Subchapter 16 Subdivisions.

Subchapter 16 Subdivisions. 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 Preapplication Conference. 35.16.10 General Development Plan. 35.16.11 Preliminary Plats. 35.16.12 Final Plats. 35.16.13 Replat. 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 Gas Well Development Plats. 35.16.20 Construction. 35.16.21 Gated Community Requirements. 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. Purpose. 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. 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. 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 law. 16-1

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. Any 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 lines of any platted lot so as to permit the combining of two (2) or more contiguous platted lots into one (1) or more new lots. B. Expiration of Dormant Projects. 1. Any general development plan, preliminary plats, final plats, replats, amending plats, conveyance plats or development plats that are dormant according to the provisions of Tex. Loc. Gov t. Code 245.005, as amended, shall expire on May 11, 2004. 2. For the purposes of this subsection, the terms permit and project shall carry the meaning defined for those terms in Chapter 245 of the Texas Local Government Code, as amended. a. Unless otherwise specifically provided in this subchapter, any permit associated with a development project shall automatically expire within two years of its approval, if: i ii No progress has been made towards completion of the project, as defined by Tex. Loc. Gov t Code 245.005(c); and At least five years have elapsed since the first permit for the project was filed. b. Any application for a new development permit, or application to modify an existing development permit, shall be deemed to commence a new development project, as of the date it was filed, if the new or modified permit application is incompatible with the permits preceding it. 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 line map is approved by the City Council. 16-2

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 Subchapter. B. Except otherwise authorized by Section 35.16.6, 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 Subchapter. C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov t. Code 212.012, 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 improvements. 35.16.6 Approval of Plat Required. A. Prior to the subdivision, resubdivision, or development of any 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 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 regulations. 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. General Rule - No Permits Before Plat. Generally speaking, 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, all easements (including those by separate instrument) and all applicable permits are in place, and 16-3

all public improvements have been accepted (if applicable). No private improvements shall take place or be commenced except in conformity with these regulations. 1. Exceptions. a. Definitions Applicable to All Exceptions i. Phase: means one final platted section of a larger overall development. ii. iii. Public improvements: means the public infrastructure needed or required by the development, or by a single phase within a larger overall development, Regional improvements: means those public improvements which are required of the development for the protection of either: 1. health, safety and welfare of the public at large; or 2. property outside or surrounding the development; a. Examples of Regional improvements include, but are not limited to: i. water line loops or extensions for service; ii. iii. regional detention facilities; off-site drainage improvements. b. Model Home Exception for Single Family Residential or Duplex Development Within a phase containing public improvements that have not yet been finally accepted, a developer may construct no more than four (4) model homes, provided that all off-site, drainage or regional improvements have been installed, inspected and accepted and that each model home is inspected and found to meet all building, plumbing and fire code requirements prior to being opened to observation by the public, and provided further that the home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the City. c. Exception for Multi-Family or Non residential Development i. Upon application and satisfaction of the following conditions, along with other Code and Criteria Manual requirements otherwise applicable to full building permits, the building official may issue a building permit for multi-family or non-residential development, to enable limited construction as specified in the permit, prior to satisfaction of remaining development requirements: 1. The applicant must complete installation of all drainage and other regional improvements, particularly off-site improvements; a. Upon application to, and approval by, the City Engineer, the portion of this condition requiring prior installation of required permanent drainage improvements may be satisfied by constructing temporary drainage improvements (such as detention ponds) that, in the opinion of the City Engineer, are adequate to offset the decrease in permeable surface of the permitted phase of development and prevent harm to downstream properties, pending completion and acceptance of required permanent regional improvements for drainage. 2. The applicant must enter into an agreement with the City, in a form approved by the City Attorney, which indemnifies and holds the City harmless for any failure of the applicant, owner or builder to obtain necessary access and drainage easements and permits, or to build needed offsite improvements; and 3. A building permit issued in this manner may be withdrawn upon failure to meet any imposed condition, as set forth in 35.1.10. 16-4

