Upon approval of the final plat by the commission or the
committee, whichever is applicable, and the construction plans by
the city engineer and the executive director of utilities, the
applicant shall submit one mylar reproducible and three (3) paper
copies of the plat with all required signatures; a copy of the plat
on a computer disk in a format approved by the city engineer
(unless waived by the city engineer); and three (3) copies of the
final construction plans to the city engineer. The city engineer
shall file in the plat records of Denton County the final plat upon
submission of the required copies and the payment of the recording
PAGE 24
fees.
Sec. 34-25. Replatting.
(a) Replat required. Unless otherwise expressly provided for
herein, a property owner who proposes to replat any portion of
an approved final plat, other than to amend or vacate the plat,
must first obtain approval for the replat under the same
standards and by the same procedure prescribed for the platting
of land by these regulations.
(b) 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 is submitted in accordance with TEX. LOC.
GOV'T CODE ANN. §§212.014 (Vernon 1988) and 212.015 (Vernon
1988 & Supp. 1994), as amended.
(c) Procedures. The commission shall hold a public hearing
and consider all replats. Replats shall be processed in the
same manner as preliminary and final plats.
Sec. 34-26. Amending plat.
The commission may approve and issue an amending plat pursuant
to TEX. LOC. GOVT CODE ANN. §212.016 (Vernon Supp. 1994), as
amended.
Sec. 34-27. Vacating plat.
(a) The property owner of the tract covered by a plat may
vacate the plat pursuant to TEX. LOC. GOVT CODE ANN. §212.013
(Vernon 1988). The commission shall approve the petition for
vacation on such terms and conditions as are reasonable to
protect public health, safety and welfare. As a condition of
vacation of the plat, the commission may direct the petitioner
to prepare a revised final plat in accordance with these
regulations. Regardless of the commission's action on the
petition, the property owner or developer will have no right to
a refund of any monies, fees or charges paid to the city nor to
the return of any property or consideration dedicated or
delivered to the city except as may have previously been agreed
to by the commission.
(b) Government initiated plat vacation.
(1) General conditions. The commission, on its motion,
may vacate the plat of an approved subdivision or
addition when:
a. No lots within the approved plat have been sold
within five (5) years from the date that the plat
PAGE 25
was signed by the chairman of the commission; or
b. The property owner has breached the city's
development contract and the city is unable to
obtain funds from the developer's or contractor's
bonding company with which to complete construction
of public improvements, except that the vacation
shall apply only to lots owned by the property
owner or its successor; or
c. The plat has been of record for more than five
(5) years and the commission determines that the
further sale of lots within the subdivision or
addition presents a threat to public health, safety
and welfare, except that the vacation shall apply
only to lots owned by the property owner or its
successors.
(2) Procedure. Upon any motion of the commission to
vacate the plat of any previously approved subdivision or
addition, in whole or in part, the commission shall pub-
lish notice in a newspaper of general circulation in the
County and provide personal notice to all property owners
within the subdivision or addition and shall also provide
notice to the council. The notice shall state the time
and place for a public hearing on the motion to vacate
the subdivision or addition plat.
(3) Record of notice. If the commission adopts a reso-
lution vacating a plat in whole, it shall record a copy
of the resolution in the county clerk's office. If the
commission adopts a resolution vacating a plat in part,
it shall cause a revised final plat to be recorded which
shows that portion of the original plat that has been
vacated and that portion that has not been vacated.
Sec. 34-28. Conveyance plat.
(a) Purpose. A conveyance plat may be used solely for the
purpose of subdividing land and the recording of same, or
recording a single existing lot or parcel created by other
means. A conveyance plat may be used to convey the property or
interests therein; however, a conveyance plat does not consti-
tute approval for development of the property. A conveyance
plat is an interim step in the subdivision and development of
land.
(b) Applicability. A conveyance plat may be used in lieu of
a final plat to record the subdivision of property provided
that no single lot created is five acres or smaller. A
conveyance plat may be used in lieu of a final plat to record
the remainder of a tract created by the final platting of a
PAGE 26
portion of the property provided that the remainder is larger
than five acres and is not intended for immediate development.
