2005-228ORDINANCE NO. zoo J-- 2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA05-
0008)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 16 of the Development
Code; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are true and correct.
SECTION 2. Subchapter 16 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All
other provisions of Subchapter 16 not inconsistent with this amendment shall remain in full force
and effect.
SECTION 3. The provisions of Section 1-12 and Subsections 35.10.4A and B do not
apply to this ordinance.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately from and after its
passage.
PASSED AND APPROVED this the '-04day of 2005
EULINE BROCK, MAYOR
S:\Our Documents\Ordinances\05\DCA05-OOOS.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: d
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2
EXHIBIT A
Subchapter 16 - Subdivisions.
tip
Sections:
35.16.1
Authority.
35.16.2
Purpose.
35.16.3
jurisdiction.
35.16.4
Application
35.16.5
Compliance and Enforcement.
35.16.6
Approval of Plat Required.
35.16.7
Lots, Access and Common Areas.
35.16.8
Application and Fees.
35.16.9
iaredesigaPreapplication Conference.
35.16.10
General Development Plan.
35.16.11
3S
46
A;
Preliminary Plats.
-P;Afs
Frost
.
.
33-16a-3
,
.
ReAae35.16.12Fina1 Plats.
35.16.13
ReplaL
35.16.14
Amending Plat.
35.16.15
Minor Plat.
35.16.16
Vacating Plat.
35.16.17
Conveyance Plat.
35.16.18
Development Plats.
35.16.19
x [ 6
20
Gas Well Development Plats.
Eoik3ttH2t
:
.
35.16.20
a
~rr.
35.16.1 A" h(Ift+r onstmctwn.
35.16.1 Authority.
This Subchapter is adopted under the authority of the constitution and laws of the State of Texas,
including Chapters 42, 43 and 212 of the Texas Local Government Code, as amended.
35.16.2.
This Subchapter is adopted for the following purposes:
A. To protect and promote the public health, safety, and general 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 Denton Plan and the Denton Development
Gedde.Code.
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-development.
EXHIBIT A
35-16.3 -Ju4sefintien 35.16.3 Jurisdiction.
This Subchapter 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 Subchapter. The territorial jurisdiction of the
City shall be defined as follows:
A. The area within the corporate limits of the City;
B. The area within the extraterritorial jurisdiction of the City; and
C. Any other area to which the provisions of this Subchapter are made applicable in accordance
with and as permitted by federal, state or local laws.
35.16.4 Application.
A. Land Included.
Except where otherwise specifically provided for in this Subchapter, all the provisions of this Subchapter
shall apply to the following lands located within the territorial jurisdiction of the City:
1. Anv tract of land which has not been recorded by plat in the plat records of Denton County,
Texas, and which is intended to be sold, leased, or otherwise subdivided from another tract
of land or which is intended or proposed to be used for the purpose of development.
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 Subchapter.
3. The division of any previously platted lot into two (2) or more parts.
4. The removal of one (1) or more lot fines 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.
B. Expiration of Dormant Projects.
Any general development plan, preliminary plats, final plats, replats, amending plats, conveyance plats or
development plats that are dormant according to the provisions of At-ft. Seetien
245.005 e,'ernaa 1999, ~s Tex. Loc. Gov't. 5245 005 as amended. shall expire on May 11, 2004.
C. Environmentally Sensitive Areas (ESA) Regulations.
The flood plain provisions of Subchapter 17 shall apply to any land within the extraterritorial jurisdiction
of the City.
D. Development Standards and Requirements in the Extraterritorial jurisdiction.
1. The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as
indicated on the map on file in the planning and Development Department.
a. All of the provisions of this Subchapter governing subdivision and development
standard for subdivisions within the city shall apply to all subdivisions and
developments within Division 1.
b. 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 in the extraterritorial jurisdiction comprising Division 2
is not required and such subdivisions and developments must comply only with
development or plat requirements of Denton County and state law.
2. The planning and Development Department is directed to consider amendments to the
regulatory line map whenever the certificate of public convenience and necessity for water
and wastewater services is amended by that state or when directed by the City Council. Any
amendments shall not be effective until the revised regulatory fine map is approved by the
City Council.
EXHIBIT A
35.16.5 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 Subchapter applies,
except in accordance with and upon compliance with the provisions of this
S_beliftf.'_r.Subchapter.
B. The City shall not issue a building permit or certificate of occupancy required by any Subchapter
of the City for any land located within the corporate limits to which this Subchapter applies, until
and unless there is compliance with this Stibehxpter. bcha ter.
C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex
Loc. Gov't. Code . 21~C, 2'012. as amended.
D. 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 of any
such dedicated parts until the proper authorities of the City have both given their written
acceptance of the improvements and have actually appropriated the same by entry, use, or
e"+-
3 5.16.6 Approval of Plat Required.
A. Prior to the subdivision, resubdivision, or development of anv land within the City, or its
extraterritorial jurisdiction, all plans, plats, and construction plans for public improvements shall
first be approved in accordance with these regulations except as &14~- follows.
