§ 42-11. Special provisions for enforcement.

(a)

No plat shall be filed of record, no lot may be sold and no transfer of title to any part of such tract shall be made, and no tract of land within the corporate limits or extraterritorial jurisdiction of the city shall be improved until a plat shall have been approved by the city council, after a recommendation of the planning and zoning commission, in accordance with these provisions and subchapter A or B of Chapter 212 of the Texas Local Government Code, and filed in the plat records of Denton County, Texas.

(b)

No plat shall be approved by the planning and zoning commission or city council unless the plat contains a dedication of land for public improvements and public purposes in accordance with the minimum requirements and standards set forth in this chapter. Every owner of property which shall be subdivided into two or more parts or platted into a single lot, shall be required to dedicate to the city that portion of such property as is necessary for the orderly development of streets, roadways, thoroughfares, utilities, emergency access, or other public purposes, and such dedication requirements, as imposed, shall be a prerequisite to plat approval.

(c)

No plat shall be recommended for approval by the commission or approved by the city council or city staff unless it generally conforms to the comprehensive plan and adopted development policies, and unless each lot, block or tract therein fronts upon a dedicated street.

(d)

No construction of any public improvements shall be initiated by the developer/owner until:

(1)

A final plat has been approved by the commission and city council;

(2)

A subdivider's agreement has been approved by the city council and signed by the mayor;

(3)

All performance and maintenance bonds, or their equivalent, have been provided to the city; and

(4)

All inspection and permit fees in accordance with the fee schedule have been paid.

(e)

No building permit (including plumbing, electrical and mechanical permits), on-site sewage facility permit, final inspection permit, certificate of occupancy or other such permit or certificate shall be issued on any tract of land within the corporate limits of the city unless a plat meeting the requirements of subchapter A or B of chapter 212 of the Local Government Code, and in accordance with the provisions of this chapter, is approved and filed in plat records of the county.

(f)

Permit issuance. No building permit, or any water, sewer, plumbing or electrical permit shall be issued by the city to the owner or any other person with respect to any property in the subdivision until:

(1)

Such time as the subdivider/owner has fully completed the improvements required to be made by the terms of this chapter, including the installation of streets with proper paving, curb and gutter, drainage structures or improvements, alleys and the installation of water and sanitary sewer mains, all according to the specifications of the city; and

(2)

A subdivider agreement has been executed in accordance with this chapter and the required performance bond, deposit, certificate of deposit or letter of credit meeting the requirements set forth sufficient to pay for the cost of such improvements, as approved by the city, has been furnished to the city secretary.

(g)

The city shall not repair, install, maintain, or provide any streets or other public services in a subdivision unless a final plat has been approved in accordance with this chapter and filed of record, and unless the standards and requirements of this chapter have been complied with in full.

(h)

The city shall not provide water or sewer service, and shall require that franchised utilities not sell or supply any water, telephone, electrical, or natural gas service within a subdivision until a final plat has been approved in accordance with this chapter and filed of record, and until all requirements of this chapter have been complied with in full except in the event of an emergency upon the approval of the city council.

(i)

The provisions of this section shall not be construed to prohibit the issuance of any permits or certificates for any lot upon which a residence building was in existence prior to passage of this chapter, nor to prohibit the repair, maintenance or installation of any street or public utility services for, to, or abutting any lot and/or any subdivision, recorded or unrecorded, which was in existence prior to the passage of this chapter.

(j)

No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the city council and endorsed the plat in writing, unless the change, revision or modification is first submitted to and approved by the city council.

(k)

No building permit shall be issued by the city for any structure on any lot in a subdivision which is not serviceable by the community sanitary sewerage collection and treatment system, unless a valid septic tank license for the specific lot has first been obtained from the county health department.

(l)

Disapproval of a plat by the council shall be deemed a refusal by the city to accept the offered dedications shown thereon. Approval of a plat shall not impose any duty upon the city concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the city have actually appropriated the same by entry, use, or improvement. Any such dedication, before or after actual appropriation may be vacated by the council in any manner provided by law.

(m)

In behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or a part of the provisions of this chapter.

(n)

In addition thereto any abutting owner or lessee or other person prejudicially affected by the violation of the terms of this chapter may resort to any court of competent jurisdiction for any writ or writs, or to obtain such relief, either in law or equity, as may be deemed advisable in these premises.

(o)

If any subdivision exists for which a final plot has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the city council shall pass a resolution reciting the facts of such non-compliance and failure to secure final plot approval. The city secretary shall when directed by the city council cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument, in the deed records of such county stating such.

(Code 1994, ch. 9, art. 11; Ord. No. 248, exh. A(art. 11), 3-24-1997)