ii. Subchapter 16 The applicant must install and demonstrate proper function of fire hydrants and all-weather access improvements for fire apparatus required by the Fire Code and Chapter 29 of the Denton Code of Ordinances, prior to any construction above slab. 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 clerk. F. The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited. 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 easement 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 easement 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. 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 filing by the Development Review Chair ( DRC Chair ), along with the applicable fees. No applications shall be accepted for filing unless the 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. B. Completeness Determination. Every Application shall be subject to a determination of completeness by the DRC Chair. No Application shall be accepted for processing unless it is accompanied by all 16-5

documents required by and prepared in accordance with the requirements of this Subchapter, applicable Criteria Manuals, and all applicable City ordinances, rules and regulations (the Regulations ). The DRC Chair from time to time may identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in the Regulations. 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 acres shall be deemed complete if it is not accompanied by information showing compliance with the extension of offsite water and wastewater facilities standard set forth in Section 35.16.11.B. C. 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. D. 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 constitutes a complete Application. An email or comment in the City s permit tracking program is considered a determination in writing. The determination shall specify the documents or other information needed to complete the Application and shall state the date the Application will expire if the documents or other information are not provided. E. 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 City s permit tracking program. Notice is deemed to occur upon dispatch or publication, not upon receipt. 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 accompanying documents. Thereafter, a new Application must be submitted. The City may retain any fee paid for reviewing the Application for completeness. G. 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 lot sizes not authorized by Rural Residential (RD-5) Zoning District. H. Vested Rights. No vested rights accrue solely from the filing of an Application that has expired pursuant to this section, or from the filing of a complete Application that is subsequently denied. I. Exaction Proportionality Data. Every Application submitted under this Section shall include data requested by the DRC chair or City Engineer to permit apportionment of costs of required public infrastructure improvements, pursuant to section 35.3.12.C. 35.16.9 Pre-application Conference. Prior to the filing of an Application, an applicant may request a pre-application conference with the DRC Chair for the purpose of identifying requirements that are applicable to a proposed plat, plan, or permit. The request shall be made in writing on a form provided by the DRC Chair. Any proposed development submitted or discussed as a part of the pre-application conference shall not be considered a plan, plat, or permit application but will be considered an informal request for input prior to the actual plat, plan, or permit application. 16-6

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, 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. B. Application. A General Development Plan is not permitted in the extraterritorial jurisdiction. The DRC Chair will determine during the pre-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 be 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 which: 1. If the property under consideration is undeveloped, is under one ownership and is greater than twenty (20) acres; or 2. Is to be platted and developed in phases; or 3. Will require off-site road, drainage, or utility connections or improvements which will have a substantial impact or effect on other properties or developments. C. Information required. 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 development and required facilities meet the requirements of this Subchapter and the Application Criteria Manual. D. Standards for approval. The Planning and Zoning Commission shall approve the general development plan if the plan complies with all the following requirements: 1. Conforms to infrastructure policies identified in The Denton Plan, and any other City infrastructure master plan and the City s current and future parks and playground facilities; 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 plan; 3. Conforms to any rules adopted under Section 212.002 or as set forth in the Application Criteria Manual; 4. Complies with all City construction standards; 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 Commission. 16-7

F. Expiration of General Development Plans. Except 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 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 twenty-four (24) months. G. Extension of General Development Plan. The Commission may extend a general development plan or any phase thereof for 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 plan or phase expires 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 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 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 Preliminary Plats. A. Purpose and applicability. A preliminary plat shall be required for all proposed developments or subdivisions of land within the corporate boundaries of the City, except where otherwise provided for in this Subchapter. A Preliminary Plat is neither required nor permitted in the extraterritorial jurisdiction. 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, 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 plan. 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 Subchapter, this, 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 21, and the Electric Standards referenced in Subchapter 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 16-8

