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Northlake City Zoning Code

ARTICLE 12

Subdivisions

§ 12.1 Purpose.

The regulations contained herein are for the purpose of promoting the public health, safety, and general welfare of the citizen(s) of the Town of Northlake.
(Ordinance 13-0124A adopted 1/24/13)

§ 12.2 Authority.

This Article is adopted under the authority of the Constitution and Laws of the State of Texas as specifically provided for in Chapter 212 of the Local Government Code. The provisions of these subdivision regulations expressly extend to all areas inside the Town limits and throughout the Town's Extraterritorial Jurisdiction (ETJ).
(Ordinance 13-0124A adopted 1/24/13)

§ 12.3 Plat Required.

A. 
A plat for any development of land is required for approval as follows:
1. 
The owner of a tract of land located within the limits or in the extraterritorial jurisdiction of the Town who divides the tract into two or more parts to lay out a subdivision of the tract, including an addition to the Town, to lay out suburban, building, or other lots or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts is required to prepare a subdivision plat of the property; or
2. 
To obtain a permit for the development of any tract of land that is located within the Town limits and has not been platted. The Town shall determine if a subdivision plat or a development plat shall be required. Permits for structures solely used for agricultural purposes shall be exempt from this requirement; or
3. 
Any person who proposes the development of a tract of land located in the Town's extraterritorial jurisdiction. Development of accessory buildings or additions to existing single-family residential structures, structures to be used solely for agricultural purposes, and new single-family residential structures on existing tracts of 1 acre or greater shall be exempt from this requirement.
B. 
Whenever development is proposed on a tract of land located within the Town's extraterritorial jurisdiction and a subdivision plat is not required, a development plat shall be required.
C. 
If a subdivision plat is required for approval on a tract of land, a development plat is not required in addition to the subdivision plat.
(Ordinance 13-0124A adopted 1/24/13)

§ 12.4 Approval Procedure.

A. 
Applications for development are to be submitted for the approval of the Town Manager or designee, Planning and Zoning Commission, or the Town Council, as appropriate, in accordance with the provisions stated herein. The Town Manager or designee, Planning and Zoning Commission, or the Town Council, as appropriate, shall act on a final plat application within the time period required by law.
B. 
A development application may be submitted but will not be considered filed with the Town until it has been determined to be a completed application including payment of all fees. An incomplete application will not be considered as being filed with the Town, but shall be returned to the applicant for completion and resubmittal.
C. 
If a Final Plat is approved, the Town Manager or designee, the Planning and Zoning Commission chairperson, or the Mayor, as appropriate based on the approval, shall endorse the Final Plat with a certificate indicating the approval. The certificate must be attested by the Town Secretary, or by a majority of the members of the Town Council.
D. 
If the Town Manager or designee, Planning and Zoning Commission, or Town Council fails to act within the prescribed period, the appropriate approval authority on request shall issue a certificate stating the date the Final Plat was filed with the Town and failed to act on the Final Plat within the period. The certificate is effective in place of the endorsement required by section 12.4.C above.
E. 
The Town Manager or designee shall maintain a record of each development application made to the Town and the action taken on it. On request of an owner of an affected tract, the Town Manager or designee, the Planning and Zoning Commission, or the Town Council, as appropriate, shall certify the reasons for the action taken on an application.
F. 
The Town shall approve a development application if it conforms to:
1. 
The rules and ordinances of the Town and its current and future streets, alleys, parks, playgrounds, and public utility facilities;
2. 
The Comprehensive Plan, rules, and ordinances for the extension of the Town and its roads, streets, and public highways within the Town and int [in] its ETJ taking into account access to and extension of sewer and water mains and the instrumentality's public utilizes;
3. 
Any other rules adopted by this UDC to promote the health, safety, morals, or general welfare of the Town and the safe, orderly, and healthful development of the Town.
G. 
An applicant has the right to appeal to the Planning and Zoning Commission if the Town Manager or designee disapproves the plat. The appeal must be filed within thirty (30) days of the disapproval.
H. 
A report of any plat applications approved by the Town Manager or designee shall be provided to the Planning and Zoning Commission at their regular meeting the following month. At a minimum, the report shall include a copy of the plat as approved.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 15, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023; Ordinance 24-0523C adopted 5/23/2024)

§ 12.5 Dedication and Maintenance of Property.

A. 
Disapproval of a Final Plat by the Town Manager or designee, by the Planning and Zoning Commission, or by the Town Council, as appropriate, shall be deemed a refusal by the Town to accept the offered dedication shown thereon. Approval of a Final Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the Town concerning the maintenance or improvements of any such dedicated parts until the Town has actually appropriated the same by entry, use, or accepted improvements.
B. 
It shall be unlawful for any officer or employee of the Town to enter upon or maintain the streets in any subdivision, and the Town will not accept or maintain such streets, unless and until such streets have been installed to the specifications of the Town's Engineering Design Manual, and the required utilities and drainage facilities have been installed, and such improvements have been formally accepted by the Town.
(Ordinance 21-0513C, sec. 16, adopted 5/13/21; Ordinance 24-0523C adopted 5/23/2024)

§ 12.6 Connection of Public Utilities.

It shall be unlawful for any official or employee of the Town to allow service or connection of a public utility to any undeveloped lot or tract until an appropriate Plat has been approved by the Town and all improvements, such as water, sanitary sewer, paving, and drainage have been constructed and formally accepted by the Town. It shall be unlawful for any private utility company to connect any utility without prior approval of the Town.
(Ordinance 13-0124A adopted 1/24/13)

§ 12.7 Modification and Variations.

