1.1.1 
Enactment and Effective Date.
The following standards, rules and regulations shall be known as the Subdivision Regulations of The Town of Horizon City, Texas. These Regulations are hereby adopted under the authority of Chapter 232 of the Local Government Code, Chapter 16 of the Texas Water Code and the Texas County Road and Bridge Act. These Regulations become effective on the final adoption of this ordinance. All subdivisions located outside the corporate limits of this incorporated municipality but within the jurisdiction of the City’s ETJ shall conform to the requirements of these Regulations. Subdivisions which have received formal approval by the City Council prior to the effective date of these Regulations shall not be subject to these Regulations, but shall be held to any previously imposed requirements.
(Ordinance 0035 adopted 1/11/94)
1.2.1 
These Regulations shall hereafter be known, cited, and referred to as the Subdivision Regulations of the Town of Horizon City, Texas. These Regulations are hereby adopted for, but not limited to, the following purposes:
1.2.1.1 
To protect, promote and provide for the public health, safety, and general welfare of the Town of Horizon City.
1.2.1.2 
To encourage the orderly future growth and beneficial development of all parts of the City.
1.2.1.3 
To protect and conserve the value of land throughout the City.
1.2.1.4 
To provide the most beneficial relationship between the uses of land and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways; to provide for the proper location and width of streets and for the adequacy of drainage facilities.
1.2.1.5 
To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land and to insure proper legal descriptions and monumenting of subdivided land.
1.2.1.6 
To encourage the installation of public facilities as herein defined with sufficient capacity to serve proposed subdivisions.
1.2.1.7 
To safeguard the water table, and to encourage the wise use and management of natural resources.
1.2.1.8 
To encourage the proper development, design and construction of road systems within the City.
1.2.1.9 
To ensure that adequate water and wastewater facilities are provided in subdivisions within the jurisdiction of the City and to establish minimum standards for water and wastewater facilities.
(Ordinance 0035 adopted 1/11/94)
1.3.1 
ACCESS,
access or access way is a public or private street by which pedestrians and vehicles shall have lawful and usable ingress and egress to a property line.
1.3.2 
ACCESS STREET,
any street within a subdivision or along the boundaries of a subdivision which would serve any properties outside the plat boundaries or provide a connection directly with a collector street.
1.3.3 
AMENDING PLAT,
a plat, previously approved by the Town of Horizon City, Texas, and duly recorded, which is resubmitted to the Town of Horizon City, Texas, for reapproval and recording which contains dimensional or notational corrections of erroneous information contained on the originally approved and recorded plat. An amending plat is not to be considered as a replat or resubdivision and may not contain any changes or addition to the physical characteristics of the original subdivision, but is intended only to correct minor errors or miscalculations.
1.3.4 
ARTERIAL STREET,
a principal traffic artery, carrying higher volumes of traffic, more or less continuously, which is intended to connect remote parts of the area adjacent thereto and to act as a principal connecting street with State Highways.
1.3.5 
CLEARING AND GRUBBING,
the removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish and other objectionable matter from a designated right-of-way.
1.3.6 
CITY COUNCIL,
the City Council for the Town of Horizon City, Texas.
1.3.7 
COMMERCIAL UNIT DEVELOPMENT
means a platted lot, zoned for commercial, manufacturing or industrial uses, which is further divided into more than one lot and where all additional lots are provided access to a public or private street through a private easement. The access shall be a parcel of land over which a private easement for road purposes, having a minimum paved width of twenty feet, is granted to all owners of property within the commercial unit development. In each instance the instrument creating such private easement, including the original agreement and any changes thereto resulting from the sale, lease or creation of additional lots, shall be held in perpetuity between all signatories, owners or lessees, to the agreement or their successors in interest, shall run with the land and be unseverable, and shall be duly recorded and filed with the office of the county clerk.
1.3.8 
COUNTY,
El Paso County, Texas.
1.3.9 
CITY ROAD ENGINEER,
the Engineer for the Town of Horizon City or his designated agent.
1.3.10 
DESIGNATED 100-YEAR FLOODPLAIN,
based on El Paso County, Texas, regulations for Floodplain Management; the area adjacent to a stream or watercourse which, on the average, has a one percent chance of being inundated from floodwaters in any given year.