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 achieves all the following standards: a. Conforms with the general development plan as provided in this Subchapter; b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility 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 utilities; d. Complies with all applicable sections of the Criteria Manuals; e. Complies with all applicable laws and Subchapters; 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. If 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 ensure 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 this Subchapter, a preliminary plat shall become null and void twenty-four (24) months from the date of approval 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 phasing schedule approved for the preliminary plat. Within six (6) months of approval of the final plat for the first phase of the development, or within such other period as may be provided in an phasing schedule approved by the Commission, a complete application for a final plat must be approved for the next phase of the development, continuing with each successive phase, until final plats have been approved for all the land subject to the original preliminary plat in accordance with this section or a phasing schedule 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 pursuant to section 35.16.11.F, the original preliminary plat shall 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 not to exceed six (6) months on the written request of the applicant. The request must be considered by 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 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 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 conditions as are needed to assure that the land will be developed in a 16-9

timely fashion and that the public interest is served, including compliance with one or more new adopted development standards. 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 and plat of the property to be subdivided or developed, showing thereon the boundaries, lots, public streets and easements and 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 portion of the land included in the preliminary plat and general development plan. The final plat shall conform to the preliminary plat, when a preliminary plat is permitted or required. Final Plats within the extraterritorial jurisdiction shall satisfy both the requirements of a preliminary plat and a final plat. B. 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 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 City. 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 16-10

City reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submitted plans. C. 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 required facilities meet the requirements of this Subchapter and as required by the Application Criteria Manual and all City construction 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 sufficiency of the plat and plans, so as to allow the applicant to make any recommended or desired changes, corrections, or modifications. Upon completion of the review process, if the construction plans have been approved by the 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 all the following requirements: 1. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks, playgrounds, and public utility facilities; 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 utilities; 3. The final plat conforms to the preliminary plat, when a preliminary plat is permitted or required; 4. Complies with the provisions for dedication of land and construction of public improvements in accordance with City construction standards; and 5. Complies with all applicable ordinances, criteria manuals, and laws. 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 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 16-11

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 improvements. 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 cause. 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 Replat. A. Replat Required. Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedure prescribed for the platting of land by these regulations. B. Replatting Without Vacating Preceding Plat. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat is submitted in accordance with Tex. Loc. Gov t. Code 212.014 and 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 Amending Plat. The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex. Loc. Gov t. Code 212.016, 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 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. 16-12

35.16.16 Vacating Plat. The property owner of the tract covered by a plat may vacate the plat pursuant to Tex. Loc. Gov t Code 212.013, 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 intended. B. Applicability. 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 development. 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 plats. C. No building permits shall be issued nor development begin, nor permanent utility service provided for land which has only received approval as a conveyance plat. This information shall be set forth in bold type on the plat. 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 16-13

the proposed development and required facilities meet the requirements of this Subchapter and as required by the Application Criteria 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-ofway 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-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for final plat approval and to complete turn lanes, intersections and transitions in road pavement width 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. 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 unless: 1. The development is excepted under section 35.16.7; or 2. The development is an addition or alteration to existing development which, after development, would result in development no less compliant with the code than before the development. B. Development plats shall be processed in accordance with the Tex. Loc. Gov t Code 212.041 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 sections. C. Development plats shall be labeled Development Plat for Addition. 16-14

D. 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 gas drilling or production on a tract of land located within the City s Extraterritorial Jurisdiction, shall submit a Gas Well Development Plat for review and approval by the City. If any portion of the proposed area to be platted lies within a floodplain, an ESA or within one thousand, two hundred feet (1,200 ) of the flood pool elevation of Lake Ray Roberts or Lake Lewisville, a watershed protection permit application for such area(s) shall be submitted with the development plat application, and shall be decided before any decision on the plat. 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 first 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 212.041 through 212.050, as amended, and no new 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. 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 lined 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. No Gas Well Development Plat shall be approved until the applicant has entered into a Road Damage Remediation Agreement with the City in substantially the same form as the agreement on file in the City s Planning and Development Department, and has paid all Road Damage Remediation Fees provided for in the agreement based in the Road Damage Remediation Calculations set forth in Exhibit A to the agreement. A Road Damage Remediation Agreement is not required if access to the well site is through roadways not maintained by the City. 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 16-15