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;
2. 
Zoning Ordinance;
3. 
Building Codes;
4. 
Floodplain Management Ordinance;
5. 
Fire Codes;
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:
(a) 
Annexation; or
(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
(i) 
[Reserved]
(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.
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)