a. Authority.
This Ordinance is adopted under the authority of the Constitution
and laws of the State of Texas, including Chapter 212, Texas Local
Government Code, being adopted after a public hearing on the matter
held on September 26, 2006.
b. Application
in the ETJ.
The following rules and regulations are hereby
adopted as the Subdivision Ordinance of the City of Greenville, Texas,
also referred to herein as “this Ordinance”. The City
Council hereby extends the application of this Ordinance to the extraterritorial
jurisdiction (ETJ) of the City of Greenville, as that area may exist
from time to time. This Ordinance shall be applicable to the filing
of plats and the subdivision of land, as that term is defined herein
and in Chapter 212 of the Texas Local Government Code, within the
corporate limits of the City of Greenville and its extraterritorial
jurisdiction as they may be from time to time adjusted by annexation
or disannexation. The City shall have all remedies and rights provided
by said Chapter 212 with regard to the control and approval of subdivisions
and plats both within the City and within its extraterritorial jurisdiction.
c. Interlocal
Agreement with Hunt County.
The City has executed an
interlocal cooperation agreement with Hunt County as authorized under
Chapter 242 of the Texas Local Government Code. Hunt County has assigned
the City its respective authority to approve subdivision plats in
the City’s ETJ. The agreement generally provides for the City
to enforce its subdivision regulations, within the applicable areas
of the ETJ. (For specific responsibilities, see the separate interlocal
agreement.) This Subdivision Ordinance will therefore be enforced
to the fullest extent possible in the ETJ as agreed upon with Hunt
County.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. Minimum
Requirements.
In the interpretation and application of
the provisions of this Ordinance, it is the intention of the City
that the principles, standards and requirements provided for herein
shall be minimum requirements for the platting and developing of subdivisions
within the City of Greenville and its extraterritorial jurisdiction.
b. The subdivision
(i.e., platting) of land is the first step in the process of development.
The distribution and relationship of residential, nonresidential and
agricultural uses throughout the community, along with the system
of improvements for thoroughfares, utilities, public facilities and
community amenities, determine, in large measure, the quality of life
enjoyed by the residents of the City.
1. Health,
safety, economy, amenities, environmental sensitivity, and convenience
are all factors which influence and determine a community’s
quality of life and overall character. A community’s quality
of life is of the public interest. Consequently, the subdivision of
land, as it affects a community’s quality of life, is an activity
where regulation is a valid function of municipal government.
2. The
regulations contained herein are intended to encourage the development
of a quality municipal environment by establishing standards for the
provision of adequate light, air, open space, stormwater drainage,
transportation, public utilities and facilities, and other needs necessary
for ensuring the creation and continuance of a healthy, attractive,
safe and efficient community that provides for the conservation, enhancement
and protection of its human and natural resources.
3. Through
the application of these regulations and procedures, the interests
of the public, as well as those of public and private parties, both
present and future, having interest in property affected by this Ordinance,
are protected by the granting of certain rights and privileges. By
establishing a fair and rational procedure for developing land, the
requirements in this Ordinance further the possibility that land will
be developed for its most beneficial use in accordance with existing
social, economic and environmental conditions.
c. Minimum
standards for development are contained in the City of Greenville
Standard Design Manual (also referred to herein as simply the Standard
Design Manual), the Zoning Ordinance, the Building Code, applicable
articles of the Code of Ordinances, and in this Ordinance. However,
the Comprehensive Plan (including the Future Land Use Plan, Thoroughfare
Plan, Parks Master Plan, other related plans, and amendments) contains
policies designed to achieve an optimum quality of development in
Greenville and its extraterritorial jurisdiction. If only the minimum
standards are followed, as expressed by the various ordinances regulating
land development, a standardization of development will occur. This
will produce a monotonous municipal setting and physical environment
within the community. Subdivision design shall be of a quality that
will carry out the purpose and spirit of the policies expressed within
the Comprehensive Plan and within this Ordinance, and shall be encouraged
to exceed the minimum standards required herein.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. No subdivision
plat shall be recorded until a Final Plat, accurately describing the
property to be conveyed, has been approved in accordance with this
Ordinance and with other applicable City regulations (described in
Subsection b. below). No building permit or floodplain permit shall
be issued by the City for any parcel of land or plat until:
1. A Final
Plat has been approved in accordance with this Ordinance; and
2. All
improvements required by this Ordinance have been constructed and
accepted by the City of Greenville; or
3. Assurances
for completion of improvements have been provided in accordance with
Division VI of this Ordinance.
b. Compliance
with all City ordinances pertaining to the subdivision of land, and
the Comprehensive Plan (as amended), shall be required prior to approval
of any development application governed by this Ordinance. It is the
developer’s responsibility to be familiar with, and to comply
with, City ordinances and the Comprehensive Plan (as amended). Applicable
ordinances and other requirements include, but are not limited to,
the following:
1. Comprehensive
Plan (as amended), which includes the Future Land Use Plan, Thoroughfare
Plan, Park Master Plan, and all other associated maps and plans;
4. Floodplain
Management Ordinance;
6. The
City of Greenville Standard Design Manual.
7. Other
Applicable Chapters of the City’s Code of Ordinances.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. Adequate
Public Facilities Policy.
1. Adequate
Service for Areas Proposed for Development.
Land proposed
for development in the City and in the City’s extraterritorial
jurisdiction must be served adequately by essential public facilities
and services, including water facilities, wastewater facilities, roadway
and pedestrian facilities, drainage facilities and park facilities.
Land shall not be approved for platting or development unless and
until adequate public facilities necessary to serve the development
exist or provision has been made for the facilities, whether the facilities
are to be located within the property being developed or off site.
(a) New development must be supported by adequate levels of public facilities
and services.
(b) It is necessary and desirable to provide for dedication of rights-of-way
and easements for capital improvements to support new development
at the earliest stage of the development process.
(c) Requirements for dedication and construction of public infrastructure
improvements to serve a proposed new development should be attached
as conditions of approval of any development application that contains
a specific layout of the development.
(d) There is an essential nexus between the demand on public facilities
systems created by a new development and the requirement to dedicate
rights-of-way and easements and to construct capital improvements
to offset such impacts.
(e) The City desires to assure both that development impacts are mitigated
through contributions of rights-of-way, easements and construction
of capital improvements, and that a development project contributes
not more than its proportionate share of such costs.
2. Conformance
to Plans.
Proposed capital improvements serving new development
shall conform to and be properly related to the public facilities
elements of the City’s adopted Master Plan, other adopted master
plans for public facilities and services, and applicable capital improvements
plans, and shall meet the service levels specified in such plans.
b. Adequacy
of Specific Facilities.
1. Water.
All lots, tracts or parcels on which development is proposed
shall be connected to a public water system which has capacity to
provide water for domestic use and emergency purposes, including adequate
fire protection. Additional standards and requirements are defined
in Section 3.9 and Section 5.8 of this Subdivision Ordinance.
