For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Any person whose legal rights, duties or privileges may be adversely affected by NPS pollution from any proposed development for which a permit is sought.
Any use of land or water designed to facilitate and provide support for agricultural uses.
An alley is a passageway that provides access to the rear or side of property. Alleys are intended for use at very low vehicular speeds and provide alternative locations for garbage collection and dry utilities.
The amount of pollution in stormwater runoff that is discharged from a developed site over the course of one year; usually measured in pounds and based on an average year of rainfall. (The average annual rainfall in Travis County in the Lake Travis Watershed is 32.5 inches/year.) The annual pollutant load is estimated by multiplying the pollutant concentration by the volume of runoff and does not include the background pollutant load.
The owner of land proposed to be subdivided, the developer or the owner’s representative who shall have express written authority by the owner to act on behalf of the owner.
The amount of pollution in stormwater runoff that is discharged from a site before development. The background pollutant load is calculated according to the following formula:
(Area of site) x (Annual runoff coefficient) x (Background stormwater pollution concentrations) |
The annual runoff coefficient is 0.10. The background stormwater pollution concentrations for total suspended solids, total phosphorous, and oil and grease are 48 mg/l, .08 mg/l, and 0.0 mg/l, respectively. |
Those practices, including but not limited to those described in LCRA’s technical manual, that prevent or control nonpoint source pollution. Innovative BMPs are those practices designed by the applicant’s engineer to meet or exceed LCRA’s performance standards but which are not described in LCRA’s technical manual.
A parcel of land within a subdivision that is bounded by streets, open spaces, boundaries of water and/or the exterior boundary of the subdivision.
A barrier constructed of wood, masonry, vegetation, and/or other landscape material in such a manner that adjacent uses will be separated to such a degree that objectionable noise, heat, glare, visual clutter, dust, loss of privacy, air circulation, and other negative externalities shall be abated.
A line or lines designating the interior limit of the area of a lot between said line and the corresponding line within which area structures may not be erected. The building lines typically provide the boundaries of the buildable area of any given lot.
The American Association of Nurserymen standard for trunk measurement for nursery stock trees and existing trees. Caliper of the trunk shall be taken six (6) inches above the ground for up to and including four-inch caliper size, and twelve (12) inches above the ground for larger sizes for nursery stock or 4.5 feet above the ground for existing trees (also see DBH).
An equivalent cash value contribution to the city for parkland property acquisition or parkland improvement costs in lieu of dedication of actual parkland property.
The City of Cedar Park, Texas, a home rule charter City.
The City Council of the City of Cedar Park, Texas.
The officers, employees and agents of the city assigned and designated from time to time by the by the City Manager to administer the regulations and provisions of this Chapter.
A street moving traffic between local streets and thoroughfares or serving development other than single-family residential.
The commencement of significant physical site preparation, including clearing, grading, or leveling.
All development other than open space, single-family residential development.
The Planning and Zoning Commission of the City of Cedar Park.
A form of real property ownership with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one (1) or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners.
The maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development.
A lot situated at the intersection of two (2) streets.
A channel or bed conveying a body of running water in wet weather conditions.
All land modification activity, including the construction of buildings, roads, paved storage areas, and parking lots. “Development” also includes any land disturbing construction activities or human-made change of the land surface, including clearing of vegetative cover, excavating, dredging and filling, grading, contouring, mining and the deposit of refuse, waste, or fill. Care and maintenance of lawns, gardens, and trees, minimal clearing (10 feet wide) for surveying and testing, and agricultural activities are excluded from this definition.
A plat required prior to development (i.e. new construction or the enlargement of any exterior dimension of any building, structure or improvement), in accordance with Local Government Code Chapter 212, subchapter B.
The officer or duly authorized staff representative, designated by the City Manager, charged with the administration and enforcement of this Chapter.
Any lot with frontage on two (2) streets that are parallel to each other. For purposes of these regulations related to building setback lines, both opposing frontages of a double frontage lot are treated as the “front”. The building setback for the rear frontage (that is opposite of the front of the principle structure), or to which access is prohibited, shall only regulate the setback for the principle structure and shall not regulate the setback for covered porches or decks, swimming pools, accessory structures, etc. which, if within city limits, shall instead be regulated by the normal rear yard setback of the zoning ordinance.
