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ORD 1991-03ORDINANCE 91-03 W4 ORDINANCE 96-17 NOVEMBER 19, 1996 11 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 91-03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; PROVIDING DEFINITIONS; PROVIDING FOR PRELIMINARY AND FINAL PLAT PROCEDURES; PRESCRIBING REGULATIONS FOR FILING PLATS, SUBDIVISION CONSTRUCTION AND ISSUANCE OF BUILDING PERMITS; PROVIDING FOR REGULATION OF BLOCKS, LOTS, STREETS, UTILITY EASEMENTS, SIDEWALKS, WATER SUPPLY, STORM SEWERS AND DRAINAGE, IN ACORDANCE WITH THE TOWN'S DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITIES; PRESCRIBING FEES TO BE CHARGED; ESTABLISHING JURISDICTION WITHIN THE CORPORATE LIMITS OF THE TOWN AND WITHIN THE TOWN'S EXTRATERRITORIAL JURISDICTION; REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PROCEDURE FOR OBTAINING A VARIANCE FROM THESE REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; REPEALING ORDINANCE NO. 89-03 OF THE TOWN RELATING TO SUBDIVISION REGULATIONS; REPEALING ORDINANCE NO. 85-20 OF THE TOWN RELATING TO THE UNDERGROUNDING OF UTILITIES; PROVIDING A PENALTY NOT -TO -EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Chapter 212, Tex. Loc. Gov. Code Ann. (Vernon) as amended, the laws of the State of Texas provide that every owner of any tract of land situated within the corporate limits or within five miles of the corporate limits of any city in the State of Texas, who may divide the same into two or more parts for the purpose of laying out any subdivision of any addition to any town or city, or for laying out suburban lots or building lots, or any lots, streets, alleys, or parks or other portion intended for public use, for the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof which shall accurately describe all of said subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a part, giving the dimensions January, 1991 1 thereof of said subdivision or addition, and the dimensions of all streets, alley, squares, parks or other portions of the same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") being so empowered by law, does hereby propagate and establish such a subdivision plan for the Town of Trophy Club, Texas, this ordinance shall hereinafter be known as the Subdivision Regulations of the Town of Trophy Club, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the above and foregoing preamble is incorporated and adopted herein as if copied herein in its entirety. Section 2. That the rules, regulations and procedures attached hereto and including Articles 1 through VII and all appendices thereto, are hereby adopted by the Town Council as the Subdivision Regulations for the Town and are made a part of this ordinance as if copied herein in their entirety. All development within the Town from and after the date of approval of this ordinance shall comply with these regulations. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 15th day of January, 1991. ayor, Town of Tr by Club, Texas ATTEST - T n retary, Town of Trophy C ub, Texas (SEAL) APPROVED AS TO FORM: oTown Attorney, Town of Trophy CM, Texas January, 1991 H SUBDIVISION REGULATIONS FOR TROPHY CLUB, Updated January, 1991 PREPARED BY PLANNING RESOURCES GROUP TROPHY CLUB SUBDIVISION REGULATIONS Table of Contents Description Page ARTICLE I General Provisions and Requirements Section 1.11 Title 1.1 1.12 Authority 1.1 1.13 Purpose 1.1 1.14 Conditions 1.2 1.15 Jurisdiction 1.2 1.16 Consistency with the Comprehensive Master Plan 1.2 4.17 and Zoning Ordinance 4.14 1.17 Special Provisions 1.2 1.18 Conflict with other Ordinances 1.3 1.19 Severability Clause 1.3 1.20 Amendments 1,4 1.21 Incorporation 1.4 ARTICLE II Definitions Section 2.11 General 2,1 2.12 Definitions 2.1 ARTICLE III General Platting Procedures Section 3.11 Requirements 3.1 3.12 Preliminary Conference 3,1 3.13 Vacation Instrument, Replatting and Amended Plats 3.2 3.14 Dedication 3.5 3.15 Platting or Replatting - Short Form 3.5 ARTICLE IV Requirements for Plat Submittal Section 4.11 Plat Submittal 4,1 4.12 Development Plans 4,1 4.13 Preliminary Plats 4,4 4.14 Final Plats 4.8 4.15 Plat Certification 4.12 4.16 Connection of Public Utilities 4.13 4.17 Undergrounding of Utilities 4.14 January, 1991 iii Description Pane ARTICLE V Improvements Section 5.11 Responsibility for Construction 5.1 5.12 Prior Approval of Engineering Designs 5.1 5.13 Inspection 5.1 5.14 As -Built Plans 5.1 5.14 Maintenance Bond 5,2 5.15 Engineer's Certificate 5,2 ARTICLE VI Subdivision Design Requirements Section 6.11 General 6.1 6.12 Blocks 6.1 6.13 Lots 6.1 6.14 Streets 6.2 6.15 Sidewalks and Bicycle Paths 6.6 6.16 Storm Drainage 6.7 6.17 Water, Sewer, and Fire 6.9 6.18 Utility Easements 6.10 6.19 Monuments and Lot Markers 6.11 6.20 Natural Tree and Ground Cover 6.11 ARTICLE VII Enforcement Section 7.11 Appeal 7.1 7.12 Penalty for Violators of Regulations 7.1 7.13 Town Attorney's Authority 7.1 7.14 Variances 7.2 APPENDIX A - Application and Checklists APPENDIX B - Certificates and Approvals APPENDIX C - Illustrations January, 1991 iv TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 91-03 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB; PROVIDING DEFINITIONS; PROVIDING FOR PRELIMINARY AND FINAL PLAT PROCEDURES; PRESCRIBING REGULATIONS FOR FILING PLATS, SUBDIVISION CONSTRUCTION AND ISSUANCE OF BUILDING PERMITS; PROVIDING FOR REGULATION OF BLOCKS, LOTS, STREETS, UTILITY EASEMENTS, SIDEWALKS, WATER SUPPLY, STORM SEWERS AND DRAINAGE, IN ACORDANCE WITH THE TOWN'S DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITIES; PRESCRIBING FEES TO BE CHARGED; ESTABLISHING JURISDICTION WITHIN THE CORPORATE LIMITS OF THE TOWN AND WITHIN THE TOWN'S EXTRATERRITORIAL JURISDICTION; REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A PROCEDURE FOR OBTAINING A VARIANCE FROM THESE REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; REPEALING ORDINANCE NO. 89-03 OF THE TOWN RELATING TO SUBDIVISION REGULATIONS; REPEALING ORDINANCE NO. 85-20 OF THE TOWN RELATING TO THE UNDERGROUNDING OF UTILITIES; PROVIDING A PENALTY NOT -TO -EXCEED THE SUM OF TWO THOUSAND ($2,000.40) DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Chapter 212, Tex. Loc. Gov. Code Ann. (Vernon) as amended, the laws of the State of Texas provide that every owner of any tract of land situated within the corporate limits or within five miles of the corporate limits of any city in the State of Texas, who may divide the same into two or more parts for the purpose of laying out any subdivision of any addition to any town or city, or for laying out suburban lots or building lots, or any lots, streets, alleys, or parks or other portion intended for public use, for the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof which shall accurately describe all of said subdivision or addition by metes and bounds and locate the same with respect to an original comer of the original survey of which it is a part, giving the dimensions January, 1991 i thereof of said subdivision or addition, and the dimensions of all streets, alley, squares, parks or other portions of the same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto; and WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") being so empowered by law, does hereby propagate and establish such a subdivision plan for the Town of Trophy Club, Texas, this ordinance shall hereinafter be known as the Subdivision Regulations of the Town of Trophy Club, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the above and foregoing preamble is incorporated and adopted herein as if copied herein in its entirety. Section 2. That the rules, regulations and procedures attached hereto and including Articles I through VII and all appendices thereto, are hereby adopted by the Town Council as the Subdivision Regulations for the Town and are made a part of this ordinance as if copied herein in their entirety. All development within the Town from and after the date of approval of this ordinance shall comply with these regulations. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 15th day of Januarys 1991. yor, Town of Trophy Cl b, Texas ATTES�i TownS-edetary, Town of Trophy Club, Texas (SEAL) APPROVED AS TO FORM: Town Attorney, Town of Trophy CluUJ Texas January, 1991 ii ARTICLE I GENERAL PROVISIONS AND REQUIREMENTS SECTION 1.11 Title This Ordinance shall be known, cited, and referred to as "The Town of Trophy Club Subdivision Regulations." SECTION 1.12 Authority This ordinance is adopted pursuant to the authority of the Constitution and laws of the State of Texas, including articles 974a (platting and recording of subdivisions) and 970a (the Texas Municipal Annexation Act), Texas Revised Civil Statutes Annotated (Vernon), as amended, and Sections 12.001 (what may be recorded) and 12.002 (filing of Subdivision Plat), Texas Property Code Annotated (Vernon), as amended. SECTION 1.13 Purpose In order to achieve orderly, efficient and environmentally sound subdivision of land, the Town of Trophy Club must be provided with appropriate guidelines and development management mechanisms. These Subdivision Regulations, in conjunction with any other land use control tool as now or hereafter may be adopted by the Town, provide those guidelines and mechanisms. With this in mind, it is the nature, intent, and stated purpose of these Subdivision Regulations to: 1. Protect and provide for the public health, safety, and general welfare of the Community. 2. Guide the future growth and development of the community, in accordance with the Comprehensive Master Pan, insuring that the comprehensive and coordinated plans affected by the various land use controls of the Town are not negated by disorganized, unplanned and uncoordinated development. 3. Guide and phase any and all developments to maximize the utilization of existing and proposed public facilities and improvements and to insure that these facilities will have sufficient capacity to serve the proposed subdivision. 4. Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities. 