(c) No final plat processed and approved in association with
a conveyance plat shall be filed without the concurrent filing
of the associated approved conveyance plat.
Sec. 34-29. Effect of approval.
(a) Conveyance plat approval and acceptance by the city does
not relieve the owner from obligations, including fees,
required by other sections of this or any other ordinance of
the city pertaining to the improvement of the property or
extension of services as required to make the property suitable
for development.
(b) Neither reservation nor dedication of right-of-way shall
relieve the property owner from any obligation for street con-
struction or assessments associated with public street improve-
ment programs. Easements for access, utilities and drainage
may be recorded on conveyance plats.
(c) No building permits shall be issued nor development begin,
nor permanent utility service provided for land which has only
received approval as a conveyance plat.
(b) A conveyance plat may be vacated, replatted or superseded
in total or in part by thorough compliance with the procedures
and requirements of this ordinance.
Sec. 34-30. Application and conveyance plat requirements.
(a) The property owner shall submit an application for a
conveyance plat, together with other supporting documents and
fees, to the director. Conveyance plats may qualify as minor
plats. A conveyance plat shall include all the following
information:
(1) The boundary lines with accurate distances and
bearings and the exact location and width of all existing
or recorded streets intersecting the boundary of the
tract.
(2) True bearings and distances to the nearest estab-
lished official monuments or state plane coordinates,
which shall be accurately described on the plat; munici-
pal, township, county, or section lines accurately tied
to the lines of the subdivision or addition by distances
and bearings.
(3) An accurate location of the subdivision or addition
with reference to the abstract and survey records of the
PAGE 27
County.
(4) The exact layout including:
a. Street names (if known or proposed).
b. The length of all arcs, radii, internal angles,
points of curvature length, and bearings of the
tangents.
C. Easement, and rights-of-way specifying their
provision by dedication or reservation.
d. All lot numbers and lines with accurate dimen-
sions in feet and hundredths of feet and with
bearings and angles to street and alley lines.
(5) The accurate location, material, and approximate
size of all survey monuments and corners.
(6) The accurate outline of all property which is
offered for dedication for public use with the purpose
indicated thereon.
(7) Proposed name of the subdivision or addition.
(8) Name and address of the property owner.
(9) North arrow, scale, and date of preparation.
(10) Certification by a registered professional land
surveyor to the effect that the plat represents a survey
made by him and that all the monuments shown thereon
actually exist, and their location, size and material
description are correctly shown.
Sec. 34-31. other documents required.
The applicant shall also submit the following with his
application for approval of a conveyance plat:
(a) Certificates to properly dedicate easements or rights-of-
way as may be necessary.
(b) Construction plans for public improvements if street,
utility or drainage improvements are proposed by the owner.
Construction plans, easements, and dedications as appropriate
shall be submitted concurrent with the conveyance plat or any
subsequent replat. The construction plans, if any, shall be
prepared by or under the supervision of a professional engineer
registered in the State of Texas and shall bear his seal on
each sheet.
PAGE 28
(c) A certificate of ownership and dedication of all street
and alley rights-of-way to public use forever, signed and
acknowledged before a notary public by the owner and lien
holder, if any, of the land along with complete and accurate
description of the land subdivided and the streets dedicated,
where applicable, except as provided in Section 34-32(b).
(d) Acknowledgment to be placed on plat. All conveyance plats
must be titled "Conveyance Plat" and carry the following
wording:
"A conveyance plat is a record of property
approved by the City of Denton for the purpose
of sale or conveyance in its entirety or
interests thereon defined. No building permit
shall be issued, nor development begin, nor
permanent public utility service provided
until a final plat is approved, filed of
record and public improvements are accepted in
accordance with the provisions of the Subdiv-
ision and Land Development Regulations of the
City of Denton. Selling a portion of this
property by metes and bounds, except as shown
on an approved, filed and accepted conveyance
plat, final plat or replat is a violation of
the city ordinance and state law."
Sec. 34-32. Standards for approval of conveyance plats.
(a) Access. All tracts, parcels, lots or sites created by a
conveyance plat shall have frontage and access to an existing
or proposed public street.
