A.
Usage and
Interpretation Rules.
For the purpose of this Subdivision
Ordinance certain terms or words defined as follows:
1.
Words
used in the present tense include the future tense;
2.
The singular
includes the plural;
3.
The word
“person” includes a corporation as well as an individual;
4.
The term
“shall” is always mandatory;
5.
The term
“may” is discretionary;
6.
The male
gender shall include the female and the neutral.
B.
Words and
Terms not Expressly Defined.
Words and terms not expressly
defined herein are to be construed according to the normally accepted
meaning of such words or terms or, where no definition appears, then
according to their customary usage in the practice of municipal planning
and engineering.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
For the purpose of this Subdivision Ordinance, certain terms
and words are herewith defined and shall have the meaning here applied;
any word not defined herein shall be determined by the City Council;
to wit:
Adjacent, adjoining and contiguous to. It may also mean having
a lot line in common with a right-of-way or easement, or with a physical
improvement such as a street, waterline, park, or open space.
A means of approaching or entering a property, or the ability
to traverse a property (such as in the use of the phrase “pedestrian
access easement”).
A public Right-of-Way, not intended to provide the primary
means of access to abutting lots, which is used primarily for vehicular
service access to the back or sides of properties otherwise abutting
on a street.
An Amending Plat applies minor revisions to a recorded plat
consistent with provisions of State law, see Section 5.07 Amending
Plat.
A room or suite of rooms in a multifamily residence arranged,
designed, or occupied as a place of residence by a single family,
individual, or group of individuals.
The person or entity responsible for the submission of an
Application. The Applicant must be the actual owner of the property
for which an Application is submitted, or shall be a duly authorized
representative of the property owner. Also see Developer.
The package of materials, including but not limited to an
Application Form, Plat, completed checklist, tax certificate, Construction
Plans, special drawings or studies, and other informational materials,
that is required by the City to initiate City review and approval
of a development project.
The written form (as provided by and as may be amended by
the City Manager) that is filled out and executed by the Applicant
and submitted to the City along with other required materials as a
part of an Application.
Approval constitutes a determination by the official, board,
commission or City Council responsible for such determination that
the Application is in compliance with the minimum provisions of this
Subdivision Ordinance.
Such approval does not constitute approval of the engineering
or surveying contained in the plans, as the design engineer or surveyor
that sealed the plans is responsible for the adequacy of such plans.
The flood having a one (1) percent chance of being equaled
or exceeded in any given year, determined based upon FEMA (Federal
Emergency Management Agency) guidelines and as shown in the current
effective Flood Insurance Study.
A tract or parcel of land bounded by streets, or by a combination
of streets and public parks, cemeteries, railroad Right-of-Way, highway,
stream, or corporate boundary lines.
The portion of a Block that abuts a street.
The length of the Block Face between two intersections.
Any structure built for support, shelter or enclosure of
persons, animals, personal property, records or other movable property
and when separated in a manner sufficient to prevent fire, each portion
of such building shall be deemed a separate building.
The Building Official of the City or his or her designee.
A permit issued by the City before a building or structure
is started, improved, enlarged or altered as proof that such action
is in compliance with the City code.
The line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street
Right-of-Way/property line.
An official certificate issued by the City through the enforcement
official which indicates conformance with the City’s rules and
regulations and which authorizes legal use of the premises.
The City of Gonzales, Texas, together with all its governing
and operating bodies.
The person(s) so designated by the City Council to provide
oversight for and have legal responsibility for the City. This term
shall also include any designee of the City Attorney.
The duly elected governing body of the City of Gonzales,
Texas.
The Licensed Professional Engineer or firm of Licensed Professional
Consulting Engineers that has been specifically designated as such
by the City Council.
The officially appointed and authorized City Manager of the
City of Gonzales, Texas, and may include the City Manager’s
duly authorized representative or designee, per the City Manager’s
discretion.
The person(s) so designated by the City Manager to provide
clerical and official services for the City Council. This term shall
also include any designee of the City Secretary.
The person(s) so designated by the City Manager to provide
oversight for and have responsibility of the City’s Public Works
Department. This term shall also include any designee of the City’s
Engineering Official or per the City Manager the City Engineer (which
may be a private consulting firm).
The person(s) so designated by the City Manager to provide
oversight for and have responsibility of the City’s Planning
and Development Department. This term shall also include any designee
of the City’s Planning Official. Also, this term shall be inclusive
of any future variations of the term, as deemed appropriate by the
City Manager, such as “Director of Planning and Development.”
A street which is continuous through several residential
districts and is intended as a connecting street between residential
districts and Arterial Streets, highways or business districts.
The Planning and Zoning Commission of the City.
The plan, including all revisions thereto, adopted by the City
Council as the official policy regarding the guidance and coordination
of the development of land in the City.
The plan indicates the general location recommended for various
land uses, transportation routes, public and private buildings, streets,
utilities, parks other public and private developments and improvements
and population projections.
The plan may consist but is not limited to the following plan
elements: Future Land Use Plan, Mobility, Housing, Livability, and
Infrastructure.
A separate and stand-alone document not included within this
Subdivision Ordinance that provides technical construction drawings
of the City’s required Improvements, such as a “Standard
Storm Drain Curb Inlet.” The Construction Details document is
developed and maintained by the City Manager.
A set of drawings and/or specifications, including paving,
water, wastewater, drainage, or other required plans, submitted to
the City for review in conjunction with a subdivision or a development.
See City Council.
Gonzales County.
An open unoccupied space other than a yard, on the same lot
with a building which is bounded on three (3) or more sides by the
building.
A public Right-of-Way, four (4) feet or more in width between
property lines, which provides pedestrian circulation.
A short, residential street having but one vehicular access
to another street, and terminated on the opposite end by a vehicular
turnaround.
The date of adoption of this Subdivision Ordinance shall
be the date this ordinance becomes effective.
A street, other than a cul-de-sac, with only one outlet.
The City official or group, such as the City Manager, City
Council, or Planning and Zoning Commission, responsible for deciding
action on an Application authorized by this Subdivision Ordinance.
A person or entity, limited to the property owner or duly authorized
representative thereof, who proposes to undertake or undertakes the
division, developments, or improvement of land and other activities
covered by this Subdivision Ordinance.
The word Developer is intended to include the terms Subdivider,
property owner, and, when submitting platting documents, Applicant.
Any manmade change to improved or unimproved real estate,
including but not limited to, buildings and/or other structures, paving,
drainage, utilities, storage, and agricultural activities.
Agreement between the City and a Subdivider, which includes
provisions for construction of Public Improvements, City participation,
pro-rata agreements, escrow deposits, and other provisions for the
development of land. (See section 6.05 Development Agreements and
Security for Completion for details.)
An Application, developed and updated by the City Manager,
for any type of plan, permit, plat or Construction Plans/drawings
authorized or addressed by this Subdivision Ordinance. Also may be
referred to as a permit within the Texas Local Government Code, Chapter
245.
A collection of Application Forms created, updated, and managed
by the City Manager. (See section 4.01.D for details.)
A Plat required prior to development (i.e., any new construction
or the enlargement of any exterior dimension of any building, structure,
or improvement), in accordance with Local Government Code 212, Subchapter
B (212.045), in lieu of other Subdivision Plats (established in LGC
212, Subchapter A) required by this Subdivision Ordinance and in accordance
with Section 5.09 Development Plat.
The committee created by Section 3.04 Development Review
Committee to review plats and to recommend either approval or denial.
See Development Review Committee and Section 3.04 Development
Review Committee.
Any building, or portion thereof, which is designed, built,
rented, leased or let to be occupied as three or more dwelling units
or apartments, or which is occupied as a home or place of residence
by three or more families living in independent and separate housekeeping
units.
A building designed for occupancy for two (2) families living
independently of each other. A two family attached unit (also known
as a duplex) has a lot line dividing the building and separating the
building’s two (2) dwellings units onto two (2) separate lots.
A dwelling which is joined to another dwelling at one or
more sides by a party wall or abutting separate wall, and which is
designed for occupancy by one family and is located on a separate
lot delineated by front, side and rear lot lines.
A dwelling designed and constructed for occupancy by one
family and located on a lot or separate building tract and having
no physical connection to a building located on any other lot or tract
and occupied by one family.
One or more rooms, which are arranged, designed, used, or
intended to be used for occupancy by a single family or group of persons
living together as a family or by a single person.
Authorization by a property owner for another to use any designated
part of the owner’s property for a specified purpose or use
and evidenced by an instrument or plat filed with the County Clerk.
Among other things, easements may be used to install and maintain
utility lines, drainage ditches or channels, or for other City or
public services.
An area established for public purposes on private property
upon which the City shall have the right to remove and keep removed
all or part of any buildings, fences, trees, shrubs, or other improvements
or growths which in any way endanger or interfere with the construction,
maintenance, or efficiency of City systems.