5. Protect and conserve the value of Iand throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings. 1.1 January, 1991 6. Establish reasonable standards of design and procedures for subdivision of land in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land. 7. Preserve the natural beauty and topography of the municipality and to insure appropriate development with regard to these natural features. S. Provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the Zoning Ordinance of the Town. SECTION 1.14 Conditions Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to the Town. The developer has the duty of compliance with reasonable conditions laid down by the Town Planning Commission for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economic development of the Town and to the safety and general welfare of the future land owners in the subdivision and of the community at large. SECTION 1.15 Jurisdiction From and after the date of its adoption, this ordinance shall govern all subdivision of land within the corporate limits of the Town and to the extent of the Town's extraterritorial jurisdiction, as provided by law. SECTION 1.16 Consistency with the Comprehensive „Plan and Zoning_ Ordinance It is the intent of the Town Council of the Town of Trophy Club that these Subdivision Regulations shall be consistent with the adopted Comprehensive Master Plan, Comprehensive Zoning Ordinance, and any supplemental land use and community development policies that may be adopted by the Town Council. No plat or subdivision of land within the Town or outside the Town boundaries as provided by law shall be approved unless it conforms to such Plans, Policies, and Ordinances. SECTION 1.17 Special Provisions 1. No development, building, repair, plumbing or electrical permit shall be issued by the Town for any structure on a lot in a subdivision for which a Final Plat has not been approved and filed of record, nor for any structure on a lot within a subdivision in which the standards contained herein have not been complied with in full. 1.2 January, 1991 2. The Town shall not repair, maintain, install, or provide any streets or allow the provision of public utility services in any subdivision for which a Final Plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. 3. The Town shall not permit the sale, supply or approval of any utility service within a subdivision for which a Final Plat has not been approved and filed of record, nor in which the standards contained herein or referred to herein have not been complied with in full. 4. If any subdivision exists for which a Final Plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the Town Council shall pass a resolution reciting the fact of such noncompliance or failure to secure Final Plat approval, and reciting the fact that the provisions of paragraphs 1,2, and 3 of this Section will apply to the subdivision and the lots therein. The Town Secretary shall, when directed by the Town Council of the Town, cause a certified copy of such resolution under the corporate seal of the Town to be filed in the deed records of the county or counties in which such subdivision or part thereof lies. If full compliance and Final Plat approval are secured after the filing of such resolution, the Town Secretary shall forthwith file and instrument in the deed records of such county or counties stating that paragraphs 1, 2, and 3 no longer apply. 5. Provided, however, that the provisions of this Section shall not be construed to prohibit the issuance of remodeling permits for any lots upon which a building exists and was in existence prior to the passage of the Subdivision Regulations of the Town of Trophy Club, adopted June 8, 1987, nor to prohibit the repair, maintenance, or installation of any street by the Town of Trophy Club or public utility services by the Town of Trophy Club or those holding franchise thereunder, for , to or abutting any lot, the last recorded conveyance of which was by metes and bounds prior to June 8, 1987, and/or any subdivision, or lot therein, recorded, which subdivision was recorded and in existence prior to June 8, 1987. SECTION 1.18 Conflict with Other Ordinances This ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance and except as provided herein. Provided, however, Ordinance No. 85-20 of the Town relating to the undergrouding of utilities is hereby expressly repealed. SECTION 1.19 Severability Clause If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or 1.3 January, 1991 unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 1.20 Amendments For the purpose of protecting the public health, safety, and general welfare, the Town Council may from time to time amend the provisions imposed by these Subdivision Regulations. Public hearings on all proposed amendments shall be held by the Town Council in the manner prescribed by law. SECTION 1.21 Incorporation Notwithstanding any other provision of this ordinance and the regulations contained herein, Ordinance No. 89-03 of the Town of Trophy Club relating to subdivision regulations is hereby repealed to the extent of conflict herewith. Provided, however, that all plats, maps or other documents relating to the subdivision of land filed prior to the date of this ordinance shall be governed by Ordinance No. 87-14 or Ordinance No. 89-03, as the case may be, as in effect on the date of filing of said plats, maps, or other documents, which Ordinances are hereby declared to be in full force and effect for the purpose of reviewing such plats, maps or other documents according to the procedures and standards stated herein; provided, however, that this ordinance shall govern all final plat procedures. 