2. Wastewater.
All lots, tracts or parcels on which development is proposed
shall be served by an approved means of wastewater collection and
treatment. The City Engineer shall be responsible for determining
the approved means of wastewater collection and treatment. The City
may require the phasing of development and/or improvements in order
to maintain adequate wastewater capacity. Additional standards and
requirements are defined in Section 3.9 and Section 5.8 of this Subdivision
Ordinance.
3. Roads.
Proposed roads serving new development shall provide a safe,
convenient and functional system for vehicular, bicycle and pedestrian
circulation and shall be properly related to the applicable master
thoroughfare plan and any amendments thereto, and shall be appropriate
for the particular traffic characteristics of each proposed subdivision
or development. New developments shall be supported by a thoroughfare
network having adequate capacity, and safe and efficient traffic circulation.
Each development shall have adequate access to the thoroughfare network.
Additional standards and requirements are defined in Section 3.1 and
Section 5.5 of this Subdivision Ordinance.
4. Drainage.
Drainage improvements serving new developments shall accommodate
potential runoff from the entire upstream drainage area and shall
be designed to prevent overloading the capacity of the downstream
drainage system. The City may require the phasing of development,
the use of control methods such as retention or detention, or the
construction of off-site drainage improvements in order to mitigate
the impacts of the proposed development. Additional standards and
requirements are defined in Section 3.10 and Section 5.10 [sic] of
this Subdivision Ordinance.
c. City
Options.
In order to maintain prescribed levels of public
facilities and services for the health, safety and general welfare
of its citizens, the City may require the dedication of easements
and rights-of-way for or construction of on-site or off-site public
infrastructure improvements for water, wastewater, road, drainage
or park facilities to serve a proposed development, or require the
payment of fees in lieu thereof. If adequate levels of public facilities
and services cannot be provided concurrent with the schedule of development
proposed, the City may deny the development until the public facilities
and services can be provided, or require that the development be phased
so that the delivery of facilities and services coincides with the
demands for the facilities created by the development. The City may
impose any conditions relating the provision of public infrastructure
specified by an ordinance establishing or amending the zoning for
the property.
d. Property
Owner’s Obligation.
1. Dedication
and Construction of Improvements.
The property owner
shall dedicate all rights-of-way and easements for, and shall construct
capital improvements within the rights-of-way or easements for those
water, wastewater, road or drainage improvements needed to adequately
serve a proposed development consistent with the applicable master
facilities plans, whether the facilities are located on, adjacent
to or outside the boundaries of the property being developed.
2. Adjacent
Road Improvements.
In the case of adjacent or abutting
roads, the City may require that the entire right-of-way be dedicated
and improved to City design standards, depending on factors such as
the impact of the development on the road, the timing of development
in relation to need for the road, and the likelihood that adjoining
property will develop in a timely manner.
3. Acquisition.
Where a portion of a right-of-way or easement which is necessary
to serve the development is not owned or controlled by the developer,
the developer must make a reasonable effort to acquire or otherwise
purchase the right-of-way or easement on behalf of the City.
(a) A reasonable effort must include a fair offer to purchase the right-of-way
or easement where the offer is equal to or greater than the appraised
value of the property or easement to be acquired as determined in
a written appraisal performed by a Texas Certified General Real Estate
Appraiser.
(b) If the property owner does not accept a fair offer within thirty
(30) days, the developer may request in writing, on a form prepared
by the City Attorney, that the City Council exercise available legal
remedies to acquire the property. The City Council may take any action
it deems appropriate in accordance with federal and state laws.
(c) The developer must pay for any necessary appraisal, all acquisition
costs, and all legal fees necessary to acquire the property.
4. Substandard
Road Improvements.
Where an existing road that does not
meet the City’s right-of-way or design standards abuts a proposed
development, the City may require the property owner to dedicate the
right-of-way for a standard width, and to improve the street according
to the dimensions and specifications in the applicable thoroughfare
plan, depending on factors such as the impact of the development on
the thoroughfare, the timing of development in relation to the need
for the thoroughfare, and the likelihood that adjoining property will
develop in a timely manner.
5. Facilities
Impact Studies.
The City may require that a property
owner prepare a comprehensive traffic impact study, drainage study
or other public facilities study in order to assist the City in determining
whether a proposed development will be supported with adequate levels
of public facilities and services concurrent with the demand for the
facilities created by the development. The study shall identify at
a minimum the adequacy of existing facilities and the nature and extent
of any deficiencies, and the capital improvements needed to meet the
adopted level of service assuming development at the intensity proposed
in the development application. The study shall be subject to approval
by the City Engineer. The City also may require, at the time of approval
of a subordinate development application, an update of a public facilities
study approved in connection with a priority development application.
e. Timing
of Dedication and Construction.
1. Initial
Provision for Dedication or Construction.
The City shall
require an initial demonstration that a proposed development shall
be adequately served by public facilities and services at the time
for approval of the first development application that portrays a
specific plan of development, including but not limited to a petition
for establishing a planned development zoning district, or other overlay
zoning district; a petition for an annexation agreement or a development
agreement; an application for a cluster development plan; an application
for a Preliminary or Final Subdivision Plat, or a Preliminary or Final
development plat. As a condition of approval of the development application,
the City may require provision for dedication of rights-of-way or
easements for, and construction of, capital improvements to serve
the proposed development.
2. Deferral
of Obligation.
The obligation to dedicate rights-of-way
for or to construct one or more capital improvements to serve a new
development may be deferred until approval of a subsequent phase of
the subdivision, at the sole discretion of the City Engineer, upon
written request of the property owner, or at the City’s own
initiative. As a condition of deferring the obligation, the City may
require that the developer enter into a Subdivision Improvement Agreement,
specifying the time for dedication of rights-of-way for or construction
of capital improvements serving the development.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. The
City Engineer is hereby authorized and directed to promulgate rules,
regulations, criteria, standards, specifications and construction
drawings for the location, arrangement, design, construction, and
installation of streets, curbs, street lights, street paving, street
signs, alleys, driveways, parking lots, utility layouts, utility easements,
access easements, sidewalks, water supply and water distribution systems,
fire hydrants, sewage collection and sewage disposal systems, monuments,
drainage easements, drainage facilities and structures, storm sewer
facilities, stormwater detention facilities, crosswalk ways, screening
walls/fences, retaining walls, and any other similar type of public
or site improvement required or regulated under this ordinance.
b. The
collection of rules, regulations, criteria, standards, specifications,
and construction drawings promulgated under the authority of this
ordinance, a previous ordinance, or other existing ordinance, shall
be known as the Standard Design Manual and shall be adopted herein
by reference. The City Engineer shall have the authority to determine
whether or not the engineering plans for any type of site or public
improvement are in conformance with the City’s Standard Design
Manual.
