§ 35.16.6. Approval of Plat Required.

A.

Prior to the subdivision, resubdivision, or development of any land within the City, or its extraterritorial jurisdiction, all plans, plats, and construction plans for public improvements shall first be approved in accordance with these regulations except as follows:

1.

The division of land into two (2) or more parts, other than for purposes of development, if the smallest resulting parcels, tract or site is forty (40) acres or larger in size.

2.

Development on a single tract which was subdivided prior to January 1, 1960, and for which extension of streets or public improvements (excluding sidewalks) are not required to support the proposed development.

3.

Construction of additions or alterations to an existing building where no drainage, street, utility extension or improvement, additional parking or street access changes required to meet the standards of this Subchapter are necessary to support such building addition or alterations.

4.

Dedication of easement or right-of-way by separate document recordable in the County records if approved by City.

5.

Cemeteries complying with all state and local laws and regulations.

6.

Divisions of land created by order of a court of competent jurisdiction.

7.

A change in ownership of a property through inheritance or the probate of an estate.

B.

No land may be subdivided or platted through the use of any legal description other than with reference to a Plat approved by the Planning and Zoning Commission or the Development Review Committee Chairman in accordance with these regulations.

C.

Excepting agricultural leases, no land described in this section shall be platted or sold, leased, transferred or developed until the property owner has obtained approval of the applicable general development plan, Preliminary Plat, Final Plat, Development Plat, or Conveyance Plat from the Planning and Zoning Commission or the Development Review Committee Chairman as required by these regulations.

D.

General Rule - No Permits Before Plat.

Generally speaking, no Building Permit or Certificate of Occupancy shall be issued for any parcel or tract of land until such property has received Final Plat or Development Plat approval and is in conformity with the provisions of these subdivision regulations, the Plat has been recorded, all easements (including those by separate instrument) and all applicable permits are in place, and all public improvements have been accepted (if applicable). No private improvements shall take place or be commenced except in conformity with these regulations.

Exceptions:

1.

Definitions Applicable to All Exceptions.

a.

Phase means one Final Platted section of a larger overall development.

b.

Public improvements means the public infrastructure needed or required by the development, or by a single phase within a larger overall development.

c.

Regional improvements means those public improvements which are required of the development for the protection of either:

i.

Health, safety and welfare of the public at large; or

ii.

Property outside or surrounding the development;

Examples of Regional improvements include, but are not limited to:

i.

Water line "loops" or extensions for service;

ii.

Regional detention facilities;

iii.

Off-site drainage improvements.

2.

Model Home Exception for Single-Family Residential or Duplex Development. Within a phase containing public improvements that have not yet been finally accepted, a developer may construct no more than four (4) model homes, provided that all off-site, drainage or regional improvements have been installed, inspected and accepted and that each model home is inspected and found to meet all building, plumbing and fire code requirements prior to being opened to observation by the public, and provided further that the home will not be sold or occupied as a dwelling unit until all public improvements within that phase have been completed and accepted by the City.

3.

Exception for Multi-Family or Non residential Development.

a.

Upon application and satisfaction of the following conditions, along with other Code and Criteria Manual requirements otherwise applicable to full Building Permits, the Building Official may issue a Building Permit for multi-family or non-residential development, to enable limited construction as specified in the Permit, prior to satisfaction of remaining development requirements:

i.

The applicant must complete installation of all drainage and other regional improvements, particularly off-site improvements;

(A)

Upon application to, and approval by, the City Engineer, the portion of this condition requiring prior installation of required permanent drainage improvements may be satisfied by constructing temporary drainage improvements (such as detention ponds) that, in the opinion of the City Engineer, are adequate to offset the decrease in permeable surface of the permitted phase of development and prevent harm to downstream properties, pending completion and acceptance of required permanent regional improvements for drainage.

ii.

The applicant must enter into an agreement with the City, in a form approved by the City Attorney, which indemnifies and holds the City harmless for any failure of the applicant, owner or builder to obtain necessary access and drainage easements and permits, or to build needed offsite improvements; and

iii.

A Building Permit issued in this manner may be withdrawn upon failure to meet any imposed condition, as set forth in Section 35.1.10.

b.

The applicant must install and demonstrate proper function of fire hydrants and all-weather access improvements for fire apparatus required by the Fire Code and Chapter 29 of the Denton Code of Ordinances, prior to any construction above slab.

E.

No person shall transfer, lease, sell or receive any part of a parcel before a Conveyance Plat or Final Plat of such parcel and the remaining parcel has been approved by the Planning and Zoning Commission or the Development Review Committee Chairman in accordance with the provisions of these regulations and filed with the county clerk.

F.

The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited.