For the purpose of this chapter, 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). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word “shall” is always mandatory, while the word “may” is merely directory.
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.
Administrative officers.Any officer of the city referred to in this chapter by title, including but not limited to the city manager, city secretary, fire chief, police chief, director of public works and chief building official, shall be the person so retained in that position by the city, or his 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, as deemed appropriate by the city.
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, including any alley turnouts onto a street, or from the centerpoint of an intersection with another alley which connects to a street.
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 chapter.
Applicant.A person or entity who submits an application for an approval required by this chapter. Also sometimes referred to as “developer,” “subdivider,” or other similar term.
Application.A written request for an approval required by this chapter.
Approval (by city council).The city council, as the governing body of the city, shall be the final authority responsible for approving all plats except for minor plats and amended plats. The only appeal to a decision by the city council shall be the judicial system.
Approval (by the planning and zoning commission).As a recommending body to the city council, any reference herein to approval by the planning and zoning commission shall be construed to mean that the commission takes action to make a favorable recommendation (either with or without conditions) to the city council. Any appeal to a decision by the planning and zoning commission shall be made to the city council.
Base flood.The flood having a one percent chance of being equaled or exceeded in any given year.
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.
Bond.Any form of a surety bond in an amount and form satisfactory to the city.
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.
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 the city council.
City.The City of Murphy, Texas.
City attorney.Shall apply only to the attorney, or firm of attorneys, that has been specifically employed by the city to assist in legal matters. The term “city attorney” shall also apply if the city retains a person to perform the functions of city attorney as an official city employee.
City engineer.Shall apply only to the licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the city to assist in engineering-related matters. The term “city engineer” shall also apply if the city retains a person to perform the functions of city engineer as an official city employee.
City planner.Shall apply only to the practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the city to assist in planning and zoning related matters. The term “city planner” shall also apply if the city retains a person to perform the functions of city planner as an official city employee.
Commission.The planning and zoning commission of the city.
Comprehensive plan.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 and open space plan, and the like). The comprehensive 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.
Concept plan.A drawing of the overall conceptual layout of a proposed development, superimposed upon a topographic map which generally shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the city’s administrative officers, the commission, the city council, and others who are consulted prior to preparation of the construction plat. A concept plan is also sometimes referred to as a “preliminary site plan,” a “sketch plan” or a “land study.”
Construction plat (also preliminary plat).The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan 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. The preliminary plat is referred to as the construction plat herein, since the engineering plans for public improvements are submitted along with it, and since it contributes toward authorization to proceed with construction of the subdivision and its associated public improvements, subject to any additions, alterations, plan approval and construction release by the city engineer.
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.
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.
Easement.An area for restricted use on private property upon which the city or a public 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. The city and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone.
Engineer.A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.
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.
Escrow.A deposit of cash with the city in accordance with this chapter.
FEMA.The Federal Emergency Management Agency of the U.S. government.
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 surveyor or engineer, 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. The final plat of any lot, tract or parcel of land shall be recorded in the land records of the county. An amended plat is also a final plat.
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.
Land planner.Persons, including surveyors 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).
Lot (also lot of record).A divided or undivided tract or parcel of land having frontage on a public street, 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.
Major plat.All plats not classified as minor plats, including but not limited to subdivisions of more than four 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.
Minor plat.A subdivision resulting in four or fewer lots, provided that the plat is for conveyance purposes only with no development or construction proposed, and provided that the plat does not create any new easements for public facilities nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required city utilities and services, and all lots will have access from a public roadway that has already been improved to city standards.
Off-site facilities or improvements.Those 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.
On-site facilities or improvements.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.
Overlength street (or alley).A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this chapter, as measured along the centerline of the street from the intersection centerpoint of one 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.
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 one curb to the back of the opposite curb.
Perimeter street.Any existing or planned street which abuts the subdivision or addition to be platted.
Person.Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.
Plat.A construction plat, final plat, development plat, amended plat or replat, as determined by the context.
Private street.A private vehicular accessway, 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.
Property owner (also known as applicant or 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 such land under this chapter. In any event, the term “property owner” shall be restricted to include only the owner or authorized agent of such owner, such as a developer, of land sought to be subdivided.
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), 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. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left-turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and stormwater management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, streetlights and street name signs. 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.
Replatting or replat.The resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.
Review.“To read, analyze, assess and act upon” a development application.
Right-of-way.A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, the term “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 the term “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.
Standard street.A street or road 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 roadway it is designated for on the city’s thoroughfare plan.
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:
(1) 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.
Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.
Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property.
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.
Street improvements.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, streetlights and street signs, for which facilities the city will ultimately assume the responsibility for maintenance and operation.
Street right-of-way.The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street.
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. The term “subdivision” includes resubdivisions of land or lots which are part of a previously recorded subdivision.
Submission date.The submission date is when all necessary forms, fees, plans, information and copies have been submitted to the city, previewed for completeness, and deemed as “complete” by action of issuance of a fee receipt by the city.
Substandard street.An existing street or road 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 roadway it is designated for on the city’s thoroughfare plan.
Surveyor.A licensed land surveyor or a registered public land surveyor, as authorized by state statutes to practice the profession of surveying.
SWPPP.A stormwater pollution prevention plan (as in a set of engineering construction plans).
TCSS.The city's technical construction standards and specifications (TCSS) for the construction of subdivision improvements, a copy of which is on file in the office of the city secretary, and which is incorporated herein by reference. The TCSS shall be comprised of the North Central Texas Council of Governments' (NCTCOG's) "Public Works Construction Standards" and the City of Murphy's Standard Construction Details that are in effect at the time of submission of the plat application. The TCSS shall also include any additional provisions or policies the city implements that pertain to the construction of site improvements such as street, parking lot, driveway and sidewalk paving, storm drainage structures, utility lines and facilities, screening walls/fences, retaining walls, landscaping and irrigation improvements, street lighting or signage, restricted access (gated) entrances to any type of development, and other similar improvements. The city engineer and the city’s director of public works shall have the authority to determine whether or not the engineering plans for any type of site improvement are in conformance with the city's TCSS.
Temporary improvements.Improvements built and maintained by the property owner 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.
TCEQ.The state commission on environmental quality.
Yard.The open area between building setback lines and lot lines.
(2006 Code, sec. 70-13; Ordinance 02-09-549, sec. 1.13, adopted 9/3/02; Ordinance adopting 2015 Code; Ordinance 25-01-1375 adopted 1/21/2025)