At the discretion of the Town Council, the standards and requirements of this UDC may also be modified or varied in the case of a Planned Development (PD). Such modifications and variances from the standards specified may be made only when the Town Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the UDC which specifically apply to the creation of PD districts.
(Ordinance 13-0124A adopted 1/24/13)

§ 12.8 Development Plat Preparation and Approval.

A. 
General.
Any person who is required by this ordinance to submit for approval a development plat for the development of a tract of land located within the Town limits or in the Town's extraterritorial jurisdiction must have a development plat prepared. The Development Plat shall depict all planning factors necessary for Town Staff, the Planning and Zoning Commission, and/or Town Council to determine if the Development Plat is in conformance with the purpose and requirements of this Ordinance.
B. 
Filing Requirements.
Applicant shall submit copies of the Development Plat in the number and format stipulated by the Town. Upon determination that the submitted material constitutes a completed application, including the payment of all fees, the Town Manager or designee shall approve, approve with conditions, or deny a Development Plat that requests no waivers from the obligations of this UDC. The Planning and Zoning Commission shall submit a recommendation to the Town Council regarding a Development Plat that does request waivers of the obligations of this UDC. The Town Council may vote to approve, approve with conditions, or deny the Development Plat.
C. 
Filing Fees.
The Development Plat shall be accompanied by a filing fee as specified by the Town Council. The fee is not refundable to the applicant regardless of the action taken on the Development Plat.
D. 
Form and Content.
1. 
A development plat must be prepared by a registered professional land surveyor as a boundary survey showing:
a. 
The boundaries lines and dimensions of the property, existing lots, easements, utilities, roadways, sidewalks and emergency access easement.
b. 
Location, size and use of all existing or proposed buildings, structures, or improvements or proposed modifications of the external configuration of the building, structure, or improvement involving a change of the building, structure, or improvement;
c. 
Location and dimensions of each easement and right-of-way within or abutting the boundary of the surveyed property; and
d. 
Total number, location, and arrangement of off-street parking and loading spaces, where required.
e. 
All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.
f. 
The location, size and arrangement of all outdoor signs, exterior auditory speakers, and lighting.
g. 
Vicinity map, north arrow, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.
h. 
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties, where applicable.
i. 
The dimensions of each street, sidewalk, alley, square, park, or other part of the property intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the street, sidewalk, alley, square, park, or other part.
2. 
The Town Manager or designee, Planning and Zoning Commission or Town Council, as appropriate, shall in its action on the Development Plat, consider and endorse approval on a development plat filed with it if:
a. 
The plat conforms to the general plans, rules, and ordinances of the municipality concerning its current and future streets, sidewalks, alleys, parks, playgrounds and public utility facilities;
b. 
The general plans, rules and ordinances for the extension of the Town or the extension, improvement, or widening of its roads, streets and public highways within the municipality in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and
c. 
Any of the Town's general plans, rules or ordinances governing development plats within the Town or the Town's extraterritorial jurisdiction.
3. 
Additional Requirements for Gas Well Development Plats.
a. 
No well shall be drilled and no permit shall be issued for any well drilled at any location which is within six hundred feet (600) of any existing residence or place of assembly or the location of any approved plat development of any residence unless a surface owner agrees in writing to allow the well at a closer location to the residence or place of assembly in question.
b. 
It shall be unlawful to drill any well, and no permit shall be issued for any well to be drilled at any location within one hundred and fifty (150) feet of the boundary line of any of the public rights-of-way or land of the Town or within one hundred and fifty (150) feet of any location platted or shown on the Town's Comprehensive Plan for the development of any public rights-of-way or any Town facility.
c. 
All well access roads shall be located along the shortest route from the property line to the well site. Thereafter, such access roads shall continue generally parallel to, and no further than twenty-five feet (25') from the property line of the leased property, unless otherwise approved by the Council.
d. 
All pipelines shall be located along the shortest route from the well site to the nearest property line. Thereafter, pipelines shall be located parallel to any property line, easement, or right-of-way. Pipelines may be located within an existing easement so long as the pipeline does not interfere with any other utility within said easement and an agreement between the property owner and all public utility providers has been signed and is on file with the Town.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 17, adopted 5/13/21; Ordinance 24-0523C adopted 5/23/2024)

§ 12.9 Preliminary Plat Preparation and Approval.