(b) Reservation of rights-of-way. Conveyance plats must
provide for the reservation of future rights-of-way of planned
roadways. Right-of-way reservation acknowledges the future
obligation to dedicate right-of-way for public thoroughfares
and streets specified on the city's Thoroughfare Plan, an
approved preliminary plat, or approved General Development
Plan. Reservation of the right-of-way does not grant any right
or',interest in the property to the city or other entity. The
final alignment may be adjusted upon final platting in order to
meet engineering design standards.
(c) Dedication of rights-of-way. Dedication of right-of-way
shall be required where a conveyance plat is used to record the
remainder of a tract created by the final platting of a portion
of:'the property. The required right-of-way dedication shall be
limited to that which is necessary to provide access to the
property proposed for final plat approval and to complete turn
lanes, intersections and transitions in road pavement width re-
sulting from development of property proposed for final plat
PAGE 29
approval.
Sec. 34-33. Approval procedure for conveyance plats.
(a) Conveyance plats shall be approved provided they comply
with all appropriate ordinances and the master plan. The
commission must approve, approve with conditions or deny a
conveyance plat no later than 30 days from the date of appli-
cation. If denied, the commission shall provide a written
explanation of the reason for denial if requested by Applicant
at the time the decision is rendered. If the commission fails
to approve or deny the application within 30 days of the
official submission date, the conveyance plat shall be deemed
approved. A conveyance plat qualifying as a minor plat shall
be reviewed and acted upon by the committee.
(b) Signing and filing. After the approval of the conveyance
plat by the commission or committee, the property owner or his
engineer shall submit filing fees and the required number of
copies for filing to the city for filing with the county.
Having submitted all copies and fees, the owner may request a
delay of filing for up to 180 days from the date of approval.
Any conveyance plat which has not been filed with the county
within 181 days of the date of approval shall be void. Prior
to filing with the county, the property owner may withdraw and
void a conveyance plat. Any conveyance plat withdrawn or
voided must be resubmitted under current regulations and
procedures and reapproved by the commission or committee and
filed with the county. Prior to filing, the chairperson of the
commission or the committee, whichever is applicable, shall
endorse approval of the conveyance plat. The city engineer
shall forward one (1) copy of the recorded conveyance plat to
the property owner.
Sec. 34-34. Development plats.
(a) Any person who proposes new development of a tract of land
located with the corporate limits or within Division 1 of the
city's Extraterritorial Jurisdiction, and is not required by
this chapter to prepare a preliminary or final plat, shall
prepare a development plat in accordance with elements required
for preliminary and final plats by this chapter unless:
(1) the development is excepted under Sec. 34-8; or
(2) the development is an addition or alteration to
existing development which after development would result
in development no less complying with the code of
ordinances than before the development.
(b) Development plats shall be processed in accordance with
TEX. LOC. GOVT CODE ANN. §5212.041 through 212.050 (Vernon
PAGE 30
Supp. 1994) and no new development may begin on property until
the development plat is filed and approved by the city in
accordance with such sections.
(c) Development plats shall be labeled "Development Plat for
Addition."
Sec. 34-35. Annexation policy.
(a) It is the general policy of the City of Denton to assess
on a case-by-case basis the annexation of areas in the extra-
territorial jurisdiction (ETJ) when significant developments
are proposed, occurring, or likely to occur in the near future.
(b) The following are guidelines for determining when annex-
ation study should be considered:
(1) Single family developments over five lots; or
(2) Multi-family, industrial or commercial developments
over one acre; or
(3) Any area where the density exceeds 500 units per
square mile; or
(4) Any development or area that might have a signifi-
cant impact upon the city, including but not limited to
service costs, increased traffic, drainage impact,
utility needs or utilization, safety or health hazards.
When any or all of the above conditions exist, city staff shall
review the proposed development for the purpose of considering
annexation. The review shall also include consideration of the
annexation of logical planning areas around the area of initial
concern.
(c) Guidelines for scope of study. In studying the questions
of whether or not an area should be annexed, the following
criteria shall be considered at a minimum:
(1) The ability of the city to furnish normal city ser-
vices equal to other comparable areas inside the city
limits. Water and sewer system capabilities are consid-
ered, but lines for individual areas are normally not the
city's financial responsibility.
