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