A. 
General.
The owner of land to be subdivided in the Town shall have a Surveyor, registered in the State of Texas prepare a Preliminary Plat in accordance with this Ordinance. The Preliminary Plat shall depict all planning factors necessary for Town Staff, the Planning and Zoning Commission, and/or Town Council to determine if the Preliminary Plat is in conformance with the purpose and requirements of this Ordinance.
B. 
Filing Requirements.
Applicant shall submit copies of the Preliminary Plat in the number and format stipulated by the Town. Upon determination that the submitted material constitutes a completed application, including the payment of all fees, the Town Manager or designee shall approve, approve with conditions, or deny a Preliminary Plat that requests no waivers from the obligations of this UDC. The Planning and Zoning Commission shall submit a recommendation to the Town Council regarding a Preliminary Plat that does request waivers of the obligations of this UDC. The Town Council may vote to approve, approve with conditions, or deny the Preliminary Plat.
C. 
Filing Fees.
The Preliminary Plat shall be accompanied by a filing fee as specified by the Town Council. The fee is not refundable to the applicant regardless of the action taken on the Preliminary Plat.
D. 
Form and Content.
The Preliminary Plat shall be placed on maximum 22" x 34" sheets and drawn to a scale of 1" = 100' or 1" = 50' unless approved in advance by the Town. The Preliminary Plat shall clearly indicate the following information:
1. 
Name, address and telephone number of the owner, applicant, surveyor, and/or engineer.
2. 
Title Block in the lower right-hand corner of the plat. The form of the Preliminary
PRELIMINARY PLAT
of
(NAME OF SUBDIVISION)
List of lots & blocks and/or phases being (total # of acres) acres in the Survey, Abstract in the Town of Northlake, Denton County, Texas
# of lots by use
Current Zoning
3. 
Volume and page, or deed record number of the ownership deed from Denton County Deed Records.
4. 
Vicinity map and key map, if multiple sheets are needed.
5. 
Date of preparation, written and graphic scale, and north arrow.
6. 
Subdivision boundary lines, indicated by heavy lines
7. 
The computed gross acreage of the subdivision.
8. 
Metes and bounds description of the proposed subdivision.
9. 
Names of adjoining subdivisions with lots and blocks shown with dashed lines and/or property owners of record for all contiguous unplatted properties.
10. 
Town limits and/or ETJ limits (if applicable).
11. 
The location, dimension, and description and recording information for all existing rights-of-way, railroad rights-of-way, easements or other public ways on or adjacent to the property being developed.
12. 
Permanent structures and uses within the subdivision including location of houses, barns, walls, wells, tanks, and other significant features that will remain.
13. 
The location, dimensions, descriptions and flow lines of all existing drainage structures, and the location and projected high-water elevations of the floodplain and floodway as defined by the Federal Emergency Management Agency.
14. 
Existing utilities on the tract, specifying size of mains, and those which are transmission mains. In addition, the approximate location, dimensions, and sizes of all proposed water, wastewater, stormwater, and paving improvements to be constructed on- or off-site, which are relative to the subdivision.
15. 
Topography shown by contour lines on a basis of two (2') foot intervals referenced to NAD. Any proposed major changes in topography shall be indicated with proposed contour lines.
16. 
If there is no adjacent subdivision, a vicinity map on a small scale shall be included with the Preliminary Plat, and oriented the same way, to show the nearest subdivision in each direction; it shall show how the streets, alleys, or highways in the subdivision submitted may connect with those in the nearest subdivision, if it affects the subdivision design.
17. 
The location, dimensions, description and purpose of all proposed alleys, drainageways, parks, open spaces, other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision. Note if not located within floodplain and floodway.
18. 
A number to identify each lot or site and a letter to identify each block. Provide the proposed number of lots.
19. 
Dimensions for all lots. Gross acreage for all nonresidential lots. Approximate acreage for areas in residential use. Approximate acreage of streets, parks, and other nonresidential uses.
20. 
Front building setback lines on all lots and tracts and side setback lines abutting streets.
21. 
A "Preliminary Drainage Study" meeting the requirements of the Engineering Design Manual shall be submitted to the Town Manager or his/her designee, concurrent with the submittal of any Preliminary Plat to the Town. This information should include, but not be limited to the quantity of water, all points of discharge, and the velocity at each point of discharge.
22. 
An Approval Block in the form prescribed by the Town.
23. 
Where the proposed subdivision constitutes a portion of a larger tract owned by the owner/applicant, which will be subsequently subdivided, the Preliminary and Final Plats shall be accompanied by a layout of the entire area showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas.
24. 
The overall layout, if approved with the Preliminary Plat, shall be attached to and filed with a copy of the approved Preliminary Plat in the permanent files of the Town. Thereafter, subsequent incremental Final Plats of such subdivision shall conform to such approved overall layout, unless changed with a new Preliminary Plat approval.
25. 
Location of the subdivision 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. 
Approval Procedure.
1. 
Upon receipt of the Preliminary Plat and required filing fees, the Town Manager or his/her designee, shall check the Preliminary Plat for conformity with the Town's Comprehensive Plan, zoning regulations, these subdivision regulations and other applicable Town standards as referenced within this UDC and other Town Codes.
2. 
The Town Manager or his/her designee shall refer a copy of the Preliminary Plat to the Town Staff for a determination of necessary documents or other information that the applicant failed to provide with the application. Within ten (10) business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance. The written notice shall include the date the application will expire if the necessary documents or other information is not provided. Preliminary Plat applications will expire within forty-five (45) days of the date the application is delivered to the Town or sent to the Town by certified mail if the applicant fails to provide the specified documents or other information required in the written notice to the applicant.
3. 
The Owner/Applicant or his/her representative will forward a copy of the Preliminary Plat to all Franchise Utility Companies for review as to their requirements for easement.
4. 
The Town Manager or designee shall act on the Preliminary Plat as specified in section 12.9.B. After considering a Preliminary Plat that requests a waiver of the requirements of this UDC, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the Preliminary Plat to Town Council.
5. 
The approval of the Preliminary Plat by the Town Manager or designee, Planning and Zoning Commission, or Town Council, as appropriate, does not constitute official acceptance of the proposed subdivision by the Town, but does constitute an authorization to proceed with the preparation of the Final Plat. Denial shall constitute complete denial of the Preliminary Plat and will require resubmittal of the Preliminary Plat application in its entirety, including the filing fees.
6. 
Phasing: The applicant can request final plat approval of part of the tract contained in the Preliminary Plat if a final plat phasing plan was approved with approval of the preliminary plat.
a. 
The final plat phasing plan should include the date by which the applicant needs to record final plats for the entire tract, the dates by which infrastructure will be extended to the boundaries of the entire tract, and the approximate number of the proposed final plats and general location of each phase.
b. 
The Town Manager or designee, Planning and Zoning Commission, or Town Council, as appropriate, can approve the final plat phasing plan if they find that the approval will not impede the orderly growth of public services and infrastructure necessary to efficiently serve the tract included in the approved preliminary plat, and the areas adjacent to the tract served by the same public infrastructure.
c. 
The Town Manager or designee, Planning and Zoning Commission, or Town Council, as appropriate, may condition a phasing plan on the submission of an agreement to dedicate easements or rights-of-way.
d. 
If the owner fails to record complete final plats of the entire tract, the Town may seek a fine for the violation.
7. 
Preliminary Plat approval expires at the end of twenty-four (24) months after the approval date unless a Final Plat or phase of the Final Plat as indicated on the Preliminary Plat has been filed for approval or the applicant shows progress toward completion of the project in conformance with State law. If the Final Plat is developed in phases, the twenty-four (24) month expiration date shall be extended for another twenty-four (24) months after each phase is final platted.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 18, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023; Ordinance 24-0523C adopted 5/23/2024)