(2) The reliability, capacity, and future public cost,
if any, of current and planned provisions for community
facilities such as roads, drainage, utilities, etc.
Private facilities will be considered.
(3) The need and quality of land use and building con-
PAGE 31
trols. Private controls will be considered.
(4) Impact on the city, both current and long range,
including at a minimum:
a. Fiscal cost and benefits;
b. Traffic;
c. Infrastructure of roads, utilities and other
community facilities;
d. Safety or health;
e. Building or development quality;
f. Aesthetic quality; and
g. Community character.
(5) Conformance with or need to ensure conformance with
the officially adopted master plans of the city.
Sec. 34-36. Annexation procedures.
(a) If, after preliminary study, the criteria described in
Section 34-35 indicate annexation is appropriate in order to
promote or protect the public interest, the city will initiate
formal annexation proceedings to consider the annexation
question in detail.
(b) If a tract of land in the extraterritorial jurisdiction is
contiguous to the city limits and the owner of said property
desires that it be annexed in order to be qualified to receive
city services when available and to be afforded zoning protec-
tion, the owner may petition the city for annexation.
(c) Study and annexation procedure.
(1) Based upon guidelines for initiating study, the
staff shall initiate a preliminary assessment of the area
for possible annexation and present the results to the
city council. The city council will review the study
results and other information and make a determination
whether or not formal study and public hearings and
annexation proceedings should be initiated.
(2) If formal public hearings are initiated, the plan-
ning and zoning commission shall review the annexation
study and make a recommendation to the city council.
PAGE 32
(3) The city council will then consider all recommenda-
tions and public comment during the prescribed public
hearings phase, and make a determination whether or not
to initiate formal annexation proceedings.
(4) Formal annexation proceedings are executed, if
applicable.
Sec. 34-37. Annexation fees.
Any person, firm or corporation who shall petition the city for
annexation shall pay to the department of planning and community
development a fee in an amount determined, and as from time to time
amended, by ordinance of the city council. The fee shall be based
upon the administrative expenses of the city in reviewing such
petitions. A true and correct copy of the current ordinance
establishing the fees shall be maintained in the department of
planning and community development.
Sec. 34-38. Development standards and requirements in the
extraterritorial jurisdiction.
(a) The extraterritorial jurisdiction of the City of Denton is
classified into two (2) divisions as indicated on the map on
file in the department which is made a part hereof for all pur-
poses. Division 1 is that area located within the regulatory
line reflected on the map referenced above. Division 2 is that
area on the map located outside the regulatory line surrounding
Division 1.
(1) All of the provisions of this chapter governing
subdivision and development standards for subdivisions
within the city shall apply to all subdivisions and
developments within Division 1.
(2) The subdivision and development standards of the
County of Denton, as such standards exist today or as
they may hereafter be amended, shall apply to all
subdivisions and developments within Division 2. The
approval of plats by the city for subdivisions and
developments in the extraterritorial jurisdiction
comprising Division 2 is not required and such subdivi-
sions and developments must comply only with development
or plat requirements of Denton County and state law.
(b) The department is directed to consider amendments to the
regulatory line map whenever the certificate of public conve-
nience and necessity for water and wastewater services is
amended by the state, the Greater Denton Planning Area as
defined in the Denton Development Plan as revised, or when
directed by the planning and zoning commission and city
council. Any amendments shall not be effective until the
PAGE 33
revised regulatory line map is approved by the city council.
Sec. 34-39. Pre-construction phase procedural requirements and
policies.
(a) Filing of an approved final plat. An approved final plat
must be filed in accordance with the provisions of this
chapter.
(b) Preconstruction conference. A preconstruction conference
between the owner, prime contractor, project engineer, the city
engineer, the executive director of utilities and representa-
tives of public utilities is required to review the proposed
improvements to be made and the requirements of this chapter.
Sec. 34-40. Development contract required.
(a) For all developments in which streets, drainage facil-
ities, water or sewer lines or other improvements are to be
constructed and dedicated or conveyed to the public, a develop-
ment contract is required to ensure proper construction and
completion of the improvements and payment is made therefor.
