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ORD 1996-17ORDINANCE 96-17 P & Z ISM ORDINANCE 98-'08 P & Z April 21, 1998 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 96-17 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 ACCORDANCE 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. 91-03 OF THE TOWN RELATING TO SUBDMSION REGULATIONS; 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 2.12, 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 any original corner of the original survey of which it is a part, giving the dimensions 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, THE, 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. This Ordinance shall be cumulative of all other ordinances of the Town affecting the subdivision and development of property within the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 91-03 of the Town is hereby repealed, but provided that any complaint, action, cause of action, claim, permit or application for permit which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 91-03 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance 91-03 shall be deemed to remain and shall continue in full force and effect. That the rules, regulations and procedures attached hereto and including Articles 1 through 6 and all appendices hereto, 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 19th day of November, 1996. SMor, Town of Trop b, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: 4Townttorney, Town of Trophy Club, Texas November, 1996 Adopted November 19, 1996 PREPARED BY MUNICIPAL PLANNING RESOURCES GROUP, INC. TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 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 ACCORDANCE 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 213, 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 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 TROPHY CLUB SUBDIVISION REGULATIONS Table of Contents Description Pa -2e ARTICLE 1 General Provisions and Requirements Section 1.11 Tide 1.1 Section 1.12 Authority 1.1 Section 1.13 Purpose 1.1 Section 1.14 Conditions 1.2 Section 1.15 Jurisdiction 1.2 Section 1.16 Consistency with the Comprehensive Plan and Zoning Ordinance 1.2 Section 1.17 Special Provisions 1.2 Section 1.18 Conflict with other Ordinances 1.3 Section 1.19 Severability Clause 1.4 Section 1.20 Amendments 1.4 Section 1.21 Incorporation 1.4 ARTICLE 2 Definitions Section 2.11 General 2.1 Section 2.121 Definitions 2.1 ARTICLE 3 General Platting Procedures and Requirements for Platting Submittal Section 3.11 Requirements 3-1 Section 3.12 Preliminary Conference 3-1 Section 3.13 Plat Submittal 3-1 Section 3.14 Approval Procedure 3-2 Section 3.15 Preliminary Plats 3-4 Section 3.16 Final PIats 3-7 Section 3.17 Vacation Instrument, Replatting and Amended Plats 3-10 Section 3.18 Short Form Plat 3-13 Section 3.19 Plat Certification 3-15 Section 3.20 Dedication 3-16 WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") being so empowered by Iaw, 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 6 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 day of .1996. Mayor, Town of Trophy Club, Texas ATTEST': Town Secretary, Town of Trophy Club, Texas (SEAL) APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas Description Pate Section 3.21 Connection of Public Utilities 3-16 Section 3.22 Undergrounding of Utilities 3-17 ARTICLE 4 Improvements Section 4.11 Responsibility for Construction 41 Section 4.12 Prior Approval of Engineering Designs 4-1 Section 4.13 Inspection 4-1 Section 4.14 As -Built Plans 41 Section 4.14 Bonds 4-2 Section 4.15 Engineer's Certificate 4-2 ARTICLE S Subdivision Design Requirements Section 5.11 General 5-1 Section 5.12 Blocks 5-1 Section 5.13 Lots 5-1 Section 5.14 Streets 5-2 Section 5.15 Sidewalks and Bicycle Paths 5-6 Section 5.16 Storm Drainage 5_7 Section 5.17 Water, Sewer, and Fire 5-7 Section 5.18 Utility Easements 5-$ Section 5.19 Monuments and Lot Markers 5-8 Section 5.20 Natural Tree and Ground Cover 5_9 ARTICLE 6 Enforcement Section 6.11 Appeal 6-1 Section 6.12 Penalty for Violators of Regulations 6_1 Section 6.13 Town Attorney's Authority 6-1 Section 6.14 Variances to the Subdivision Regulations 6_2 APPENDIX A - Application and Checklists APPENDIX B - Certificates and Approvals (for Final Plat) APPENDIX C - Illustrations 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, as promulgated by Chapter 212 of the Texas Local Government Code, as heretofore, or hereafter 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 Land Use Plan, 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, parrs, playgrounds, recreation, and other public requirements and facilities. 5. Protect and conserve the value of land 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. Article 1, General Provisions and Requirements 1-1 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 Iegal descriptions and monumenting of subdivided land. 7. Preserve the natural beauty and topography of the municipality and to ensure appropriate development with regard to these natural features. 8. 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 and Zoning Commission for design, dedication, improvement, and restrictive use of the landsoas 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 Land Use 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. Plat Required_ 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. Article 1, General Provisions and Requirements 1_2 2. Provision of Streets or public utility services: 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. Sale and supply of utility services: 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. Noncompliance: 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 Manager or his/her designee 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 Manager or his/her designee shall forthwith file an instrument in the deed records of such county or counties stating that paragraphs 1, 2, and 3 no longer apply. 5. Remodeling Permits: 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 undergrounding of utilities is hereby expressly repealed. Article 1, General Provisions and Requirements 1-3 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 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 Iand 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. Article 1, General Provisions and Requirements 1-4 ARTICLE 2 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 hislher 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. 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. Allen: A public or private way permanently reserved as a secondary means of access to abutting property. 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. 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 paraIleI to the street right-of-way line which the building faces, and from which it takes its primary access. b) Side Building Setback Line: Aline parallel to the property line with an adjacent lot or street right-of-way on a corner Iot, which the building sides up to. Article 2, Definitions 2-1 c) Rear Building_ Setback Line: A line parallel to an adjacent lot line, allev, or street right-of-way line in the case of double frontage lots, which the building backs up to and from which it has its rear or secondary access fes. Commission: The Planning and Zoning Commission of the Town of Trophy CIub, Texas. Comprehensive Land Use Plan: A plan for the development of the Town adopted by the Council, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. Concept 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, and is not subject to approval but is submitted only as an item of reference. Construction Plans: The drawings and documents and contract conditions, whe written description of the character and construction of a subdivision. technical specifications including bid -e applicable, providing a graphic and scope of the work to be performed in Court An uncovered area surrounded by walls or buildings. 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. Dead-end Street: A street, other than a cul-de-sac, with only one outlet, as shown in Appendix C. Dedication: A gift or donation of property by the owner to the Town of Trophy Club. Densitv: The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use. 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 Iand 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. Article 2, Definitions I)_I) 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. Easement: An interest, usually site specific, in land granted to the Town, or other governmental entity, to the public generally, and/or to a private utility corporation. 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. Extraterritorial Jurisdiction: The unincorporated area, not apart 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 Chapter 212 of the Texas Local Government Code, as heretofore, or hereafter amended in accordance with the total population of the incorporated Town. 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. Floodwav: 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. 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 Frontagle: The length of street frontage between property lines. Article 2, Definitions 2-3 d) Lot. Irregular: Any lot not having equal front and rear lot Iines, 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 Iines, which is normally that distance measured along a straight line connecting the mid -point of the two side lot Iines. M.U.D.: A Municipal Utility District or any Special Law district operating pursuant to, in whole or in part, according to Chapter 54 Teras Water Code_ O gn Space: All land, other than public parks, designated for the recreational enjoyment and/or natural beauty of the area. Park: Land dedicated to, or purchased by, the Town for the purpose of providing public recreational and/or open areas, in compliance with the Comprehensive Land Use PIan. Pavement Width: The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs. Person: Any individual, association, firm, corporation, governmental agency, or political subdivision. 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. PIat: 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. 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. 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 described in and required by Chapter 212, Tex. Loc. Gov. Code Ann. as amended. Article 2, Definitions 2-4 Plat, Final: A Plat which 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 which meets all other requirements of State law or other Iaws of the Town. Preliminary Approval: Approval expressed by the Town as to the arrangement and approximate size of streets, alleys, paries, reserves, easements, blocks, and lots indicated on a Preliminary Plat. Public Hearing: A meeting or workshop, held by the Planning and Zoning Commission, Zoning Board of Adjustment, or Town Council which contains a portion which is designated as a public hearing. Publication of the hearing shall be placed in the local newspaper, and appropriate property notification as required by state law is required. Public Meeting or Workshop: Any meeting or workshop held by the Planning and Zoning Commission, Zoning Board of Adjustment, or Town Council at which a special workshop or regular business is conducted. Appropriate notification must be posted as required by state law. A public meeting or workshop may contain a public hearing as defined above. Public Rieht-of-Wav: 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. Replat:- A Plat vacating an existing subdivision in Iieu 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. Reserve StdRI 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. Sha111Mav: The word "shall" is always mandatory, while the word "may" is merely permissive. Sidewalk: A paved pedestrian way generally Iocated within public street right-of- way, but outside of the roadway, and built in accordance with Town specifications. Article 2, Definitions 2-5 Steep Slope: Areas which contain slopes over fifteen (I5) percent grade and are characterized by increased runoff and sediment hazards. 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 which primarily 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 which primarily carries traffic from local streets to primary collector streets, providing traffic circulation within the neighborhood. c) Street, Local: A street which 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. d) Street, -Private or Service Drive: A vehicular access way under private ownership and maintenance, which has not been dedicated to the Town and accepted by the Town. 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. 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. Subdivision: The term "subdivision" shall mean the development of a lot, tract, or parcel of land or a division of a Iot, 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 re -subdivision 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. Survevor: A licensed State Land Surveyor or a Registered Public Surveyor as authorized by the State Statutes to practice the profession of surveying. Article 2, Definitions 2-6 Thoroughfare Plan: Street plan which is part of the Comprehensive Land Use Plan of the Town of Trophy Club. Town: The Town of Trophy Club, Denton County, Teras. 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. Town Engineer_ The duly authorized person in charge of engineering for the Town, or his/her designated representative. 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. Trails: Hiking and biking pathways generally located on land dedicated for public use and or located on land to be considered open space. Utility Companv: A company providing a public service such as the provision of gas, electricity, cable television, telephone, etc. Vacation: To cancel, rescind, or render an act which has the effect of voiding a subdivision Plat as recorded in the County Clerk's office. Wastewater Service: The collection of waste -bearing water which 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) Wastewater Service: 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 and empowered to own and operate such a system. Water Svstem, 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. 