Adequate public facilities.Facilities determined to be capable of supporting and servicing the physical area and designated intensity of use of the proposed subdivision in compliance with the appropriate master plan and comprehensive plan of the city.
Alley.A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street (see figure 1).
Applicant.The owner of land proposed to be subdivided or its representative who shall have expressed written authority to act on behalf of the owner.
Area of benefit.An area of land which is designated by the city council as receiving benefits from or creating the need for the construction, acquisition, or improvement of a public facilities project.
Area-related facility.A public improvement which is designated to serve new development in a specific area and is not for the primary benefit or use of any single project. Area-related facility may include land dedication or construction of any oversized public improvement whether local or off-site.
Block.A tract of land bounded by streets, or by combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of the city (see figure 1).
Bond.Any form of surety bond in an amount and form satisfactory to the city council. All bonds shall be approved by the city council.
Building.Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
Building line.A line parallel to and measured from the front property line (frontage) of a lot, which establishes an area in which no building or structure, or portion thereof, shall encroach or otherwise be established or constructed (see figure 2).
Capital improvement.A public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the city.
Capital improvements program.A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years. Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category.
Central sewerage system.A community sewer system including collection and treatment facilities established by the subdivider to serve a new subdivision in an area not served by city utilities.
Central water system.A private water company formed by a subdivider to serve a new subdivision in an area not served by city utilities.
Certify.The process by which an agency or official attests the existence of some fact or circumstance. The city by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the fact or circumstance.
City.The City of Daisetta, Texas.
City attorney.The licensed attorney designated by the city council to furnish legal assistance for the administration of these regulations.
City engineer.The licensed engineer designated by the city council to furnish engineering assistance for the administration of these regulations or such other individual as may be designated to carry out equivalent functions. In the event there is no city engineer designated by the city council, the building official shall perform these duties.
Comprehensive plan.Comprehensive plan, a/k/a comprehensive/master plan, shall mean the comprehensive plan, if any such plan has been adopted by the city, including all its revisions, of the city and adjoining areas as adopted by the city council as a guide to future development. This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other private developments and improvements. The comprehensive plan may also be defined as a series of plans such as the thoroughfare plan, water and sewer plan, and annexation plan, among others.
Conditional approval.An affirmative action by the city council indicating that approval will be forthcoming upon satisfactions of certain specified stipulations.
Condominium.A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
Construction plan.The plans and specifications of all improvements to be dedicated to the public upon completion and acceptance by the city council, together with all improvements to be used by purchasers of lots or tracts within a subdivision. Such plans shall be prepared, signed and sealed by a registered professional engineer licensed to practice in the state and approved by the city engineer prior to acceptance by the city council.
Credit.The amount of the reduction of a fee, payments or charges for the same type of capital improvement for which the fee has been charged.
Cul-de-sac.A local street with only one outlet that terminates in a vehicular turnaround that allows for the safe and convenient reversal of traffic movement (see figure 3).
Curb.A concrete border or row of joined stones forming part of a gutter along the edge of a street.
Design criteria.Standards that set forth specific requirements for improvements.
Developer.The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. See "Subdivider."
Development.A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of land, any of which has the effect of increasing the requirements for capital improvements, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit, or the connection to the city's water or sewer system.
Drainage.The drawing off of, or filtering of, water from land.
Easement.An area intended for restricted use on private property upon which any public utility or the city shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or operation of any of its respective utility or drainage systems within any of these easements. Any public utility or the city shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, adding to or removing all or part of its respective systems.
Escrow.A deposit of cash with the city or escrow agent to secure the promise to perform some act.
Exaction.Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.
Excavation.The removing of earth, trenching, grubbing or otherwise clearing land, but shall not include surveying, laying out, cutting or marking any lot line or road area or road bed.
Expenditure.A sum of money paid out in return for some benefit or to fulfill some obligation.
External buffer.A naturally vegetated area along the exterior boundaries of a development which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
Extraterritorial jurisdiction.The unincorporated area, established by state law, that is contiguous to the corporate boundaries of the municipality. The geographical extent of any city's ETJ is contingent upon the number of inhabitants of the city.
File.To place a document or plat in the files of the city.