1.4 January, 1991 ARTICLE II DEFINITIONS SECTION 2.11 General For the purposes of these Regulations, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this Section. Any office referred to in these Regulations by title means the person employed or appointed by the Town in that position, or his duly authorized representative. SECTION 2.12 Definitions Those words or phrases not expressly prescribed herein are to be defined in accordance with the Comprehensive Zoning Ordinance or other applicable Ordinances of the Town, or in the absence of such Ordinances, then in accordance with customary usage in municipal planning and engineering practices. Acreage. Gross: The total acreage of a subdivision, including areas dedicated to the public use such as streets and alley right of ways. 2. Acreage, Net: The total acreage of a subdivision less those areas indicated to public use such as street and alley right of ways. Easements, however, shall be included in net acreage calculations. 3. Block: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. 4. Building Setback Line: A line defining an area on the building lot between the street right-of-way line or property line and the building line within which no building shall be constructed, encroach or project except as specifically authorized in an adopted ordinance of the Town of Trophy Club, as shown on Appendix C. a) Front Building Setback Line: A line parallel to the street right-of-way line which the building faces, and takes its primary access from. b) Side Building Setback Line: A line parallel to the property line with an adjacent lot or street right-of-way on a corner lot, which the building sides up to. c) Rear Building Setback Line: A line parallel to an adjacent lot line, alley, or street right-of-way line in the case of double frontage lots, which the building backs up to and has its rear or secondary access from. 2.1 January, 1991 S. Commission: The Planning and Zoning Commission of the Town of Trophy Club, Texas. 6. Comprehensive Master Plan: The Comprehensive Master Plan of the Town of Trophy Club and includes any unit or a part of such unit separately adopted and any amendment to such plan or parts thereof. 7. Construction Plans: The drawings and technical specifications including bid documents and contract conditions, where applicable, providing a graphic and written description of the character and scope of the work to be performed in construction of a subdivision. S. Cul-de-sac: A short, minor street having but one outlet to another street and terminating on the opposite end by an appropriate vehicular turnaround as shown in Appendix C. 9. Dead-end Street: A street, other than a cul-de-sac, with only one outlet, as shown in Appendix C. 10. Dedication: A gift or donation of property by the owner to the Town of Trophy Club. 11, Density: The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use. 12. Developer: An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by these regulations, including the preparation of a subdivision plat showing the layout of the land and the public improvements involved therein. The term "developer" is intended to include the term "subdivider" even though personnel in successive stages of a project may vary. 13. Development: The construction of one or more new buildings or structures on one or more building lots, the moving of an existing building to another lot, or the use of open land for a new use. "To Develop" shall mean to create development. 14. Development Plan: The first or introductory plan of a proposed subdivision, in such case where the developer intends to develop and record only an individual portion of said subdivision, and which exhibits the proposed successive order of development of the balance of the subdivision. 15. Easement: An interest in land granted to the Town, or other governmental entity, to the public generally, and/or to a private utility corporation. 2.2 January, 1991 16. Engineer: A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering. 17. Extraterritorial Jurisdiction: The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the Town of Trophy Club, the outer limits of which are measured from the extremities of the corporate limits of the Town outward for such distances as may be stipulated in Chapters 42 and 43, Tex. Loc. Gov. Code Ann. (Vernons) as amended, in accordance with the total population of the incorporated Town. 18. Flood Plain: Any and all land area adjoining the channel of a river, stream, lake, water course, marshy area, or other drainage element, which has been or may be inundated by storm water runoff. The extent of the flood plain shall be determined by the crest of a flood having an average frequency of occurrence of once in one hundred years, as established by the Federal Insurance Administration. 