§ 12.10 Final Plat Preparation and Approval.

A. 
General.
The owner/applicant, his/her engineer or land planner shall submit a Final Plat prepared by a surveyor, registered in the State of Texas, which is in conformance with the approved Preliminary Plat of the subdivision and shall submit to the Town Manager or his/her designee complete Public Infrastructure Improvement Construction Plans for the subdivision. The construction plans shall be prepared in accordance with Section 4.12 of the UDC and the Engineering Design Manual of the Town of Northlake.
B. 
Filing Requirements.
Applicant shall submit copies of the final plat in the number and format stipulated by the Town. Upon determination that the submitted material constitutes a completed application, including the payment of all fees, the Town Manager or designee shall approve, approve with conditions, or deny a Final Plat that requests no waivers from the obligations of this UDC. The Planning and Zoning Commission shall submit a recommendation to the Town Council regarding a Final Plat that does request waivers of the obligations of this UDC. The Town Council may vote to approve, approve with conditions, or deny the Final Plat.
C. 
Filing Fee.
The Final Plat shall be accompanied by a filing fee as specified by the Town Council. The fee is not refundable to the applicant regardless of the action taken on the Final Plat.
D. 
Form and Content.
The Final Plat shall be placed on maximum 22" x 34" sheets and drawn to a scale of 1" = 100' or 1" = 50' unless approved in advance by the Town. The Final Plat shall clearly indicate the following information:
1. 
Title Block in the lower right-hand corner of the plat. The form of the Final Plat title block shall be as follows:
FINAL PLAT
of
(NAME OF SUBDIVISION)
List of lots & blocks and/or phases being (total # of acres) acres in the Survey, Abstract in the Town of Northlake, Denton County, Texas
# of lots by use
Current Zoning
2. 
Name, address and telephone number of the owner, applicant, surveyor, and/or engineer.
3. 
Vicinity map and key map if multiple sheets are needed.
4. 
Date of preparation, written and graphic scale and north arrow.
5. 
The Final Plat shall indicate the location name and/or purpose of all lots, streets, highways, alleys, easements, emergency access easements, parks, playgrounds, and other such features, with accurate dimensions given in feet and decimals of a foot and accurate bearings, showing the length of radii, deflection angles, and of all curves, tangent distance and tangent bearings shall be given for each street, all such data being complete and precise enough to permit accurate location upon the ground.
6. 
The names of adjoining subdivisions with lots and blocks shown with dashed lines and/or the names of the adjoining property owners if not subdivided.
7. 
Subdivision boundary lines, indicated by heavy lines, and shall include all necessary bearings, dimensions and curve data to describe the exact limits of the subdivision.
8. 
Town limits and/or ETJ limits, if applicable.
9. 
The location of all permanent monuments and control points to which all dimensions and bearing shall be referred.
10. 
Owner's certificate or deed of dedication - The dedication must be provided on both the Final Plat and a separate 8-1/2" x 11" or 8-1/2" x 14" sheet. Both copies must contain original signatures. The dedication deed or certificate of dedication shall be executed by all persons, firms, or corporations owning an interest in the property subdivided and platted, and shall be acknowledged in the manner prescribed by the laws of the State of Texas for conveyances of real property. Two (2) true copies must be furnished with the original. In the case of lienholders, they may execute a subordination agreement subordinating their liens to all public areas shown on the Final Plat of such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following:
a. 
An accurate metes and bounds description of the tract of land being subdivided.
b. 
A statement and express representation that the parties joining in such dedication deed or certificate of dedication are the sole owners of such tract of land.
c. 
An express dedication to the public for public use forever, the streets, alleys, rights-of-way, parks, school sites, and other public places shown on the Final Plat.
d. 
A positive reference and identification of the Final Plat of such subdivision by the name of such subdivision[,] date of Final Plat, and surveyor.
e. 
The surveyor responsible for surveying the subdivision area and preparing the Final Plat shall attest to the accuracy of same in the following form:
KNOW ALL MEN BY THESE PRESENTS:
That I, __________ , a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground.
________________________
Signature
________________________
Date
11. 
Identification of each lot by number and each block by letter.
12. 
An Approval Block in the form provided by the Town.
13. 
Minimum Building Setback Lines.
14. 
Certificate showing that all taxes have been paid on the tract to be subdivided, and that no delinquent taxes exist against the property.
15. 
The total gross acreage of the land being subdivided.
16. 
Location, dimension, description and recording information for all existing rights- of-way, railroad rights-of-way, easements or other public ways on or adjacent to the property being platted.
17. 
Location of Floodways/Floodplains as identified by the Federal Emergency Management Agency
a. 
Show the ultimate 100-year water surface elevation.
b. 
Show floodplain and floodway boundaries.
c. 
Drainage Floodway easement limits.
d. 
Minimum fill and floor elevations specified.
18. 
If desired by the owner/applicant and approved by the Town Manager or designee, the Planning and Zoning Commission, or the Town Council, as appropriate, the Final Plat may constitute only that portion of the approved Preliminary Plat which he/she proposes to immediately develop. However, partial development of an approved Preliminary Plat shall be in general accordance with designated phasing plan as indicated on the Preliminary Plat. In addition, the configuration of the portions selected for such incremental final platting shall not affect adjacent land, whether owned by the owner/applicant or others, in such a way as to render said adjacent land undevelopable in accordance with its current Zoning District classification.
19. 
A letter fully outlining any alterations from the Preliminary Plat approved under this UDC must accompany the Final Plat.
E. 
Approval Procedure.
1. 
Upon receipt of the Final Plat and required filing fees, the Town Manager or his/her designee, shall check the Final Plat for conformity with the Town's Comprehensive Plan, zoning regulations, these subdivision regulations and other applicable Town standards as referenced within this UDC and other Town Codes.
2. 
The Town Manager or his/her designee shall refer a copy of the Final Plat to the Town Staff for a determination of necessary documents or other information that the applicant failed to provide with the application. Within ten (10) business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance. The written notice shall include the date the application will expire if the necessary documents or other information is not provided. Final Plat applications will expire within forty-five (45) days of the date the application is delivered to the Town or sent to the Town by certified mail if the applicant fails to provide the specified documents or other information required in the written notice to the applicant.
3. 
The Owner/Applicant or his/her representative will forward a copy of the Final Plat to all Franchise Utility Companies for review as to their requirements for easement.
4. 
The Town Manager or designee shall act on the Final Plat as specified in section 12.10.B. After considering a Final Plat that requests a waiver of the requirements of this UDC, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the Final Plat to Town Council.
5. 
The approval of the Final Plat by the Town Manager or designee, Planning and Zoning Commission, or Town Council, as appropriate, does not constitute official acceptance of the drainage, streets, infrastructure, or other public improvements of the proposed Subdivision by the Town.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 19, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023; Ordinance 24-0523C adopted 5/23/2024)