Final approval.Approval of the final plat by city council. The final approval does not entail the signing and recording of the final plat, both of which only follow the construction and acceptance of public improvements or entering into a subdivision improvement agreement.
Final plat.The map of a subdivision to be recorded with the county clerk after signing by the city council and any accompanying material as described in these regulations.
Frontage.That side of a lot abutting on a street and ordinarily regarded as the front of the lot (see figure 2).
General plan.That portion of a sketch plat submitted in connection with a multi-phase or phased subdivision application which provides the information and graphics meeting the requirements of this article for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.
Grade.The slope of a road, street, or other public way specified in percentage terms.
Gutter.A channel at the edge of a street or road for carrying off surface water.
Health officer.The person designated by the city council to administer health regulations.
Health, safety and general welfare.The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
Highway, limited access.A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway. Highways generally feed traffic into major arterials (see figure 3).
Household.Any person or persons who reside or intend to reside in the same housing unit.
Impact fee.A fee imposed on new development by the city council in order to mitigate the impacts on community facilities created by the demand for capital improvements by the new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such dedications.
Infill development.Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.
Landscaping.The use of vegetation for the purpose of meeting specific criteria regarding improvements to outside space, including ground cover, buffers and shade trees.
Lot.A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, for building development (see figure 2).
Lot, corner.A lot abutting on two or more intersection streets where the interior angle of intersection does not exceed one hundred thirty-five degrees. A corner lot is considered to have the street address on that street which the structure on the lot faces (see figure 1).
Lot improvement.Any building, structure, place, work of art, or other object situated on a lot.
Lot, interior.A lot having but one side abutting on a street (see figure 1).
Lot width.A dimension of the lot determined as follows:
(1) If the side property lines are parallel, the shortest distance between these side lines; and
If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot, at a distance equal to the required building line or rear setback line, whichever is smaller, the axis of the lot shall be a line generally perpendicular to the fronting street which divides the lot into two equal parts (see figure 4).
FIGURE 4 Lot width in lots with nonparallel side property lines is defined as dimension A or B, whichever is smaller. |
Lots, contiguous.Lots disposed in a way such that at least one boundary line of one lot touches a boundary line or lines of another lot (see figure 1).
Manufactured home (HUD-code).A factory-built structure that is manufactured or constructed after June 15, 1976, under the authority of 42 United States Code section
5401 and is to be used as a place for human habitation, but is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.
Comprehensive/master plan shall mean the comprehensive plan, if any such plan has been adopted by the city, including all its revisions, of the city and adjoining areas as adopted by the city council as a guide to future development. This plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other private developments and improvements. The comprehensive plan may also be defined as a series of plans such as the thoroughfare plan, water and sewer plan, and annexation plan, among others.
Mobile home (pre-HUD-code).A transportable structure, factory-built before June 15, 1976, designed to be used as a year-round residential dwelling unit, generally constructed or equipped with a permanent hitch or other device allowing it to be moved, and which has permanently attached to its body a frame, wheels or axles. For the purposes of these regulations, a recreation vehicle will be considered a mobile home.
Model home.A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
Money in lieu of land.Payment of money into a municipality earmarked fund to provide for acquisition of facilities off-site in place of dedicating land or providing such facility on-site.
Neighborhood park and recreation improvement fund.A special fund established by the city to retain monies for the development of parks and recreation, contributed by subdividers in accordance with the "money in lieu of land" provisions of these regulations.
Notice of noncompliance.A notice issued by the city council informing the subdivider for approval of a subdivision that the sketch plat is not in compliance with these regulations and that the subdivider may not apply for preliminary approval.
Notice to proceed.A notice issued by the city council informing the subdivider for approval of subdivision that the sketch plat is in compliance with these regulations and that the subdivider may proceed to apply for preliminary plat approval.
Off-site.Any premises not located within the area to be subdivided.
Official map.The map established by the city council showing the streets, highways, parks, drainage systems and setback lines laid out, adopted, and established by law, and any amendments or additions to be adopted, and established by law, and any amendments or additions to be adopted by city council resulting from the approval of subdivision plats and the subsequent filing of approved plats.