1. The division of land into two (2) or more parts, other than for purposes of development, if
the smallest resulting parcels, tract or site is forty (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 (excluding sidewalks) are not required to
support the proposed development.
3. Construction of additions or alterations to an existing building where no drainage, street,
utility extension or improvement, additional parking or street access changes required to
meet the standards of this Subchapter are necessary to support such building addition or
alterations.
4. Dedication of easement or right-of-way by separate document recordable in the County
records if approved by City.
5. Cemeteries complying with all state and local laws and regulations.
6. Divisions of land created by order of a court of competent jurisdiction.
7. A change in ownership of a property through inheritance 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 Planning and Zoning Commission or the Development
Review Committee Chairman in accordance with these xegu66-.regulations.
EXHIBIT A
C. Excepting agricultural leases, 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
Planning and Zoning Commission or the Development Review Committee Chairman as required
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 regulations, the plat has been recorded, public improvements
have been accepted (if applicable), and no private improvements shall take place or be
commenced except in conformity with these eegu46~.xegtdations.
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 Planning and Zoning
Commission or the development Review Committee Chairman in accordance with the
provisions of these regulations and filed with the county eleele. lerk.
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.
35.16.7 Lots, Access and Common Areas.
A. Lot size. The size, width and depth of subdivision lots shall conform to the zoning requirements
for the area.
B. Access to street. Each lot shall be provided with adequate access to an existing or proposed
public street. Development adjacent to existing public streets shall include the required
improvements in accordance with the city's perimeter street policy. Each residential lot shall have
a minimum of fifteen (15) feet of frontage along an existing or proposed public street and each
non-residential lot shall have a minimum thirty (30) feet of frontage along an existing or
proposed public street except as follows
1. Single Family Residential Private Drive. Up to three (3) single family residential dwelling
units may access a public road by means of a flag drive within a private access casement as
provided in the Transportation Criteria Manual. Each residential lot shall have a minimum
of fifteen (15) feet of frontage on the private access easement.
2. Non-Single Family Residential Private Drive. Non-Single family residential lots within a
subdivision or addition that is surrounded by developed property making it unfeasible to
provide street connectivity, do not have to abut a public street if such lots have access to a
public street by a public access and fire lane easement approved by the City. The easement
must be at least 24 feet wide and constructed, marked and maintained to meet the standards
for parking lots as contained in the Transportation Criteria Manual and for fire lanes as
contained in the Fire Code. The stacking requirements for public streets shall apply to the
public access and fire lane easement at the point where it intersects with a public street. In
addition, the public access and fire lane casement shall be considered a driveway or curb cut
access to the public street for all such lots. Each non-residential lot shall have a minimum
thirty (30) feet of frontage on the public access and fire lane easement.
C. Facing. Wherever feasible, each lot should face the front of a similar lot across the street. In
general, an arrangement placing facing lots at right angles to each other should be avoided.
D. Common area and facilities. Such area shall be noted on the plat and also have filed with
county homeowner's association covenants approved by the city attorney or other arrangements
for permanent maintenance of these areas and facilities as may be approved by the Planning and
Zoning Commission.
EXHIBIT A
35.16.8 Application and Fees.
A. General. Any person seeking approval of any general development plan, preliminary plat, final
plat, replats, amending plats, minor plats, conveyance plat, or development plat for any land
required by this Subchapter, shall submit an application (the "Application") accepted for filnng by
the ,llevclopment Review Chair ("DRC Chair"along
with the applicable fees. N
applications shall
be accepted for filing unless the stpg&extion,,Application. supporting documents and fees are
submitted in accordance with this section and the Application Criteria Manual. Applicants will
be notified of the acceptance or rejection of their application within 10 working days of the
submittal. The basis of the rejection will be included in the notification.
processing unless it is accompanied by all documents required by and prepared in accordance
consistent with the application contents and standard et forth in the ReWilatioa The DRC
Chair also may promulgate a fee for review of the application for completeness No Application
for preliminary_ plat approval for more than 100 acre shall be deemed complete if it is not
accompanied by information showing compliance with the extension of offsite water and
wastewater facihties standard set forth in Section 35.16.1 1f3
B Incompleteness as Grounds for Denial The processing of an application by any City official
or employee prior to the time the Application is determined to be complete shall not bind the
City as the official acceptance of the Application for filing and the incompleteness of the
Application shall be grounds for denial or revocation of the Application A determination of
completeness shall not constitute a determination of compliance with the substantive
requirements of the Regulations
C. Time for Making Determination. Not later than the tenth business day after the submission
of the Application- the DRC Chair shall make a determination in writing whether the Application
expire if the documents or other information are not provided
D. When Deemed Complete An Application will be deemed complete on the 11th business day
after the Application has been submitted if the Applicant has not otherwise been notified that
the Application is incomplete. Such notification may be by written instrument email or in the
Citv's permit tracking nrogram. Notice is deemed to occur upon dispatch or nublication_ not
upon receipt.
EXHIBIT A
F. Time for Completing Application If an Application is not completed on or before the 45th
day after the original submission date of the Application the Application will be deemed to have
expired and it will be returned to the applicant together with any accompanvinE document
Thereafter, a new Application must be submitted The Cily may retain any fee paid for reviewing
the Application for completeness
F. Proposed Use Must be Permitted Notwithstanding any other provisions of this Subchapter
or applicable ordinances and regulations to the contrary an Application shall not be considered
complete unless accompanied by a copy of the zoning ordinance or other certification verifying
that the use proposed in Application is authorized by the zoning district in which the property is
located or is otherwise authorized by law. For newly annexed land that has not been zoned no
Application will be deemed complete for any uses intensities of use dimensions or for sizes not
authorized by Rural Residential (RD-5) Zoning District
-35.16.9-Pre-application Conference.
development submitted or discussed as a parr of the pre-application conference hall not be
considered a plan plat or permit application but will be considered an informal request for in2ut
prior to the actual plat plan or permit application
35.16.10 General Development Plan.
A. Purpose.
The purpose of the general development plan is to provide for review of certain developments for
compliance with The Denton Plan, the Denton Development Code, and Infrastructure 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 or conveyance plat-plat.
B. Application.
TheA General Development Review Got"- ee l 'Plan is not permitted in the extraterritorial
jurisdiction. The DRC Chair will determine during the pfedesigaapre-application conference whether a
general development plan or a preliminary plat shall be required in accordance with the purpose stated in
this Subchapter. When a development is a portion of a large tract under one (1) ownership, is proposed to
he developed in phases or was not legally subdivided, the developer may be required to submit a general
development plan for review and approval by the Planning and Zoning Commission. Generally, a general
development plan shall be required for, but is not limited to, any development whieFrwhich.
1. If the property under consideration is undeveloped, is under one ownership and is greater
than twenty (20) acres; or
Z 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.
The general development plan shall contain such information that may be required by the Development
Review Committee which is reasonably necessary to review and determine whether the proposed
EXHIBIT A
development and required facilities meet the requirements of this Subchapter and the Application Criteria
Mamra6Manual
D. Standards for approval.
The Planning and Zoning Commission shall approve the general development plan if the plan complies
with the fellowing~;a;en,r:atrall the following requirements
1. Conforms to infrastructure policies identified in The Denton Plan, and any other Cirv
infrastructure master plan and the City's current and future parks and playground
°-`,-mot=e cihties:
2. Conforms to the extension of the City's infrastructure within the municipality and in its
extraterritorial jurisdiction, as identified in The Denton Plan, and any other City of Denton
infrastructure master phs plan:
3. Conforms to any rules adopted under Section 212.002 or as set forth in the Application
Criteria Marttts~Manual:
4. Complies with all City construction sram#a . tandards: and
5. Complies with all applicable laws and Subchapters.
E. Planning and Zoning Commission Action.
The general development plan shall be submitted, along with the applicable fee, in the number and form
specified by the Application Criteria Manual. The plan shall be submitted to and reviewed by the
Development Review Committee for its recommendation to the Planning and Zoning 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 Planning and Zoning ean---->_-i -.C ommission.
F. Expiration of General Development Plans.
?VFxcepr for general development plans filed prior to the effective date of this Subchapter a general
development plan shall become null and void twenty -four (24) months after it >raral-from the date of
approval by the Commission. unless a preliminary plat is sooner approved by the Commission for all or
part of the land subject to the general development plan. The approved preliminary plat will supercede the
general development plan to the extent of the land covered by the preliminary plat and shall extend the
expiration date for the remaining portion of the original general development plan for another period of
twenry-four (24) months. The ftppli.co.:; :-ft; ;,'cu,i~ fae
G. Extension of General Development Plan
e!t"fensiarrs-~`'Che Commission may crtend a general developme tt plan or any phae thereof foe a period
not to exceed six (6) months on the written request of the applicant The request must be considered by
the Commission before the general development pljtn, with no sittgle _
plan or phase expire and must document the reasons for the extension in determining whether to grant
a request the commission shall take into account the reasons for the requested extension, the ability of the
applicant to comply with any conditions attached to the original approval whether extension is likely to
conditions they deem appropriate to assure that the land will be developed in a timely fashion and that the
public interest is served, including compliance with one or more new adopted development standards
35.16.11 Preliminarv Plats.
A. Purpose and applicability.
EXHIBIT A
A preliminary plat shall be required for all proposed developments or subdivisions of land, except where
otherwise provided for in this Subchapter. The required preliminary plat is intended to provide sufficient
information to evaluate and review the general design of the development to insure compliance with The
Denton Plan, the Denton Development Code, and the Thoroughfare Plan, and the requirements of this
Subchapter. Where a general development plan is required, the preliminary plat shall conform to the
approved development hr..
B. Contents of Preliminary Plat.
The preliminary plat shall contain such information as may be required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
required facilities meet the requirements of this
Ms:msl-Subchapter thi De elopment Code the Application Criteria Manual and all other applicable
Criteria Manuals. including without limitation, the Environmentally Sensitive Areas Standards referenced
in Subchapter 17, the Land Disturbing Activities referenced in Subchapter 18 the Drainage Standards
referenced in Subchapter 19, the Transportation Standards referenced in Subchapter 20 the Water and
Wastewater Standards referenced in Subchapter 21and the Electric Standard referenced in Subchal2ter
24.
C. Procedure for approval.
1. Submittal. The application, copies of the preliminary plat, and all required studies and
analyses, along with any applicable fee, shall be submitted in the form and number specified
by the department. An application shall not be considered filed until it has been accepted
for filing by the Department. Applicants will be notified of the acceptance or rejection of
their application within 10 working days of the submittal. Basis of the rejection will be
included in the notification.
2. Development Review Committee review. After the Department has accepted the
application for filing the Development Review Committee shall review the preliminary plat
for compliance with the requirements of this Subchapter. The applicant shall be afforded an
opportunity to meet with the Development Review Committee to receive comments and
recommendations on the sufficiency of the plat. The applicant may make any recommended
or desired changes, corrections, or modifications. The Development Review Committee
shall forward the preliminary plat to the Planning and Zoning Commission along with its
recommendation.
3. Standards for approval. The Planning and Zoning Commission shall approve the
preliminary plat if the plat eomplies achieves all the following stntetneatsastandnrds.
a. Conforms with the general development plan as provided in this
8ubehapfet,Subchapter.
b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys,
parks, playgrounds, and public utility facilities.facilities;
C. Conforms to The Denton Plan for the City's future land uses, extension of the City's
roads, streets, and public highways within the municipality and in its extraterritorial
jurisdiction as shown on the Denton Mobility Plan, taking into account access to and
extension of sewer and water mains and the instrumentalities of public afihiies.mili i s
d. Complies with all applicable sections of the Criteria iMstswAs,Manuals:
e. Complies with all applicable laws and SuhehspterrSubchapters: and
f The proposed provision and configuration of roads water wastewater and drainage
facilities. and easements and rights-of-way are adequate to serve the subdivision and
meet applicable standards in a timely and efficient manner in conformance with the
standards in Subchapters 19 through 21 and section 35.16.20.G.
D. Planning and Zoning Commission Action.
EXHIBIT A
IIf the preliminary plat does not meet the requirements of this Subchapter, the Planning and
Zoning Commission shall disapprove the plat or approve the plat with conditions to itrureensure
compliance with the requirements of this Subchapter. If the preliminary plat is disapproved, no
further action shall be taken on the application, until and unless a new application and
preliminary plat is submitted in accordance with this Subchapter.
E. Expiration of Preliminary Plat.
Except for preliminary plats filed prior to the effective date of thisxxtendxrerr Subchapter, a preliminary
plat shall become null and voidwiehin twenty-four 24 - ' - - ' - - -
npi
Rppfevtd fat au ftddi6omt! six (6) months from the date of approvalof ins! plat. F-ste t!ctet;si"„
Is se,by the Commission- unless a final plat is filed and approved for all or part of the preliminary plat
within that time or within the time provided by a 12hising schedule approved for the preliminary plat
Within six (G months of approval of the final plat for the first phase of the development or within such
successive phase, until final plats have been approved for all the land subject to the original
35.16.12 Final . rclimma , tat in cc rdan e wi h his section or a hasin sch ule
approved by the Commission If the applicant fails to receive approval for a final plat for any
phase of the development within the prescribed period or within any extension granted 12ursuant
to section 35 16 11 F- the original preliminary plat shill expire for that phase and for all other
phases for which a final plat has not been approved or no longer remains in effect on the date of
expiration If an approved final plat expires the preliminary plat for that phase shall also expire
as well as for all other phases for which a final plat has not been approved or is not pending
approval or has lapsed subsequent to approval on the date of expiration.
F. Extension of Preliminary Plat.
The Commission may extend a preliminary plat or any phase thereof for a period nor to exceed
six (6) months on the written request of the applicant The request must be considered 1)), the
Commission before the preliminary plat or phase expires and must document the reasons for the
extension In determining whether to grant a request the commission hill take into account the
reasons for the requested extension- the ability of the applicant to comps with any conditions
attached to the original approval, whether extension is likely to result in timely completion of the
project and the extent to which any newly adopted regulations should be applied to the proposed
development. In granting an extension the commission may impose such condition as are
needed to assure that the land will be developed in a timely fashion • nd that the public interest i
served. including compliance with one or more new adopted development standard
35.16.12 Final Plats.
A. Purpose and Applicability.
A final plat of the property to be subdivided or developer is required of all developments to which
this Subchapter 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 public facilities and features which are necessary to serve the development, as required by
this Subchapter. For a development to be constructed in phases, the final plat may include only a
EXHIBIT A
portion of the land included in the preliminary plat and general development plan. The final plat shall
conform to the approved preliminary pkt~ViaL
B. land-Fxeluded:Land Excluded.
1. Where any requirement of this Subchapter is determined in reference to the boundary of the
property, 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 compliance with the requirement is reasonably necessary
to serve the property.
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
Subchapter or any other Subchapter.
