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1964-035 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON~ TEXAS~ PROVIDING GENERAL RULES AND REGULATIONS GOVERNING THE PLATTING, SUBDIVISION AND DEVELOPMENT OF LAND WITHIN THE EXTRA-TERRITORIAL JURISDICTION OF THE CITY OF DENTON, REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Code of Ordinances of the C~ty of Denton, Texas, is hereby amended by adding new Part Ia, Articles 13 091 through 13 099, to Chapter Thirteen of said Code of Ordinances which shall hereafter read as follows PART Ia SUBDIVISION REGULATIONS FOR EXTRA-TERRITORIAL JURISDICTION AREA ARTICLE 13 091 - PURPOSE These general rules and regulations governing the platting, subdivision and development of land within the extra-territorial jurisdiction of the City of Denton are adopted for the purpose of promoting the health, safety, morals, and general welfare and the safe, orderly and healthful development of the C~ty of Denton, Texas ARTICLE 13 092 - DEFINITIONS (a) Subdivision The term "subdlvlsaon" shall mean the d~vaslon of any tract or parcel of land into two or more parts for the purpose, ammedaate or future, of sale or bulldang development Thas term shall not ~nclude d~vls~on or development for agracultural purposes but shall anclude resubdavaslon (b) Re-Subdavaslon The term "re-subdlvasaon" shall mean the dlvlsaon of an exlstang subdavlslon, together wath any change of lot saze therean, or the re-locataon of any street lanes (c) The term "person" shall mean any ~nd~vadual, assoclataon, firm or corporataon ARTICLE 13 093 - SUBDIVISION APPROVAL AND PLATTING PROCEDURE All subdlvasaon of land wathan the extra-territorial juris- diction of the City of Denton, Texas, shall be platted, approved and developed in accordance w~th the provisions of these Sections and the City of Denton will not recognaze any subdavasaon or permat the constructaon of any building or furnash any servace by City utilities or street maantenance unless all of the following requarements are satlsfaed (a) Using the General Requarements of Sectaon 7 as a guade, a preliminary plat complying w~th the provisions of this Sectaon shall be submitted, through the Director of Planning, to the Planning and Zoning Commasslon for approval at least 10 days an advance of the meeting at whach approval as requested (b) After approval of the prelamanary plat and compliance with any condltaonal approval, a f~nal plat complying w~th the prov~saons of th~s Section shall be submatted, through the Darector of Planning, to the Planning and Zonang Commassaon for approval at least 10 days ~n advance of the meetang at whach approval is requested (c) The fanal plat, as approved by the Planning and Zoning Commlssaon, shall be presented by the D~rector of Planning to the Caty Councal for review and approval before the plat as released for filing w~th the County Clerk (d) Ail water distribution and sewage collection systems, if any, including necessary extensions of existing mains within or outside of the subdivision, shall be installed, at the expense of the subdivider, as provided in Section 4 (e) All street, eurb and gutter, and drainage improvements shall be completed, or security for the same deposited, as provided in SectlQn 5 ARTICLE ~--8~- PRELIMIS]ARY PLATS Any person desiring to subdivide any land within the City of Denton shall first submit to the Director of Planning five (5) copies of a preliminary plan or plat drawn to a Gale of 100 feet to one inch or larger, which shall contain or be accompanied by the fol&owlng information (a) the name of the subdivision, (b) north point, scale and date, (c) distinct indication of subdivision boundary lines existing building lines, and the width and location of existing and proposed streets, alleys and easements wlthln or ad3acent to the property, (d) the names of the proposed new streets, (e) location and names of all ad]olnlng subdivisions and properties in sufficient detail to show connection of proposed development axt improvements with surrounding improvements, (f) layout, numbers and dimensIons of proposed lots, (g) contours sufficient to accurately show the topography (contours and all grades in the subdivision must be referred to a Geodetic Survey, or to State H~ghway Department or City of Denton bench marks and the contour intervals shall not ~xceed two feet), (h) physical features of the property including existing and proposed locations of water courses, culverts, bridges, railroads and all other significant structures and features, (1) location and dimensions of existing water and sewer mains, if any, and any other public utilities in the area, (3) preliminary plans for water distribution and sewage col- lection systems and drainage, including necessary easements and construction outside the subdivision, (k)designation of adequate off street parking facilities for any proposed business area in the subdivision, 3 (1) a v~¢lnlty or key map on a smaller scale showing the proposed subdivision an ~ts relationship to the surrounding area and to the nearest subdlv~slon ~f none is adjacent to the property, and (m) any other ~nformatlon requested by the Director of Plannlng to aid in the proper processlng of the plat prlor to presentation to the Planning and Zoning Commlsslon 13. Og~- ARTICLE ~ - FINAL PLATS After the preliminary plat has been approved or conditionally approved by the Plannlng and Zoning Commission and after all required changes and alterations have been made in the plan, five (5) coples of the flnal or record plat, together with a sepia copy thereof, shall be submitted to the Director of Planning for presentation to the Planning and Zoning Commission and the final plat shall show or be accompanied by the following (a) the t~tle or name by which the subdivision is to be identified, (b) north polnt, scale and date, (c) the names of adDacent subdivisions and the names of streets, (d) the numbers of lots and blocks ~n accordance w~th a systematic, consecutive numbering arrangement (e) an accurate boundary survey of the property subdivided, noting the bearings and distances of the s~des, same belng referenced to original survey l~nes or established subdivisions, and showing the l~nes of all adjacent lands and properties, (f) references to permanent survey reference monuments which shall be established on at least one block corner of each street ~ntersectlon, (g) l~nes of streets, alleys and easements, noting the w~dth and name of each, and the streets, alleys and easements of adjacent subdivisions in a different manner than those of the proposed subdivision, preferably dotted or dashed, (h) the location of all lots, streets, h~ghways, alleys, ease- ments, parks, playgrounds and other features with accurate dlmenslons g~ven in feet and decimals of a foot, and showing the length of rad~l, deflectlon angles, and of arcs of all curves, tangent distances and tangent bear- ~ngs shall be g~ven for each street and all such data shall be complete and sufficiently precise to permit accurate location upon the ground, (1) building lines of front and side streets, dotted or dashed, and the location of utility easements shown in dashed lines, (]) a properly executed dedication of all streets, highways, alleys, parks and playgrounds, and other lands intended for use of the public, such dedicatory instrument to he signed by the owner or owners and by all mortgage or lien holders, (k) any restrictive covenants in a separate instrument in proper form for filing, (1) a receipt indicating that all taxes are paid on the property (m) proper certification, upon the face of the plat, by a registered civil engineer or llcensed land surveyor that plat represents a survey made by him and that all necessary monuments and lot markers have been installed and are accurately and correctly shown upon the plat, (m) a certificate by the owner or owners of the subdivision acknowledging the requirement of the completion of all water distribution and sewage collectIon systems and all street, curb and gutter, and drainage improvements, at the expense of the subdlvlder and guaranteeing the perfor- mance of same, (o) three complete sets of construction plans for the water distribution and sewage collection systems which shall provide for the installation in such a manner as to obvi- ate the necessity for disturbing the paving and curb and gutter in order to connect any lot or building to the systems, and (p) three complete sets of the plan and profile of streets, curb and gutter, and on-site and off-site drainage construc- tion /3. ARTICLE ~ - WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEMS (a) Spec lflcatlon s The Director of Planning shall prepare and maintain in , h~s office the City of Denton specifications for water distribution and sewage collection systems (b) Systems Requmred Before Construction Approval of the final plat by the Planning and Zoning Com- mission and the City Council shall obligate and authorize the subdivider to install water distribution and sewage collection systems in the subdivision at his own expense in accordance with the construction plans submitted with the final plat and the City of Denton specifications, pro- vlded, however, that if the subdivider shall enter into contracts with reputable contractors for such construction according to the plans and City specifications and make an escrow deposit in the total amount of the contracts, w~th a Denton bank to be paid to the contractor as the improve- ments are completed upon the 3olnt release of the subdivider and the Director of Planning for approved portions of the work, and such escrow arrangement shall provide that the City of Denton shall be entitled to the proceeds, upon failure of the contractor to complete the contract, for use in completing the work or, the subdivider shall file with the D~rector of Planning a corporate surety bond in a sum equivalent to the total cost of the systems and guaranteeing the ~nstallatlon of same w~thln a t~me to be stated in the bond, and the subdivider may then construct model homes in such subd~vlslon upon the condition that no