Policy III

Road Policy for Acceptance of Public Roads in a Subdivision for Maintenance by Denton County for County Maintenance

  1. 3.1 Denton County can only maintain public roads in a subdivision when the following criteria have been met:
    1. The roads have been dedicated to the public for public use by plat, re-plat or deed; and
    2. The roads have been formally accepted for maintenance by the Denton County Commissioners Court. For purposes of this Policy, the term "county public road" refers to a public road that has been accepted for maintenance by Denton County.

Denton County cannot perform any construction or maintenance on private roads nor expend any public funds on private roads. Before a public road in a subdivision can be accepted as a county public road, there must be a written recommendation for this action to the Denton County Commissioners Court by the Ex Officio Road Commissioner for the Commissioner Precinct where the public road is located and from the County Engineer. Denton County cannot perform any construction or maintenance on a public road until it has been accepted for maintenance by Denton County as a county public road as defined above.

There are two means by which a public road in a subdivision may be accepted as a county public road.

I. Acceptance under Texas Transportation Code Chapter 253

A public road in a subdivision may be accepted as a county public road when all of the requirements of Texas Transportation Code Chapter 253 have been met.

II. Alternative Acceptance Procedure

A public road in a subdivision may be accepted as a county public road by formal action of the Denton County Commissioners Court when all of the following requirements have been met:

A. The subdivision where the road is located must have been constructed prior to February 17, 2009. For purposes of this policy, the term "subdivision" is limited to subdivisions constructed prior to that date.

B. The road has been expressly dedicated to public use by a properly prepared and submitted plat, re-plat or deed to Denton County, Texas.

C. A person or entity requesting acceptance of the road as a county public road, hereinafter "the Applicant(s)," must submit an application to the Ex Officio Road Commissioner for the Commissioner Precinct in which the road is located. Any surveying, platting or legal expenses that are required in order for the road to be accepted as a county public road shall be borne by the Applicant. The Applicant is also responsible for making all engineering, design and construction improvements to the road which are required in order to bring the road up to minimum County standards prior to the road being accepted for maintenance. Denton County shall not perform any construction or maintenance on the road until it meets minimum County standards and has been accepted for maintenance.

D. The Denton County Commissioners Court must make the following formal findings in a Court Order accepting a public road as a county public road:

A "significant public interest" exists that warrants acceptance of the public road as a county public road; and

Acceptance of the road as a county public road meets a "public purpose" in that it is necessary for the health, safety and welfare of the citizens of Denton County, Texas.

E. The road shall contain a minimum of at least sixty feet (60’) of right-of-way expressly and unambiguously dedicated to public use and be clear of all obstructions in accordance with Denton County Subdivision Rules and Regulations § III(C)(1). The Denton County Commissioners Court may accept a road with less than sixty feet (60’) of right-of-way only if the criteria set forth in Ex Officio Road Commissioner Policy § 2.2(B)(1)-(5) are met.

F. At least six inches (6") of suitable base material, regardless of paving surface, must be present on the road in the subdivision prior to acceptance as a county public road. This requirement is the "minimum county standard" for a public road to be accepted as a county public road.

G. When an application is submitted under this Policy, the County Engineer shall inspect the road and determine if there is any need for drainage improvements, utility relocation or any other changes or improvements that he deems appropriate (hereinafter "work"). The County Engineer shall report these findings to the Ex Officio Road Commissioner in the Commissioner Precinct in which the road is located and the Ex Officio Commissioner shall submit the report to the Denton County Commissioners Court as a part of the formal acceptance of the road as a county public road by the Commissioners Court. All engineering, technical or other professional services, labor, work, materials and any other costs required to meet County standards and any work deemed necessary by the County Engineer under this subsection to meet the minimum County standard shall be borne entirely by the Applicant(s) seeking to have the road accepted as a county public road, prior to acceptance of the road for maintenance as a county public road.

H. The County Engineer shall issue a written report summarizing his findings, including a description of the specific improvements that must be made by the Applicant(s) in order to bring the substandard road to the minimum County standard as defined in subsection (F) and (G) above. The Applicant(s) then must bring the road to the minimum County standard before it can be accepted for maintenance as a county maintained road.

I. Once the road has been accepted for maintenance, Denton County shall only maintain the road to the minimum County standard as defined in subsection (F) of this policy. All upgrades of the road from the minimum County standard must be in accordance with the criteria set forth in Ex Officio Road Commissioner Policy §§ 2.1, 2.2 and 2.3.

J. If the road has a dead end, the road shall have sufficient dedicated right-of-way for construction and maintenance of a cul-de-sac in accordance with the Denton County Subdivision Rules and Regulations.

In reviewing an application submitted pursuant to Section II of this Policy (Alternative Acceptance Procedure), Denton County shall consider only the facts, circumstances and conditions available to the Denton County Commissioners Court at the time such application is heard. No acceptance or denial of any public road as a county public road shall be used as a basis of support or a reason for denial of any future application, and the acceptance or denial of any public road as a county public road shall not create or limit any rights of future applications hereunder. Each application shall be determined solely upon the merits of that application, the factors set out above, the judgment of the Ex Officio Road Commissioner and the formal action of the Denton County Commissioners Court.

Upon denial by Denton County of an application submitted pursuant to Section II of this Policy (Alternative Acceptance Procedure), an applicant shall not be eligible to re-apply for acceptance of a subdivision road as a county public road for at least one calendar year from the date of denial by the Commissioners Court.

Rule Applicable to Roads Accepted Pursuant to this Policy (Either Method):

Acceptance of roads as county public roads pursuant to this Policy shall not obligate Denton County to upgrade road surfaces, routes, profiles or curvature other than that required for normal maintenance.