19. Floodway: The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood, as defined by the Corps of Engineers or F.E.M.A., without cumulatively increasing the water surface elevation more than one foot. 20. Lot: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivision Plat which has been properly filed of record, as shown in Appendix C. a) _Lot_Depth: The length of a line connecting the midpoints of the front and rear lot lines. b) Lot Double Fronta e or Through: Any lot, not a corner lot, with frontage on two streets which are parallel to each other or within forty-five degrees of being parallel to each other. c) Lot. Frontage: The length of street frontage between property lines. d) Lot. Irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which may vary in dimension and the corners of which have an angle of either more or less than ninety degrees. e) Lot Width: The average distance between the side lot lines, which is normally that distance measured along a straight line connecting the mid- point of the two side lot lines. 2.3 January, 1991 21. MUD: A Municipal Utility District or any Sepcial Law district operating pursuant to, in whole or in part, according to Chapter 54 Texas Water Code 22. Open Space: All land, other than public parks, designated for the recreational enjoyment and/or natural beauty of the area, 23. Park: Land dedicated to, or purchased by, the Town for the purpose of providing public recreational and/or open areas. 24. Pavement Width: The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs. 25. Person: Any individual, association, firm, corporation, governmental agency, or political subdivision. 26. Planned Development: A subdivision that consists of commercial and/or residential land uses, public land uses, and common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. 27. Plat: A map, drawing, chart, or plan showing the exact layout and proposed construction of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainage ways, easements, alleys, and/or any other elements as required by these Regulations, and which a subdivider shall submit for approval in accordance with these Regulations. 28. Plat, Amended: A minor change of an existing subdivision to a lot line or setback contained within. No new lots are created, existing lots are not combined and the size of any one lot is not substantially increased or decreased. 29. Plat. Preliminary : A preliminary submission, by the subdivider to the Town, of the maps, drawings, charts and other materials on which the subdivider's plan is presented. Such submission shall be provided to the Town solely for the purpose of preliminary review, and shall not serve as the plat or as the filing descibed in and required by Chapter 212, Tex. Loc. Gov. Code Ann. as amended. 30. Plat, Final: A Plat that has been submitted and approved in preliminary form, has been corrected by the applicant, has conformed to all of the provisions of these Regulations, has been submitted for final approval of the Planning and Zoning Commission and Town Council, and that meets all other requirements of State law or other laws of the Town. 2.4 January, 1991 31. Preliminary Approval: Approval expressed by the Town as to the arrangement and approximate size of streets, alleys, parks, reserves, easements, blocs, and lots indicated on a Preliminary Plat. 32. Public Ri ht-of-Wa : A strip of land used or intended to be used, wholly or in part, as a public street, alley,crosswalk, sidewalk, drainage way or other public way. 33. R. enlat: A Plat vacating an existing subdivision in lieu of a new pattern of development; the subdivision of an existing or duly recorded lot or lots, the combining of two or more lots to create one lot, or the subdividing of an existing platted but undeveloped subdivision into a new pattern of lots and blocks. 34. Reserve Striy: A privately owned strip of land, normally one foot in depth, adjacent to a public right-of-way or easement preventing the extension of said right-of-way or easement without the expressed consent of the owner. 35. Shall/May: The word "shall" is always mandatory, while the word "may" is merely permissive. 36. Sidewalk: A paved pedestrian way generally located within public street right-of-way, but outside of the roadway, and built in accordance with Town specifications. 37. Site Plan: A map, drawing or chart showing the location of all existing and planned structures, landscaping, design ingress and egress, parking, height of structures and/or any other elements as required by these Regulations, and which a subdivider shall submit for approval in accordance with these Regulations. 38. Steep_Slope: Areas that contain slopes over fifteen (15) percent grade and are characterized by increased runoff, and sediment hazards. 39. Street: A public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive, or however otherwise designated. a) Street. Primary Collector: A street primarily that carries traffic from local or secondary collector streets to major thoroughfares and highways, providing traffic circulation throughout the entire city. b) Street. Secondary Collector: A street that primarily carries traffic from local streets to primary collector streets, providing traffic circulation within the neighborhood. 