such model home shall be occupied as a residence until such systems are fully installed and in operation, and provided further, that such subdivider shall have delivered to the Director of Planning an indemnity agreement which shall bind the subdivider to indemnify the "City of Denton, Texas, against any and all claims for damages which might in any manner arise out of the failure of the subdivider to provide water distribution and/or sewerage connection systems, as afore- said, or any failure of the City of Denton to require the installation of such systems, as aforesaid" (c) Participation by C~ty in Cost of Oversize Mains The C~ty may participate an the cost of any oversize lines required to serve land areas and ~mprovements beyond the subdivision and the terms of such participation w~ll be determined by the City Council at the time of the approval of the final plat (d) Septic Tanks No septic tank installation shall be permitted at any location where a sanitary sewer main ~s w~thln 100 feet of the property requiring service and normal sewer installation would be required, and where septic tank installations are necessary no such system shall be permitted without inspection and approval of the Plumbing Inspector Septic tanks must conform to the m~n~mum standards established by the State of Texas and the Department of Health (e) Water Wells Where fresh water mains are not w~thln 100 feet of the property requiring serglce, or normal installation is not available, other water systems may be employed if they conform to the minimum standards established by the State of Texas and the Department subject to the approval of the City Planning and Zoning Commission (f) Maintenance Bond A one year maintenance bond in the amount of ten percent (10%) of the total contract price shall be flied w~th the Dlrector of Planning prior to the flnal acceptance of the systems (g) As-Built Drawings One set of as-built drawings of all underground utilities shall be f~led w~th the D~rector of Planning w~th~n 20 days of the f~nal acceptance of the systems ARTICLE ~ - STREET, ALLEY, CURB AND GUTTER AND DRAINAGE IMPROVEMENTS (a) Specifications The D~rector of Planning shall prepare and maintain ~n his off~ce the City of Denton specifications for street, alley, curb and gutter and drainage ~mprovements (b) Requared Before Bu~ldang Constructaon Praor to constructang any building wathan the subd~vasaon, the subdavlder shall (1) anstall all street, alle~ curb and gutter and drain- age improvements, ~ncludang the necessary connections outside of the subdivision at his own expense and in accordance wath the construction plans submatted wath the fanal plat and the City of Denton specaflcataons, or (2) ~n l~eu of the actual completaon of the improvements, the subdivider shall enter into contracts wath reput- able contractors for the construction according to the plans and Caty specaflcatlons and make an escrow deposit an the total amount of the contracts, wath a Denton bank to be paad to the contractor as the improve- ments are completed upon the joint release of the subd~vader and the Director of Planning for approved portions of the work and such escrow arrangement shall provide that the C~ty of Denton shall be entitled to the proceeds, upon failure of the contractor to complete the contract, for use in completing the work, or (3) the subd~vader shall file wath the D~rector of Planning a corporate surety bond ~n a sum equivalent to the total cost of the improvements and guaranteeang the lnstallataon of same w~th~n a tame to be stated in the bond, or (4) any co~]~anataon of the above (c) Maantenance Bond Prior to the f~nal acceptance of any street, alley, curb and gutter or draanage improvement, a one year maintenance bond shall be faled an the amount of ten percent (10%) of the total contract prate (d) As-Built Drawings One set of as-built drawings of all street, alley, curb and gutter and drainage improvements shall be filed with the Director of Planning within 20 days of the final approval of the improvements (e) Improved Alleys Required in Certain Subdivisions Alleys in subdivisions where utilities services are pro- vlded in the rear of lots shall be dedicated at least twenty feet in width and shall be improved at the expense of the subdivider in accordance w~th City of Denton specifications for same /3 ARTICLE ~- FILING FEES Each subdivider shall pay to the Director of Planning, at the time of filing of each preliminary or final plat, a fee of Five Dollars ($5 00) No plat shall be presented to the Planning and Zoning Commission unless the required fee shall have been paid in advance ARTICLE ~ - GENERAL REQUIREMENTS (a) Conformance with Surrounding Land Use In general, the proposed subdivision shall conform to the general land use patterns existing in the area, to the Master Plan and the parts thereof (h) Street Arrangement and Width The arrangement of streets in the subdivision shall pro- vide for the continuation and extension of maDor and secondary thoroughfares Such thoroughfares shall be of the width