§ 12.11 Replat Preparation and Approval.

A. 
General.
Any revision of any portion of a previously approved Final Plat shall require a request for a Replat. The Replat shall clearly depict all information pertaining to the changes from the previously approved Final Plat and all other information required to determine if the Replat is in conformance with the purpose and requirements of this UDC.
B. 
Filing Requirements.
Applicant shall submit copies of the replat in the number and format stipulated by the Town. Upon determination that the submitted material constitutes a completed application, including the payment of all fees, the Town Manager or designee shall approve, approve with conditions, or deny a Replat that requests no waivers from the obligations of this UDC. The Planning and Zoning Commission shall submit a recommendation to the Town Council regarding a Replat that does request waivers of the obligations of this UDC. The Town Council may vote to approve, approve with conditions, or deny the Replat.
C. 
Filing Fee.
The Final Plat shall be accompanied by a filing fee as specified by the Town Council. The fee is not refundable to the applicant regardless of the action taken on the Final Plat.
D. 
Form and Content.
The Replat shall be presented at a scale of one inch equals one hundred feet (1" = 100') or one inch equals fifty feet (1" = 50') on a full size sheet (22" x 34") unless prior approval for a variation in size or scale is obtained from the Town. The Replat shall clearly depict all information specified in section 12.10.D. in addition to the following items:
1. 
The letter "R" shall appear after the lot number of all lots that are being revised for the first time.
2. 
Where the subdivision being revised has not been divided into lots, then the property being resubdivided shall be assigned lot numbers beginning with the number "1" and proceeding consecutively.
3. 
The main title of the replat shall be as follows:
REPLAT OF_____________
CONTAINING
LOTS __-R, __-R, ETC., BLOCK ______ and Being a Revision of
LOTS __, __, __, ETC., BLOCK ______
as previously filed in Volume _____Page _____, Denton County Records
and Being Part of the ______Survey, Abstract #______
Town of Northlake, Denton County, Texas
4. 
All lot lines, easements, streets, and other such features of the previously approved and recorded Final Plat (which is being revised by the Replat) shall be indicated by dashed or dotted lines. If the amount of this information is so great as to cause confusion if shown on the Replat drawing, a smaller scale drawing of the previously approved and recorded Final Plat may be included on the same sheet as the Replat drawing.
5. 
Individual lots and/or blocks must be replatted in their entirety; i.e., no Replat request of a portion of a lot and/or block will be accepted.
6. 
If the property is not currently zoned or deed-restricted for single- or two-family dwellings and has not been so zoned or deed-restricted within the last five (5) years, a certification of same, signed by the owner, shall be included on the Replat drawing.
E. 
Approval Procedure.
1. 
Upon receipt of the Replat and required filing fees, the Town Manager or his/her designee, shall check the Replat for conformity with the Town's Comprehensive Plan, zoning regulations, these subdivision regulations and other applicable Town standards as referenced within this UDC and other Town Codes.
2. 
The Town Manager or his/her designee shall refer a copy of the Replat to the Town Staff for a determination of necessary documents or other information that the applicant failed to provide with the application. Within ten (10) business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance. The written notice shall include the date the application will expire if the necessary documents or other information is not provided. Replat applications will expire within forty-five (45) days of the date the application is delivered to the Town or sent to the Town by certified mail if the applicant fails to provide the specified documents or other information required in the written notice to the applicant.
3. 
The Owner/Applicant or his/her representative will forward a copy of the Replat to all Franchise Utility Companies for review as to their requirements for easements.
4. 
The Town Manager or designee shall act on the Replat as specified in section 12.11.B. After considering a Replat that requests a waiver of the requirements of this UDC, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the Replat to Town Council.
5. 
The approval of the Replat by the Town Manager or designee, Planning and Zoning Commission or Town Council, as appropriate, does not constitute official acceptance of the drainage, streets, infrastructure, or other public improvements of the proposed Subdivision by the Town.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 19, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023; Ordinance 24-0523C adopted 5/23/2024)