Open ditch.Drainage facility adjacent to and parallel with a road or street on the front portion of a lot.
Ordinance.Any legislative action, however denominated, of the city which has the force of law, including any amendment or repeal of any ordinance.
Owner.The record owners of the fee or a vendor in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
Person.Any individual or group of individuals, or any corporations, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
Phased subdivision application.An application for subdivision approval submitted pursuant to a general plan, or at the option of the subdivider, pursuant to a specific plan in which the subdivider proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time.
Police power.Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety and general welfare.
Preliminary plat.The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the city council for approval.
Premature subdivision.Subdivision of land which takes place prior to the installation of sufficient infrastructure in the area or prior to a subdivision falling within the extraterritorial jurisdiction of the city.
Property owners' association.An association of people who own property in a given area, formed for the purpose of improving or maintaining the quality of an area.
Public facilities project.Any and all public improvements the need for which is directly or indirectly generated by development, including but not limited to the following:
(1) Water mains, pipes, conduits, tunnels, hydrants, taps, and other necessary works and appliances for providing water service and fire protection.
Lines, conduits, and other necessary works and appliances for providing electrical power service.
Mains, pipes, and other necessary works and appliances for providing gas service.
Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes.
Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, or viaducts, parks and parkways, recreation areas, including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended.
Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels, or other appurtenances.
Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances.
Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this section.
Compaction of land, change of grade or contours, retaining walls, drains, and other structures suitable for the purpose of stabilizing land.
Works, systems or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto.
The grading or regrading, the paving or repaving, the planking or re-planking, the macadamizing or re-macadamizing, the graveling or re-graveling, and the oiling or re-oiling of streets.
Acquisition, construction, improvement and equipping of temporary and permanent fire stations.
Acquisition, construction, improvement and equipping of temporary and permanent police stations.
Acquisition, construction, and installation of traffic signs, signals, lights, and lighting.
Public works maintenance facilities.
All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, the maintenance of public facilities projects and administrative, engineering, architectural, and legal work performed in connection with establishing, implementing, and monitoring public facilities projects.
Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project.
Public hearing.An adjudicatory proceeding held by the city council preceded by actual notice to certain persons and at which certain persons, including the subdivider, may call witnesses and introduce evidence for the purpose of demonstrating that plat approval should or should not be granted.
Public improvement.Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the government may ultimately assume responsibility for, maintenance and operation of, or may constitute an improvement for which local government responsibility is established.
Public meeting.A meeting of the city council preceded by notice, open to the public and at which the public may, at the discretion of city council, be heard.
Record.To place a document or plat on file in the public records of the county.
Recorded restriction.A restriction that is contained or incorporated by reference in any plan, plat, replat or other instrument affecting a subdivision inside the city, which instrument has been duly recorded with the county clerk and which recorded restriction protects or tends to protect the residential character of the neighborhood where the subject property is located.
Recording fee.The charges required by the county for the placement of a document or plat on file in the public records.
Replat.Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded. The division or alteration of a tract or parcel of an existing subdivision, excepting lot consolidation and lot line adjustment.
Residential unit.A residential unit includes any structure which is used as a temporary or permanent residence and includes but is not limited to single-family homes, manufactured homes, mobile homes, recreational vehicles, and tiny homes.
Restriction.A limitation which affects the use to which real property may be used, fixes the distance buildings or structures are to be set back from property lines, street lines, or lot lines or affects the size of the lot or of the size, type and number of buildings or structures which may be built on the lot.
Right-of-way.A strip of land of definite width occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. Every right-of-way hereafter established and shown on a final plat is separate and distinct from the lots or parcels adjoining such right-of-way and is not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on which such right-of-way is established.
Road, classification.The designation of road categories and hierarchies for the purpose of providing for the development of the streets, highways, roads and rights-of-way in the city or its extraterritorial jurisdiction, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs, sidewalks, each existing street, highway, road and right-of-way, and those located on approved and filed plats (see figure 3).
Road, dead-end.A road or portion of a road with only one vehicular traffic outlet.
Road right-of-way width.In a public road, the distance between the property lines abutting such road measured at right angles to the centerline of the road (see figure 1).
Sale or lease.Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block descriptions.