c. Consistent
with the authority outlined in paragraph (a), the City Engineer may
amend the Standard Design Manual from time to time, provided that
an amendment must be filed with the City Secretary at least ten (10)
days before it becomes effective.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. The provisions
of this Ordinance shall apply to the following forms of land subdivision
and development activity within the City’s limits and its extraterritorial
jurisdiction:
1. The
division of land into two (2) or more tracts, lots, sites or parcels;
or
2. All
subdivisions of land whether by metes and bounds division or by plat,
which were outside the jurisdiction of the City’s subdivision
regulations in Hunt County, Texas and which subsequently came within
the jurisdiction of the City’s subdivision regulations through:
(b) Extension of the City’s extraterritorial jurisdiction; or
3. The
combining of two (2) or more contiguous tracts, lots, sites or parcels
for the purpose of creating one (1) or more legal lots in order to
achieve a more developable site, except as otherwise provided herein;
or
4. When
a building permit is required for the following uses:
(a) Residential single-family or two-family:
(1) Construction of a new single-family or two-family dwelling unit(s);
or
(2) Additions, that increase the square footage of an existing single
family or two-family home by more than fifty percent (50%) of its
gross floor area; or
(3) Moving of a primary structure or a main building onto a piece of
property; or
(b) Nonresidential and multiple-family:
(1) Construction of a new nonresidential or multiple-family structure;
or
(2) Additions, that increase the square footage of an existing building
by more than twenty percent (20%) of its gross floor area; or
(3) Moving a primary structure onto a piece of property; or
5. For
tracts where any public improvements are proposed; or
6. Whenever
a property owner proposes to divide land lying within the City or
its extraterritorial jurisdiction into two (2) or more tracts, and
claims exemption from Subchapter A of Chapter 212 of the Texas Local
Government Code for purposes of development, that results in parcels
or lots all greater than five (5) acres in size; in the event that
development of any such tract is intended, and where no public improvement
is proposed to be dedicated, the property owner shall first obtain
approval of a Development Plat that meets the requirements of Texas
Local Government Code Chapter 212, Subchapter B, Regulation of Property
Development, Sections 212.041 through 212.050, as may be amended.
(See Section 2.6 of this Ordinance for requirements for Development
Plats.)
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. The provisions
of this Ordinance shall not apply to the following:
1. Development
of land legally platted and approved prior to the effective date of
this Ordinance, except as otherwise provided for herein (construction
of facilities and structures shall conform to design and construction
standards in effect at the time of construction) and for which no
resubdivision is sought; or
2. Existing
cemeteries complying with all State and local laws and regulations;
or
3. Divisions
of land created by order of a court of competent jurisdiction; or
4. When
a permit is requested for unplatted or already platted parcels for
one or more of the following activities:
(a) Additions, that increase the square footage of an existing single
family or two family home by not more than fifty percent (50%) of
its gross floor area;
(b) Additions, that increase the square footage of an existing multiple-family
or nonresidential building by not more than twenty percent (20%) of
its gross floor area; or
(c) Agricultural Accessory buildings and Residential Accessory Buildings
(as defined in the Zoning Ordinance);
(d) Remodeling or repair which involves no expansion of square footage;
or
(e) Moving a structure off a lot or parcel, or for demolition permits.
(f) Construction of a structure or building in the ETJ, and no land is
being subdivided.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. All applications
for plat approval, including Final Plats, that are pending on the
effective date of this Ordinance and which have not lapsed shall be
reviewed under the regulations in effect immediately preceding the
effective date of this Ordinance.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. Vested
Rights Provision.
1. Purpose.
The purpose of a vested rights petition is to determine whether
one or more standards of these Subdivision Regulations should not
be applied to a preliminary or final plat application by operation
of state law, or whether certain plats are subject to expiration.
2. Applicability.
A vested rights petition may be filed with an application for
a preliminary or final plat application. A vested rights petition
also may be filed to prevent expiration of certain plats pursuant
to Section 2.1.
3. Effect.
Upon granting of a vested rights petition in whole or in part,
the plat application shall be decided in accordance with the standards
specified in the relief order based on prior subdivision requirements
or development standards, or the approved plat otherwise subject to
expiration shall be extended.
b. Petition
Requirements.
1. Who
May Petition.
A vested rights petition may be filed by
a property owner or the owner’s authorized agents, including
the applicant, with a Preliminary or Final Plat application, or by
the holder of a plat subject to expiration pursuant to Section 2.1.
2. Form
of Petition.
The vested rights petition shall allege
that the petitioner has a vested right for some or all of the land
subject to the plat application under Texas Local Government Code,
Chapter 245 or successor statute, or pursuant to Texas Local Government
Code, Section 43.002 or successor statute, that requires the City
to review and decide the application under standards in effect prior
to the effective date of the currently applicable standards. The petition
shall include the following information and documents:
(a) A narrative description of the grounds for the petition;
(b) A copy of each approved or pending development application which
is the basis for the contention that the City may not apply current
standards to the plat application which is the subject of the petition;
(c) The date of submittal of the plat application, or of a development
plan pursuant to which the plat was subsequently filed, if different
from the official filing date established under Section 2.1.
(d) The date the project for which the application for the plat was submitted
was commenced.
(e) Identification of all standards otherwise applicable to the plat
application from which relief is sought;
(f) Identification of the standards which the petitioner contends apply
to the plat application;
(g) Identification of any current standards which petitioner agrees can
be applied to the plat application at issue;
(h) A copy of any prior vested rights determination by the City involving
the same land; and
(j) Where the petitioner alleges that a plat subject to expiration under
Section 2.1 should not be terminated, a description of the events,
including any plat or other development applications on file, that
should prevent such termination.
3. Time
for Filing Petition.
A vested rights petition shall be
filed with a plat application for which a vested right is claimed,
except that the petition may be filed before the date of expiration
of a plat subject to expiration under Section 2.1.
c. Processing
of Petition and Decision.
1. Responsible
Official.
The responsible official shall process the
vested rights petition. A copy of the petition shall be forwarded
to the City Attorney following acceptance.
2. Decision
by Commission on Petition.
The Commission shall render
a decision on the vested rights petition in conjunction with its decision
on the plat application, based upon the report and recommendation
of the responsible official.
3. Appeal
of Decision on Petition.
The petitioner or any interested
person may appeal the Commission’s decision on the vested rights
petition within ten (10) working days of the date of such decision
to the City Council. An appeal under this Subsection stays acceptance
of filing of any related development applications.
4. Decision
by City Council.
The City Council on appeal shall decide
the vested rights petition. The request must be accompanied by a waiver
of the time for decision on the plat application imposed under this
Subdivision Ordinance pending decision by the Council, which shall
stay further proceedings on the application. The Council shall decide
the petition, after considering the responsible official’s report
and the decision by the Planning and Zoning Commission within thirty
(30) calendar days of receipt of the notice of appeal.
d. Action
on Petition and Order.
1. Action
on the Petition.
The decision-maker on the vested rights
petition may take any of the following actions:
(a) Deny the relief requested in the petition, and direct that the plat
application shall be reviewed and decided under currently applicable
standards;
(b) Grant the relief requested in the petition, and direct that the plat
application shall be reviewed and decided in accordance with the standards
contained in identified prior subdivision regulations; or
(c) Grant the relief requested in part, and direct that certain identified
current standards shall be applied to the plat application, while
standards contained in identified prior subdivision regulations also
shall be applied; or
(d) For petitions filed pursuant to Section 2.1, determine whether the
approved plat should be terminated, or specify the expiration date
or the conditions of expiration for such plat.
2. Order
on the Petition.
The responsible official’s report
and each decision on the vested rights petition shall be memorialized
in an order identifying the following:
(a) The nature of the relief granted, if any;
(b) The approved or filed plat application(s) or other development application(s)
upon which relief is premised under the petition;
(c) Current standards which shall apply to the plat application for which
relief is sought;
(d) Prior standards which shall apply to the plat application for which
relief is sought, including any procedural standards;
(e) The statutory exception or other grounds upon which relief is denied
in whole or in part on the petition;
(f) For petitions filed pursuant to Section 2.1, determine whether the
approved plat should be terminated, and specify the expiration date
or the conditions of expiration for the plat.
e. Criteria
for Approval.
The decision-maker shall decide the vested
rights petition based upon the following factors:
1. The
nature and extent of prior plat or other development applications
filed or approved for the land subject to the petition;
2. Whether
any prior vested rights determinations have been made with respect
to the property subject to the petition;
3. Whether
any prior approved applications for the property have expired or have
been terminated in accordance with law;
4. Whether
any statutory exception applies to the standards in the current Subdivision
Ordinance from which the applicant seeks relief;
5. Whether
any prior approved plat or other development applications relied upon
by the petitioner have expired;
6. For
petitions filed pursuant to Section 2.1, whether any of the events
preventing expiration have occurred.
f. Application
Following Relief Order.
Following the City’s final
decision on the vested rights petition, the property owner shall conform
the plat application for which relief is sought to such decision.
If the plat application on file is consistent with the relief granted
on the vested rights petition, no revisions are necessary. Where proceedings
have been stayed on the plat application pending referral of the vested
rights petition to the City Council, proceedings on the application
shall resume after the Council’s decision on the vested rights
petition.
g. Expiration.
Relief granted on a vested rights petition shall expire on occurrence
of one (1) of the following events:
1. The
petitioner or property owner fails to submit a required revised plat
application consistent with the relief granted within thirty (30)
days of the final decision on the petition;
2. The
plat application for which relief was granted on the vested rights
petition is denied under the criteria made applicable through the
relief granted on the petition; or
3. The
plat application for which relief was granted on the vested rights
petition expires.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. Interpretation.
In their interpretation and application, the provisions of the
regulations contained in this Ordinance shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare. These regulations shall be construed broadly to promote the
purposes for which they are adopted.
b. Conflict
With Other Laws.
These regulations are not intended to
interfere with, abrogate, or annul any other ordinance, rule or regulation,
statute or other provision of law except as provided in this Ordinance.
To the extent that this Ordinance promulgates standards or imposes
restrictions or duties which differ from those imposed by other City
ordinances, rules or regulations, the regulations contained within
this Ordinance shall supersede such other provisions to the extent
of any conflict or inconsistency.
c. Severability.
If any part or provision of this Ordinance, or the application
of this Ordinance to any person or circumstance, is adjudged invalid
by any court of competent jurisdiction, the judgment shall be confined
in its operation to the part, provision, or application directly involved
in the controversy in which the judgment shall be rendered, and it
shall not affect or impair the validity of the remainder of these
regulations or the application of them to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application
which is judged to be invalid.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. This
Ordinance shall not be construed as abating any action now pending
under, or by virtue of, prior existing subdivision regulations, or
as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm
or corporation, or as waiving any right of the City under any section
or provision existing at the time of adoption of this Ordinance, or
as vacating or annulling any rights obtained by any person, firm or
corporation, by lawful action of the City except as shall be expressly
provided in this Ordinance.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. General.
Where the City Council finds that undue hardships will result
from strict compliance with a certain provision(s) of this Ordinance,
or where the purposes of these regulations may be served to a greater
extent by an alternative proposal, the City Council may approve a
waiver/suspension from any portion of these regulations so that substantial
justice may be done and the public interest is secured, provided that
the waiver/suspension shall not have the effect of nullifying the
intent and purpose of these regulations, and further provided that
the City Council shall not approve a waiver/suspension unless it shall
make findings based upon the evidence presented to it in each specific
case that:
1. Granting
the waiver/suspension will not be detrimental to the public safety,
health or welfare, and will not be injurious to other property or
to the owners of other property, and the waiver/suspension will not
prevent the orderly subdivision of other property in the vicinity;
2. The
conditions upon which the request for a waiver/suspension is based
are unique to the property for which the waiver/suspension is sought,
and are not applicable generally to other property;
3. Because
of the particular physical surroundings, shape and/or topographical
conditions of the specific property involved, a particular hardship
to the property owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out;
4. The
waiver/suspension will not in any manner vary the provisions of the
Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted
plan(s) or ordinance(s) of the City;
5. An
alternate design will generally achieve the same result or intent
as the standards and regulations prescribed herein.
Such findings of the City Council, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the Council meeting at which a waiver/suspension
is considered.
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b. Procedures:
1. A
petition for a waiver/suspension shall be submitted in writing to
the Community Development Department by the property owner before
the plat is submitted for the consideration of the Planning &
Zoning Commission. The petition shall state fully the grounds for
the application, and all of the facts relied upon by the petitioner.
2. All
waivers/suspensions shall be considered by the Planning & Zoning
Commission. The Planning & Zoning Commission shall recommend that
the City Council either approve or deny the waiver/suspension.
3. All
waivers/suspensions shall have final approval or disapproval by the
City Council.
c. Criteria
for Waivers/Suspensions from Development Exactions.
Where
the City Council finds that the imposition of any development exaction
pursuant to these regulations exceeds reasonable benefit to the property
owner, or is so excessive as to constitute confiscation of the tract
to be platted, it may approve a full or partial, at its discretion,
waiver/suspension to such requirements, so as to prevent such excess.
d. Criteria
for Waivers/Suspensions for Street Exactions.
Where the
City Council finds that the imposition of any dedication or construction
requirement for streets pursuant to these regulations exceeds reasonable
benefit to the property to be platted, it may approve waivers/suspensions
for such requirements so as to prevent such excess. In order to qualify
for a waiver/suspension under this Section, the property owner shall
demonstrate that the costs of right-of-way dedication and construction
of streets other than streets classified as local streets imposed
pursuant to these regulations substantially exceeds the proportionality
standards as outlined in Section 1.12.
e. Conditions
on Approved Waiver/Suspension.
In approving a waiver/suspension,
the City Council may require such conditions as will, in its judgment,
secure substantially the purposes described in Section 1.2.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. Definitions.
For the purposes of this Section:
1. Public
infrastructure improvement
means a water, wastewater,
street, drainage or park facility that is a part of one or more of
the City’s public facilities systems.
2. Public
facilities system
means the collection of water, wastewater,
street, drainage or park facilities owned or operated by or in behalf
of the City for the purpose of providing services to the public, including
existing and new developments.
b. Purpose,
Applicability & Effect.
1. Purpose.
The purpose of a proportionality appeal is to assure that a
requirement to dedicate, construct or pay a fee for a public infrastructure
improvement imposed on a proposed plat as a condition of approval
does not result in a disproportionate cost burden on the property
owner, taking into consideration the nature and extent of the demands
created by the proposed development on the City’s public facilities
systems.
2. Applicability.
An appeal under this Section may be filed by a property owner to contest any requirement to dedicate land, to construct improvements or to pay development fees, other than impact fees, for a public infrastructure improvement, which requirement is imposed under the City’s Subdivision Ordinance to a plat application pursuant to Division
II of this Subdivision Ordinance, whether the requirement is applicable under uniform standards, or is imposed pursuant to an individual evaluation of the proposed subdivision.
c. Proportionality
Determination by City Engineer.
Prior to a decision by
the Planning and Zoning Commission on a Preliminary Plat application,
or if no Preliminary Plat application is required, on a Final Plat
application, filed under Section 2.4, the City Engineer (who for this
subsection must be a licensed professional engineer) shall prepare
a report affirming that each public infrastructure improvement to
be imposed as a condition of plat approval is roughly proportionate
to the demand created by the development on the City’s public
facilities systems, taking into consideration the nature and extent
of the development proposed.
1. In
making his proportionality determination, the City Engineer may rely
upon categorical findings pertaining to on-site improvements; the
proposed or potential use of the land; the timing and sequence of
development in relation to availability of adequate levels of public
facilities; impact fee studies or other studies that measure the demand
for services created by the development and the impact on the City’s
public facilities systems; the function of the public infrastructure
improvements in serving the proposed development; the degree to which
public infrastructure improvements to serve the subdivision are supplied
by other developments; the anticipated participation by the City in
the costs of such improvements; any reimbursements for the costs of
public infrastructure improvements for which the proposed development
is eligible; or any other information relating to the mitigating effects
of the public infrastructure improvements on the impacts created by
the development on the City’s public facilities systems.
2. Based
upon his proportionality determination, the City Engineer shall affirm
that the public infrastructure improvement requirements of the Subdivision
Regulations do not impose costs on the developer for such improvements
that exceed those roughly proportionate to those incurred by the City
in providing public facilities to serve the development.
3. The
City Engineer may promulgate any application requirements that may
assist in making the proportionality determination required by this
Subsection.
d. Commission
Determination.
The City Planning and Zoning Commission
shall take into account the City’s Engineer’s report concerning
the proportionality of public infrastructure improvement requirements
to be applied to a proposed preliminary or Final Plat application,
as the case may be, in making its decision on the plat application,
and shall identify any variation to the requirements that are to be
included as conditions to plat approval.
e. Appeals.
1. Who
May Appeal.
An appeal to the City Council under this
Section may be filed by a property owner or the applicant for a Preliminary
or Final Plat, in which a requirement to dedicate land for, construct
or pay a fee, other than an impact fee, for a public infrastructure
improvement has been applied or attached as a condition of approval,
or as grounds for denying the plat application.
2. Time
for Filing and Request for Extension of Time.
The appeal shall be filed in writing within ten (10) days of the date the Planning and Zoning Commission takes action applying the public infrastructure improvement requirement to the plat application. The appeal shall be filed with the Community Development Director and shall be forwarded to the City Council for consideration in conjunction with its deliberations on the plat application. The applicant may request postponement of consideration of the plat application by the City Council pending preparation of the study required by Subsection
4 below, in which case the applicant shall also waive the statutory period for deciding plats for the time needed to decide the appeal by the City Council.
3. Form
of Appeal.
An appeal under this section shall allege
that application of the standard or the imposition of conditions relating
to the dedication, construction or fee requirement is not roughly
proportional to the nature and extent of the impacts created by the
proposed development on the City’s public facilities systems,
or does not reasonably benefit the proposed development.
4. Study
Required.
The appellant shall provide a study in support
of the appeal that includes the following information within thirty
(30) days of the date of appeal, unless a longer time is requested:
(a) Total capacity of the City’s water, wastewater, street, drainage
or park system to be utilized by the proposed development, employing
standard measures of capacity and equivalency tables relating the
type of development proposed to the quantity of system capacity to
be consumed by the development. If the proposed development is to
be developed in phases, such information also shall be provided for
the entire development proposed, including any phases already developed.
(b) Total capacity to be supplied to the City’s water, wastewater,
street, drainage or park facilities system by the dedication of an
interest in land, construction of improvements or fee contribution.
If the plat application is proposed as a phased development, the information
shall include any capacity supplied by prior dedication, construction
or fee payments.
(c) Comparison of the capacity of the City’s public facilities
system(s) to be consumed by the proposed development with the capacity
to be supplied to such system(s) by the proposed dedication of an
interest in land, construction of improvements, or fee payment. In
making this comparison, the impacts on the City’s public facilities
system(s) from the entire development shall be considered.
(d) The amount of any City participation in the costs of oversizing the
public infrastructure improvement to be constructed in accordance
with the City’s requirements.
(e) Any other information that shows the alleged disproportionality between
the impacts created by the proposed development and the dedication,
construction or fee requirement imposed by the City.
f. Land
in Extraterritorial Jurisdiction.
Where the subdivision
or the public infrastructure improvements are located in the extraterritorial
jurisdiction of the City and are to be dedicated to a county under
an interlocal agreement under Tex. Loc. Gov’t Code Chapter 242,
an appeal or study in support of the appeal shall not be accepted
as complete for filing by the Community Development Director unless
the appeal or study is accompanied by verification that a copy has
been delivered to Hunt County (i.e., the county in which the facilities
are to be located).
g. Decision.
The City Council shall decide the appeal in conjunction with
its decision on the plat application. The Council shall base its decision
on the criteria listed in Subsection h below, and may take one of
the following actions.
1. Deny
the appeal, and impose the standard or condition on the plat application
in accordance with the City Engineer’s recommendation or the
Planning and Zoning Commission’s decision on the plat; or
2. Deny
the appeal, upon finding that the proposed dedication, construction
or fee requirements are inadequate to offset the impacts of the subdivision
on the public facilities system for water, wastewater, street, drainage
or park improvements, and either deny the plat application or require
that additional public infrastructure improvements be made as a condition
of approval of the application; or
3. Grant
the appeal, and waive in whole or in part any dedication, construction
or fee requirement for public infrastructure improvements to the extent
necessary to achieve proportionality; or
4. Grant
the appeal, and direct that the City participate in the costs of acquiring
land for or constructing the public infrastructure improvement under
standard participation policies.
h. Criteria
for Approval.
In deciding an appeal under this Section,
the City Council shall determine whether the application of the standard
or condition requiring dedication of an interest in land for, construction
of, or payment of a fee for public infrastructure improvements is
roughly proportional to the nature and extent of the impacts created
by the proposed subdivision on the City’s public facilities
systems for water, wastewater, street, drainage or park facilities,
and reasonably benefits the development. In making such determination,
the Council shall consider the evidence submitted by the appellant,
the City Engineer’s report and recommendation, considering in
particular the factors identified in Subsection c above, and, where
the property is located within the City’s extraterritorial jurisdiction,
any recommendations from the county.
i. Action
Following Decision.
If the relief requested under the
proportionality appeal is granted in whole or in part by the City
Council, the dedication, construction or fee requirement initially
imposed by the Planning and Zoning Commission as a condition of plat
approval shall be modified accordingly, and the standards applied
or the conditions attached to Commission’s approval of the plat
application shall be conformed to the relief granted. Thereafter,
the appellant shall resubmit the plat application to the City Council
within ninety (90) days of the date relief under the appeal is granted,
in whole or in part, showing conformity with the City Council’s
decision on the appeal.
j. Expiration
of Relief.
If an applicant for plat approval prevails
on a proportionality appeal, but fails to conform the plat to the
relief granted by the City Council with the ninety-day (90-day) period
provided, the relief granted by the City Council on the appeal shall
expire.
1. The
Council may extend the time for filing the revised plat application
for good cause shown, but in any event, the expiration date for the
relief granted shall not be extended beyond one year from the date
relief was granted on the appeal.
2. If
the plat application is modified to increase the number of residential
units or the intensity of nonresidential uses, the responsible official
may require a new study to validate the relief granted by the City
Council.
3. If
the plat application for which relief was granted is denied on other
grounds, a new petition for relief shall be required on any subsequent
application.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. No person
who owes delinquent taxes, delinquent paving assessments, delinquent
fees, or any other delinquent debts or obligations to the City of
Greenville, and which are directly attributable to a piece of property,
shall be allowed to receive approval for any plat or Replat until
the taxes, assessments, debts or obligations directly attributable
to said property and owed by the property owner or a previous owner
thereof shall have been first fully discharged by payment, or until
an arrangement satisfactory to the Community Development Department
has been made for the payment of such debts or obligations. It shall
be the applicant’s responsibility to provide evidence or proof
that all taxes, assessments, debts or obligations have been paid at
the time of submission for any application for approval under this
Ordinance. A tax certificate shall also be provided as required by
Section 12.002 of the Texas Property Code.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. The
City may deny a hearing and any approval pursuant to this Ordinance
if the applicant does not submit the information and fees required
by this Ordinance.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. It shall
be a violation of this Ordinance for any person to knowingly or willfully
misrepresent, or fail to include, any information required by this
Ordinance in any plat application or during any public hearing or
meeting of the Planning & Zoning Commission (or City Council,
as applicable). Such a violation shall constitute grounds for denial
of the plat.
(Ordinance 06-117, sec. 2, adopted 9/26/06)
a. For
the purpose of this Ordinance, the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall
include the future tense; words in the plural number shall include
the singular number (and vice versa); and words in the masculine gender
shall include the feminine gender (and vice versa). When words and
terms are defined herein, and are also defined in another City ordinance,
they shall be read in harmony unless there exists an irreconcilable
conflict, in which case the definition contained in this ordinance
shall control. Definitions not expressly prescribed herein are to
be determined in accordance with customary usage in municipal planning
and engineering practices. If no such customary usage exists, the
definition found within the latest edition of Webster’s Dictionary
shall be used. The word “shall” is always mandatory, while
the word “may” is merely directory.
1. Addition.
A lot, tract or parcel of land lying within the corporate boundaries
or extraterritorial jurisdiction of the City which is intended for
the purpose of subdivision or development.
2. Administrative
Officers or Officials.
Any officer of the City referred
to in this Ordinance by title – including but not limited to
the Community Development Director, City Engineer, City Secretary,
Fire Chief, Police Chief, Public Works Official and Chief Building
Official – shall be the person so retained in that position
by the City, or his or her duly authorized representative. This definition
shall also include civil engineering, planning, legal, financial,
traffic engineering and other consultants retained by the City to
supplement or support existing City staff.
3. Alley.
A minor 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 that derive primary
access from a street. The length of an alley segment is to be measured
from the right-of-way lines of the streets from which the alley is
provided access, or from the centerpoint of an intersection with another
alley which connects to a street.
4. Amended
or Amending Plat.
A revised plat correcting errors or
making minor changes to a recorded plat pursuant to Section 212.016
of the Texas Local Government Code.
5. Amenity.
An improvement to be dedicated to the public or to the common
ownership of the lot owners of the subdivision and providing an aesthetic,
recreational or other benefit, other than those prescribed by this
Ordinance.
6. Applicant.
A person or entity who submits an application for an approval
required by this Ordinance. Also sometimes referred to as “owner”, “owner’s
agent”, “developer”, “subdivider”, or
other similar term.
7. Application.
A written request for an approval required by this Ordinance.
8. Assurance.
Any form of a security that is submitted to the City for the
purposes of ensuring that adequate monies are available for the construction
of improvements in relation to an approved plat and approved construction
plans.
9. Base
Flood.
The flood having a one percent (1%) chance of
being equaled or exceeded in any given year.
10. Block Length or Street Length.
For a residential subdivision,
that distance measured along the centerline of the street from the
intersection centerpoint of one through street to the intersecting
centerpoint of another street, or to the midpoint of a cul-de-sac.
The through street referred to above shall not be a cul-de-sac, a
dead-end street, or a looped street, but shall be a street which clearly
has two points of ingress from two different directions.
11. Bond.
Any form of a surety bond in an amount and form
satisfactory to the City.
12. Building Setback Line.
The line within a property defining
the minimum horizontal distance between a building or other structure
and the adjacent street right-of-way line, property line, a creek,
or some other specific feature.
13. Capital Improvements Program (CIP).
The official proposed
schedule, if any, of all future public projects listed together with
cost estimates and the anticipated means of financing each project,
as adopted by City Council.
14. City.
The City of Greenville, Texas.
15. City Attorney.
The term “City Attorney”
shall apply only to such attorney, or firm of attorney, that has been
specifically employed by the City to assist in legal matters. This
term shall also apply if the City retains a person to perform the
functions of City Attorney as an official City employee.
16. City Council.
The duly elected governing body of the
City of Greenville, Texas.
17. City Engineer.
The term “City Engineer”
shall apply to such licensed professional engineer, or firm of licensed
professional consulting engineers, that has been specifically employed
by the City to assist in engineering-related matters. This term shall
also apply to a City official authorized by the City Manager to perform
the functions of City Engineer (as described in this Subdivision Ordinance)
weather [whether] or not licensed as a professional engineer.
18. City Manager.
The person holding the position of the
City’s chief executive officer (e.g., City Manager), as appointed
by the City Council.
19. Commission.
The Planning & Zoning Commission of
the City.
20. Comprehensive Plan.
The phrase “Comprehensive
Plan” shall mean the Comprehensive Plan of the City and adjoining
areas as adopted by the City Council, including all its revisions
and Plan elements (including, but not limited to, the Future Land
Use Plan, Thoroughfare Plan, Parks Master Plan, etc.). This Plan indicates
the general locations recommended for various land uses, transportation
routes, public and private buildings, streets, parks, water and wastewater
facilities, and other public and private developments and improvements.
21. Community Development Department.
The term “Community
Development Department” shall refer to the City’s department,
and related employees, that has been specifically created and maintained
by the City to assist in planning- and zoning-related matters. This
term shall also apply to any official City employee in the Community
Development Department, including any practicing, professional land
planner, administrative support, and/or firm of professional land
planners.
22. Contiguous.
Lots are contiguous when at least one boundary
line or point of one lot touches a boundary line, or lines, or point
of another lot.
23. Cul-De-Sac.
A street having only one outlet to another
street, and terminated on the opposite end by a vehicular turnaround
or “bulb”. The length of a cul-de-sac is to be measured
from the intersection centerpoint of the adjoining through street
to the midpoint of the cul-de-sac bulb.
24. Curvilinear Street.
A street that is not straight and
that intersects other streets at an angle that is less than or greater
than ninety degrees (90º, i.e., a right angle); a street that
follows the topography or curvature of the land.
25. Dead-End Street.
A street, other than a cul-de-sac,
with only one outlet.
26. Development Plat.
A plat that is in accordance with
Sections 212.041 through 212.050, as amended, of the Texas Local Government
Code.
27. Easement.
The word “easement” shall mean
an area for restricted use on private property upon which the City
or a franchised utility shall have the right to remove and keep removed
all or part of any buildings, fences, trees, shrubs and other improvements
or growths which in any way endanger or interfere with the construction,
maintenance or efficiency of its respective systems within said easements.
28. Engineer.
A person duly authorized and licensed under
the provisions of the Texas Engineering Registration Act to practice
the profession of engineering.
29. Engineering Plans or Drawings.
The maps or drawings
accompanying a plat and showing the specific location and design of
public improvements to be installed in the subdivision in accordance
with the requirements of the City as a condition of approval of the
plat.
30. Escrow.
A deposit of cash with the City in accordance
with this Ordinance.
31. FEMA.
The Federal Emergency Management Agency of the
U.S. government.
32. Filing Date:
The date upon which when [sic] a submitted
application is deemed completed, with all necessary forms, fees, plans,
information and copies submitted to the City in accordance with the
City’s application requirements for the purposes of a development
application. The filing date is not necessarily the same as the submission
date (see Submission Date).
33. Final Plat (also “Record Plat” or “As-Built Plat”).
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 Registered Professional Land Surveyor (RPLS),
with the subdivision location referenced to a survey corner, and with
all boundaries, corners and curves of the land division sufficiently
described so that they can be reproduced without additional references.
An Amending Plat is also a Final Plat.
34. Governing Body.
The City Council of the City of Greenville.
35. Improvement or Developer Agreement.
A contract entered
into by the applicant and the City, by which the applicant promises
to complete the required public improvements within the subdivision
or addition within a specified time period following Final Plat approval.
36. Land Planner.
Persons, including Registered Professional
Land Surveyors (RPLS) or engineers, who possess and can demonstrate
a valid proficiency in the planning of residential, nonresidential
and other related developments, such proficiency often having been
acquired by education in the field of landscape architecture or other
specialized planning curriculum, or by actual experience and practice
in the field of land planning, and who may be certified as a member
of the American Institute of Certified Planners (AICP).
37. Lot (also Lot of Record).
A divided or undivided tract
or parcel of land having frontage on a public or private street or
other form of approved public or private access, and which is, or
which may in the future be, offered for sale, conveyance, transfer
or improvement; which is designated as a distinct and separate tract;
and which is identified by a tract or lot number or symbol in a duly
approved subdivision plat which has been properly filed of record
at the County.
38. Major Plat.
Any plat not classified as a Minor Plat,
including but not limited to subdivisions of more than four (4) lots,
or any plat that requires the construction of a new street (or portion
thereof) or the extension of a municipal facility as required by this
or any other City ordinance.
39. Major Subdivision.
This is the same as a “Major
Plat”.
40. Minor Plat.
A subdivision resulting in four (4) or fewer
lots, provided that the plat does not create any new street nor the
extension of any municipal facilities to serve any lot within the
subdivision.
41. Minor Subdivision.
This is the same as a “Minor
Plat”.
42. On-Site Facilities or Improvements.
These are the existing
or proposed facilities or improvements constructed within the property
boundaries of the plat, and the existing or proposed facilities required
to be constructed or improved immediately adjacent to the property
that are needed to serve the development. Facilities and improvements
include, but are not limited to, streets, alleys, water lines, sewer
lines, storm drainage facilities, sidewalks, screening devices, and
curbs and gutters.
43. Off-Site Facilities or Improvements.
These are the facilities
or improvements that are required to serve the site but that are not
located within the boundaries of the plat, and are not required to
be constructed or improved immediately adjacent to the property to
serve the development. These include oversizing for streets, sewer
lines, water lines and storm drainage facilities, as well as the excess
capacity of facilities such as water storage tanks and wastewater
treatment plants available for new development.
44. Overlength Street (or Alley).
A street segment, or a
cul-de-sac or alley segment, which exceeds the maximum length allowed
by this Ordinance, as measured along the centerline of the street
from the intersection centerpoint of one (1) through street, which
shall not be a cul-de-sac or dead-end or looped street, to the intersecting
centerpoint of another through street or, in the case of a cul-de-sac,
to the midpoint of the cul-de-sac. For an alley segment, the measurement
shall be to the right-of-way lines of the streets from which the alley
is provided access, including any alley turnouts, or from the centerpoint
of an intersection with another alley which connects to a street.
45. Pavement Width.
The portion of a street that is available
for vehicular traffic. Where curbs are used, it is the portion from
the back of curb to the back of curb.
46. PE.
Acronym for Professional Engineer.
47. Perimeter Street.
Any existing or planned street which
is adjacent to the subdivision or addition to be platted.
48. Person.
Any individual, association, firm, corporation,
governmental agency, political subdivision, or legal entity of any
kind.
49. Planning & Zoning Commission.
The Planning &
Zoning Commission of the City of Greenville, Texas.
50. Plat.
This means a Preliminary Plat, Final Plat, Development
Plat, Amending Plat or Replat, as determined by the context.
51. Preliminary Plat.
The graphic expression of the proposed
overall plan for subdividing, improving and developing a tract, showing
in plan [plain] view the proposed street and lot layout, easements,
dedications and other pertinent features, with such notations as are
sufficient to substantially identify the general scope and detail
of the proposed development. Engineering plans for public improvements
are submitted along with the Preliminary Plat.
52. Private Street.
A private vehicular access way, including
an alley, that is shared by and that serves two or more lots, which
is not dedicated to the public, and which is not publicly maintained.
53. Property Owner (may also be known as “Subdivider” or “Developer”).
Any person or firm, association, syndicate, general or limited
partnership, corporation, trust or other legal entity, or any agent
thereof, that has sufficient proprietary interest in the land sought
to be subdivided to commence and maintain proceedings to subdivide
the same under this Ordinance. In any event, the term “property
owner” shall be restricted to include only the owner(s) or authorized
agent(s) of such owner(s), such as a developer, of land sought to
be subdivided.
54. Public Improvements.
Facilities, infrastructure and
other appurtenances, typically owned and maintained by the City (but
not necessarily located upon City-owned property or right-of-way –
public improvements can be located upon private property in a public
easement), which serve a public purpose in providing a needed service
or commodity, such as wastewater collection and treatment and water
storage and distribution, and which protect the general health, safety,
welfare and convenience of the City’s citizens, including efficiency
in traffic circulation and access for emergency services. The term “public
improvements” shall not include facilities or infrastructure
of private providers of utility services other than water and wastewater,
but shall be deemed to include facilities and infrastructure that
the City would normally require of a development but which will be
owned and maintained by an entity such as a homeowners association,
as in the case of private streets.
55. Replatting or Replat.
The resubdivision of any part
or all of a block or blocks of a previously platted subdivision, addition,
lot or tract.
56. Review.
A term that is construed to mean “to read,
analyze, assess and act upon” a development application.
57. Right-of-Way.
A parcel of land occupied, or intended
to be occupied, by a street or alley. Where appropriate, “right-of-way”
may include other facilities and utilities such as sidewalks; railroad
crossings; electrical, communication, oil and gas facilities, water
and sanitary and storm sewer facilities; and any other special use.
The use of right-of-way shall also include parkways and medians outside
of the paved portion of the street. The usage of the term “right-of-way”
for land platting purposes shall mean that every right-of-way hereafter
established and shown on a Final Plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way, and shall not
be included within the dimensions or areas of such lots or parcels.
58. RPLS.
Acronym for Registered Professional Land Surveyor.
59. Sign, Subdivision Identification.
A permanent sign which
identifies a single-family residential subdivision.
60. Standard Street.
A standard street is a street that
meets or exceeds the minimum specifications in the City’s standard
street specifications, and which is constructed to the ultimate configuration
for the type of street it is designated for on the City’s Thoroughfare
Plan.
61. Street.
A right-of-way, whether public or private and
however designated, which provides vehicular access to adjacent land.
Streets may be of the following categories:
(a) Major thoroughfares, also known as arterial streets or primary thoroughfares,
which provide vehicular movement from one neighborhood to another
or to distant points within the City, and including freeways or highways
leading to other communities.
(b) Collector streets, also known as feeder streets or secondary thoroughfares,
which provide vehicular circulation within neighborhoods, and from
local streets to major thoroughfares.
(c) Local residential streets, also known as minor thoroughfares or streets,
which primarily provide direct vehicular access to abutting adjacent
property.
(d) Private streets are streets which are owned and maintained by a homeowners
association or property owners association, and which are not dedicated
to the public.
62. Street Improvements.
This means any street or thoroughfare,
together with all appurtenances required by City regulations to be
provided with such street or thoroughfare, and including but not limited
to curbs and gutters, walkways (sidewalks), drainage facilities to
be situated in the right-of-way for such street or thoroughfare, traffic
control devices, street lights and street signs, for which facilities
the City will ultimately assume the responsibility for maintenance
and operation.
63. Street Length.
This means the same as “Block Length”.
64. Subdivision (also known as “Addition”).
A division or redivision of any tract of land situated within the
City’s corporate limits or its extraterritorial jurisdiction
into two or more parts, lots or sites, for the purpose, whether immediate
or future, of sale, division of ownership, or building development. “Subdivision”
includes resubdivisions of land or lots which are part of a previously
recorded subdivision.
65. Submission Date.
The submission date is when forms,
fees, plans, information and copies have been submitted to the City
for the purposes of meeting requirements for a development application.
The submission date is not necessarily the same as the filing date
(see Filing Date).
66. Substandard Street.
An existing street that does not
meet the minimum specifications in the City’s standard street
specifications, and which is not constructed to the ultimate configuration
for the type of street it is designated for on the City’s Thoroughfare
Plan.
67. Surety (or “Security” or “Assurance”).
See Division VI.
68. Surveyor.
A Registered Professional Land Surveyor (RPLS),
as authorized by State statutes to practice the profession of surveying.
69. SWPPP.
A Stormwater Pollution Prevention Plan (as in
a set of engineering construction plans).
70. Standard Design Manual.
The City of Greenville’s
Standard Design Manual for the construction of subdivision improvements,
a copy of which is maintained and available for inspection at the
City Hall, and which is incorporated and adopted herein by reference
(see Section 1.4.5). The Standard Design Manual as referred to herein
includes, the current City of Greenville Standard Drawings for Public
Works Construction, and The Standard Specifications for Public Works
Construction Manual published by the North Central Texas Council of
Governments, as amended and adopted by Ordinance. No 89-247 except
where superseded by the City of Greenville Standard Drawings for Public
Works Construction. The Standard Design Manual shall also include
any additional provisions or policies the City of Greenville implements
that pertain to the construction of public or site improvements required
or regulated under this ordinance.
71. TCEQ.
The Texas Commission on Environmental Quality,
previously known as the Texas Natural Resources Conservation Commission
(TNRCC).
72. Temporary Improvements.
Improvements built and maintained
by the developer that are needed to remedy a circumstance that is
temporary in nature, such as a temporary drainage easement or erosion
control device, that will be removed upon completion of the subdivision
or shortly thereafter.
73. U.S. Army Corps of Engineers.
The civil engineering
branch of the U.S. Government.
74. Yard.
The open area between building setback lines and
lot lines.
(Ordinance 06-117, sec. 2, adopted 9/26/06)