§ 12.12 Replatting Without Vacating Preceding Plat.

A. 
A Replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding Final Plat without vacation of that Final Plat if the Replat:
1. 
Is signed and acknowledged by only the owner(s) of the property being replatted;
2. 
Is approved, after a public hearing on the matter at which the parties in interest and citizens have an opportunity to be heard by the Planning and Zoning Commission and/or Town Council, as appropriate; and
3. 
Does not attempt to amend or remove any covenants or restrictions.
B. 
In addition to compliance with section 12.12.A above, a Replat without vacation of the preceding Final Plat must conform to the requirements of this Article if:
1. 
During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or
2. 
Any lot in the preceding Final Plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot.
C. 
Notice of the hearing required under section 12.12.A above shall be given before the fifteenth (15th) day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Denton County and by written notice, with a copy of section 12.12.D attached, forwarded by The Town Council to the owners of property in the original subdivision, as indicated on the most recently approved municipal tax roll of the Town. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the Town.
D. 
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 of all members of the Town Council. For a legal protest, written instruments signed by the owners of at least twenty percent (20%) of the areas of the lots or land immediately adjoining the area covered by the proposed Replat and extending two hundred feet (200') from that area, but within the original subdivision, must be filed with the Town Council prior to the close of the public hearing. In computing the percentage of land area under this subsection, the area of streets and alleys shall be included.
E. 
Compliance with sections 12.12.C and 12.12.D is not required for approval of a Replat or part of a preceding Final 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 Final Plat or in the legally recorded restrictions applicable to the Final Plat.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 19, adopted 5/13/21)

§ 12.13 Amending Plat.

A. 
The Town Manager or designee may approve and issue an Amending Plat, which may be recorded and is controlling over the preceding Final Plat without vacation of that Final Plat, if the Amending Plat is signed by the applicants only and is solely for one or more of the following purposes:
1. 
Correct an error in a course or distance shown on the preceding Final Plat;
2. 
Add a course or distance that was omitted on the preceding Final Plat;
3. 
Correct an error in a real property description shown on the preceding Final Plat;
4. 
Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
5. 
Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding Final Plat;
6. 
Correct any other type of scrivener or clerical error or omission previously approved by the Planning and Zoning Commission or Town Council, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
7. 
Correct an error in courses and distances of lot lines between two adjacent lots if:
a. 
Both lot owners join in the application for amending the Final Plat;
b. 
Neither lot is abolished;
c. 
The amendment does not attempt to remove recorded covenants or restrictions; and
d. 
The amendment does not have a material adverse effect on the property rights of the other owners in the Final Plat;
8. 
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or
9. 
Relocate one or more lot lines between one or more adjacent lots if:
a. 
The owners of all those lots join in the application for amending the Final Plat;
b. 
The amendment does not attempt to remove recorded covenants or restrictions; and
c. 
The amendment does not increase the number of lots;
10. 
To make necessary changes to the preceding Final Plat to create six (6) or fewer lots in the subdivision or a part of the subdivision covered by the preceding Final Plat if:
a. 
The changes do not affect applicable zoning and other regulations of the municipality;
b. 
The changes do not attempt to amend or remove any covenants or restrictions; and
c. 
The area covered by the changes is located in an area that the Planning and Zoning Commission or Town Council has approved, after a public hearing, as a residential improvement area;
11. 
Replat one of [or] more lots fronting on an existing street if:
a. 
The owners of all those lots join in the application for amending the plat;
b. 
The amendment does not attempt to remove recorded covenants or restrictions;
c. 
The amendment does not increase the number of lots; and
d. 
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
B. 
Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an Amending Plat.
C. 
If the above criteria can be met, then the Town will require that an Amending Plat be submitted to conform with the submittal requirements that are established for submittal of Final Plats in section 12.10. The title "Amending Plat" should be substituted in place of the title "Final Plat" where it appears in section 12.10.D.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 19, adopted 5/13/21)

§ 12.14 Minor Plat Process.