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. Article ?, Definitions 2-7 ARTICLE 3 GENERAL PLATTING PROCEDURES and REQUIRENIENTS FOR PLAT SUB1'ri1TTAL SECTION 3.11 Requirements: 1. 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 Iot 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/she shall cause a Preliminary Plat to be processed, unless otherwise provided for by these regulations, 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. 2. Combination of Lots: Any person desirous of combining two or more contiguous and previously platted lots into one single Iot for the purpose of removing interior lot lines 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 Cling of a Preliminary Plat, the subdivider, his/her planner, engineer, or representative shall consult with and present a concept 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. SECTION 3.13 Plat Submittal 1. Generally: All plats to be considered for approval under these Regulations shall be submitted to the Town PIanning and Zoning Administrator along with a completed application and fees, and must be in accordance with all Regulation requirements. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-1 No Plat shall be formally accepted for review by the Town of Trophy Club until it fulfills all of the requirements of this Article. 2. Scale and Sheet Size: All Plats shall be drawn to a scale of one inch (1") = one hundred feet (100'), unless permission is obtained prior to submittal from the Town Planning and Zoning Administrator for a larger or smaller scale. All sheet sizes shall be 24" X 36" and shall be computer generated or drawn in ink on a reproducible film material. 3. Filing of the Plat: The final plat at a size of 18" x 24' shall be provided to the Town to be filed with the County by the Town. Said 18" x 24" plat may be drawn at 1" _ 200'. SECTION 3.14 Approval Procedure 1. Plats are to be submitted for the approval of the Commission in accordance with the provisions stated herein. The commission shall act on a final plat within thirty (30) days after the final plat is filed with the Town. A final plat is considered approved by the Commission unless it is disapproved within that period. 2. A final plat may be submitted but will not be considered for filing with the Town until it has been determined to be a completed application Once a plat is determined to be a completed application it shall be placed on the official agenda. An incomplete application will not be considered as being filed with the Town, but shall be returned to the applicant for completion and re -submittal. 3. If a plat is approved, the Commission shall endorse the plat with a certificate indicating the approval. The certificate must be signed by the Commission's presiding officer and attested by the Commission's Secretary, or by a majority of the members of the Commission. 4. If the Commission fails to act within the prescribed period, the Commission on request shall issue a certificate stating the date the plat was filed with the Town and that the Commission failed to act on the plat within the period. A plat has been deemed to be filed with the Town on the date it is placed on the official agenda for action by the Planning and Zoning Commission. The certificate is effective in place of the endorsement required by paragraph 3 above. 5. The Commission shall maintain a record of each application made to the Commission and the Commission's action taken on it_ On request of an owner of an affected tract, the Commission shall certify the reasons for the action taken on an application. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-2 6. The Commission, shall approve a plat if it conforms to: a. The general plan, rules and ordinances of the Town and its current and future streets, alleys, paries, playgrounds, and public utility facilities; b. The general plan, rules and ordinances for the extension of the Town and its roads, streets, and public highways within the Town and in its extraterritorial jurisdiction, taking into account access to the extension of sewer and water mains and the instrumentalities of public utilities; c. Any other rules adopted by this Ordinance or the Zoning Ordinance of the Town to promote the health, safety, morals or general welfare of the Town and the safe, orderly and healthful development of the Town. d. An approved preliminary plat 7. Duties of the Town Upon the complete submission of the documents and materials required pursuant to Section 3.15, Preliminary Plat, or Section 3.16, Final Plat, the Town Planning and Zoning Administrator or other Town official responsible for review and/or processing of the Preliminary or Final Plat shall: a. Review the Preliminary Plat for completeness, noticing application of generally accepted engineering and planning design principles and standards. In the case of Final Plat review, review of the Final Plat for compliance with the Preliminary Plat. b. Distribute the Preliminary or Final Plat to the following authorities for review: Town engineer and planner, fire department chief, Trophy Club Municipal Utility District, and other authorities when appropriate. c. Summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission. 8. Action by the Planning and Zoning Commission The decision of the Planning and Zoning Commission shall be approval or disapproval of the Preliminary or Final Plat. a. Approval shall constitute acceptance of the Preliminary Plat b. Conditional approval of the Preliminary Plat shall constitute approval, as defined above, however, it is subject to compliance with prescribed conditions and shall constitute disapproval until such conditions are met. Conditionally approved Preliminary Plats need not be addressed by the Planning and Zoning Commission again. The conditions attached to the Preliminary Plat shall be met upon filing of the Final Plat. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-3 c. Upon disapproval of the Preliminary or Final Plat by the Town Planning and Zoning Commission, the Preliminary or Final Plat shall be deemed completely rejected as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. Upon the approval or disapproval of the Preliminary or Final Plat by the Town PIanning and Zoning Commission, the Preliminary or Final PIat shall be submitted to the Town Council for consideration. 9. Action by the Town Council The decision of the Town Council shall be approval or disapproval of the Preliminary or Final Plat. A three-fourths vote of the members of the Council present and voting shall be required to overturn a unanimous decision of the Planning and Zoning Commission. In all other instances, a majority vote of the Council shall be required. a. Approval of a Preliminary Plat shall not constitute acceptance of the subdivision, but is only authorization to proceed with the preparations of engineering plans and Final Plat. Approval of the Preliminary Plat shall be subject to all conditions specified by the Planning and Zoning Commission either being complied with or documented and approved by the Town Council. b. Disapproval signifies rejection completely of the Preliminary or Final Plat as submitted. The applicant may then choose to re-initiate the subdivision approval procedure, including all fees required in the process. SECTION 3.15 Preliminary Plats I. Preliminary Plat Required: A Preliminary Plat shall be required for all parcels of land on which the filing of a plat is required by State law or Town Regulations and Ordinances. An exception shall be allowed in the event: a. A Preliminary Plat has been submitted within the last six months; or b. Platting is being submitted in accordance with Section 3.I S, Short Form Plat. 2. Criteria: The Preliminary Plat shall meet all the criteria of Preliminary Plat submission as required in Regulations and Ordinances of the Town and procedures as listed in these Regulations. 3. Preparation: The Preliminary Plat shall be prepared by a licensed Professional Engineer or Licensed Surveyor by the State of Texas. 4. Public Meetings: A Preliminary Plat does not require a public hearing. However, action on the Preliminary Plat, by the Planning and Zoning Commission and the Article 3, General Platting Procedures and Requirements For Plat Submittal 3-4 Town Council, is required at a public meeting. Notice of a public meeting must be posted 72 hours prior to the meeting. 5. The Preliminary Plat shall contain the following information: a. Names and addresses of the subdivider, record owner, land planner, engineer and/or surveyor. b. Proposed name of subdivision. Names and lot patterns of contiguous platted subdivisions within 100 feet of the subdivision. d. Vicinity map showing street location of tract by reference to existing street or highways. e. Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. f. Location of Town Iimit lines, if thev either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary. g. Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. h. The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public area and permanent structures within or contiguous to the subdivision. i. The locations, sizes, and descriptions of existing and proposed utilities, (above and/or below grade), within the subdivision or adjacent thereto. The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements, or other rights-of-way; blocks, lots and other sites within the subdivision specifically indicating the connection of improvements in adjacent subdivisions. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-5 k. Identification and location of proposed uses within the subdivision to include tracts intended for residential, commercial, churches, parks, governmental or other uses and also indicating existing and proposed zoning class ifFcations for each use. 1_ Topographical information based on 2 -foot vertical contour intervals except where excessively steep grade prohibits graphical representation, in which case 5 -foot vertical intervals may be used. m. Centerline of water courses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. n. Areas subject to flooding shall be shown, delineating the 100 -year flood limits if applicable. o. A drainage study shall be required to provide the information as recorded in Town of Trophy Club Design Guidelines. p. A number or letter to identify each lot and each block, an indication of the typical lot size; the area of the smallest lot_ q. Building setback lines on all lots and sites adjacent to streets. r. Title, date of preparation, scale and north arrow. Current description of the property to be subdivided which includes survey name and tract numbers from Town or County records_ t. Such additional terms and conditions including design standards as the Planning and Zoning Commission and Town Council deems necessary. 6. Deadlines and submitted material a. The applicant shall, when filing the preliminary plat, submit twelve (12) copies of the Preliminary Plat to the Town Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting at which it is to be addressed. b. The applicant shall, when filing the Preliminary Plat, submit an 8-112" X 11" reproducible reduction of all maps included in the submittal material. c. The applicant shall, when filing the Preliminary Plat, submit the completed application shown in Appendix A, and pay all fees required for Preliminary Platting as specified in Section 3.15, Preliminary Plats, item 6, Preliminary Plat Review Fee of this document. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-6 d. Upon action of the Planning and Zoning Commission, the applicant shall submit twelve (12) copies of the preliminary plat to the Town PIanning and Zoning Administrator within five ( ) days following the Planning and Zoning Commission meeting at which action was taken. These copies will then be forwarded to the Town Council for review. e. Failure to submit the material and pay all fees as required herein, as determined by the Town Planning and Zoning Administrator, shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. 7. Preliminary Plat Review Fee A Preliminary Plat review fee, in accordance with the schedule of fees as adopted by the Town, shall be paid the Town upon submission of a Preliminary Plat application. A schedule of these fees is available upon request at the Town offices and is provided with the application for Preliminary Plat. S. Effective Period a. The approval of a Preliminary Plan shall be effective for a period of twelve (12) months. In the event that the Final PIatting process has not been initiated by the developer within twelve (12) months from the date of approval of the Preliminary Plat, the Preliminary Plat shall require re -approval- The entire approval process including payment of fees will be required. b. The applicant may receive one (1) extension of the Preliminary Plat. Upon written request by the owner at least thirty (30) days prior to the end of the one (1) year period, the Preliminary Plat shall be placed on the Planning and Zoning agenda for consideration for extension. SECTION 3.16 Final Plats 1. Final Plat Required: A Final Plat shall be required for any subdivision of land within the corporate limits of the Town and for any parcel of land requiring a building permit. The Final Plat shall comply in all respects to the Preliminary PIat, and may include all or only part of the area of the approved Preliminary Plat. 2. When Required: After obtaining approval of a Preliminary Plat and compliance with all necessary fiscal agreements, including all fees or other assessments, the applicant may submit a Final Plat. The Final Plat shall be accompanied by a completed application as set forth in Appendix A, Applications and Checklists and shall be in accordance with all requirements of this ordinance. 3. Preparation: The Final Plat shall be prepared by a licensed Professional Engineer or Licensed Surveyor by the State of Texas. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-7 4. Public Meetings: A Final Plat does not require a public hearing. However, action on the Preliminary Plat, by the Planning and Zoning Commission and the Town Council, is required at a public meeting. Notice of a public meeting must be posted 73 hours prior to the meeting. S. The Final Plat shall contain the following information also shown in Appendix A. Aonlications and Checklists: a. Title or name of development, written and graphic scale, north point, date of Plat and key map. b. Location of the development by Town, County, and State. c. Accurate boundary survey and property description with tract boundary Iines indicated by heavy lines. d. A metes and bounds description of the subdivision, and locate the same with respect to a corner of the survey or tract or an original corner of the original survey of which it is a part. e. Accurate plat dimensions with all engineering information necessary to reproduce the Plat on the ground. f. Approved name and right-of-way width of each street, both within and adjacent to the development. g. Locations, dimensions and purposes of any easements or other rights-of-way and all building lines. h. Identifications of each lot or site and block by number or letter. i. Record owners of contiguous parcels of un -subdivided land, names and lot patterns of contiguous subdivisions within 100 feet of the subdivision. j. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. k. Certification of dedication of all streets, alleys, parks and other public uses signed by the owner or owners. 1. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the Town of such responsibility. A statement that "should the entity responsible for maintenance Article 3, General Platting Procedures and Requirements For Plat Submittal 3-8 responsibility. A statement that "should the entity responsible for maintenance of common held property fail to perform the function, the Town has the authority to provide appropriate maintenance and repair and collect appropriate fees and reimbursements". m. Dimensions and locations of all streets, alleys, squares, parks or other portions of the subdivision intended to be dedicated to public use. n. Space for signatures attesting approval of the Plat by Planning and Zoning Commission Chairman, Mavor, and Town Planning and Zoning Administrator, as shown in Appendix B, Certificates and Approvals. o. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the Plat, as shown in Appendix B, Certificates and Approvals. p. Compliance with all special requirements developed in Preliminary Plat review. 5. At least seven (7) days prior to the submission of a Final Plat application with the Town, the subdivider shall submit to the Town Planning and Zoning Commission three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. The engineering plans shall then be submitted to the Town engineer for his/her review and recommendation. These plans shall make adequate provision for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system, including lire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision, and shall provide for the construction of such other improvements as may be required. These Plans shall be in accordance with provisions of this ordinance and all other ordinances, policies, and procedures of the Town as related in the Design Standards for Paving, Drainage and Utility Improvements. The subdivider shall pay the full cost of all public improvements. 6. Tates: A receipt shall accompany the Final Plat indicating that all taxes have been paid. 7. Filins: The Final Plat shall be filed of record by the Town in the plat records of the county where the real property is located, but only after the Town Council has officially acted upon the Final Plat. Filing fees for recording the Final Plat shall be paid by the subdivider. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-9 8. Deadlines and Submitted Materials a. The applicant shall, when filing the Final Plat, submit twelve (12) copies of the Final Plat and complete engineering drawings to the Town Planning and Zoning Administrator at least fourteen (14) days prior to the Planning and Zoning Commission meeting at which it is to be addressed. b. The applicant shall, when filing the Final Plat, submit an 8-112" x 11" reproducible reduction of the FnaI Plat only. c. The applicant shall, when filing the Final Plat, also submit the completed application, as shown in Appendix A, and pay all fees required for Final Platting in accordance with Section 3.16, Final Plats item 10, Final Plat Review Fee of this document. d. Upon action of the Planning and Zoning Commission, the applicant shall submit twelve (12) copies of the Final Plat to the Town Planning and Zoning Administrator within five (a) days following the Planning and Zoning Commission meeting at which action was taken. These copies will then be forwarded to the Town Council for review. e. Failure to submit the material as described above, as determined by the Town Planning and Zoning Administrator, shall constitute an incomplete submittal and shall cause the application to not be accepted for filing or processing. 9. Final Plat Review Fee A Final PIat review fee, in accordance with the schedule of fees as adopted by the Town, shall be provided at the time the Final PIat application is submitted. A schedule of these fees is available upon request at the Town offices and is provided with the application for Final Plat. Section 3.17 Vacation Instrument. Replatting, and Amended Plats 1. Vacation of a Plat a. Prior to the sale of any lot. The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved L- L - and recorded in the manner prescribed for the original plat. b. After the sale of any lot. If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat_ c. The county clerk shall write legibly on the vacated plat the word "Vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-10 d. On the execution and recording of the vacating instrument, the vacated plat has no effect. 2. Replatting without vacating preceding plat: 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. 3. Additional requirements for replatting without vacating Dreviousplat: 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 Iimited by deed restriction to residential use for not more than two residential units per lot: a. Notice of such Town Planning and Zoning Commission and Town Council hearing shall be given in advance in the following manner. I) Publication at least fifteen (I5) 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 postai 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 (314) of all members of the Planning and Zoning Article 3, General Platting Procedures and Requirements For Plat Submittal 3 -II 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: a_ 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; d. to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; 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 Iot 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; Article 3, General Platting Procedures and Requirements For Plat Submittal 3-12 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 i. 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 j. 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.. SECTION 3.18 Short Form Plat 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 tots conform to all minimum size requirements of these Regulations and the Comprehensive Zoning Ordinance. b. The proposed subdivision contains a maximum of four (4) lots. c. 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. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-13 d. 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 feet of a known corner which is adequately marked by a concrete monument or iron stake. 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. f. 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. g. 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 - Formal application for a Short Form Plat 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 nett 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 8-112" x 11" with the Town Planning and Zoning Administrator at Ieast 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 Map - 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 8-112" Y 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 Iocations 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. Processiniz a. The subdivider shall submit the Plat in accordance with the fee schedule as required for a Final Plat in Section 3.16 item 13, Final Plat Review Fee. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-14 b. The Town Planning and Zoning Administrator shall process the Plat and ensure 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 3.16, item 4. e. Procedures regarding action of the Town are as listed in Section 3.16, Final Plat. SECTION 3.19 Plat Certification Proof of Approval: Upon the approval of a Final Plat or replat by the Planning and Zoning Commission and the Town Council, the Town Council shall issue to the person applying for the approval a certificate stating that the final plat or replat has been reviewed and approved by the Town Planning and Zoning Commission and the Town Council. M 2. Request for Information: Upon the written request of an owner of land or a public utility, the Town Council shall make the following determinations regarding the owner's land or the land in which the utility or Town Council is interested that is located within the jurisdiction of the Town: a. Whether a Final Plat or a replat is required under this ordinance; and b. If a Final Plat or replat is required, whether it has been prepared and whether it has been reviewed and approved by the Town Planning and Zoning Commission and the Town Council. c. A request submitted under this subsection must identify the Iand that is the subject of the request. 3. Certificate of Determination: If the Town Council determines that a Final Plat or replat is not required, the Council shall issue to the requesting party a written certificate of that determination. If the Council determines that a Final Plat or replat is required and that such document has been prepared and has been reviewed and approved by the Planning and Zoning Commission and the Town Council, the Council shall issue to the requesting party a written certification of the determination. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-15 4. Time Limit: The Town Council shall make its determination within twenty (20) days after the date it receives the request under "subsection 2" of this section and shall issue the certificate, if appropriate, within ten (10) days after the date the determination is made. 5. Process: A request submitted pursuant to "subsection 2" of this section shall be filed with the Town Planning and Zoning Administrator. The Town Planning and Zoning Administrator or his/her designee shall review the request and submit a recommendation to the Town Council as to whether a plat or replat is required for the property. Upon receiving the recommendation of the Town Planning and Zoning Administrator, the Town Council shall make its determination and issue the appropriate certificate in accordance with "subsection 3" of this section. In reviewing requests under this "subsection 5", the Town Planning and Zoning Administrator shall comply with the timetable outlined in "subsection 4" of this section. SECTION 3.20 Dedication: 1. Division of Propertv: 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 t-vo or more existing platted lots for the purpose of removing interior Iot lines, or for the purpose of correction of error as permitted in Section 3.17, Vacation Instrument, Replatting and Amended Plats item 4, Amended Plat. 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_ SECTION 3.21 Connection of Public Utilities 1. Certificate _ofApp/icability: An entity described in "subsection 2" of this section may not serve or connect any Iand with water, sewer, electricity, gas or other utility service, unless the entity has been presented with or otherwise holds a certificate applicable to the land and issued under Section 3.20, Plat Certification. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-16 2. Prohibitions to service or connect' The prohibition established by "subsection I" of this section applies only to: a. A city, and officials of a city, that provides water, sewer, electricity, gas or other utility service; b. A Town -owned or Town -operated utility that provides any of those services; and c. A public utility that provides any of those services. 3. Date of Prohibition: The prohibition established by this "subsection I" of this section applies only to land that an entity described by "subsection 2" of this section first serves or first connects with services on or after September 1, 1987. SECTION 3.22 Undergrounding of Utilities Gen_ erally: In addition to all other requirements set forth in other applicable ordinances and regulations of the Town, all subdivisions and plats submi tied Pursuant to this ordinance and all development within the Town shall: a. Require and provide that all electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines and wires, all cable television and other communication or utility lines and wires, all terminals and any other facilities and equipment, shall be installed, placed and constructed underground. Electric transformer and primary switching gear shall be pad mounted or placed underground; and b. Contain the written approval, affixed to the subdivision plat, as a condition of approval by the Town Council and Town Planning and Zoning Commission, of all electric, telephone, cable and other communication or utility companies serving the Town and which will provide service to the proposed subdivision or development. 2. Permit of Variance: The Town Council may authorize and permit a variance from the undergrounding requirement upon recommendation by the Planning and Zoning Commission. 