Screening.Either:
(1) A strip of at least ten feet wide of densely planted (or having equivalent natural growth) shrubs or trees at least four feet high at the time of planting of a type that will form a year-round dense screen at least six feet high; or
An opaque wall or barrier or uniformly painted fence at least six feet high.
Security.The letter of credit or cash escrow provided by the subdivider to secure its promises in the subdivision improvement agreement.
Service area.The area for a particular category of public facilities within the jurisdiction of the city and within which impact fees for capital improvements will be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements for the category of public facility identified in the public facilities improvements program. A service area may be subdivided into sub-areas for purposes of assuring that impact fees collected and expended therein reasonably benefit new development within such areas.
Setback lines.A line parallel to and measured from a property line which establishes an area in which no building or structure, or portion thereof, shall encroach or otherwise be established or constructed. Setback line requirements refer to both sides and backs of lots (see figure 2).
Shade tree.A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
Sketch plat.A sketch preparatory to the preliminary plat that enables the subdivider to save time and expense in reaching general agreement with the city council as to the form of the plat and the objectives of these regulations.
Storm sewer.An open ditch or underground enclosed conduit which purpose is to convey stormwater.
Street, collector.A street or road intended to move traffic from local roads to minor or major arterials. A collector road serves a neighborhood or large subdivision and should be designed, as far as possible, so that no residential properties face onto it (see figure 3).
Street, frontage.Any street to be constructed by the subdivider or any existing street where development shall take place on both sides (see figure 1).
Street, local.A street or road whose sole function is to provide access to abutting properties and to other roads from individual properties (see figure 3).
Street, loop.A type of local street or road that has its only ingress and egress points on the same collector street.
Street, major.A street, road, or arterial intended to move high volumes of traffic to and from major attractors (see figure 3).
Street, minor.A street, road, or arterial intended to collect and distribute traffic from collector streets to the system of the major arterials (see figure 3).
Street, perimeter.Any existing street to which the parcel of land to be subdivided abuts on only one side (see figure 1).
Street, private.A street or road located on land which is not in public ownership, but which may be open for public access. The establishment of any new private street requires a plat be submitted.
Subdivide.The act or process of creating a subdivision.
Subdivider.Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who
Directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease or develop, any interest, lot, parcel, site, unit, or plat in a subdivision; or who
Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision; and who
Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
Subdivision.Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. Subdivision includes resubdivisions and condominium creations or conversion. A division of land under this regulation does not include a division of land into which all parts are greater than five acres, where each part has public access and no public improvement is being dedicated.
Subdivision agent.Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
Subdivision coordinator.The person or entity designated by the city council to coordinate the administration of these regulations.
Subdivision improvement agreement.A contract entered into by the subdivider and the city council on behalf of the municipality by which the subdivider promises to complete the required public improvements within the subdivision following final subdivision plat approval.
Subdivision plat.The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the city council for approval.
Sublot of a mobile home park.The area that is exclusively designed for an individual purchaser in a condominium regime or for an individual lessor in a mobile home park exclusive of all common elements, including private streets, private alleys, recreational open spaces, private/public easements and other facilities for common uses.
Townhouse or townhome.A single-family dwelling on a separate lot which fronts on a street or on a place or court which is attached to one or more similar dwellings by a common wall or walls and which in combination therewith constitute an architectural whole. In addition to individually owned lots as described herein, townhouse developments generally are cluster developments or planned unit developments in which there is land, and in some cases, facilities that are owned in common by all of the townhouse owners within the same subdivision.
Tract.The term "tract" generally refers to the property being subdivided, particularly in the context of subdivision where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, or interests.
Vacation of subdivision.The resubdivision of land which results in the removal of a prior approved subdivision essentially creating a "clean slate."
Variance.A waiver from compliance with a specific provision of these regulations granted to a particular property owner because of the practical difficulties or unnecessary hardship that would be imposed by the strict application of that provision of the regulation.
Vested rights.Right to initiate or continue a use or activity which will be contrary to a restriction or regulation coming into effect after the approval, initiation, or establishment of said use or activity.
(Ordinance 146, sec. 2.02, adopted 3/7/2022)
