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ORD 1987-10AORDINANCE NO. 87-10A TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO.0 87-10-a AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REQUIRING APPROVAL OF A PRELIMINARY AND FINAL PLAN, PLAT OR REPLAT BY THE TOWN PLANNING AND ZONING COMMISSION AND APPROVAL OF A FINAL PLAN, PLAT OR REPLAT BY THE TOWN COUNCIL; PROVIDING PROCEDURES FOR REVIEW OF PRELIMINARY AND FINAL PLATS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is currently in the process of adopting subdivision regulations for the platting, replatting and subdividing of real property within the Town; and WHEREAS, the Town Council desires upon recommendation from the Town Planning and Zoning Commission to review for approval or disapproval plans, plats and replats filed with the Town as authorized by Section 3 of article 974a, Texas Revised Civil Statutes (Vernon), as amended; and WHEREAS, the Town Council finds that there is an urgent public necessity requiring adoption of this ordinance, said urgent public necessity being the need to review plats currently on file with the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the h-dy of this ordinance as if copied i r Cf Trop requ, limit corp( mean more of o futur condu attac. the Town of lents: shall be corporate the Town's Land shall nto two or transfer Mediate or ;s shall be exhibits 1 _.. 11L-L,iary and final plats for complEt-tvuess, noting compliance with design principles and standards in compliance with Town ordinances. 2. Distribute a copy of 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 as appropriate. 3. Summarize the recommendations of the reviewing authorities and prepare a report to be presented to the Town Planning and Zoning Commission and Town Council. 4. For purposes of administering the provisions of this ordinance, the Town Secretary shall be the person with whom preliminary and final plats are delivered by a subdivider and the person who shall make a determination that a plat is in order and ready to be filed. Upon the filing of a plat, the Town Secretary shall give notice to the subdivider. C. Action by the Planning and Zoning Commission- The Town Planning and Zoning Commission shall hold regularly scheduled public meetings to review preliminary and final plats submitted according to the provisions of this ordinance. Upon the filing of a preliminary or final plat with the Town, the Planning and Zoning Commission shall consider the same for approval or disapproval within thirty (30) days of the date of said filing. The decision of the Planning and Zoning Commission shall be approval, conditional approval or disapproval of the preliminary or final plat: 1. Approval by the Planning and Zoning Commission of the preliminary plat shall constitute acceptance of the preliminary plat and authorize the subdivider to proceed with the final plat review process. Approval of the final plat shall not constitute acceptance of the final plat by the Town, but shall only constitute a recommendation and authorize the subdivider to proceed to the Town Council for review of the same. 2. Conditional approval of a preliminary or final 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 and final plats need not be addressed by the Planning and Zoning Commission again. 3. Disapproval signifies complete rejection of the preliminary or final plat as submitted. Where a preliminary plat is disapproved, the applicant or subdivider may choose to reinstitute the preliminary plat approval procedure, including payment of all fees as required herein. where a final plat is disapproved, the applicant may proceed to the Town Council for review of the same. D. Action by the Town Council- The Town Council shall review preliminary and preliminary and final plats during regular or special meetings of the Council. 0010v 2 E. Decision of the Town Council- The decision of the Town Council shall e approval or disapproval of the final plat A two-thirds vote of Council members present and voting shall be required to overturn a decision of the Planning and Zoning Commission: 1. Approval of a final plat shall constitute acceptance of the subdivision. 2. Disapproval signifies complete rejection of the final plat. Where a final plat is disapproved, the applicant or subdivider may then choose to resubmit the plat to the subdivision approval procedure set forth herein, including payment of all fees required by the Town. F. Deadlines and submitted material 1. The applicant or subdivider shall submit six (6) copies of a preliminary or final plat and complete engineering drawings to the Town Secretary not later than fourteen (14) days prior to the Town Planning and Zoning Commission meeting at which the plat is to be addressed. 2. The applicant or subdivider shall submit an 8-1/2" X 11" reduction of the final plat only. 3. The applicant or subdivider shall also submit the completed application and pay all fees required for preliminary and final platting. 4. Failure to submit the material or pay all fees as described herein shall constitute an incomplete submittal and the plat shall not be placed on an agenda for either the Planning and Zoning Commission or Town Council for consideration. G. Fees 1. Preliminary and Final Plat Review Fees. A preliminary plat review fee and a final plate review fee shall be paid to the Town upon the filing of the preliminary and final plat in accordance with the following schedule: 0010V a. Plats that are platted with lots: (1) $300 per plat plus $5.00 per lot when there are twenty lots or less; or (2) $400 per plat plus $5.00 per lot when there are twenty-one lots or more; or 3 b. Plats that are platted by acres: (1) $300 per plat plus $1.0.00 per acre when there aro less than three acres; or (2) $400 per plat plus $20.00 per acre when there are three or more acres. c. For purposes of this section, the term "lot" shall mean any tract of land which is less than one (1) acre. Section 3. 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 4. This ordinance shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the 31 day of March , 1987. 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 L411291A 4