3. Where any applicant seeks approval of a proposed plot for land that was subdivided in
violation of this Subchapter, state law, or any prior Subchapter, or the development cannot
provide adequate street access, street connections, or substantially comply with any other
requirement or standard of this Subchapter because of the unlawful subdivision, the
Planning and Zoning Commission may refuse approval of the development or plat.
C. Contents of Final Plat.
The final plat shall contain such information as may be required by the Development Review Committee
which is reasonably necessary to review and determine whether the proposed development and required
facilities meet the requirements of this Subchapter and as required by the Application Criteria
t laftual.Manual.
35.16.12.1 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
Citr-Cit
B. Responsibility of Project Engineer.
The Professional Engineer representing the applicant 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 design or engineering responsibility. The Design Professional 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 pha . lam .
C. Contents of Construction Plans.
The construction plans shall include such information as may required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
EXHIBIT A
required facilities meet the requirements of this Subchapter and as required by the Application Criteria
Manual and all City construction strtfldsrds.standards.
35.16.12.2 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 in the Application Criteria Manual.
B. Development Review Committee Review.
The Development Review Committee shall review the final plat and construction plans for compliance
with the requirements of this Subchapter. The applicant shall be afforded an opportunity to meet with the
committee to receive its comments and recommendations on the sufficiencv 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 Director of
Engineering, the Development Review Committee shall forward the final plat to the Planning and Zoning
Commission along with its recommendation unless approval by the Development Review- Committee is
allowed by this Subchapter and as permitted by law.
C. Standards for Approval.
The Planning and Zoning Commission shall approve the final plat if the plat complies with the-€ellowing
It the following requirements-
1. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks,
playgrounds, and public utility faeiltft Jfacilities:
2. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads,
streets, and public highways within the municipality and in its extraterritorial jurisdiction,
taking into account access to and extension of sewer and water mains and the
instrumentalities of public nti&t .utifiues
3. The final plat conforms with the General Development Plan and/or the preliminary
>
4. Complies with the provisions for dedication and construction of public improvements of
City construction standards-srandards and
5. Complies with all applicable laws and Subchapters.
D. Planning and Zoning Commission Action.
The Planning and Zoning Commission shall take action on the final plat as required by law 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 any time deadline for action upon the plat. If the final plat meets all the requirements of this
Subchapter, the Planning and Zoning Commission shall approve the plat. If the plat does not meet the
requirements of this Subchapter, the Planning and Zoning Commission shall disapprove the FI tt-plat.
E. Certification by Engineer.
Sealed engineering plans showing details of streets, sidewalks, culverts, bridges, storm sewers, drainage
improvements, water mains, sanitary sewers, other required public improvements, and all engineering
details, other than buildings, of the proposed subdivision shall be submitted to the Development Review
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 (North Central Texas
Council of Governments Standard Specifications for Public Works Construction, as amended by City)
relating to such -.Timprovemeats.
EXHIBIT A
F. Expiration of Final Plat and Plans.
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 Planning
and Zoning Commission for good eausecause.
35.16.12.3 Recordation of Final Plat.
Upon approval of the final plat by the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, and the construction plans by the City Engineer, the applicant shall
submit an execution package in accordance with the Application Criteria Manual. The City Engineer shall
file in the plat records of Denton County the final plat upon submission of the execution package,
recording fees, developer contracts, bonds, and any other applicable fees.
35.16.13 Repin'.
A:RepOt Renlat.
A. Reolat Required.
Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any
portion of an approved fmal 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
regnkttiaes.eulations.
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 Aem..
.212.014 and
seetien4 242.014 (Nlefnen 1988) fttid 212.015 (Venton 4988 and Supp. 1994), fts 212.015. as amended.
C. Replatting a Portion of a Lot.
Replatting a portion of a recorded lot is not permitted.
D. Procedures.
An application for replat shall follow the Planning and Zoning Commission procedures detailed in
Subchapter 3.
35.16.14 Amendino Plat.
The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex.
Loc. Gov't. Code 21,E 2.01 G. as amended. The Chairman of the
Development Review- Committee at his discretion may refer the amending plat to the Planning and Zoning
Commission. The Chairman of the Development Review Committee shall not disapprove an amending
plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval.
35.16.15 Minor Plat.
The Chairman of the Development Review Committee or the Planning and Zoning Commission may
approve a minor plat pursuant to Tex. Loc. Gov't. Code .
EXHIBIT A
449} 212.0065. as amended. The Chairman of the Development Review Committee at his discretion
may refer the minor plat to the Planning and Zoning Commission. The Chairman of the Development
Review Committee shall not disapprove a minor plat but shall refer such plat to the Planning and Zoning
Commission if he recommends disapproval.
35.16.16 Vacatina Plat.
The property owner of the tract covered by a plat may vacate the plat pursuant to Tex. Loc. Gov't Code
.5212.013. as amended The Planning and Zoning 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 Planning and Zoning Commission may
direct the petitioner to prepare a revised final plat in accordance with these regulations. Regardless of the
Planning and Zoning 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
Planning and Zoning Commission.
35.16.17 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 constitute approval for development
of the property. A conveyance plat is an interim step in the subdivision of land and shall contain a notation
that indicates that no development is i ttended-intended
FB. F4mg-Aaphcability.