The City shall at all times have the right of ingress and egress
to and from and upon the said easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining, and adding to
or removing all or part of its respective systems without the necessity
at any time or procuring the permission of anyone.
An easement to provide shared access to and from commercial,
and industrial[, and certain residential developments,] owned and
maintained by the owners of the property upon which the easement is
located or as otherwise provided by deed restrictions or the terms
of the easement instrument.
A person duly authorized under the provisions of the Texas
Engineering Practice Act, as heretofore or hereafter amended, to practice
the profession of engineering and who is specifically qualified to
design and prepare Construction Plans and specifications for public
works improvements.
See Construction Plans.
A separate and stand-alone document or complication [compilation]
of documents not included within this Subdivision Ordinance, the Engineering
Standards Manual (ESM) details specific engineering requirements (e.g.,
drainage criteria) for the construction of Public Improvements. The
ESM is developed and maintained by the City Manager.
ESM is an abbreviation of Engineering Standards Manual.
See Extraterritorial Jurisdiction (ETJ).
The unincorporated area, not a part of any other municipality,
which is contiguous to the corporate limits of the City, the outer
limits of which are measured from the extremities of the corporate
limits of the City outward for the distance as stipulated in Chapter
42 of the Texas Local Government Code, according to the population
of the City, and in which area the City may regulate subdivisions
and enjoin violation of provisions of this Subdivision Ordinance.
A listing of fees for various City Applications, which is
prepared by the City Manager and approved by City Council and may
be amended periodically. The Fee Schedule is approved separately from
this Subdivision Ordinance.
The one official and authentic map of any given subdivision
of land prepared from actual field measurement and staking of all
identifiable points by a Surveyor or Engineer with the subdivision
location referenced to a survey corner and all boundaries, corners
and curves of the land division sufficiently described so that they
can be reproduced without additional references.
The Filing Plat of any lot, tract, or parcel of land shall be
recorded in the Deed Records of Gonzales County, Texas.
A Filing Plat may also be referenced as a Record Plat or Final
Plat.
The acceptance by the City of all infrastructure improvements
constructed by the Developer in conjunction with the development of
land.
See Filing Plat.
The area subject to be inundated by water from the Base Flood.
A natural drainage area which accommodates the design flood
for existing creeks and open drainageways.
The habitable area of a building that is served by a conditioned
air system, but specifically excluding porches, patios, breezeways,
automobile storage areas, garages, workshops, attic storage areas
and basements.
All the property abutting on one (1) side of the street,
or between two (2) intersecting streets, measured along the street
line.
A formal nonprofit organization operating under recorded land
agreements through which:
Each lot and/or property owner in a specific area is automatically
a member; and
Each lot or property interest is automatically subject to a
charge for a proportionate share of the expense for the organization’s
activities, such as the maintenance of common property; and
The charge if unpaid, becomes a lien against the nonpaying member’s
property.
Any manmade fixed item which becomes part of or placed upon
real property, see also Public Improvement.
All streets, alleys, sidewalks, storm drainage, water, and
wastewater facilities, utilities, lighting, transportation, and other
facilities as required by the City.
A person(s) other than Surveyors or Engineers who also possess
and can demonstrate a valid proficiency in the planning of residential,
commercial, industrial and other related developments; such proficiency
often having been acquired by education in the field of landscape
architecture or other specialized planning curriculum and/or by actual
experience and practice in the field of land planning and who is a
member of the American Planning Association.
Notification to an Applicant from the City Manager that all
improvements are completed, inspected, tested (if applicable), and
determined by the City to be in conformance with this Subdivision
Ordinance and with the City’s design/engineering standards and
all improvements are accepted by the City or will be accepted contingent
to the approval of a Filing Plat.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required under this
Subdivision Ordinance, and having its principal frontage upon a street
or officially approved place.
The mean horizontal distance from the front street line to
the rear line.
A lot, the sideline of which does not abut on any street.
An interior lot having frontage on two streets. Such through
lot shall provide a front yard on each street.
The lines bounding a lot as defined herein.
A lot which is part of a subdivision, a map of which has
been recorded in the office of the County Clerk.
The mean horizontal distance between sidelines measured at
right angles to the depth.
See Waiver, Major Subdivision.