1.3.11 
DRAINAGE CONTROL FACILITY,
any facility installed or constructed in conjunction with a drainage control plan for the purpose of controlling the rate and/or stormwater runoff [sic].
1.3.12 
DRAINAGE CONTROL PLAN,
a plan for collecting, controlling, transporting and imposing [impounding] of stormwater falling upon, entering, flowing within or exiting the subject property.
1.3.13 
LOCAL STREET,
a street or road which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts; is to provide access to adjacent land over short distances.
1.3.14 
LOT,
an undivided tract or parcel of land contained within a block, designated on a subdivision plat by alpha-numeric identification, and having frontage and/or access to an existing or proposed private or public street.
1.3.15 
MINOR UTILITY FACILITY,
see “Public utility facility”
1.3.16 
MONUMENTING,
the process of establishing permanent markers to locate a boundary of a subdivision and/or establishing right-of-way limits or centerlines.
1.3.17 
NATURAL DRAIN,
that course, formed by nature, which water naturally and normally follows in drainage from higher to lower lands.
1.3.18 
NATURAL LOCATION OF DRAINAGE SYSTEMS,
the location of channels, swales and other conveyance systems, not of human origin, existing as of the effective date of this order.
1.3.19 
NEIGHBORHOOD COLLECTOR STREET,
a street or road collecting traffic from other streets and collectors and serving as the most direct route to an arterial, State highway or a neighborhood center.
1.3.20 
NON-PUBLIC WATER SYSTEM,
any water system supplying water for domestic purposes which is not a public water system.
1.3.21 
PANHANDLE LOT,
a lot because of inherent limitation, lacking frontage except for access provided by way of a narrow projection of the lot to the street.
1.3.22 
PLATTED,
recorded with the City in an official plat record.
1.3.23 
PRELIMINARY PLAT,
a map or drawing of a proposed subdivision illustrating the features of the development for review and preliminary approval by the Town of Horizon City, Texas, but not suitable for recording in the County records.
1.3.24 
PRIVATE STREET,
a vehicular access under private ownership and maintenance, providing access to residential dwelling units or any part located more than three hundred feet (300') from an approved public street right-of-way. A private street shall also include any vehicular access to three (3) or more residential units. Parking lots and private driveways within shopping centers, institutions, commercial areas and industrial developments will not be considered as private streets.
1.3.25 
PROPOSED GRADE,
the final elevation as proposed by the City Engineer or as shown or [on] improvement plans.
1.3.26 
PUBLIC STREET,
a public right-of-way, however designated, dedicated or acquired, which provides vehicular access to adjacent properties.
1.3.27 
PUBLIC UTILITY FACILITY,
means the buildings, structures and facilities relating to the furnishing of public utility services to the public. Public utility facilities shall be categorized as follows:
A. 
Minor Utility Facilities.
Minor utility facilities shall include facilities which are necessary to support principal development including, but not limited to, lines, poles, pipes, drains, conduits, wires, meters, valves, hydrants, cross-connection control devices, transformers, gauges and other similar facilities which serve to distribute and transmit electrical power, gas, water and other essential public utilities; bus shelters, terminals and other similar facilities necessary for mass transportation service; bridges, catch basins, channels, culverts, detention ponds, ditches, flumes, pipes and other similar facilities which serve to carry, store, divert or collect storm drainage from land; and which minor utility facilities are customarily placed within a public right-of-way or public easement.
B. 
Water and Wastewater Utility Facilities.
Water and wastewater utility facilities shall include facilities providing service, maintenance or repair of essential public utilities to one or more developments including, but not limited to, wells, pumping stations, boosters, reservoirs, repeaters, water storage tanks, lift stations, regulators and other similar facilities; and which are not a minor or major utility facility.
C. 
Communication Utility Facilities.
Communication utility facilities are not minor or major utility facilities and shall include facilities that provide for the transmission, transfer and distribution of telephone service and related activities. Facilities include, but shall not be limited to, communications exchanges, mini-huts, maxi-huts and other similar facilities.
D. 
Major Utility Facilities.
Major utility facilities shall include facilities which are used primarily for the storage, treatment, distribution or collection of an essential public utility service including, but not limited to, facilities for generation of energy, water and wastewater treatment plants, storage yards, switching facilities, primary substations and similar facilities.
1.3.28 
PUBLIC WATER SYSTEM,
a system for the provision to the public of piped water for human consumption, which includes all uses described under the definition for drinking water. Such a system must have a potential for at least fifteen (15) service connections or serve at least twenty-five (25) individuals at least sixty (60) days out of the year. This term includes any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and used primarily in connection with such system [sic]; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Two or more systems with each having a potential to serve less than fifteen (15) connections or less than twenty-five (25) individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are fifteen (15) or greater or if the total number of individuals served by the combined systems total twenty-five (25) or more at least sixty (60) days out of the year.
1.3.29 
PURCHASER,
shall include purchasers under executory contracts for conveyance of real property.
1.3.30 
REMAINDER TRACT
means a portion of a larger parcel that is not included within the boundaries of any type of plat. Remainder tracts shall not be considered lots or tracts of the subdivision. Approval of a plat shall not constitute approval of development on a remainder tract.
1.3.31 
RESIDENTIAL COLLECTOR STREET,
a street or road collecting traffic from local streets of a residential nature and leading to streets of a higher type classification.
1.3.32 
SANITARIAN,
a person registered as a Professional Sanitarian by the Texas Department of Health under the authority of Vernon’s Ann. Tex. Civ. Stat. Article 4477-3.
1.3.33 
STREET DEDICATION PLAT,
a map or drawing illustrating only the location of a public street within a specific tract of land.
1.3.34 
SEWERAGE FACILITIES,
the devices and systems which transport domestic wastewater from residential property, treat the wastewater, and dispose of the treated water in accordance with the minimum state standards contained or referenced in these Regulations.
1.3.35 
STUB-END STREET,
a public street not terminated by a permanent circular turnaround, ending adjacent to undeveloped property or acreage and intended to be extended at such time as the adjacent undeveloped property or acreage is subdivided or developed.
1.3.36 
SUBDIVIDER,
any owner of land or authorized agent thereof proposing to divide or dividing land so as to constitute a subdivision.
1.3.37 
SUBDIVISION,
a division of any tract of land into two (2) or more parts for the purpose of laying out any subdivision of any tract of land or any addition or laying out lots, suburban lots, building lots, or streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners of lots fronting thereon or adjacent thereto. A Subdivision includes resubdivision (replat) of land which was previously divided.
1.3.38 
SURVEYOR,
a state land surveyor or a registered public surveyor, as licensed in the State of Texas, to practice the profession of surveying.
1.3.39 
UNRECORDED SUBDIVISION,
a subdivision of land or description of land for resale that varies from the previous sale description and which subdivision results in the creation of lots or tracts requiring current or future public access, but for which a plan or plat has not been authorized for recording by the Horizon City City Council or has not been recorded by the City Clerk.
1.3.40 
WATER FACILITIES,
any devices and systems which are used in the supply, collection, development, protection, storage, transmission, treatment, and/or retail distribution of water for safe human use and consumption.
Editor’s note–Ordinance 0035-018, adopted 4/12/16, added definitions to section 1.3 and renumbered the subsections sequentially.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-018 adopted 4/12/16)
To further provide for the purposes of these Regulations, the City Council for the Town of Horizon City, Texas, may from time to time amend the provisions imposed by these Subdivision Regulations. A public hearing on all proposed amendments shall be held by the Town of Horizon City in the manner prescribed by law.
(Ordinance 0035 adopted 1/11/94)
Any prior Subdivision Regulations, adopted by the Town of Horizon City, are hereby repealed to the extent that they conflict with these Regulations.
(Ordinance 0035 adopted 1/11/94)
If any part or provision of these Regulations, or application thereof to any person or circumstances, is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these Regulations or application thereof to other persons or circumstances. The Town of Horizon City hereby declares that it would have enacted the remainder of these Regulations without any such part, provision or application.
(Ordinance 0035 adopted 1/11/94)