2.5 January, 1991 c) Street. Local: A street that is used primarily for access to abutting residential property and circulation of traffic within residential neighborhoods. It is of a width and design to discourage through traffic, thereby protecting the residential area. treet. Private or Service Drive: A vehicular access way under private ,r , ownership and maintenance, that has not been dedicated to the Town and accepted by the Town. 40. Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work built up or composed of parts joined together in some definite manner. 41. Subdivider: Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equity owner, or authorized agent of such owner or equity owner, of land to be subdivided. 42. Subdivision: The term "subdivision" shall mean the development of a lot, tract, or parcel of land or a division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership, building or other development. Subdivision includes resubdivision of land or lots which are part of a previously recorded subdivision. All transfers of ownership, division, or development of land shall be governed by this ordinance. 43. Surveyor: A licensed State Land Surveyor or a Registered Public Surveyor as authorized by the State Statutes to practice the profession of surveying. 44. Thorou hfare Plan: Street plan which is part of the Comprehensive Master Plan of the Town of Trophy Club. 45. Town: The Town of Trophy Club, Denton County, Texas. 46. Town Planner: The duly authorized employee or representative of the Town in charge of the planning function for the Town and charged with implementation and enforcement of the subdivision, zoning and other growth - related ordinances. 47. Town Eneineer: The duly authorized person in charge of engineering for the Town, or his designated representative. 48. Town Standards: As referred to in these Regulations, shall mean the Town's standards and specifications, together with all tables, drawings, and other attachments hereinafter approved by the Council, and those standards so approved shall become a part of these Regulations. 2.6 January, 1991 49. Vacation: To cancel, rescind, or render an act that has the effect of voiding a subdivision Plat as recorded in the County Clerk's office. 50. Wastewater Service: The collection of waste bearing water that requires treatment prior to its return to nature and the system of pipes and equipment used to collect and transmit this water to treatment facilities; also called Sanitary Sewer Service. a) Sewerage System, Public: A system designed for the wastewater collection, treatment and disposal that is wholly owned and operated by the Trophy Club Municipal Utility District, its successors and assigns, or other governmental entity authorized an empowered to own and operate such a system. b} Sewerage Disposal System, Individual Private: Any system designed to provide on site treatment and disposal of sewage flows from individual residences, duplexes, businesses, or any other buildings. The system may be anaerobic, e.g. a septic transpiration bed, or other. The system must not require a permit from the Texas Department of Water Resources. 55. Water System, Public: A system designed for the distribution and treatment of potable water that is wholly owned and operated by the Trophy Club Municipal Utility District, its successors and assigns, or other governmental entity authorized and empowered to own and operate such a system. 52. Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if height limitations and requirements limiting obstruction of visibility are observed. 2.7 January, 1991 ARTICLE III GENERAL PLATTING PROCEDURES SECTION 3.11 Reauirements: Division of Property: a. Hereafter every owner of any tract of land who may make or cause a subdivision of land shall cause a Plat to be made thereof which shall accurately describe all of said tract as required by this ordinance. No Plat may be recorded, no lot may be sold and no transfer of title to any part of such tract of land shall be made until a Plat, accurately describing the property to be conveyed, is approved in accordance with these provisions and filed in the Plat Records of the County where the real property is located. b. Plats required for Compliance: In the event that said owner makes or causes a subdivision of land, he shall cause a Preliminary Plat to be processed and approved prior to submitting a Final Plat for approval by the Town and recording of the Plat in the Plat Records of the county where the real property is located. DeveIooment Plan Requirement: Where the intended use of any tract of land is not single-family residential in nature, or is submitted as a Planned Development (P.D.), a Development Plan shall be submitted together with the Preliminary Plat and the payment of appropriate fees. Information to be contained on the Development Plan is listed in Article N, Section 4.12. 3. Combination of Lots: Any person desirous of combining two or more contiguous and previously platted lots into one single lot for the purpose of removing interior lot lines to create a more buildable lot area shall submit a "Replat" thereof; obtain approval from the Town Council; and have same filed of record in the Plat Records of the county where the real property is located. Section. 