(b) The developer shall submit three (3) executed copies of
the development contract, along with any required bonds, escrow
agreements, insurance certificates or other documents, to the
city engineer on forms approved by or provided by the city and
be executed by the city manager prior to the development being
approved for construction.
Sec. 34-41. Contents of development contract.
The development contract shall be in a form and contain pro-
visions deemed necessary by the city engineer, as approved by the
city attorney, to ensure proper construction and completion of the
improvements, payment is made therefor and compliance with the
provisions of this chapter. The contract shall contain but not be
limited to the following provisions:
(a) Description and cost. A description of the improvements,
their location and the contract price thereof or, if there is
no contract amount yet determined, the estimated cost thereof
certified by a registered engineer and approved by the city
engineer.
(b) Specifications. That the improvements will be constructed
in accordance with the provisions of this chapter and the
standards and specifications applicable to the city's public
works projects.
(c) Inspection and orders. That the contractor and subcon-
tractors will cooperate with and abide by the orders of the
PAGE 34
city engineer, executive director of utilities, and city
inspectors in constructing the improvement.
(d) Insurance. That the owner or contractor will comply with
the insurance requirements applicable to the city's public
works project and provide certificates evidencing such insur-
ance coverages to the city engineer.
(e) Performance bond. That the owner or contractor shall
provide a performance bond as required by TEX. GOVT CODE ANN.
§2253.021 (Vernon Supp. 1994) and in conformance with the most
current edition of the Standard Specifications for Public Works
Construction adopted by the North Central Texas Council of
Governments (NCTCOG), as amended by city, in the amount of 100%
of the cost of constructing the public improvements. The bond
shall be furnished on the form provided by the City of Denton
which shall include a provision insuring the repair and
replacement of all defects in the improvements due to faulty
materials and workmanship that appear within a period of one
(1) year from the date of acceptance of the improvements by the
city. The performance bond shall be issued by a surety company
authorized to do business in the State of Texas and acceptable
to the City of Denton. If the cost of constructing the improve-
ments is less than $100,000, the city may execute an escrow
agreement with the owner or developer in lieu of the bond.
Cash money in the amount of the cost of completing the improve-
ments, as determined by the city engineer, may be deposited
with a bank as escrow agent pursuant to an agreement, the form
and provisions thereof to be approved by the city engineer and
city attorney, to insure completion of the improvements.
(f) Payment bond. That the owner or contractor shall provide
a payment bond as required by TEX. GOVT CODE ANN. §2253.021
(Vernon 1994), as amended, in the amount of 100% of the cost of
constructing the public improvements. The bond shall be
furnished on a form provided by the City of Denton and shall be
issued by a bonding company authorized to do business in the
State of Texas and acceptable to the City of Denton. If the
cost of constructing the improvements is less than $25,000, the
city may execute an escrow agreement with the owner or develop-
eras referenced in subsection (e) above in lieu of the bond.
(g) Requirements of sureties. That the requirements for
sureties to issue bonds and the standards for additional or
substitute bonds as set forth in NCTCOG standards referenced
above are incorporated into this section for all purposes and
shall be controlling in all aspects unless in conflict with the
terms set forth in this section.
PAGE 35
Sec. 34-42. Miscellaneous documentation requirements.
(a) Affidavit of contractor. The city engineer may require
the owner or contractor or both to furnish a list of all
contractors and subcontractors who performed labor on or
persons supplying material for the improvements and require a
written release of all claims from any such person prior to
acceptance of the improvements if surety bonds are not appli-
cable.
(b) Occupancy. That the owner shall not allow any purchaser,
lessee or other person to occupy any building within the
development until all improvements are accepted by the city;
that upon violation of such restriction, the city may take
whatever action is lawfully necessary to restrain such occupan-
cy.
See. 34-43. Construction inspection.