A conveyance plat may be used in lieu of a final plat to record the subdivision of property provided that
no portion of the development is intended for immediate development
C. Filing.
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.
35.16.17.1 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 Chapter of the City
Code pertaining to the improvement of the property or extension of services as required to make
the property suitable for developmevte-d vel men .
B. Neither reservation nor dedication of right-of-way shall relieve the property owner from any
obligation for street construction or assessments associated with public street improvement
programs. Easements for access, utilities and drainage may be recorded on conveyance p6t-. lp ats.
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. This information shall
be set forth in hold type on the ply LIL
EXHIBIT A
D. A conveyance plat may be vacated, replatted or superseded in total or in part by thorough
compliance with the procedures and requirements of this Subchapter.
35.16.17.2 Conveyance Plat Requirements.
A. Application.
The property owner shall submit an application for a conveyance plat, together with other supporting
documents and fees, to the director in accordance with the requirements of the Application Criteria
Manual. Conveyance plats that qualify as minor plats may be approved by the Chairman of the
Development Review Committee. A conveyance plat shall contain such information that may be required
by the Development Review Committee which is reasonably necessary to review and determine whether
the proposed development and required facilities meet the requirements of this Subchapter and as required
by the Application Criteria N1*ttm4-Manual.
B. Standards for Approval.
The Planning and Zoning Commission shall approve the conveyance plat if the plat complies with the
following statements:
1. Reservation of rights-of-way. Conveyance plats must identify any future rights-of-way for
public thoroughfares and streets specified on the City's thoroughfare plan. The
identification 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.
2. Dedication of rights-of-way. Dedication of right-of-wav 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 resulting from
development of property proposed for final plat approval.
C. Approval Procedure.
1. Conveyance plats shall be approved provided they comply with all requirements of this
Subchapter. The Planning and Zoning Commission must approve, approve with conditions
that insure compliance with the requirements of this Subchapter or deny a conveyance plat
no later than thirty (30) days from the date of application. A conveyance plat qualifying as a
minor plat shall be reviewed and acted upon by the Development Review Committee.
2. Signing and filing. After the approval of the conveyance plat by the Planning and Zoning
Commission or Development Review 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 one hundred eighty (180) days from the date of approval. Any conveyance plat which has
not been filed with the county within one hundred eighty one (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 Planning and Zoning
Commission or Development Review Committee and filed with the county. Prior to filing,
the chairperson of the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, shall sign the conveyance plat. The City engineer shall
forward one (1) copy of the recorded conveyance plat to the property owner.
EXHIBIT A
35.16.18 Development Plats-
A. Any person who proposes new development of a tract of land located with the corporate limits
or within the City's extraterritorial jurisdiction, and is not required by this Subchapter to prepare
a preliminary or final plat, shall prepare a development plat in accordance with elements required
for preliminary and final plats by this Subchapter et l} . nu less:
1. The development is excepted under section 35.16.7; or
2. The development is an addition or alteration to existing development - ah`..R`,--aa`:ef
develaprneewhich. after development. would result in development no less
ee,rrtply
, m liant with the codeei Subehapters than before the development.
C. Development plats shall be processed in accordance with V.T.G.A., Loeal Government Code
242.944 t6fough 212.050 (Vernon Sepp. the Tex. Loc. Gov't Code 55212041 through
212.050. as amended, and no new development may begin on property until the development
plat is filed and approved by the City in accordance with such ~cections.
D. Development plats shall be labeled "Development Plat for
Addition."
E. If improvements have not commenced as required by the Development Plat, an approval for a
Development Plat shall expire two (2) years from the date that the Development Plat is approved
by the Planning and Zoning Commission.
35.16.19 Gas Well Development Plats.
A. Plats Required
Any person who proposes drilling and gas production of natural gas on a tract of land located
within the corporate limits or within Division 1 of the City's Extraterritorial jurisdiction, and is
not required by this Subchapter to prepare a preliminary plat or final plat, shall prepare a Gas
Well Development Plat. Where any portion of land to be included within the area to be platted is
located within a floodplain, an ESA or within 1200 feet of the flood pool elevation of lake Ray
Roberts or lake Lewisville, a separate plat shall be prepared for such area. The applications may
he submitted and reviewed together.
B. Gas Well Development Plats in Areas Subject to Flooding
No Gas Well Development Plat shall be approved for land located within a floodplain, an ESA
or within 1200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville until a
Watershed Protection Permit and, where applicable, a Specific Use Permit or application for
relief pursuant to Subsection 35.3.10. have been fast approved. Denial or conditional approval
of the applicable Watershed Protection Permit or petition for review shall constitute grounds for
denial or conditional approval of the Gas Well Development Plat for such land.
C. Procedures
Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc.
Gov't Code °rnrzr". g~212.041 through 4999)212.050, as amended and no new -212.050 e'ernen natural gas development may begin on property until the Gas Well Development Plat is filed and
approved by the City in accordance with this Subchapter.