The Manual on Uniform Traffic-Control Devices, or MUTCD defines
the standards used by road managers nationwide to install and maintain
traffic-control devices on all public streets, highways, bikeways,
and private roads open to public traffic. The MUTCD is published by
the Federal Highway Administration (FHWA) under 23 Code of Federal
Regulations (CFR), Part 655, Subpart F.
A plat dividing land into no more than four (4) lots that
meets the submission and approval requirements of Section 5.05 Minor
Plat. Such plat may be approved by the City Manager. Such plat is
also considered a Filing Plat.
Pursuant to Texas Local Government Code 212.0065, a Minor
Replat is a Replat involving four or fewer lots fronting on an existing
street and not requiring the creation of any new street or the extension
of municipal facilities. See Section 5.06.G.2 Minor Replat details.
See Waiver, Minor Subdivision.
Pursuant to Texas Local Government Code Chapter 245, an Application
or plan for development is considered filed on the date the Applicant
delivers the Application or plan to the City or deposits the application
or plan with the United States Postal Service by certified mail addressed
to the City.
See section 4.02 Official Submission Date and Official Vesting
Date for further details and standards.
An open recreational facility or park owned and operated
by a public agency such as the City or the school district, and available
to the general public.
Within the Right-of-Way, the area between the property line
and the nearest curb or edge of the roadway (if no curb exists.) See
Figure 2: Example of a Parkway for visual depiction of a parkway.
|
Figure 2: Example of a Parkway
 |
Open space or garage space reserved exclusively for the parking
of a vehicle.
Paved driveways are constructed of brick pavers, concrete
pavers, hot-mix asphaltic concrete, or portland cement concrete.
The portion of a street available for vehicular traffic.
Where curbs are laid, it is the portion between the face of the curbs.
A street which abuts a parcel of land to be subdivided on
one side.
Person means an individual, firm, association, organization,
partnership, trust, foundation, company or corporation.
The Planning and Zoning Commission of the City.
See Amending Plat.
See Development Plat.
See Filing Plat.
See Minor Plat.
See Vesting Plat.
This plan shows the watershed affecting the development and
how the runoff from the fully-developed watershed will be conveyed
to, through, and from the development see section 7.14.I Preliminary
Drainage Plan for details.
See Vesting Plat.
The purpose of the Preliminary SWMP is to identify permanent
water quality feature opportunities for Subdivision development, see
Section 7.14.J Preliminary Stormwater Management Plan for details.
Preliminary SWMP is an abbreviation for Preliminary Stormwater
Management Plan.
A plan detailing both Water Utility and Wastewater Utility
requirements, see Section 7.12.C Preliminary Utility Plan for details.
In referring to a sexually oriented business, premises means
the building of the sexually oriented business.
Progress towards completion of the project shall include
any one of the following:
An Application for a Filing Plat or plan for development is
submitted;
A good-faith attempt is made to file with the City or County
an Application for a permit necessary to begin or continue towards
completion of the project;
Costs have been incurred for developing the project including,
without limitation, costs associated with roadway, utility, and other
infrastructure facilities designed to serve, in whole or in part,
the project (but exclusive of land acquisition) in the aggregate amount
of five percent of the most recent appraised market value of the real
property on which the project is located;
Fiscal security is posted with a regulatory agency to ensure
performance of an obligation required by the regulatory agency; or
Utility connection fees for the project have been paid to a
regulatory agency.
Any Improvement, facility or service together with its associated
public site, Right-of-Way or easement necessary to provide transportation,
storm drainage, public or private utilities, parks or recreational,
energy or similar essential public services and facilities, for which
the City ultimately assumes the responsibility, upon a Letter of Final
Acceptance being issued, for maintenance, operation and/or ownership.
A group of drawings or plans that depicts the final configuration
of the installed or constructed improvements of a development, improvements
that have been verified by the contractor as their installation or
construction occurs during development. The Record Drawings shall
reflect the Construction Plans (or working drawings) used, corrected,
and/or clarified in the field.
See Filing Plat.
The resubdivision of any or part or all of any block or blocks
of a previously platted subdivision, addition, lot or tract, that
is beyond the definition of an Amending Plat and which does not require
the vacation of the entire preceding plat. Such plat also conforms
to Section 5.06 Replat of this Subdivision Ordinance. A Replat can
function as a Filing Plat for a property.
Residential district means a single-family, patio home, duplex,
townhouse, multifamily or mobile home zoning district as defined in
the zoning ordinance.
A street which is intended primarily to serve traffic within
a neighborhood or limited residential district and which is used primarily
for access to abutting properties.
Residential use means use of a structure as a residence.
The City staff person who has been designated by the City
Manager to accept a type of development Application for filing, to
review and make recommendations concerning such Applications, and
where authorized, to initially decide such Applications, to initiate
enforcement actions, and to take all other actions necessary for administration
of the provisions of development Applications. Also includes any designee
of the designated City staff person.
A nonbuilding, structural wall supporting soil loads and
live and dead surcharge loads to the soil, such as additional soil,
structures and vehicles.
A parcel of land occupied or intended to be occupied by a street
or alley.
A Right-of-Way may be used for other facilities and utilities,
such as sidewalks, railroad crossings, electrical communication, oil
or gas, water or sanitary or storm sewer facilities, or for any other
use.
The use of Right-of-Way shall also include parkways and medians
outside of pavement.
For platting purposes, the term “Right-of-Way” shall
mean that every Right-of-Way shown on a Filing 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.
A line within a lot, parallel to and measured from a corresponding
lot line, establishing the minimum required yard and governing the
placement of structures and uses on the lot.
A Site Plan is a detailed, scaled drawing of all surface
improvements, structures, and utilities proposed for development and
is associated with the zoning ordinance.
A sketch or informal plan prepared prior to the preparation
of the Vesting Plat describing the proposed design of the subdivision
to be reviewed during the pre-application review process.
A public Right-of-Way that provides vehicular traffic access
to adjacent lands.
The shortest distance between the property or easement lines
which delineate the Right-of-Way of a street.
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground,
including, but not limited to advertising signs, billboards and poster
panels, but exclusive of customary fences or boundary of retaining
walls, sidewalks and curbs.
The division of a tract or parcel of land into two or more parts
or lots for the purpose, whether immediate or future, of sale or building
development or transfer of ownership with the exception of transfer
to heirs of an estate, and shall include resubdivision.
Any other subdivision or resubdivision of land contemplated
by the provisions of Chapter 212, Local Government Code.
The adopted Subdivision Ordinance of the City, as may be
amended in the future, and may be referred as “this Ordinance.”
A Plat (e.g., Vesting Plat, Filing Plat, Minor Plat, Replat,
or Amending Plat) established in LGC 212, Subchapter A involving the
subdividing of land in two (2) or more parts or the amending of a
recorded Plat.
Any regulations and standards contained within the Subdivision
Ordinance.
Either a Minor Subdivision Waiver or Major Subdivision Waiver,
see Section 8.01 Petition for Subdivision Waiver.
A licensed State Land Surveyor or a Registered Public Surveyor,
as authorized by the State to practice the profession of surveying.
See Arterial Street.
The plan that guides the development of adequate circulation
within the City, and connects the City street system to regional traffic
carriers. Also, referred to as the Thoroughfare Plan.
An area or recreational facility that is designed and intended
to be used for outdoor living and/or recreation. Usable Open Space
may include recreational facilities, water features, required perimeter
landscape areas, floodplain areas, and decorative objects such as
art work or fountains. Usable Open Space shall not include the following:
See Easement, definition.
A right of an Applicant requiring the City to review and
decide the Application under standards in effect prior to the effective
date of the standards of this Subdivision Ordinance and/or of any
subsequent amendments.
The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract shown by superimposing a scale drawing
of the proposed land division on a topographic map and showing in
plan view existing and proposed drainage features and facilities,
street layout and direction of curb flow, and other pertinent features
with notations sufficient to substantially identify the general scope
and detail of the proposed development.
The Vesting Plat shall serve as a means for the City to review
and study the proposed division of land and/or improvements.
See Section 5.03 Vesting Plat.
A space left open and unobstructed by fences, structures,
shrubs, trees or other plant life along streets at the corner in front
of the building line of lots contiguous to intersecting streets.
The facility or facilities within the water supply system
which can alter the physical, chemical, or bacteriological quality
of the water.
An open space other than a court, on the same lot with a building,
unoccupied and unobstructed from the ground upward, except as otherwise
provided herein.
In measuring to determine the width of a side yard, the depth
of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
A yard across the full width of a lot extending from the
front line of the main building to the front street line of the lot.
A yard extending across the full width of the lot and measured
between the rear line of the lot and rear line of the main building,
except that area included in the side yard as defined below.
A yard between the building and the sideline of the lot and
extending from the front yard to the required minimum rear yard.
(Ordinance 2013-32 adopted 12/3/13; Ordinance 2021-09 adopted 2/11/21)