recommended by the City Planning and Zoning Commission Minor residential streets in the subdivision shall provide convenient circulation of local traffic w~thln the subdivi- sion and adequate access to all building lots within the subdivision Off-center street intersections will not be approved except in unusual cases Parkways and boulevards shall be of such width as may be designated by the Planning and Zoning Commission (c) M~nlmum Street Width As a general rule, the dedicated portions of minor resi- dential streets shall not be less than fifty feet (50') wide, collector streets not less than sixty feet (60') wade, and ma3or arterial thoroughfares not less than eighty feet (80') wide (d) Connection With Existing Streets In order that properJrelatlonshlp of new subdivision streets may be maintained w~th adjoining streets and land, the system of streets in a new subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions that have been platted There must, an general, be a reasonable projection of streets in the nearest subdivided tracts, and the same must be continued to the boundaries of the tract subdav~ded, so that other subdivisions may be connected therewith (e) Arrangement of Larger Lots Where a tract of land Ks subdlvlded into parcels that are larger than normal building lots, such parcels shall be arranged to permit the opening of future streets and a logical ultimate resubd~v~s~on (f) Dead-End Streets, Courts, Cul-de-sacs or Places Except ~n unusual cases, dead-end streets wlll not he approved unless such dead-end streets are provaded in such manner as w~ll permit connectlon with future streets · n ad]aoent lands Courts, cul-de-sacs or "places" may be provlded where the shape of a portaon of the proposed subdivision or where the terrain of the land would make ~t d~ff~cult, uneconomical or unreasonable to plat with connecting streets These courts, cul-de-sacs or "places" shall be so arranged as to provade access to all lots and shall, generally, not exceed four hundred feet (400') an length A turn-around must be provaded at the closed end having an outside radius of not less than s~xty feet (60') In general, no reserve str~ps controlling access to land dedicated or to be dedlcated to public use shall be permatted (g) Block Lengths and Pedestraan Walks Block lengths, generally, should not exceed one thousand, two-hundred feet (1200') an length In blocks of over one thousand feet (1000') length or more, there shall be pro- v~ded near the center of the block a utility or pedestraan easement or walk, the walk to be paved to a wadth of not less than five feet (5') (h) Alleys ~n Bus~ness and Resldent~al Areas Alleys or loading courts of a m~nlmum wldth of twenty feet (20') paved surface or, in lleu thereof, adequate off- street loading space, shall be provided an bus~ness blocks Alleys are not required ~n residential d~str~cts, except that same shall be provided where alleys or adDacent sub- d~v~s~ons already platted would be closed or dead-ended by failure to provide alleys an the new subdlvlsaon (i) Easements - Res~dentaal Areas (1) Each residential block that does not contaln an alley as provided for an Subsectlon (h) hereof, shall have a utility easement reserved for the use of all public utlllty l~nes, condu~ts and equapment These utility easements shall be saxteen feet (16') in w~dth and shall be contanuous for the entlre length of the block These easements shall parallel as closely as possable the street l~ne frontage of the block The easement shall be considered as part of the lot area for purposes of the man,mum lot s~ze requarements of thas chapter (2) If the owner of the property upon whach the utllaty easement ~s located desires to use ~t for lawn purposes, fencing across the easement shall be permitted but gates along the side lot lanes must be provaded The gates shall be sixteen feet (16') wide (two eight foot gates) and shall be capable of being opened and closed at all t~mes These gates shall be secured in the center by a drop rod or some similar device which does not obstruct free passage over the easement The drop rod may be lowered into a drop rod keeper installed so as to be flush wlth the ground level No permanent-type center pole for the gates may be erected on the easement. (3) Post and chain gates in accordance with City of Denton specifications for same shall be installed at the ends of the utility easements and shall be capable of being opened, closed and locked at all times (4) Maintenance of the easement shall be the responslblllty of the owner of the property upon which it is located It shall be the duty of the property owner to keep the area across, over or under th~s easement clear of any structure, debris, vegetation, trees, shrubs or landscaping whatsoever except that lawn grass which shall be regularly mowed and controlled may be grown thereon (5) Normal curb exposure shall be required where utility easements intersect streets (6) Over-hang easements for electric and telephone llnes of at least five feet (5') on each side of the s~xteen feet (16') easement strip at a helght at or above eighteen feet (18') shall be provided (7) Where the easements are not themselves straight within each block, or if the same do not connect on a straight course with the easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot d~vlslon lines ~n order to support poles set on curving or deviating r~ghts-of-way or alleys (8) Property owners who do not desire to use this easement for lawn purposes may fence their back yard area at the easement line The property owner will be responsible for the maintenance of said unused easement area even though it be located beyond the rear fence of the property (j) Curb Rad~ Curb~dll at street intersections shall be not less than twenty feet (20') and property lines shall be adjusted accordingly (k) Minimum Lot Dimensions The minimum dimensions for residential lots ~n subdivisions shall be sixty feet (60') in w~dth and generally not less than one hundred-twenty (120') feet in length, unless the Plannlng and Zoning Commlsslon, for reasonable cause or for special reasons, may otherwise approve In no case shall a rectangular or ~rregularly shaped lot contain less than 6,000 square feet ~n area (1) Corner Lots Corner lots shall be zncreased zn s~ze whenever necessary so as to provide that any structure to be placed thereon shall conform to the bu~ldmng lane of each street ~n accordance wzth the Caty of Denton speclfacatlons therefore (m) Double Frontage Lots Double frontage lots are undeszrable and should not be allowed zf at all possible to avoid them (m) Szde Lot Lznes Side lot l~nes, insofar as practzcable, shall be at right angles or radial to street lznes (o) Building Lines Bumldlng l~nes shall be shown on all lots ~ntended for reszdent~al usage Whenever required by the Plannzng and Zoning Comm~sszon, building lznes must be sho~n on lots ~ntended for business usage (p) Ava~labzl~ty of Water and Sewer Facilities The Planning and Zoning Commission w~ll refuse to approve a plat whenever ~t ~s evzdent that adequate water and sewer facilities cannot be supplzed wzthln a reasonable tzme (q) Land Subject to Floodzng Land sub~ect to flooding and land deemed by the Planning and Zoning Commzsslon to be unznhab~table shall not be platted for res~dentzal occupancy nor shall zt be platted for such other uses as may increase danger to health, lzfe or property or aggrevate the flood hazard, but such land w~thzn the plat shall be set aside for such uses as shall not be endangered by periodic or occasaonal inundation or shall not produoe unsatisfactory llvlng condztlons (r) Parks, Schools, Playg~ouds, Ere S~tes suitable for parks, schools, playgrounds or other public usage, as required by the C~ty, should be carefully considered zn collaboration wzth the C~ty Plannlng and Zonzng Conm~lss~on and so andmcated upon the prellmlnary plat so that ~t can be determzned as to sate conformity to the recommended locatzons as are znd~cated upon the Master Plan and so that they can be duly placed upon the f~nal record plat for ded~catzon Such sites should be an conformzty to the general requirements of the Plannzng and Zoning Commlsszon ~n keepzng wzth modern city plannzng prznczples and shall be of adequate size as recommended by the Planning and Zoning Co~ss~on and as may be required by the C~ty under its polzcles and spec~fzcatzons (s) Variations Variations and modifications of the General Requirements as above outlined will be made by the Planning and Zoning Commission when in its judgment, special or peculiar factors and conditions warrant such variations and do not affect the general application or spirit of the rules and regula- tions, Or the Master City Plan of the City The Planning and Zoning Commission shall be the judge in all cases regarding the application of the foregoing rules and regulations Advice and cooperation is offered and will always be freely given by the Director of Plannlng and members of the Planning and Zoning Commission SECTION,II That all ordznances or parts of ordznances ~n force when the prov~slons of thls ordlnance become effectzve whlch are ~nconslstent or ~n confl~ot wzth the terms or provls~ons contained in this ordinance are hereby repealed to the extent of any such conflzot SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word ~n th~s ordinance, or appl~catzon thereof to any person or c~rcumstances zs held ~nval~d by any court of competent jurisdiction, such holdzng shall not affect the validity of the remalnlng portions of thzs Ordlnance. and the Clty Councll of the Clty of Denton, Texas, hereby declares at would have enacted such remazn~ng portions desplte any such ~nval~d~ty SECTION IV. That th~s Ordznance shall become effeotlve fourteen (14~ days from the date of its passage, and the C~ty Secretary zs hereby d~rected to cause the caption of this Ordznance to be published twice in the Denton Record Chronlcle w~thln ten (10) days of the date of ~ts passage ~ ~Qj PASSED AND APPROVED th~s /f-W~ay of , A D . 1964 Warren Whztson, Jr , Mayor Czty of Dentont Texas ATTEST APPROVED AS TO LEGAL FORM