Easement shall mean a right granted for the purpose of limited public or semipublic use across, over or under private land.
Engineering and Public Works departments of the city.
The detachment and movement of soil, sediment or rock fragments by wind, water, ice, or gravity.
For the purposes of this chapter, includes completed development, or any development that is not complete, but which has obtained final plat approval from a governmental entity, prior to February 1, 1990.
Shall mean that area of land lying outside and adjacent to the corporate limits of the City of Cedar Park over which the City of Cedar Park has legal control as set forth in chapter 42 of Local Government Code.
The map of a subdivision with appropriate recording, dedication, approval and acknowledgement notes to be recorded after approval by the Planning and Zoning Commission and any accompanying material as described in these regulations.
Lot configurations where the perimeter lot geometry reflects the shape of a ‘flag’ where the narrow or elongated part of the lot abuts a public or private street and widens at the building setback line to accommodate a buildable development site.
That side of a lot abutting on a street or way. For lots that have two or more lot frontages, the lot frontage with the narrowest dimension is considered the front of the lot for purposes of building setback. (Also see definition for “double frontage lot”.)
Any of the following:
A surface that reduces the amount of penetration of water into the earth. (ex. structures, asphalt, concrete)
The annual pollutant load minus the background pollutant load.
A collector street that serves as principal access to industrial development.
This article shall be applied within the portion of the Lake Travis Watershed in Travis County located within the city’s extraterritorial jurisdiction and/or city limits.
The area within the normal conservation pool elevation of Lake Travis (681 foot contour).
All land draining into Lake Travis. The Lake Travis Watershed in Travis County is depicted on Exhibit “A” to this article [attached to Ordinance CO42-07-07-12-3I], which is incorporated by reference herein.
Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
Any person holding title to or having an interest in land.
A development that LCRA believes may have a direct water quality impact to an adjacent property owner or to an area.
Lower Colorado River Authority.
Either a lot recorded in the official county records pursuant to and in compliance with the subdivision regulations in effect at the time of its creation.
A local street provides access within a neighborhood. Local streets form the framework and compose the majority of streets within a district and shape the identity and character of a neighborhood.
Document submitted as a portion of the NPS permit application which describes development intended to be conducted in phases. Submittal and approval of a master plan shall occur prior to approval of a city NPS pollution control permit. Applications submitted for projects that are intended to be developed in phases shall be approved in a two step process. Upon approval of the master plan, the applicant shall complete the permit application for the first phase and each subsequent phase of the project.
Any building that contains three (3) or more attached units designed for residential use (e.g. apartments, town homes, etc.).
Pollution that is caused by or attributable to diffuse sources. Such pollution results in the human-made or human-induced alteration of the chemical, physical, biological, or radiological integrity of water. Typically, NPS pollution results from land runoff, precipitation, atmospheric deposition, or percolation.
A permit for the maintenance of best management practices (BMPs) or other NPS pollution control measures. This permit may be issued upon satisfactory completion of development and after issuance of a NPS pollution control permit. The NPS best management practice (BMP) maintenance permit may be issued to a person other than the original permit applicant if the person is the landowner or property owner’s association, as applicable.
A permit for development of land within the jurisdictional area specifically identifying best management practices for control of nonpoint source pollution resulting from development. Private land owners/land users that install utility infrastructures are also required to obtain a NPS development permit.
A permit issued by the city upon an approval of an applicant’s permit application. The permit includes the approved NPS pollution controls (BMPs).
The manual developed by LCRA that explains various BMPs that, when implemented, should achieve the performance standards and other requirements set forth in this article.
Those best management practices (BMPs), including but not limited to those described in LCRA’s technical manual, that prevent or control nonpoint source pollution.
The actual property on which the public park will be situated. It is also referred to as the property to be dedicated by the property owner to the city pursuant to city parkland dedication requirements.
The actual dedication of parkland property to the city by way of plat note, dedication shown on plat and general warranty deed.
Improvements to the city-owned parkland that allow the parkland to be utilized as public parks.
A revision to an NPS pollution control permit issued by the LCRA after an application for such amendment has been received and reviewed, and the expansion, redevelopment, or modification plans have been found to be in compliance with this article and the technical manual. Permit amendment procedures are described in the technical manual.
A landowner or land user who is undertaking land development activities pursuant to a permit granted according to the provisions of this article.
Any individual, organization, trust, partnership, firm, association, public or private corporation, political subdivision, or any other legal entity.
Development of land in excess of two hundred fifty (250) acres according to a master plan which occurs in stages and over an extended period of time.
Alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
A preliminary drawing or drawings, shall be any plat of any lot, tract or parcel of land that is not to be recorded of record, but is only a proposed division of land for review and study by the city and used by the applicant in development of final plat and construction plans for the property. Preliminary plans are to be submitted to the Planning Commission for approval.
Any of the following:
A tree having a trunk of eight (8) caliper inches or more, measured 4.5 feet above ground level;
A multitrunk tree having a total trunk caliper inch adding to thirty (30) inches or more (not counting trunks less than six (6) caliper inches); or
A cluster of trees within a ten (10) foot radius circle having total caliper inch of forty (40) inches or more (not counting trunks less than six (6) caliper inches).
Large tracts of land usually with grass and trees improved for public use and recreation.
A person or entity that owns or operates for compensation facilities or equipment for producing, generating, transmitting, selling or furnishing electricity, water, sewer service, cable or telephone services.
A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
The division of an existing subdivision or of any or part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.
A strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipe line, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereinafter established and shown on the final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, wastewater lines, storm drains, or any other use involving maintenance by a public agency shall be dedicated to the public by the maker of the plat where such right-of-way is established.
A subdivision located in the ETJ, having lot sizes larger than two (2) acres.
Meeting in which to determine the project description (location, size, number and location of driveways), trip generation rates, trip distribution, study area, and any other relevant data that may impact the traffic study.
Pollution resulting from the deposit of detached soil particles.
A space extending from the front yard to the rear yard between the setback line and the side lot line measured perpendicular from the side lot line to the closest point of the setback line.
One- and two-family dwelling units.
The entire area included in the legal description of the land on which development is proposed in the permit application.
Conveyance of stormwater through a manmade structure such as pipe, culvert, etc.
The shortest distance between the lines that delineate the right-of-way of a street.
The property owner or assign legally authorized to process a subdivision as described within this chapter.
Is the division of any lot, tract or parcel of land into two (2) or more lots or sites for the purpose of sale or of building development whether immediate or future. Said term also includes the resubdivision of any lot, tract or parcel of land. Subdivision shall also include the development within the corporate limits of the city or within its extraterritorial jurisdiction.
A minor or major arterial, more or less continuous across the city, which is intended to connect parts of the city or areas adjacent thereto and to act as a principal connecting street with state and federal highways.
Is a parcel of land designed to be developed with a townhouse defined as a single-family dwelling unit structure having a common wall with one (1) or more adjoining dwelling unit structures.
An account where funds collected from civil penalties and mitigation fees shall be utilized to pay for the planting of trees or landscaping, to include maintenance of public trees or landscaping. Generated funds may be used by the city to plant trees or landscaping on city-owned properties or on non-city-owned property if approved by the City Council. Trees or landscaping planted with mitigation funds can be used to meet any municipal code requirements for preservation, mitigation, landscaping, buffers, streetscape or other requirements.
The number of residents projected to live in a subdivision at the time of completion.
An unfairly burdensome hardship that does not permit any reasonable use of the subject property and flows from a uniform application of the city’s subdivision ordinance. It does not include property that cannot be used for its highest and best use, financial or economic hardship, self-created or self-imposed hardship or the development objectives of the property owner are or will be frustrated.
A subdivision within the city limits or the ETJ of the city that will utilize city utilities or other centralized water and wastewater system.
A grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter.
(Ordinance CO11-20-01-09-H1 adopted 1/9/20)