3.12 Preliminary Conference Prior to the official filing of a Preliminary Plat, the subdivider, his planner, engineer, or representative shall consult with and present a proposed plan of the subdivision to the Town Planning and Zoning Administrator and other appropriate authorized Town representatives as determined by the Town, for comments and advice on the procedures, specifications, and standards required by the Town for the subdivision of land. 3.1 January, 1991 Section 3.13 Vacation Instrument. Replatting,, and Amended PIats Vacation of a Plat a. Prior to the sale of any lot. In cases where lots have not been sold, any Plan, Plat or Replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the Plat to be vacated, provided the approval of the Town Council shall have been obtained. The execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the Plan, Plat or Replat so vacated. b. After the sale,,.,. of any lot. In cases where lots have been sold, the Plan, Plat or Replat, or any part thereof, may be vacated upon the application of all owners of lots in said plat and with the approval of the Town Council. 2. Replat: A replat of a plat or a resubdivision of a plat, but without vacation of the immediate previous plat, shall be authorized to be recorded and shall be deemed valid and controlling when approved by the Town Planning and Zoning Commission and Town Council under the following conditions: a. It has been signed and acknowledged by all of the owners of the particular property which is being replatted. b. It has been approved by the Town Planning and Zoning Commission and Town Council after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard; C. It does not attempt to alter, amend or remove any covenants or restrictions; and d. There is compliance, when applicable, with subsections 3 and 4 of this section. The following additional requirements for approval shall apply, in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat. If any of the proposed area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot: 3.2 January, 1991 a. Notice of such Town Planning and Zoning Commission and Town Council hearing shall be given in advance in the following manner: 1) Publication at least fifteen (1 S) days in advance of hearing being published in the Town official newspaper of general circulation; and 2) Written notice, with a copy of subdivision (b) of this subsection attached thereto, of such public hearing forwarded by the Town to the owners (as the ownerships appear on the most recently approved ad valorem tax roll of the Town) of property in the original subdivision; such notice may be served by depositing the same, properly addressed and postage paid, in a post office or postal depository within the boundaries of the Town. b. If the proposed replat is protested in accordance with this Subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (3/4) of all members of the Planning and Zoning Commission and Town Council. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission and Town Council prior to the close of the public hearing. C. In computing the percentage of land area under Subsection b, the area of streets and alleys shall be included. d. Compliance with Subsections b and c is not required for approval of a replat of part of a preceding plat if the area to be replatted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. 4. Amended Plat. The Town Council is authorized to issue an Amended Plat which is signed by the applicants only and which is for one or more of the purposes set forth below. Approval and issuance of such an Amended Plat shall not require notice, hearing, or approval of other lot owners, only, if the sole purpose of the Amending Plat is: to correct an error in any course or distance shown on the prior Plat; b. to add any course or distance that was omitted on the prior Plat; C. to correct an error in the description of the real property shown on the prior Plat; 3.3 January, 1991 d. to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; e. to show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior Plat; f, to correct any other type of scrivener or clerical error or omission as previously approved by the Planning and Zoning Commission or governing body of the Town of Trophy Club; such errors and omissions may include, but are not limited to , lot numbers, acreage, street names, and identification of adjacent recorded Plats; g. to correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have materially adverse effect on the property rights of the other owners in the Plat; h. to relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; or L to relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: 1) attempt to remove recorded covenants or restrictions; or 2) increase the number of lots; or to make necessary changes to the prior plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the prior plat if: 1) The changes do not affect applicable zoning and other regulations of the Town; 2) The changes do not attempt to amend or remove any covenants or restrictions; and 3) The area covered by the changes is located in the area that the Town Planning and Zoning Commission or Town Council has approved, after a public hearing, as a residential improvement area. 3.4 January, 1991 SECTION 3.14 Dedication: Division of Property: Every owner of property to be divided, for which a Plat has been submitted for approval, shall be required to dedicate to the Town that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to Final Plat approval. At the time of such dedication, all liens for delinquent taxes on such dedicated property shall be removed. 