3. Changes: Nothing in this ordinance or any other ordinance of the Town of Trophy Club shall prohibit or restrict any electric, telephone or other utility or communications company from charging the owner, developer or subdivider of or within a subdivision for the difference between the cost of constructing overhead lines and wires and placing the same underground, or from charging the owner developer or subdivider of or within a subdivision for extension of its lines and Article 3, General Platting Procedures and Requirements For PIat Submittal 3-17 wires, in accordance with the methods and procedures set forth in the respective utility's or communications company's approval tariff. It shall be the responsibility and duty of any such owner, developer or subdivider of, or within a subdivision, to pay all such charges to any such utility or communications company. No such utility or communications company shall be required to begin construction unless and until the owner, developer or subdivider of, or within a subdivision, has made arrangements satisfactory to the utility or communications company for the payment of the charges specified in this Section. 4. Provision of Temporary Utility Service: Nothing in this ordinance shall in any way prohibit or restrict any utility company from providing temporary utility service, provided that such temporary service shall be limited to twelve (12) months, and shall be subject to a $2,000.00 fine for each day in excess of that. 5. Street Liahtine: Nothing in this ordinance shall restrict or prohibit the placement, erection, or construction of street IiRhting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground. 6. Placement of Equipment:.All electric, telephone, and cable,utilities shall be placed in the rear easement whenever possible. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. Occasional location in the front yard area maybe permitted for unusual conditions if said locations have been indicated on an approved preliminary plat. All such equipment that is installed above ground will be low profile in nature and will not exceed thirty (30) inches in height. Placement of such equipment shall be such that it is located as near the rear property line as possible. Switch gear will be located such that it maintains low visibility but may be placed convenient to and accessible from the street. 7. All above ground equipment shall be screened from public view, said screening shall be completed at the time of installation by the utility company and/or developer. Article 3, General Platting Procedures and Requirements For Plat Submittal 3-18 ARTICLE 4 IMPROVEMENTS SECTION 4.12 Responsibility for Construction: All on-site improvements to be dedicated to the public, including water and sewer lines, storm drainage facilities, and street construction, shall be installed by the subdivider. The subdivider shall be responsible for 100% of the expense of all on-site improvements, which are to be dedicated to the Town and the M.U.D. SECTION 4.12 Prior Approval of Engineering Designs: Prior to commencement of construction of any proposed utility lines, drainage, or street improvements, the developer shall have received approval of the engineering plans or designs by the Town Engineer. The engineering drawings shall contain the seal and signature of a registered professional engineer as required by the laws of the State of Texas. SECTION 4.13 Inspection: No building permit shall be issued until the completion of all public dedicated improvements associated with the subdivision and acceptance of such improvements by the Town or the M.U.D., as applicable. The Town Engineer shall have the authority, after reviewing the construction of improvements, to accept and release parts of the subdivision for building permits. All construction work, including but not limited to street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers or water mains performed by the subdivider, developer, owner or contractor shall be subject to inspection by the proper authorities of the Town or the M.U.D. and shall be constructed in accordance with the Design Standards for Paving, Drainage and Utility Improvements approved by the Town Council or the M.U.D., where applicable, and in accordance with any other provisions of any other ordinance of the Town applicable thereto. SECTION 4.14 As -Built Plans: Prior to the acceptance of public improvements related to a subdivision by the Town or the M.U.D., where applicable, the engineer for the subdivider or developer shall submit to the Town or the M.U.D. a complete set of drawings of the paving, drainage, water and sewer improvements showing all changes wade in the plans during construction and containing on each sheet an "As -Built" stamp bearing the signature of the engineer for the subdivider or developer and the date. In addition, one reproducible drawing of the utility plan sheets, containing the "As -Built" information, shall be submitted. Article 4, Improvements 4-1 SECTION 4.15 Bonds: The appropriate performance bond, maintenance bond, and payment bond shall be executed and submitted in accordance with the requirements as provided in the Design Standards for Paving, Drainage and Utility Improvements of the Town of Trophy Club. SECTION 4.16 Engineer's Certificate: Upon completion of the construction of all public improvements, a certificate shall be provided, signed by the subdivision's registered engineer, that any and all improvements constructed in the subdivision have been completed in accordance with the approved construction plans, and that all monuments and lot markers have been properly located and placed in accordance with the ordinance as applicable. The Town shall verify that all items have been completed. The Town or its designated representative or agent shall conduct a final inspection of the project or subdivision and, if all work is found to. be acceptable, issue a letter of acceptance. Any items of exception noted in the acceptance shall be immediately satisfied. Acceptance of public improvements of this subdivision shall mean that the title to all improvements is vested in the Town or relevant M.U.D. Article 4, Improvements 42 ARTICLE 5 SUBDIVISION DESIGN STANDARDS SECTION 5.111 General 1. Conformitv to the Design Standards- No Plat or construction plans shall be approved by the Planning and Zoning Commission or Town Council, and no completed improvements shall be accepted by the Town Council unless they conform to the subdivision design requirements as contained in the Town of Trophy Club Subdivision Regulations and Design Standards for Paving, Drainage and Utility Improvements. 2. Conformitv to the Comprehensive „Land Use Plan - The subdivision shall conform to the Comprehensive Land Use Plan and the parts thereof as it exists and as hereinafter amended. 3. Reserve Strips Prohibited - There shall be no reserve strips of land except those which are conveyed or dedicated to the government having jurisdiction. 4. Extension of Town Facilities - To properly serve a subdivision, it may be necessary to extend existing utilities and/or drainage facilities. When these extensions or facilities are constructed outside the proposed subdivision, they are herein referred to as "off-site improvements". The subdivider shall install at his own expense off- site improvements of such size to adequately serve the area being subdivided. However, the Town may require the construction of off-site improvements of a size greater than set out above. SECTION 5.13 Blocks Block lengths shall not exceed twelve hundred (1200) feet except along major collectors. Lengths shall be measured from intersections of center line of streets. In the case of call -de -sacs, lengths shall be measured on street centerline from the intersection of street to the radius point of the cul-de-sac. SECTION 5.1:3 Lots 1. General - The lot design should provide for lots of adequate width, depth and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the subdivision and for the type of development and use contemplated, and in accordance with the adopted Comprehensive Zoning Ordinance of the Town of Trophy Club. Article 5, Subdivision Design Standards 5-1 2. Side Lot Lines - shall be substantially at right angles to straight streets and radial to curved street lines. 3. Extra Depth and Width in certain Cases - Where a lot in a residential area backs up to electric transmission lines (69 KV or higher), an arterial street, or other land use which has a depreciating effect on the residential use of the property, and where no marginal access street or other street is provided at the rear of such lot, additional depth may be required by the Planning and Zoning Commission. Where the side of a lot abuts to any of the above, additional width may be required by the Planning and Zoning Commission. 4. Lots Adjacent to or in Flood Plains - Subdivision of property in a designated flood plain must meet the requirements of the adopted ordinances of the Town of Trophy Club regulating land use and development in the flood plain. Where flood plains are Iocated adjacent to platted lots, the proposed finish floor elevation shall be indicated on the lot on the Final Plat. SECTION 5.14 Streets 1. General a. Streets on Town Comprehensive Land Use Pian or Thoroughfare Plan - Whenever a tract to be subdivided borders on or embraces any part of any street or parkway so designated on the Town Comprehensive Land Use Plan or Thoroughfare Plan, such part of such proposed public way shall be platted by the subdivider in the same location and at the same width as indicated on the Town Comprehensive Land Use Plan. All major and minor collector street locations, alignment, right-of-way width, pavement width, and cross section shall be in accordance with the adopted Comprehensive Land Use Plan and the Town's adopted Subdivision Regulations. b. Street Lavout - Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall be considered in relation to existing and planned streets, topographical conditions, public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. c. Local Streets - Streets shall be laid out so as to discourage their use by through traffic. d. Reserve strips prohibited - There shall be no reserve strips prohibiting access to land dedicated or intended to be dedicated to public use. Article S, Subdivision Design Standards 5-2 e. Street Names - Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used. f. Relation to Adjoining Street System - Where necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. Projection of Streets - Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided area. h. Street Lengths - Excepting major collectors, streetIengths without an intersection or turnaround shall not exceed 1200 feet. Lengths shall be measured from intersections of centerlines of streets. In the case of cul-de-sacs, lengths shall be measured on the centerline from the intersection of street to the radius point of the cul-de-sac. L Street Intersections - Street intersections shall be as nearly at right anngles as practicable, giving due regard to terrain and topography, sight distances, and safety. All major and minor collectors, unless otherwise approved by the Planning and Zoning Commission, shall intersect at or near 90 degree angles. j. Street Jogs - Street jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited. Streets intersecting with or extending to meet an existing street shall be tied to the existing street on center line with distances and angles to show relationships. k. Half Streets - No half streets will be permitted along the boundaries of proposed subdivisions. 1. Dead -End Streets - Permanent dead-end streets shall be prohibited except as short stubs to permit future expansion, and shall not exceed the depth of one (1) lot or two hundred fifty (250) feet whichever is less. m. Cul-de-sac - A cul-de-sac shall not be more than six hundred (600) feet in length measured from the street centerline intersection and the radius point of the cul-de-sac. The turnaround shall have a minimum right-of-way radius of fifty (50) feet and a minimum driving surface radius of forty (40) feet. n. Private Streets - Private streets shall only be permitted to be constructed within the corporate limits of the Town of Trophy CIub if they are approved as a part Article 5, Subdivision Design Standards 5-3 of a Planned Development (P.D.) district. In such cases the streets shall be constructed in accordance with all the design standards for streets and storm drainage as contained in the design documents adopted and/or used as standard engineering practice within the Town of Trophy Club. o. Residential Driveways - Residential driveways to serve garages, carports and/or storage areas shall not be more than twenty-four (24) feet in width, measured at the property line. A driveway shall not begin less than five (5) feet from the point of tangency of the corner radius of an intersection. Residential driveways shall not be constructed closer than ten (10) feet apart unless approved by the Planning and Zoning Administrator. p. Commercial Driveways - Commercial driveways shall not exceed sixty-five (65) percent of the property frontage; and shall be a minimum of twenty-four (24) feet and a maximum of forty-five (45) feet in width, measured at the property line. When the property frontage is seventy-five (75) feet or greater, the driveway measured at the property line shall not begin less than ten (10) feet from the property corner. When the property frontage is less than seventy-five (75) feet, the driveway measured at the property line may begin a minimum of five (5) feet from the property corner, provided there is not an existing driveway within fifteen (15) feet of the property comer of the adjacent property. The radius of all driveways shall be a minimum of ten (10) feet, except in instances where the edge of the driveway is located less than ten (10) feet from the property corner, in such cases the minimum radius shall be live (5) feet. q. Service Drives - For townhouse tots that have rear entry garages, each townhouse lot shall be provided with a service drive, private alley, or public alley abutting the rear lot line. Such service drive or alley shall have a minimum right-of-way width of twenty -live (25) feet, a minimum paved surface width of twenty-two (22) feet, and shall be developed in accordance with Town of Trophy Club Standards. Service drives and private alleys shall not exceed nine hundred (900) feet in length without providing access at the midsection of the alley to a public street. Service drives shall not be dedicated to the Town of Trophy Club and maintenance of said service drives shall be the responsibility of the owner or owners within the subdivision. r. Curb Ramps - Curb ramps for the handicapped shall be provided at all intersections. Ramps shall be located to provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheel chairs. Street Sims - Within the corporate limits of the Town of Trophy Club street signs will be furnished and installed by the subdivider or developer at each intersection. In addition, the developer shall install all regulatory, warning and Article 5, Subdivision Design Standards 5-4 guide signs, including posts, as shown on the plans or as directed by the Town. Examples of regulatory, warning and guide signs are as follows: 1) Regulatory signs shall include, but are not limited to STOP, 4 -WAY, YIELD, KEEP RIGHT, and speed limit signs. Any stop signs and street signs provided in subdivisions platted after March 21, 1995 shall be of the size and dimension and construction type provided in Appendix C, Illustrations. Duplicate signs of each sign installed shall be provided to the Town by the developer of the subdivision. 