D. Standards for Approval
Gas Well Development Plats shall conform to the following standards:
1. All proposed gas well development shall be in compliance with the Roadway Component of
the Mobility Plan.
EXHIBIT A
2. Erosion control is required and shall comply with all local, state and federal requirements or
as required by the Watershed Protection Permit or Gas Well Development Plat. The
operator shall file a copy of the Stormwater Pollution Plan if required by the EPA.
3. Reserve pits within 200 feet of a body of water, creek or floodplain shall be fined to prevent
water pollution.
4. With the exception of vehicular access, no gas well development or activity is allowed in the
FEMA designated 100-year floodway. Drilling within a Flood Fringe or other ESA shown
on the Map adopted by the City is allowed under the restrictions set forth in Subsection
35.22.5(A)8.
5. Where tree mitigation is required, pursuant to a Watershed Protection Permit, any funds due
shall be paid prior to final approval of a Gas Well Development Plat.
6. Prior to approval of a Gas Well Development Plat or Gas Well Permit, a Road Repair
Agreement that will obligate operator (or by the operator's employees, agents, contractors,
subcontractors or representatives) in the performance of any activity authorized by or
contemplated by the approved Gas Well Development Plat, must be executed by the City of
Denton. The City Manager shall have the authority to enter into the Road Repair
Agreement. A Road Repair Agreement is not required if access to the well site is through an
entrance from a State Highway.
7. The Gas Well Development Plat shall provide for adequate required public facilities, which
may include water supply, access roads, drainage, erosion control and other necessary
supporting facilities identified on the Plat. The design, location, and arrangement of all
driveways and required parking spaces shall provide for the safe and convenient movement
of vehicular and pedestrian traffic without adversely affecting the general public or adjacent
developments.
8. In addition to the requirements of Section 3516.11 (preliminary plat), if applicable, a Gas
Well Development Plat shall:
a. Identify truck routes and access points.
b. Identify Environmentally Sensitive Areas (ESA's) including floodplains and any
proposed floodplain, creek and stream crossings.
i All floodplain, creek and stream crossings requiring the use of a culvert shall
be designed to a 10-year storm frequency.
u All floodplain crossings shall have no negative affects on surrounding
property.
iii A drainage study sufficient to substantiate i and ii will be required as part of
the submittal if crossings are proposed.
C. Show- the location and use of all structures within 500 feet of the wellhead.
d. Identify the proposed source of water and any other public utilities required.
C. Identify and show proposed method of erosion control.
f. Identify the location of proposed lease lines and well locations.
Label distance between wells and property fines.
Label distance between wells and structures within 500 feet of wells as
measured from the property fine.
in Label distance between temporary holding ponds and floodplains.
g. Provide typical well site schematics showing layout during drilling and upon completion
of drilling.
EXHIBIT A
It. Show location of all proposed underground pipelines. As built drawings shall be filed
with the City. All pipelines proposed in public right-of-ways shall require a Right-of-
Way Use Agreement. The City Manager shall have the authority to enter into a Right-
of-Way Use Agreement.
i. Identify if pipelines connect with a Gas Distribution System.
E. Expiration of Gas Well Development Plat.
1. A Gas Well Plat requiring a Watershed Protection Permit shall expire on the earlier of the
below two (2) year expiration date or upon the expiration of a Watershed Protection Permit.
2. If improvements have not commenced as required by the Gas Well Development Plat, an
approval for a Gas Well Development Plat shall expire two (2) years from the date that the
Gas Well Development Plat is approved. The applicant may submit a written request for
one six (6) month extension of the Gas Well Development Plat prior to the expiration date.
The request shall contain documentation showing costs incurred to justify an extension.
3. Following expiration of a Gas Well Development Plat, no further gas well drilling and
production shall be allowed on the land subject to the expired plat.
35.16.20 Construction.
Improvements related to plat approvals shall comply with the following.
A. - S. 4 6.20.1 Pre eansnue6eft Phase Procedures and ..Pre-construction Phase
Procedures and Requirements.
Prior to beginning construction of public improvements the City Engineer shall schedule a
preconstruction conference between the owner/applicant and applicable City departments.
Representatives of public and franchise utilities shall be notified and maybe required by the City
to review the proposed improvements to be made and the requirements of this Subchapter.
B. ;r.5.16r20.2 Development GontraeF Required. Development Contract Required.
AA. For all developments in which streets, drainage facilities, water or sewer lines or other
improvements are to be constructed and dedicated or conveyed to the public, a development
contract is required to ensure proper construction and completion of the improvements and
payment is remde.made.
2. The developer shall submit the development contract, along with all required documents in
conformity with all City construction standards.
C. Construction, Inspection, and
Acceptance.
The construction, inspection of construction, and acceptance of public improvements after completion
shall be approved by the City Engineer if the construction conforms to the requirements of all City
construction standards.
D. ost of Improvements and City
Participation.
The applicant shall make all required improvements, at his expense, according to City regulations, without
reimbursement by the City, except for certain reimbursable costs as provided in Sections 35.21.9 and
35.21.10.