(a) construction inspection and acceptance. The developer
shall cause his engineer to design, stake and help interpret
the plans during construction of improvements and shall cause
his contractor to construct the improvements in accordance with
this chapter and engineering plans. The approved engineering
plan shall be so marked on the face by the city engineer. The
city engineer shall inspect any and all phases of the construc-
tion of improvements for subdivisions. The subdivider or his
contractor should maintain daily contact with the city engineer
during construction of improvements. No sanitary sewer, water
or storm sewer pipe shall be covered without approval of the
city engineer. No flexible base material, subgrade material or
stabilization shall be applied to the street subgrade without
the approval of the city. No concrete may be poured nor
asphaltic surface applied to the base without approval of the
city. The city engineer may at any time cause any construc-
tion, installation, maintenance or location or improvements to
cease when, in his judgment, the requirements of this chapter
or the standards and specifications as hereinbefore provided
have been violated and may require such reconstruction or other
work as may be necessary to correct any such violation.
(b) Acceptance. The city engineer shall receive and approve
for the city, the title, use and maintenance of the improve-
ments when:
(1) the improvements are found to be installed and
completed in accordance with the plans and specifications
as certified in writing by the city engineer;
(2) the city engineer has received a sepia set of as-
built plans from the developer acceptable to the city
engineer; and
PAGE 36
(3) the city has received a letter of the contractor's
compliance with this chapter.
Sec. 34-44. Cost of improvements and city participation.
The applicant shall make all required improvements, at his
expense, according to the officially adopted master plans,
without reimbursement by the city, except for certain oversized
or city participation provisions of this chapter as may be
expressly authorized by the city council and paid as funds are
available. (This subsection provides general participation
policy and procedure; the general design standards of division
3 of this article provide specific conditions for oversized
participation in water, sewer and streets.) Where larger
facilities are required by the city, reimbursement costs shall
be based on actual installation cost. The city will partici-
pate in the cost of any water line having an inside diameter
greater than eight (8) inches and of any sanitary sewer line
having an inside diameter greater than ten (10) inches if not
required by the development. Any requests by the developer for
payment shall be made in writing and shall be presented to the
director of public utilities or to the city engineer for study.
The city engineer shall present his findings, along with his
recommendations for payment, to the city council for final
approval.
Sec. 34-45. Subdivider to extend mains to subdivisions.
If the existing city mains and/or streets are not within or
adjacent to a subdivision, the developer, unless exempt, shall
construct the necessary extension as specified in this chapter.
These mains or streets shall be constructed in accordance with
the master plan of the city. These facilities shall be in
public easements, secured and paid for by the developer. Such
easements must be recorded as required by law before service is
extended to the subdivision. In cases where easements cannot
be secured, the developer may petition the city to authorize
condemnation proceedings. However, the developer will be
liable for any cost associated with retaining legal counsel and
expert witnesses necessary to effectuate the condemnation
proceedings and shall execute a contract with the city that
shall provide for procedure to be followed.
(a) Criteria for extensions. For the city to consider using
condemnation authority for assistance to extend mains to a
subdivision area, clear evidence of public need and interest
must be shown by the applicant. The following criteria are
presented as guidelines in considering such public need or
interest:
PAGE 37
a. The proposed extension must be in accordance with
the officially adopted master utility plan.
b. The proposed extension must be such that it will be
able to serve other development areas.
C. The proposed extension must be supportive of the
city development guide.
d. The proposed extension will substantially help the
overall city economy. For example, it will serve a new
plant that employs over fifty (50) people.
e. The proposed extension will help alleviate a
critical community need. For example, it would open an
area for low-income housing that would not otherwise be
provided.
f. The extension, if for immediate health reasons, can
be construed as an overwhelming public need.
(b) Review procedure. The applicant for a request for
assistance must present a written application justifying public
need and interest. In addition, the applicant must present
written evidence that he has made every practical attempt to
secure needed easements. This evidence must include an
appraisal by an independent fee appraiser as to the current
market value and damages, if any, of the easement and documen-
tation that an offer has been made of at least the amount of
the appraisal. Such application shall be forwarded to the
chairperson of the development review committee for review and
recommendation. Upon notice of such application, the city, at
least ten (10) days prior to the hearing, will notify all
property owners within the proposed easement line and two
hundred (200) feet therefrom. A hearing of facts by the public
utilities board and planning and zoning commission with
recommendation to the city council will be required. The
determination of the city council will be final.