2) Warning signs shall include, but are not limited to DEAD END, NO OUTLET, DIVIDED ROAD, and PAVEMENT ENDS. 3) Guide signs shall include, but are not limited to street name signs, DETOUR, direction arrow and advance arrow. Street Lights - All developments shall be provided with street lights, as shown in Appendix C, 11111stratiorrs. Street lights shall be installed at the cost of the subdivider and at no cost to the Town. In general, lights should be located on metal poles at street intersections and at intervals no greater than 400 feet apart. Street lights should be the equivalent of 175 watt mercury vapor fixtures on minor residential streets. All collector streets shall have sodium vapor fixtures with a minimum of 250 watts. In some instances, greater wattage may be required by the Town. The Town reserves the right to inspect the street lighting construction. u. Pavement Widths and Right -of-Way Widths - Pavement widths shall be measured from the back of one curb to the back of the other curb. The minimum widths of pavement and right-of-way shall conform to the adopted Comprehensive Plan, and pavement sections shall conform to the Design Standards for Trophy CIub. v. Primary Collector Streets - Along all primary collector streets, the following shall apply: 1) When a side or rear yard abuts or lies adjacent to the right-of-way of a primary collector street: (i) except as provided in subparagraph (ii) of this paragraph V. 1), no building or structure shall be constructed, erected or installed closer than fifteen (15) feet to the said right-of-way; and (ii) a masonry wall not less than six (6) feet in height shall be constructed contiguous to the said right-of-way, Article 5, Subdivision Design Standards 5-5 2) Within the median area of a primary collector street, trees (which shall have a full grown height of at least fifteen (15) feet shall be planted every fifteen (15) feet, and shrubbery (with a projected mature height of between two (2) to three (3) feet) shall be installed every two to three feet. 2. Res nsibility for Installation a. Internal Streets 1) The subdivider shall be responsible for the construction of all streets within his subdivision at his own expense. 2) The subdivider shall, at his own cost, dedicate such right-of-way streets and construct such streets of such size as required in Section 3.21, Dedication, herein so as to adequately serve the area being subdivided. b. Perimeter Streets: Where the proposed subdivision is located adjacent to a substandard road or street within the Town and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay the Town a fee equal to one-half (1/2) the cost of improvements required to meet Town standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the Town for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the Town Engineer and made available to the subdivider. The fees shall be placed by the Town into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said road or street. When 'a thoroughfare is improved adjacent to the subdivision there shall not be a curb and gutter assessment levied by the Town against the property for which the fee was collected. If the improvement to the road or street does not occur within twenty (20) years from the date the fee is placed on deposit with the Town, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time. SECTION 515 Sidewalks and Extra Width Paths Guidelines - Sidewalks and/or extra width paths, constructed in accordance with the Design Standards of Trophy CIub and specifications, shall be required in subdivisions or developments. Sidewalks and/or extra width paths shall be required in conformance with the Comprehensive Land Use PIan and as required to tie in to recognized pedestrian pathways. The following guidelines shall apply generally in determining sidewalk and/or extra width paths locations: Article 5, Subdivision Design Standards 5-6 a. Location of sidewalks and/or extra width paths shall be determined within each subdivision on a case by case basis, as deemed necessary by the Planning and Zoning Commission. 2. Responsibility for Installation - The developer, as part of the subdivision Plat approval, shall be responsible for the construction of the required sidewalk and/or extra width path. No final clearance or certificate of occupancy will be issued until such sidewalk and/or extra width path has been installed, in accordance with the requirements of the Plat approval. The sidewalks and/or extra width paths shall be installed in accordance with the Design Standards of Trophy Club concerning construction and location of sidewalks and/or extra width paths. SECTION 5.15 Storm Drainage I. Storm drainage improvements must comply with design requirements as contained in the engineering design standards. SECTION 5.1.7 Water Sewer, and Fire 1. General The subdivider shall dedicate, at his own cost, such right-of-way and construct such water mains, water lines, fire hydrants, sanitary sewers, and drainage improvements of such a size as to adequately serve the area being subdivided, as determined by the Town Engineer and/or M.U.D. All Facilities shall be constructed in accordance with Design Standards of Trophy Club. 2. Water a. Water supply and distribution - All subdivisions shall be provided with water supply and water distribution systems approved by the Town Engineer and/or M.U.D. in accordance with standards as required by the Town Engineer andlor M.U.D. b. Fire hvdrants - Standard lire hydrants shall be installed as part of the water distribution system per specification of the State Board of Insurance, Town Fire Marshal, and in accordance with the standards as required by the Municipal Utility District 3. Wastewater a. All subdivisions shall be provided with an approved sewage disposal system approved by the Town Engineer and/or M.U.D. and in accordance with standards as required by the Town Engineer and/or M.U.D. Article 5, Subdivision Design Standards 5-7 SECTION 5.18 Utility Easements 1. The Iocation and width of sanitary sewer system, water, storm sewer, electrical, anchors, or other Town utility easements shall be determined by the Town Engineer and / or M.U.D. 2. Where easements are required for other than public utilities, then the Iocation and width must be acceptable. to the private utility company concerned, with the approval of the Planning and Zoning Commission. 3. Where any public or private utility line is required to be adjusted in location or elevation, the developer or subdivider shall cause such changes to be made with the approval of the Town Engineer and/or M.U.D. 4. Where the proposed subdivision adjoins an unplatted property, and a utility easement is to be dedicated on the adjacent property, then the owner and/or lien holder shall join in the dedication of a full easement, which shall be shown on the Plat. 5. Normal curb exposure shall be required where utility easements intersect streets. 6. Intersection Utility Easements - Where two utility easements intersect or turn at a right angle, a cutoff or corner clip of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line. 7. Water Sanitary Sewer and Storm Sewer - Shall be placed within street right-of- way, unless approved otherwise at the time of Final Plat approval. When a water, sanitary sewer or storm sewer line must cross an existing street, the crossing shall be made by boring or tunneling under the existing street. The bore pit shall be located a minimum of three (3) feet back of curb. The method of the bore shall be approved by the Town Engineer. All other utilities shall be placed in the rear easements, unless otherwise approved at the time of Final Plat approval_ SECTION 5.19 Monuments and Lot Markers 1. Location of Monuments - Monuments shall be set at each corner of the survey boundary of the subdivision, and permanent lot markers shall be placed at each lot corner. Monuments and lot markers shall be set immediately after completion of utility installations and street construction, or as the Town may require. 2. Monuments - Monuments shall be made of an iron rod three-fourths (3/4) inch in diameter and three (3) feet long, with a cross marked on the top, securely set in the Article 5, Subdivision Design Standards 5-8 ground until its top is flush with the natural surface of the ground. A block of concrete four (4) inches square or five (5) inches in diameter and eighteen (18) inches deep shall be set around the upper end, flush with the tip of the rod. Where, due to topographical conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments. All such intermediate monuments shall be marked with reinforcing iron bars one-quarter (114) inch in diameter by two (2) feet long driven nearly flush with the ground or countersunk slightly to avoid being disturbed. The permanent monuments shall be tied into the Town's horizontal and vertical control system. The Developer shall incur the cost of setting the monuments but shall provide data to the Town Engineer to physically place the monuments. 3. Lot Markers - Lot markers shall be iron pins no less than eighteen (18) inches long nor less than one-half inch in diameter set flush with the ground at every corner, at all angle points, and at all points of curves not otherwise designated under subparagraph 1 above. All points of intersection shall be referenced in accordance with the Towns horizontal control system. 4. Bench Marks - All plats shall provide bench marks located within the subdivision. Said bench marks shall clearly reference an elevation in accordance with mean sea level, shall provide horizontal control in accordance with the Town's control system, and shall be tied to a known point by dimensions. SECTION 5.20 Natural Tree and Ground Cover Natural tree and ground cover shall be preserved whenever possible. Other landscape features shall be carefully protected from abuse, marring, or damage during construction. Article 5, Subdivision Design Standards 5-9 ARTICLE 6 ENFORCEMENT SECTION 6.11 Appeal Any subdivider contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these Regulations shall have the right, after filing a written request with the Town Council as set forth in these Regulations within 7 days of the disapproval and/or interpretation, to have a hearing thereon before said body within twenty-four (24) days after the date of filing of such request. Decision of said body shall be final, and such further appeal shall be in accordance with appropriate law. SECTION 6.12 Penalty for Violators of Regulations 1. Except as provided in paragraph 2 of this section, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Thousand ($2,000.00) Dollars for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. ? , Any person violating any provision of this ordinance, regarding any real property located outside the corporate limits of the Town, but within the area subject to the requirements of this ordinance, as provided by law, shall not be guilty of a misdemeanor within the meaning of paragraph one of this section, nor shall be fined in relation thereto. However, the Town may institute an action in the District Court of the County where the real property is located to enjoin the violation of any provision of this ordinance. SECTION 613 Towyn Attorney's Authority On behalf of the Town, the Town Attorney, when directed by the Town Council shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of these Regulations or the standards referred to herein with respect to any violation thereof which occurs within the town or within the extraterritorial jurisdiction of the Town as such jurisdiction is determined under the Municipal Annexation Act, or within any area subject to all or a part of the provisions of these Regulations_ Article 6, Enforcement 6-1 SECTION 6.14 Variances to the Subdivision Regulations: The Town Council of the Town of Trophy Club shall have the ultimate power to grant or reject variances to the subdivision regulations upon receipt of a recommendation from the Planning and Zoning Commission. The Town Council may authorize a variance from these Regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Town Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the Town Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic, conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Town Council finds: 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of the land; and ?. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and 4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the adopted Comprehensive Land Use Plan and the provisions of these Regulations. Such findings of the Planning and Zoning Commission and the Town Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Town Council meeting at which such variance is granted or denied. Variances may be granted only when in harmony with the general purpose and intent of the adopted Comprehensive Land Use Plan and these Regulations so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. Article 6, Enforcement 6_2 APPENDIX A Applications and Checklists CONSTRUCTION DRAWING APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Construction Drawing Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the 'Town of Trophy Club, Texas. General Information; Number of Total Acreage: Current Zoning: Lots/Units: Owner; Owner- wner(please (please print) (signature) Address: Telephone Number: Developer: Developer: {please print} {signature} Address: Telephone Number: Land Planner: Land Planner: (please print) (signature) Address: Telephone Number: Surveyor: Surveyor: {please print} {signature} Address: Telephone Number: Engineer: Engineer: (please print) (signature) Address: Telephone Number: Procedures for Approval of Construction At least seven (7) days prior to the submission of a Final Plat application with the town, the applicant shall file three (3) copies of engineering plans, and construction drawings prepared, signed and sealed by a registered professional engineer. Applications must be submitted to the Planning and Zoning Administrator Town of Trophy Club 100 Municipal Drive, Trophy Club, Texas 76262 The Developer or his/her representative will forward a copy of the construction drawings to all Franchise Utility Companies for review as to the sufficiency of easements provisions. Failure to submit the material and pay all fees as required herein as determined by the Town Planning and Zoning Administrator shall constitute an incomplete submittal and the application shall not be accepted by the Town for Filing or processing. Upon the complete submission of the documents and materials required, the Town Planning and Zoning Administrator shall distribute the construction drawings to the Town engineer and planner, fire department chief, Trophy Club Municipal Utility District, and other authorities when appropriate. The Town Planning and Zoning Administrator will summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission. Construction Drawings Checklist This summary is provided for the applicants benefit. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club The engineering drawings submitted for review and approval of the proposed streets, drainage, and utilities shall be complete design drawings and shall comply with the design standards as adopted by the Town of Trophy Club. These drawings will be submitted with Final Plat. In all cases, the engineering drawings should conform to good engineering practices. The drawings should be placed in the order of the following checklist. Any resubmission should contain the marked up set of drawings returned to the applicant. After, completion, the Town will be provided with the original and two copies of the as -built drawings showing all corrections as approved by the Town. The plans shall be on 24"x36" or 22"x24" sheets. (For Town Use Only) On In- Not Plan complete ApplicahEe 1. A copy of the Final Plat 1�11Y{�Yr'����►I 1. Plan view shall include all existing and proposed easements and rights- of-way. 2. Plan view shall show street lighting. STREET SYSTEM 1. Paving plan shall show plan of existing and proposed street improvements. 2. Paving plan shall show right-of-way and paving width and curve data. Proposed utilities and storm drain shall be shown. 3. Paving profile shall show existing ground grade at the left and right property line. Existing center line grade is optional. The proposed grade of the right and left curb shall be shown and be at 50' intervals. 4. The Plan view shall typically be drawn at a scale of 1"=40' or 1"=50'. The profile shall typically be drawn at a vertical scale of 1"=4' or 1"=5'. STORM DRAINAGE SYSTEM 1. A drainage map showing the entire watershed in which the project is located shall be included. This map shall show contours at a minimum 5' intervals and be on a scale no larger than 1'=2000'. 2. A drainage area map of the project at a scale not to exceed 1"=100' with contours at a minimum of 2' intervals shall be provided. This map shall show the existing topography of the project site and the proposed grading plan of the site. Drainage contributing from areas outside the project site shall be specifically included in the required on site drainage requirements. 3. The drainage calculations for the site shall be provided on the plans. This calculation shall identify the sub -drainage area by number, the contributing area in acres, the time of concentration in minutes, the coefficient of runoff, the storm frequency and duration, the storm intensity in inches per hour and the accumulated runoff in cubic feet per second. 4. All (except unit hydrograph and HEC -2 Runs) Drainage computations shall be incorporated into the plans. These include pipe computations and any others needed to justify the design and assist in the review. Construction Drawings Checklist continued (For Town Use Only) On In- Not Pian complete Applicable STORM DRAINAGE SYSTEM continued 5. The direction of storm water flow on the site shall be shown on the drainage area map, with a "Q" shown at locations where flow enters inlets, channels or other structures. 6. The drainage facilities shall be designed for ultimate watershed developmen€, as shown by the Comprehensive Master Plan even though the project may be developed in phases or the topography is such that other development contribute to the proposed site. 7. Where phased development will occur, the drainage plans and calculations shall show how the drainage will be controlled during intermediary construction. 8. Where the storm drainage facilities tie into existing facilities, the plans shall show how this project will affect those existing facilities. 9. All existing and proposed drainage easements on the project site shall be shown, including all lakes, ponds, and bodies of captured water. WATER AND SANITARY SEWER SYSTEM 1. The water and sewer layout plan shall be provided at a scale of 1"-1001 . Proposed drainage improvements shall be reflected on the plan. 2. The plans shall show existing and proposed water and sewer improvements, including size of pipelines, location of valves (gate and flush), location of fire hydrants, location services, and location of manholes. I The sewer plan shall consist of plan and profile shdets drawn to scale of 1"-30' or 1"=50' horizontal and 1"=4' or 1"=5" vertical. The plans shall show existing and proposed wastewater collection improvements, including location of manholes, cleanouts, and services. Generally, sewer profiles without plan view will be acceptable. 4. Where proposed sewer facilities tie into existing facilities, the plans shall show the flow line of the existing facilities and how the proposed facilities affect the system. ««««««««««««««««««<FOR TOWN USE»»»»»»»»»»»»>»»»»> Application reviewed for completeness by: Application complete - Application resubmitted: Date: Application tentatively scheduled for P&Z agenda: Date: Fee amount S Date paid: Date: Application incomplete: Complete: Yes No Receipt No.: P&Z Recommendation: Approval Denial Date Council Action. Approval Denial Date FINAL PLAT APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Final Plat Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the Town of Trophy Club, Texas, General Information; Number of Total Acreage: Current Zoning: Lots/Units: Owner: Owner: (please print) (signature) Address: Telephone Number: Developer: Developer: (please print) (signature) Address: Telephone Number: Land Planner: Land Planner: (please print) (signature) Address: Telephone Number: Surveyor: Surveyor: {please print} {signature} Address: Telephone Number: Engineer: Engineer: (please print) (signature) Address: Telephone Number: Procedures for Approval of a Final Plat The applicant shall file 12 blue or black line copies, folded to 8 113" by l 1", of the Final Plat twenty-one (21) days prior to the scheduled Planning and Zoning Commission meeting, which are held on the 1st and 3rd Thursday night of each month. Also include the submittal of one reduced 8 1/2" x 11" reproducible of the Final Plat. At least seven (7) days prior to the submission of a Final Plat application with the Town, the applicant shall submit to the Planning and Zoning Administrator three (3) copies of engineering plans prepared, signed and sealed by a registered professional engineer. Applications must be submitted to the Planning and Zoning Administrator of the Town of Trophy Club at 100 Municipal Drive, Trophy Club, Texas 76262 The Developer or his/her representative will forward a copy of the Final Plat to all Franchise Utility Companies for review as to the sufficiency of easements provisions. Failure to submit the material and pay all fees as required herein as determined by the Town Planning and Zoning Administrator shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. Upon the complete submission of the documents and materials required pursuant to Section 3.16, Final Plats, the Town Planning and Zoning Administrator shall distribute the Final Plat to the Town engineer and planner, fire department chief, Trophy Club Municipal Utility District, and other authorities when appropriate. The Town Planning and Zoning Administrator will summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission. If all requirements are completed and corrections made, the Planning and Zoning Commission shall act on the Final Plat at the regularly scheduled meeting as specified in the Subdivision Regulations Section 3.16, Final Plats. Failure to attend the regularly scheduled meeting may result in the item being denied. Upon action by the Planning and Zoning Commission, the applicant shall submit 12 copies of the final plat to the Town Planning and Zoning Administrator 7 days prior to the Town Council meeting an which this application is to be considered. The Final Plat shall be accompanied by a filing fee as specified in the Town's Schedule of Fees. No action by the Planning and Zoning Commission or Town Council shall be valid until the filing fee has been paid. The fee is not refundable to the Subdivider regardless of the action taken on the Final Plat by the Commission or Town Council. Submit complete application and 12 copies of any required material to the Town twenty one (21) days prior to the P&Z meeting. Engineering Plans seven (7) days prior to Plat submittal. _ Material is reviewed by the Town Staff and Consultants Submit 12 copies of the revised Final Plat (if required by staff after staff review) 7 days prior to the P&Z Meeting Contact Town Staff for Town Council Agenda Date. Provide 12 copies of Site Plan reflecting all P&Z comments 7 days prior to the scheduled Town Council meeting. _ Agenda and staff comments provided to the applicant. Attend P&Z Meeting 7:00 pm. Town Council for Action Final Plat Checklist continued I 15. Seal and signature of the surveyor responsible for surveying the development and /or the preparation of the plat. 16. Compliance with all special requirements developed in preliminary plat review. 17. Statements indicating that no building permits will be issued until all public improvements are accepted by the Town. 18. Three (3) copies of engineering plans for all engineering improvements submitted 7 days prior to submittal of Final Plat application. ««««««««««««««««««<FOR TOWN USE»»»»»»»»»»»»»»»>»> Application reviewed for completeness by: Date: Application complete- Application incomplete: Application resubmitted: Date: Application tentatively scheduled for P&Z agenda: Date: Fee amount $ P&Z Recommendation: Council Action: Approval Approval Complete: Yes No Date paid: Receipt No.: Denial Denial Date Hate Final Plat Checklist This summary is provided for the applicants benefit However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club. The Final Plat shall be drawn to an appropriate scale not to exceed 1" = 104'. The Final Plat shall generally include all contiguous ownership. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision shall be attached to the plat. The Final Plat shall contain or have attached thereto: (For Town Use Only) Not On In- ar Mmplgte Applicab 1. Title or name of development written and graphic scale, north point, date of plat and key map. 2. Location of development by Town, County and State. 3, Accurate boundary survey and property description with tract boundary lines indicated by heavy line. 4. Accurate plat dimensions with all engineering information necessary to reproduce plat on the Ground. 5. Approved name and right-of-way width of each street, both within and adjacent to the development. fi. Locations, dimensions and purposes of any easements or other rights-of- way and all building lines. 7. Identification of each lot or site and block by number or letter. 8. Record owners of contiguous parcels of un -subdivided land, names and lot patterns of contiguous subdivisions. 9. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. 10. Certificate of the dedication of all streets, alleys, parks and other public uses signed by the owner or owners. 11. A copy of the final plat that has been marked up or prepared by the utility company showing the location, size and type of improvement planned to serve the subdivision. 12. Space provided for signatures of electric company, gas company, cable company, Trophy Club MUD, or any other public utility entity, stating that said utility has reviewed the Final Plat and is in agreement with the location of all easements and rights-of-way shown on the plat. 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the Town of such responsibility. 