A. 
General.
A Minor Plat is a Final Plat that creates no more than four lots and does not require the construction of a new street or the extension of public facilities. A Preliminary Plat is typically not required prior to preparation of a Minor Plat. Minor Plats may be approved for residential and nonresidential properties.
B. 
Minor Plat Requirements.
1. 
The minor platting process is applicable if the subdivision meets the following requirements:
a. 
No more than four (4) lots are contained within the subdivision plat.
b. 
All lots to be created by the plat are adequately served by all required Town utilities and infrastructure.
c. 
The plat does not require the extension of any municipal facilities to serve any lot within the subdivision.
2. 
If the applicant proposes to plat less than all of its property, a Preliminary Plat shall be required. Once the Preliminary Plat is approved, the lot(s) desired for platting may follow the minor platting process if all requirements listed in section 12.14 B.1. are met.
C. 
Processing of Application and Decision.
1. 
Submittal.
An application for a minor plat shall be submitted to the Town Manager or his/her designee. The Town Manager or his/her designee shall review the application for completeness in accordance with section 4.2. The Town Manager or his/her designee may, at their option, forward a copy of the plat to other appropriate departments for review and recommendation. The Town Manager or his/her designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application.
2. 
Minor Plat Approval.
In accordance with Texas Local Government Code Section 212.0065, the Town Manager or designee may approve a minor plat. The Town Manager or designee may, for any reason, elect to present the plat for approval to the Planning and Zoning Commission or Town Council, as appropriate. The Town Manager or designee shall not disapprove a minor plat and shall be required to refer any plat for which approval is refused to the Planning and Zoning Commission or Town Council, as appropriate. If a minor plat is referred to the Planning and Zoning Commission or Town Council, as appropriate, the Planning and Zoning Commission or Town Council, as appropriate, shall act on the plat within thirty (30) days after the date of the Town Manager or designee's determination.
D. 
Contents of Minor Plat.
An application for a minor plat shall include the same information and documents required for approval of a final plat in accordance with section 12.10.
E. 
Criteria for Approval.
The Town Manager or his/her designee in considering final action on a Minor Plat should consider the following criteria:
1. 
The Minor Plat is consistent with all zoning requirements for the property, all other requirements of this UDC that apply to the plat, and any regulations contained in an approved development agreement;
2. 
All lots to be created by the plat already are adequately served by all required Town utilities and infrastructure;
3. 
The plat does not require the extension of any municipal facilities to serve any lot within the subdivision.
F. 
Expiration and Extension.
1. 
Expiration.
The approval of a minor plat shall remain in effect for a period of two (2) years from the date the application was approved or conditionally approved by the Town Manager or designee or the Planning and Zoning Commission or Town Council on appeal, during which period the applicant shall submit any required revisions for approval and recordation of the plat. If the minor plat has not been recorded within the two (2) year period, the plat approval shall expire and the plat shall be deemed null and void.
2. 
Extension.
At the request of the property owner or their representative, the expiration date for approval of a minor plat may be extended by the Planning and Zoning Commission or Town Council, as appropriate, for a period not to exceed six (6) months. A minor plat is not subject to reinstatement following expiration.
G. 
Plat Recordation.
The property owner shall submit the approved Minor Plat, following any required revisions, to the Town Manager or his/her designee, who shall cause the plat to be recorded in the property records of the county in which the land is located.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 20, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)

§ 12.15 Site Plan Process.