Sec. 34-46. Construction requirements before issuance of build-
ing permits.
The city engineer, at his discretion, may authorize building
permits within the subdivision if a development contract is
executed and the following condition is met: unless otherwise
provided for in the development contract, adequate water
installation and all-weather fire lanes or roads must be
complete to ensure adequate fire protection.
SECTION II. That Chapter 34 of the Code of ordinances relating
to "Subdivision and Land Development" is hereby amended by adding
to Section 34-114 entitled "Streets" by revising appendix A-7
PAGE 38
referenced in subsection
a new subsection "f" to
hereafter such sections
Sec. 34-114. Streets.
(9) entitled "Intersections" and by adding
subsection (17) entitled "Sidewalks" so
shall read as follows:
(9) intersections.
Appendix A-7 referenced in subsection c. of this section
adopted by Ordinance No. 88-103 is amended to read as
follows:
APPENDIX A-7
TEMPORARY TURN-AROUNDS
Minimum
* Minimum Thickness
Use
Outside Radius
Crushed Rock Asphalt
Residential
45'
6"
2"
Other Than
Residential
45'
10"
5"
* Turn-arounds require a 6" lime subgrade.
DISTANCE SPACING BETWEEN
INTERSECTING STREET CLASSIFICATIONS
Arterials
Collector
Local
Arterials 5,280
1,000
400*
Collectors 1,000
1,000
200
Local 400*
200
200**
* (if permitted)
100 feet minimum to the first intersection for
subdivision entrances off an arterial or collector
street where lots back up to the arterial or col-
lector.
(17) Sidewalks.
(f) Delay of sidewalk construction. Should the public
improvements required by Section 34-40, other than side-
walks, be completed by the contractor and developer and
the cost of constructing sidewalks is $25,000 or less, as
PAGE 39
determined by the city engineer, the developer may, in
lieu of constructing sidewalks along the frontage of
residential (single family or duplex) lots in the
development, deposit cash money in the amount of 110% of
the cost of completing the sidewalks with a bank in
Denton County as escrow agent pursuant to an escrow
agreement.
1. The form and provisions of the escrow agreement shall
be approved by the city engineer and city attorney to
insure the completion of the sidewalks within three (3)
years of the acceptance by the city of the other public
improvements in the development. The escrowed funds will
guarantee the construction of the sidewalks by the
builders in the development. If the sidewalks are not
completed by the builder and accepted by the city within
three years, the developer shall complete the construc-
tion of sidewalks in the development and the escrow funds
shall be released to the developer upon acceptance of the
sidewalks by the city. Should the developer fail to
complete the sidewalks when directed by the city to do
so, the city shall utilize the escrow funds to complete
construction. No additional building permits will be
issued in the development until all sidewalks are
completed and accepted by the city.
2. A builder or owner of improvements upon a residential
lot shall not be granted occupancy until the sidewalk in
front of such lot has been completed and accepted by the
city. Should a sidewalk along the frontage of an entire
block of residential lots be completed and accepted by
city, the proportional amount of the cost of the side-
walks completed on such block as such cost compares to
the total cost of sidewalks to be completed in the
development shall be released to the developer by the
escrow agent. This provision is an exception to the
requirements of Section 34-42(b) of this chapter.
SECTION III. That Chapter 34 of the Code of Ordinances
relating to "Subdivision and Land Development" is hereby amended by
repealing Section 34-127 entitled "Development on existing lots
that were previously approved by the city."
SECTION IV. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the vali-
dity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
PAGE 40
SECTION V. That any person who shall violate a provision of
this ordinance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
not exceeding Five Hundred Dollars ($500.00). Each such person
shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such violations
such person shall be punished within the limits above.
SECTION VI. That all provisions of the ordinances of the City
of Denton in conflict with the provisions of this ordinance are
hereby, repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this
ordinance, shall remain in full force and effect.
SECTION VII. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the city secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, wi hin ten (10) days of the
date of its passage.
PASSED AND APPROVED this the ~ day of 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: AP AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: PAGE 41