14. Space for signatures attesting approval of the plat by the Planning and Zoning Chairman, Mayor and Town Secretary. PRELIMINARY PLAT APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Preliminary Plat Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the Town of Trophy Club, Texas. General Information; Number of Total Acreage: Current Zoning: _ Lots/Units: Owner (please print) Owner! (signature) Address: Telephone Number: Developer: (please print) Developer: (signature) Address: Telephone Number: Land Planner: (please print) Land Planner: (signature) Address: Telephone Number: Surveyor: (please print) Surveyor: (signature) Address: Telephone Number: Engineer: Engineer: (please print) (signature) Address: Telephone Number: Procedures for Approval of a Preliminary The applicant shall file 12 blue or black line copies, folded to 8 112" by 11", of the Preliminary Plat twenty-one (21) days prior to the scheduled Planning and Zoning Commission meeting, which are held on the 1st and 3rd Thursday night of each month. Also include the submittal of one reduced 8 1/2" x 11" reproducible of the Preliminary Plat. Applications must be submitted to the Planning and Zoning Administrator of the Town of Trophy Club at 100 Municipal Drive, Trophy Club, Texas 76262 The Developer or his/her representative will forward a copy of the Preliminary Plat to all Franchise Utility Companies for review as to the sufficiency of easements provisions. Failure to submit the material and pay all fees as required herein as determined by the Town Planning and Zoning Administrator shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. Upon the complete submission of the documents and materials required pursuant to Section 3.15, the Town Planning and Zoning Administrator shall distribute the Preliminary Plat to the Town engineer and planner, fire department chief, Trophy Club Municipal Utility District, and other authorities when appropriate. The Town Planning and Zoning Administrator will summarize or compile the recommendations of the reviewing authorities and prepare a report to be presented to the Planning and Zoning Commission. If all requirements are completed and corrections made, the Planning and Zoning Commission shall act on the Preliminary Plat at the regularly scheduled meeting as specified in the Subdivision Regulations Section 3.15, Preliminary Plats. Failure to attend the regularly scheduled meeting may result in the item being either tabled or denied. Upon action by the Planning and Zoning Commission, the applicant shall submit 13 copies of the preliminary plat to the Town Planning and Zoning Administrator 7 days prior to the Town Council meeting on which this application is to be considered. The Preliminary Plat shall be accompanied by a filing fee as specified in the Town's Schedule of Fees. No action by the Planning and Zoning Commission or Town Council shall be valid until the filing fee has been paid. The fee is not refundable to the Applicant regardless of the action taken on the Preliminary Plat by the Commission or Town Council. Submit _omplete application and 12 copies of any required material to the Material is reviewed by the Agenda and staff comments Town Tues., twenty one (21) days prior Town Staff and Consultants provided to the applicant. to the P&Z meeting Submit 12 copies of the revised Preliminary Plat (if required by staff Attend P&Z Meeting 7 after staff review) 7 days prior to the pm. P&Z meeting. Contact Town Staff for Town Council Agenda Date, Provide 12 copies of Site Plan reflecting Town all P&Z comments 7 days prior to the scheduled Council for Town Council meeting A c t.inn Preliminary Plat Checklist This summary is provided for the applicants benefit. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club. The Preliminary Plat shall be drawn to an appropriate scale not to exceed I" = 100'. All sheet sizes shall be 24" x 36" or 22"04". The Preliminary Plat shall generally include all contiguous ownership. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat. The Preliminary Plat shall contain or have attached thereto: (For Town Use Only) On In- Not plan complete Applicable 1. Name and addresses of the subdivider, record owner, land planner, engineer and / or surveyor. 2. Proposed name of subdivision. 3. Names and lot patterns of contiguous platted subdivisions. 4, Vicinity map showing location of tract by reference to existing streets or highways. 5. Subdivision boundary lines, indicated by heavy lines, and the approximate area expressed in acres. 6. Location of Town limit lines, if they either traverse the subdivision, form part of the subdivision, or are contiguous to the subdivision boundary. 7. Dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, easements or other public right-of-way within the subdivision, intersection or contiguous with its boundaries of forming such boundaries, as determined from existing records. The distance from the centerline of the roadway of the boundary street to the proposed platted property shall also be shown. 8. The locations, dimensions, names and descriptions of all existing or recorded lots and blocks, parks, public areas and permanent structures within or contiguous to the subdivision. 9. The location, size, and descriptions of existing or proposed utilities, to include sewer and water mains, water towers and wells within the subdivision or adjacent thereto. The locations of existing gas, electric, telephone, cable TV lines. 10. The approximate location, dimensions, descriptions and names of all existing and proposed streets, alleys, drainage structures, parks, open spaces, natural features to be preserved, improvements to be installed for beautification, other public areas; reservations, easements or other rights-of-way other sites within the subdivision specifically indicating the connection of improvements to those improvements in adjacent subdivisions. 11. Identification and location of proposed uses within the subdivision to include tracts intended for medium -density dwellings, churches, parks, governmental or other uses and also indicating existing and proposed zoning classifications for each use. 12. Topographical information based on 2 -foot vertical contour intervals except where excessive steep grade prohibit in which case 5 -foot vertical intervals may be used. (For Town Use Only) On In- I Not Plan complete Applicable Preliminary Plat Checklist continued 12. Topographical information based on 2 -foot vertical contour intervals except where excessive steep grade prohibit in which case 5 -foot vertical intervals may be used. 13. Centerline of water courses, creeks and ravines, existing drainage structures and other pertinent data shall be shown. 14. Areas subject to flooding shall be shown, delineating the 100 -year flood limits if applicable. 15. A drainage study will be required to provide information as to the extent of drainage facilities that will be necessary in order to develop the property. 16. A number or letter to identify each lot and each block; indication of the typical lot size; the approximate area of the smallest lot. 17. Building setback lines on all lots and sites adjacent to streets. 18. "Title, date of preparation, scale and north arrow. 19. Current description of the property to be subdivided that includes survey name and tract number from Town or County records. ««««««««««««««««««<FOR TOWN USE»»»»»»»»»»»»»»»»» Application reviewed for completeness by- Date: Application complete Application incomplete: Application resubmitted: Date: Application tentatively scheduled for P&Z agenda: Date: Fee amount $ P&Z Recommendation: Council Action: Date paid: Approval Denial Approval Denial Complete: Yes No Receipt No.: Date Date REPLAT APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Replat Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the Town of Trophy Club, Texas. General Information; Number of Total Acreage: Current Zoning: Lots/Units: Owner: Owner-, (please print) (signature) Address: Telephone Number: Developer: Developer; (please print) (signature) Address: Telephone Number: Land Planner; Land Planner: (please print) (signature) Address: Telephone Number: Surveyor: Surveyor: (please print) (signature) Address: Telephone Number: Engineer: Engineer; (please print) (signature) Address: Telephone Number: Procedures for Approval of a Replat The applicant shall File 12 blue or black line copies, folded to S 112" by 1 l", of the Replat twenty-four (24) days prior to the scheduled Planning and Zoning Commission meeting, which are held on the 1st and 3rd Thursday night of each month. Also include one reduced S 112" x I I" reproducible of the Final Plat. Applications must be submitted to the Planning and Zoning Manager Town of Trophy Club 100 Municipal Drive, Trophy Club, Texas 76262 Failure to submit the material and pay all fees as required herein as determined by the Town Planning and Zoning Administrator shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. The Planning and Zoning Administrator shall distribute the Replat to the Town engineer, planner, Fire department chief, and other authorities for review. If all requirements are completed and corrections made, the Planning and Zoning Commission shall act on the Replat at the regularly scheduled meeting as specified in the Subdivision Regulations Section 3.16 Final Plat. Failure to attend the regularly scheduled meeting may result in the item being denied. Upon action by the Planning and Zoning Commission, the applicant shall submit 12 copies of the Replat to the Town Planning and Zoning Administrator 7 days prior to the Town Council meeting on which this application is to be considered. The Replat shall be accompanied by a Filing fee as specified in the Town's Schedule of Fees. No action by the Planning and Zoning Commission or Town Council shall be valid until the filing fee has been paid. The fee is not refundable to the Subdivider regardless of the action taken on the Replat by the Commission or Town Council. (If there is any conflict or difference between the information provided in the application packet and adopted ordinances of the Town the adopted ordinances of the Town shall take precedent and preempt anything herein.) Submit written application and 12 copies Material is reviewed by the Agenda and staff comments of required material 21 days prior to the Town Staff and Consultants provided to the applicant. P&Z meeting. Submit 12 revised Replat (if required Attend P&Z• Meeting 7:00 by staff after staff review) by noon the day before the P&Z meeting. pm. Contact Town Staff for Town Council Agenda Date. Provide 12 copies of the Replat reflecting all P&Z comments 7 days prior to the Town Council meeting. Town Council for Action Replat Checklist This summary is provided for the applicants benefit however, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club. V The Replat shall be drawn to an appropriate scale not to exceed 1" = 100'. The Replat shall generally include all of the tract intended to be developed at one time. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision shall be attached to the plat. The Replat shall contain or have attached thereto: (�FIi or Town Use Only) ONot Plan complete Anylicable I. Title or name of development written and graphic scale, north point, date of plat and key map. 2. Location of development by Town, County and State. 3. Accurate boundary survey and property description with tract boundary lines indicated by heavy line. 4. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 5. Approved name and right-of-way width of each street, both within and adjacent to the development. b. Locations, dimensions and purposes of any casements or other rights-of- way and all building lines. 7. Identification of each lot or site and block by number or letter. 8. Record owners of contiguous parcels of un -subdivided land, names and Iot patterns of contiguous subdivisions. 9. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. 10. Certificate of the dedication of all streets, alleys, parks and other public uses signed by the owner or owners. 11. A copy of the final plat that has been marked up or prepared by the utility company showing the location, size and type of improvement planned to serve the subdivision. 12. Space provided for signatures of electric company, gas company, cable company, Trophy Club MUD, or any other public utility entity, stating that said utility has reviewed the Final Plat and is in agreement with the location of all easements and rights-of-way shown on the plat. 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the Town of such responsibility. 14. Space for signatures attesting approval of the plat by the Planning and Zoning Chairman, Mayor and Town Secretary. Replat Checklist continued I 15. Seal and signature of the surveyor responsible for surveying the development and for the preparation of [he plat. 16. Compliance with all special requirements developed in preliminary plat review. 