2. Amended Plats: a. No dedication for streets, utilities or other public purposes may be required as a prerequisite to approval of a Plat combining two or more existing platted lots for the purpose of removing interior lot lines, or for the purpose of correction of error as permitted in Section 3.13.4. b. No dedication of right-of-way or easements except for the provision of utilities may be required as a prerequisite to approval of a Plat revision submitted for the purpose of moving an interior lot line to create an enhanced building site. SECTION 3.15 Platting or Replatting - Short Form 1. Conditions and Requirements A Preliminary Plat, Preliminary Plat approval, or detailed utility drawings will not be required for a short form Plat. A short form procedure may be followed for the approval of a subdivision when the land proposed to be subdivided or resubdivided meets the following conditions and requirements: a. The resulting lots conform to all minimum size requirements of these Regulations and the Comprehensive Zoning Ordinance. b. Such land abuts upon a street of adequate width and is so situated that no additional street or alley, right-of-way, easements, construction or other public property are required in order to meet the requirements of these Regulations, unless otherwise required by the Town. C. The perimeter of the tract being subdivided has been surveyed and marked on the ground, a Plat thereof prepared and submitted to the Town Planning and Zoning Administrator, and the nearest corner of each lot or parcel of such proposed subdivision is within two hundred 3.5 January, 1991 feet of a known corner which is adequately marked by a concrete monument or iron stake. d. The topography of the tract and the surrounding lands is such that no regard need be given in such subdivision to drainage, and drainage facilities are not required. C. The utilities, as required in these Regulations, are in place to serve each parcel or lot of such subdivision or resubdivision, or the installation of utilities will be a minor job, the necessary easements are already existing and arrangements to provide such utilities have been made. f. The uses proposed for the property will not require rezoning of any portion of the property, and the resulting lots conform to all area and setback requirements of these Regulations and the zoning ordinance of the Town of Trophy Club. 2. Formal application, for a short form Plat or Replat approval, shall be made by the subdivider in writing to the Planning and Zoning Commission and submitted to the Town Planning and Zoning Administrator at least twenty- four (24) days prior to the next regularly scheduled meeting of the Planning and Zoning Commission. 3. Submission - The subdivider shall submit three (3) blue line copies of the Plat, and one copy reduced to 8-1/2" x 11" with the Town Planning and Zoning Administrator at least fourteen (14) days prior to the date at which the Planning and Zoning Commission will consider the request. The short form Plat shall be submitted in final form, meeting the form and content requirements of a Final Plat. 4. Area Man - Such Plat shall be accompanied by three copies of an area map at a scale adequate to view the areas surrounding the proposed subdivision, and an 8-1/2" x 11" reduction of the area map and showing all existing subdivisions, streets, easements, right-of-way, parks, and public facilities in the vicinity including approximate locations and sizes of utilities. The area map shall also indicate the general drainage plan and the ultimate destination of the storm water, and the direction of flow of the drainage and wastewater systems. 5. Processine a. The subdivider shall submit the Plat in accordance with the fee schedule as required for a Final Plat in Section 4.14.13. 3.6 January, 1991 b. The Town Planning and Zoning Administrator shall process the Plat and insure that it is checked for conformance to Town Ordinances and Regulations. C. The Town Planning and Zoning Administrator shall forward a copy of all submitted material to the Planning and Zoning Commission with any comments or recommendations of the Town staff, Town engineer/planner, fire department chief, Trophy Club Municipal Utility District, and other authorities when appropriate; and subsequently to the Town Council for approval. d. Contents of the Plat shall consist of those items required of a Final Plat as listed in Section 4.14.4. e. Procedures regarding action of the Town are as listed in Section 4.14. 3.7 January, 1991