E. 3`~.IFi.?&3 Snbd:oio - to E`.uend Mains slid Seretf5 to Suhdieisir ..Applicant to Extend
Mains and Streets to Subdivisions.
EXHIBIT A
If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall
construct the necessary extension as specified in this Subchapter. 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.
F. 15.46..20.6 lat Required Before Issuance of Building Permits.
A building permit shall not be issued for any property unless a final plat is recorded for that property.
G. Utility Extension Regulations.
In addition to satisfying Subchapter 21 and all applicable Criteria Manvals. the aoplicant must demonstrate
the ability to satisfy the requirements set forth herein prior to development at each stage of the planing
process- including applications for general development plans prefirninary phis and final plats The
Commission may den; a general development plan or preliminary Plat if the applicant cannot demonstrate
the abilitv to sarisfv these requirements the requirements of Subchapter 21. and apnlicable Criteria
Manuals- prior to approval
1. Water and sewer utilities connections.
The City shall not provide any water or sewer utihrv connection to land proposed for
subdivision under Subchapter 10 until all of the following requirements have been met
a The water supply treatment storage and off-site distribution system to serve the
subdivision meet the requirements of subsection G 2
b. The sanitary sewer treatment and collection system to serve the subdivision meet the
requirements of subsection G.3.
c The owner or developer of the subdivision or addition has executed a written agreement
with the ciny. providing for the offsite extension of water and sewer mains to serve the
development, in accordance with the existing water and sewer extension regulations
and
d Off-site mains have been extended to the subdivision pursuant to the agreement and
this section. and water and sewer mains have been installed in accordance with the
Cm's specification in the block facing the street on which the ro erry is situated and
accepted by the city "As Built" plan in digital format are required at the end of
construction showing the actual location of all improvements
2. Adequate water system.
a No general development plan preliminary or final plat application shall be approved
unless the applicant demonstrates that there will be a sufficient volume and pressure for
domestic use and fire protection to serve the subdivision concurrent with development
The water system serving the subdivision shall be deemed adequate when in
conformance with sections 3-5.21.3. 35.21-4 and 35.21-5- and one of the follow
options, as applicable:
1 Where
the City is not the supp
lier
the applicant must provide assurance of
sufficient capacity. in accordanc
e with the standards contained within section
35.21.5-
from the entity holding
the
Certificate of Convenience and Nece in°
for the
land to be subdivided. S
uch
entity must have sufficient water suppl)%
the time of final plat approval for the second phase of a development plan or
phased preliminary _plat.
EXHIBIT A
2 Where City distribution mains are to be used for supplying water and there is
an existing distribution main with adequate capaci to serve the development
whin one mile of the boundary of the proposed subdivision the applicant
may, at his initial expense and subject to standard City participation policies
extend one or more approach mains from the existing distribution main to the
subdivision- of a size sufficient to serve the development The city reserves
the right to require oversizing of the line in accordance with standard City of
Denton oversize policies This requirement does not apply where the
approach main is already a component of a funded egpital improvement
project that the City has initiated consistent with. its adopted capital
improvements plan for water facilities
b The applicant shall demonstrate that the water system serving the development will be
3. Adequate sewer system.
a No general development plan preliminary or final plat application shall he approved
unless the applicant demonstrates that there will be an adequate sanitary sewer system ro
sections 35.21.3. 35.21.4. and 35.21.6. and one the following options as apphcable,
1 Where the City's sanitary sewer system is not to be used- the applicant must
provide assurance that the entity collecting the sewage hold a Certificate of
Convenience and Necessity for the land to be subdivided that collection
systems are adequate to accommodate sewage flows from the development
and that the treatment system to be used has adequate capacity in accordance
with the standards in subchapter 3521The applicant shall provide assurances
that sgnitgry sewer mains will b extended to crvc the subdivision prior to the
time of final plat approval for the second phase of a development plan or
phased preliminary, plat
2 Where City collection mains are to be used for collecting sewage and there is
an existing collection main with adequa capacity to serve the development
within one mile of the boundary of the proposed subdivision the applicant
may agree to extend one or more existing collection mains to the subdivision
of a size adequate to serve the development at his expense including the cost
to construct all necessary lift stations and force main in accordance with
standard City participation policies The city reserves the right to require
oversizing of the line in accordance with standard City of Denton oversize
policies This requirement doe not aptly where the approach main is already
a component of a funded capital improvement proiect that the City has
initiated consistent with its adopted capital improvement plan for wastewater
facilities.
1). The applicant shall demonstrate that the sanitary sewer system serving the development
will be adequate at the time of preliminary plat approval Where a development plan or
phased preliminary2lat is proposed. the applicant shall demonstrate that each phase of
the development shall be served by an adequate sanitary sewer system under this
standard The approach main shall be extended to serve the entire development ubjec
development subject to a development plan or phased preliminary plat prior to the time
of final plat approval for the second pha se of the development plan or phased
preliminary plat. unless the extension is parr of a funded capital improvement project
that the City his initiated consistent with its adopted capital improvements plan for
water facilities.
EXHIBIT A
consistent with its adopted capital improvements plan for wastewater facilities