A. 
Purpose and Applicability.
1. 
Purpose.
This section establishes a site plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of site plan approval is:
a. 
To ensure compliance with the requirements of this UDC.
b. 
To promote better site design.
c. 
To integrate projects more effectively into their surrounding environment.
d. 
To prevent the impairment or depreciation of property values.
e. 
To improve internal vehicular and pedestrian circulation.
f. 
To encourage quality and innovative site planning techniques.
g. 
To protect and enhance the overall general public health, safety and welfare.
h. 
To ensure efficient and safe land development.
i. 
To ensure compatible use of land.
j. 
To ensure compliance with the Comprehensive Plan and other appropriate design standards.
k. 
To ensure adequate parking and loading, water supply, drainage and stormwater management, sanitary sewer facilities, and other utilities and services.
2. 
Applicability.
Site Plan review and approval shall be required as follows:
a. 
For any development that contains two (2) or more residential dwelling units on a single tract, lot, or parcel of land;
b. 
For any development that contains single-family attached dwelling units;
c. 
For any nonresidential development;
d. 
Any increase in an existing nonresidential structure or a residential structure that contains two (2) or more residential dwelling units that is greater than twenty-five (25%) percent of the existing building square footage;
e. 
For any PD or SUP.
f. 
For any private amenity facility and/or golf course included in a single-family residential development
g. 
No building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the Town. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and associated engineering/construction plans. The Site Plan review process shall include, but not be limited to, the following steps:
(1) 
Site Plan review and approval; and
(2) 
Construction of project (after Town approval of required Site Plan and other associated plans, including platting and engineering plans).
3. 
Exempted Uses.
The following land use activities are exempted from the requirements of this article:
a. 
Construction of single-family dwellings, ordinary accessory structures and related land use activities.
b. 
Ordinary repair and maintenance of existing structures or uses.
c. 
Agricultural land use.
d. 
Incidental landscaping or grading.
e. 
Individual manufactured homes.
f. 
Interior alterations that do not substantially change the nature or use of the structure.
B. 
Application Requirements.
Any request for site plan approval shall be accompanied by an application prepared in accordance with the requirements of the Town of Northlake.
C. 
Processing of Application and Decision.
1. 
Submittal.
An application for a site plan shall be submitted to the Town Manager or designee. The Town Manager or designee shall review the application for completeness in accordance with section 4.2. The Town Manager or designee may, at their option, request a recommendation from any other Town Department or consultant. The Town Manager or designee shall notify the applicant of items requiring correction or attention before providing a recommendation on the application. After appropriate review, the Town Manager or designee shall forward a recommendation to the Planning and Zoning Commission or Town Council, as appropriate for consideration.
2. 
Decision by Town.
The Planning and Zoning Commission or Town Council, as appropriate, shall receive the recommendation of the Town Manager or designee and shall consider the proposed site plan. The Planning and Zoning Commission may vote to approve, approve with conditions, or deny a proposed site plan that requests no waivers from the obligations of this UDC. The Planning and Zoning Commission shall submit a recommendation to the Town Council regarding a proposed site plan that does request waivers of the obligations of this UDC. The Town Council may vote to approve, approve with conditions, or deny the proposed site plan.
D. 
Contents of a Site Plan.
An application for a site plan shall include the following information and documents:
1. 
Completeness Requirements.
a. 
Appropriate Fees
b. 
Application signed by owner
c. 
Legal Metes and Bounds description
d. 
Site Plan checklist
e. 
Traffic Impact Analysis Determination form
f. 
Tree Survey
g. 
Applicant shall submit copies of the site plan in the number and format stipulated by the Town.
2. 
Technical Requirements.
Site plans shall be placed on maximum 22" x 34" sheets and drawn to a scale of 1" = 100' or 1" = 50' unless approved in advance by the Town.
a. 
Title block in lower right-hand corner including:
(1) 
Subdivision name with lot and block number.
(2) 
Area in acres.
(3) 
Metes and bounds description including survey name and abstract number.
(4) 
Town and County.
(5) 
Preparation Date.
b. 
Name, address, and telephone number of the owner, applicant, surveyor and/or engineer.
c. 
Vicinity map and key map, if multiple sheets are needed.
d. 
Written and graphic scale and north arrow.
e. 
Approximate distance to the nearest cross street
f. 
Site boundaries, dimensions, lot lines, site acreage and square footage
g. 
Legend, if abbreviations or symbols are used
h. 
Site data summary table providing the following information:
(1) 
Zoning
(2) 
Proposed use
(3) 
Building area (gross square footage)
(4) 
Building height (feet and inches)
(5) 
Area of impervious surface
(6) 
Total parking: required/provided (ex: 44 required/45 provided)
(7) 
Number of handicap spaces: required/provided (per ADA standards)
(8) 
Number of dwelling units and number of bedrooms for multifamily development (if applicable)
i. 
Existing improvements within seventy-five feet (75') of the subject property
j. 
Land use, zoning, subdivision name, recording information and owner of adjacent property.
k. 
Building locations, size and dimensions, dimensions between buildings on the same lot, building lines and setbacks and use.
l. 
Dimensions of all drive lanes and traffic flow arrows.
m. 
FEMA 100-year floodplain with elevation including finished floor elevation. Include floodplain note provided as part of plat.
n. 
Public streets, private drives and fire lanes with pavement widths, rights-of-way, median openings, turn lanes, existing driveways of adjacent property and driveways shown on approved plans for adjacent property with dimensions, radii and surface type
o. 
Distances between existing and proposed driveways
p. 
Loading and unloading areas, the location of ramps, crosswalks, sidewalks and barrier-free ramps with typical dimensions
q. 
Location of off-street loading areas, dumpsters and trash compactors with height and material of screening.
r. 
Size, location, dimensions and details of all signs and exterior lighting of signs, including type of standards, locations and radius of light and intensity of footcandles. Location of existing and proposed water and sanitary sewer mains and service lines with sizes, valves, fire hydrants, manholes and other structures on-site and adjacent to the site.
s. 
Inlets, culverts and other drainage structures on-site and adjacent to the site
t. 
Existing and proposed easements (utility, floodway and drainage, access, visibility and maintenance, fire lane, etc.)
u. 
Provide an elevation of all four (4) sides of the building including building materials, colors and dimensions at an architectural scale of one inch equals twenty feet (1" = 20').
v. 
Landscape plan provided on separate sheet and including the following:
(1) 
Natural features including tree masses and anticipated tree loss, floodplains, drainageways and creeks.
(2) 
Screening walls, fences, living screens, retaining walls, headlight screens and service area screens, including height and type of construction and/or planting specification
(3) 
Existing/preserved trees including location, size and species
(4) 
Landscaping materials including location, size etc.
(5) 
Proposed plant materials including locations, species, spacing (if applicable) and size (at time of planting and at maturity)
(6) 
Note irrigation, sprinkler or water systems, including placement of water sources. Include the following note: "All green space and landscaping will be maintained by (type) watering system."
w. 
Any additional information as requested to clarify the proposed development.
E. 
Criteria for Approval.
The Planning and Zoning Commission or Town Council, as appropriate, in considering action on a site plan, should consider the following criteria:
1. 
The site plan is consistent with the general purpose and intent of the applicable zoning district regulations
2. 
The site plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development-related adverse impacts
3. 
The site plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing traffic patterns in the area
4. 
The site plan incorporates features to minimize adverse effects on adjacent properties.
5. 
Adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site.
6. 
The site plan meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood
7. 
The proposed use and associated site plan promote the health, safety or general welfare of the Town and the safe, orderly, efficient and healthful development of the Town
F. 
Revisions to Approved Site Plan.
Changes to an approved site plan shall be processed in the same manner as the original approved site plan; however, changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the Town Manager or his/her designee. An aggrieved party may appeal the decision of the Town Manager or his/her designee to the Board of Adjustment in accordance with the provisions of this UDC.
G. 
Expiration of Site Plan.
A site plan shall expire if any of the following occurs:
1. 
A building permit, if required, for the use has not been approved within twelve (12) months of the approval of a Specific Use Permit.
2. 
A building permit has not been approved within two (2) years of the approval of a site plan as part of a Planned Development
3. 
A building permit has not been approved within two (2) years for the construction of any building on the property for which the site plan was approved
4. 
A building permit that was approved as a result of an approved site plan expires within two (2) years of approval of the site plan.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 21, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)