17. Statements indicating that no building permits will be issued until all public improvements are accepted by the Town. ««««««««««««<««««««FOR TOWN USE»»»»»»»»»»»»»»»»» Application reviewed for completeness by Date: Application complete- Application incomplete: Application resubmitted: Date: Complete: Yes No Application tentatively scheduled for P&Z agenda: Date: Fee amount $ Date paid: Receipt No.: P&Z Recommendation: Approval Denial Date Council Action: Approval Denial Date SHORT FORM PLAT APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Short Form Plat Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the Town of Trophy Club, Texas. General Information; Number of Total Acreage: Current Zoning: Lots/Units: Owner: Owner: (please print) (signature) Address: Telephone Number: Developer: (please print) Developer: (signature) Address: Telephone Number: Land Planner: (please print) Land Planner: (signature) Address: Telephone Number: Surveyor: (please print) Surveyor: (signature) Address: Telephone Number: Engineer: Engineer: (please print} (signature) Address: Telephone Number: Procedures for Approval of a Short Form Formal application for a Short Form Plat approval, shall be 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. Generally, the Planning and Zoning Commission meets on the 1st and 3rd Thursday of the Month. The applicant shall submit 12 blue or black line copies, folded to 8 1/2" by 11", of the Short Form Plat. One reduced 8 1/2" x 1 I" reproducible of the Short Form Plat shall also be submitted. The Short Form Plat shall be submitted in final form, meeting the form and content requirements of a Final Plat. Applications must be submitted to the Planning and Zoning Administrator of the Town of Trophy Club at 100 Municipal Drive, Trophy Club, Texas 76262 Failure to submit the material and pay all fees as required herein, as determined by the Town Planning and Zoning Administrator shall constitute an incomplete submittal and the application shall not be accepted by the Town for filing or processing. The Planning and Zoning Administrator shall distribute the plat to the Town engineer, planner, fire department chief, and other authorities for review. If all requirements are completed and corrections made, the PIanning and Zoning Commission shall act on the Short Form Plat at the regularly scheduled meeting as specified in the Subdivision Regulations Section 4.14. Failure to attend the regularly scheduled meeting may result in the item being denied. Upon action by the Planning and Zoning Commission, the applicant shall submit 12 copies of the Short Form Plat to the Town Planning and Zoning Administrator 7 days prior to the date scheduled for consideration by the Town Council. The Short Form Plat shall be accompanied by a filing fee as specified in the Town's Schedule of Fees. No action by the Planning and Zoning Commission and Town Council shall be valid until the filing fee has been paid. The fee is not refundable to the applicant regardless of the action taken on the Short Form Plat by the Planning and Zoning Commission and Town Council. Submit written application, with 12 Material is reviewed by the Agenda and staff comments copies of the plat, twenty four (24) days Town Staff and Consultants provided to the applicant. prior to the P&Z meeting. Submit 12 revised Short Form Plat (if Attend P&Z Meeting 7:00 required by staff after staff review) by pm. noon 7 days prior to the P&Z meeting. Contact Town Staff for Town Council Agenda Date. Provide 12 copies of Site Plan reflecting all P&Z comments 7 days prior to the scheduled Town Council meeting. Town Council for Action Short Form Plat Checklist This summary is provided for the applicants benefit. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club. The Short Form Plat shall be drawn to an appropriate scale not to exceed 1" = 100'. The Short Form Plat shall generally include all of the tract intended to be developed at one time. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision shall be attached to the plat. The Short Form Plat shall contain or have attached thereto: (For Town Use Only) On In- Not Plan com,allete Applicable 1. Title or name of development written and graphic scale, north point, date of plat and key map. 1 Location of development by Town, County and State. 3. Accurate boundary survey and property description with tract boundary lines indicated by heavy line. 4. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 5. Approved name and right-of-way width of each street, both within and adjacent to the development. b. Locations, dimensions and purposes of any easements or other rights-of- way and all building lines. 7. Identification of each lot or site and block by number or letter. 8. Record owners of contiguous parcels of un -subdivided land, names and lot patterns of contiguous subdivisions. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use. 10. Certificate of the dedication of all streets, alleys, parks and other public uses signed by the owner or owners. 11. A copy of the final plat that has been marked up or prepared by the utility company showing the location, size and type of improvement planned to serve the subdivision. 12. Space provided for signatures of electric company, gas company, cable company, Trophy Club MUD, or any other public utility entity, stating that said utility has reviewed the Final Plat and is in agreement with the location of all easements and rights-of-way shown on the plat. 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the Town of such responsibility. 14. Space for signatures attesting approval of the plat by the Planning and Zoning Chairman, Mayor and Town Secretary. Short form Plat Checklist continued 15. Seal and signature of the surveyor responsible for surveying the development and /or the preparation of the plat. 16. Compliance with all special requirements developed in preliminary plat review. 17. Statements indicating that no building permits will be issued until all public improvements are accepted by the Town. 18, Three (3) copies of engineering plans for all engineering improvements submitted 7 days prior to submittal of Final Plat application. ««««««««««««««««««<FOR TOWN USE»»»»»»»»»»»»»»»»» Application reviewed for completeness by: Date: Application complete- Application incomplete: Application resubmitted: Date: Application tentatively scheduled for P&Z agenda: Date,- Fee ate: Complete: Yes No Fee amount S Date paid: Receipt No.: P&Z Recommendation: Approval Denial Date Council Action: Approval Denial Date SITE PLAN APPLICATION AND CHECKLIST TOWN OF TROPHY CLUB Application for Site Plan Review Date: Name of Proposed Development: Legal Description: Tract (s) or Survey (s) or Lot (s) Block (s) of addition to the Town of Trophy Club, Texas. General Information; Number of Total Acreage: Current Zoning__ Lots/Units: Owner: Owner• (please print) (signature) Address: Telephone Number: Developer: Developer: (please print) (signature) Address: Telephone Number: Land Planner: Land Planner: (please print) (signature) Address: Telephone Number: Surveyor; Surveyor: (please print) (signature) Address: Telephone Number: Engineer: Engineer: (please print) (signature) Address: Telephone Number: Procedures for Approval of a Site Districts in which a Site Plan Review is Required before a Building Permit will be issued include the Following: All non-residential uses in: R-15, R-12, R-11, R-10, R-4, R-8, R -Fairway Village, R -Twenty in Trophy, R -Oakhill, R -Oakhill Patio, and R -Summit. All uses in: MH, PD, NS, CG, CR, PO, and GU. The following materials must be submitted by Tuesday, 21 days prior to the scheduled Planning and Zoning Commission Meetings, which are held on the 1st and 3rd Thursday nights of each month. Applications must be submitted to the Planning and Zoning Administrator of the Town of Trophy Club at 100 Municipal Drive Trophy Club, Texas 76262 1. A complete application for Site Plan Review. 2. A complete Site Plan. (20 copies) 3. 8 112" by 11" reproducible copies of all submitted exhibits. Failure to provide information, drawings, or attachments in form as requested herein shall be deemed an incomplete application. The application shall not be placed on the agenda for consideration until all information, drawings, or attachments are deemed to be complete. Failure to provide any necessary revised material by the deadlines indicated below may result in the delay of the application being placed on the agenda. You will receive notification of the public hearing on which the application will be addressed. In addition, you may also receive comments from the staff regarding revisions to the site plan. 12 copies of any revised material must be resubmitted to the Town 7 days prior to the Planning and Zoning Commission meeting. You or your representative will need to be present at the work session to answer any questions which may arise. Failure to attend the regularly scheduled meeting may result in the item being either tabled or denied. Before the Zoning Case goes to the Town Council, 12 corrected Site Plans, which have addressed the Planning and Zoning Commissions comments, must be submitted to the Town 7 days prior to the Town Council Meeting. Submit complete application and 12 copies of any required material 2l days .. Material is reviewed by the _ Agenda and staff comments prior to the P&Z meeting Town Staff and Consultants provided to the applicant. Submit 12 revised Site Plans (if required by staff after staff review) 7 Attend P&Z Meeting days prior to the Planning and Zoning 7:00 pm. Commission meeting. Contact Town Staff for Town Council Agenda Date. Provide 12 copies of Site Plan reflecting _ Town all P&Z comments 7 days prior to the Town Council for Council meeting. A etinn Site Plan This summary is provided for the applicant's benefit. However, fulfilling the requirements of this summary checklist does not relieve the applicant or his/her agent from the responsibility of the regulations in the zoning ordinance, subdivision regulations and other development related ordinances of the Town of Trophy Club. The Site Plan shall be drawn to an appropriate scale not to exceed I" = 100'. All sheet sizes shall be 24" x 36". In instances where engineering designs for streets, drainage, or utilities are required, said drawing shall he drawn in accordance with the procedures defined in the construction drawings checklist. Site Plan shall contain or have attached thereto: (For Town Use Only) On In- Not Plan complete Applicable 1. The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 100 feet. 2. Lighting and/or fencing and/or screening of yards and setback areas and proposed changes. 3. Design of ingress and egress. 4. Off-street parking and loading facilities, and calculations showing how the quantities were obtained. 5. Height of all structures. 6. Proposed uses. 7. Landscape plan. S. Tree Survey indicating location, size, and type of all existing trees. 9. The location and type of all signs, including lighting and heights. 10. Elevation drawings citing proposed exterior finish material. It. Street names on proposed streets. 12. Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns. 13. Engineering drawings of all improvements to be dedicated to the Town or M.U.D. if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time. 14. Utility and drainage easements for dedicated infrastructure, if required. 15. Such additional terms and conditions, including design standards, as the Planning and Zoning Commission and the Town Council deem necessary. ««««««««««««««««««<FOR TOWN USE»»»»»»»»»»»»»»»»» Application reviewed for completeness by- Date: Application complete- Application incomplete: Application resubmitted: Date: Complete: Yes No Application tentatively scheduled for P&Z agenda: Date: Fee amount $ Date paid: Receipt No.: P&Z Recommendation: Approval Denial Date Council Action: Approval Denial Date APPENDIX B Certificates and Approvals (for Final Plat) SURVEYOR'S CERTIFICATE This is to certify that 1, (name) , a registered professional engineer (Registered Public Surveyor) of the State of Texas, have platted the above subdivision from an actual survey on the ground; and that all lot corners, angle points, and points of curve are to be properly marked on the ground, and that this plat correctly represents that survey made by me. (Print Name) Engineer or Surveyor Texas Registration (SEAL) OWNER'S CERTIFICATE FORM OF DEDICATION AND NOTARY STATE OF TEXAS COUNTY OF DENTON WHEREAS, 1, am the sole owner (or we, , are all of the owners) of a tract of land situated in the Survey, County of , according to the deed recorded in volume page Deed Records of County, Texas, particularly described as follows: (insert legal description) NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, I, , being sole owner (or we, being all of the owners) do hereby adopt this plat desianatina the hereinabove described real property as Subdivision (or Addition) to the Town of Trophy Club, Denton County, Texas, and I (we) do hereby dedicate to the public's use forever the streets, (alleys, parks) and easements shown thereon. WITNESS my (our) hand(s) at (city) , County, Texas this the day of '19 BEFORE ME, the undersigned authority, on this day personally appeared known to me to the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ,19 Notary Public, County, Texas 'SOWN COUNCIL AND PLANNING AND ZONING COMMISSION APPROVAL Approved: , 19 TOWN OF TROPHY CLUB DENTON COUNTY, TEN -AS By: , Mayor Attest: , Town Secretary Planning and Zoning Commission Chairman APPENDIX C Illustrations U [PLATTED 6' .44 I 4' TTY 2, Til TV I i E 1Q' Easement W Utility Location on Street and Single Platted Lot T ETV on 6' 4' TTY._- 2' IE � I I I T Tv I E I I I I T I Tv I F 10' Easement I L I I I I I lo' Easement I I Utility Location with Lots Platted Both Sides uminazies: Paragon Style ight Post: American Style (by TU Electric) Light Post r f Light Post Y-8" 0'-6" Stop Sign and Street Sign with Post Stop Sign Typical Street Signs, Lights, e Posts TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LMTS OF THE TOWN OF TROPHY CLUB; PROVIDING DEFINITIONS; PROVIDING FOR PRELEW NARY 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 ACCORDANCE WITH THE TOWN'S DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITIES; PRESCRIBING FEES TO BE CHARGED; ESTABLISHING JURISDICTION WITHIN THE CORPORATE LDVIITS 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. 91-03 OF THE TOWN RELATING TO SUBDIVISION REGULATIONS; 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 paries 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 any original corner of the original survey of which it is a part, giving the dimensions 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 pian 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. This Ordinance shall be cumulative of all other ordinances of the Town affecting the subdivision and development of property within the Town and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No. 91-03 of the Town is hereby repealed, but provided that any complaint, action, cause of action, claim, permit or application for permit which prior to the effective date of this ordinance has been initiated or has arisen under or pursuant to Ordinance No. 91-03 shall continue to be governed by the provisions of that Ordinance and for that purpose Ordinance 91-03 shall be deemed to remain and shall continue in full force and effect. That the rules, regulations and procedures attached hereto and including Articles 1 through 6 and all appendices hereto, 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 19th day of November., 1996. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas