(a) 
This chapter is adopted under the authority of the constitution, the laws of the state, including V.T.C.A., Local Government Code ch. 212, and the city’s Charter.
(b) 
This chapter shall be known and may be cited as the “Subdivision Ordinance of the City of Granite Shoals, Texas.”
(c) 
The following rules and regulations are hereby adopted as the subdivision provisions of the city. The city council hereby extends the application of this chapter to the extraterritorial jurisdiction of the city, as that area may exist from time to time. This chapter shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in V.T.C.A., Local Government Code ch. 212, municipal regulation of subdivisions and property development, within the corporate limits of the city 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 in V.T.C.A., Local Government Code ch. 212 with regard to the control, approval, and enforcement of subdivisions and plats within the city and within its extraterritorial jurisdiction.
(Ordinance 549, sec. 10.201, adopted 12/22/09)
(a) 
In their interpretation and application, the provisions of the regulations contained in this chapter 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) 
The subdivision 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 community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors that 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. 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.
(c) 
The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the city, are intended to:
(1) 
Promote the development and the utilization of land in a manner that ensures an attractive and high quality community environment in accordance with the comprehensive plan and chapter 40, zoning;
(2) 
Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required;
(3) 
Protect the public interest by imposing standards for the location, design, class and type of streets, sidewalks, utilities and essential public services;
(4) 
Assist orderly, efficient and coordinated development within the city limits and extraterritorial jurisdiction;
(5) 
Provide neighborhood conservation and prevent the development of slums and blight;
(6) 
Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts;
(7) 
Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this chapter;
(8) 
Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided;
(9) 
Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets;
(10) 
Prevent pollution of the air, streams and bodies of water; ensure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land;
(11) 
Preserve the natural beauty and topography of the city, and ensure development that is appropriate with regard to these natural features;
(12) 
Establish adequate and accurate records of land subdivision;
(13) 
Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future subdivisions and developments within the city and its extraterritorial jurisdiction;
(14) 
Protect and provide for the public health, safety and general welfare of the community;
(15) 
Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population;
(16) 
Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community;
(17) 
Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings;
(18) 
Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and
(19) 
Encourage the development of a stable, prospering economic environment.
(d) 
Minimum standards for development are contained in the city’s design criteria manual (DCM manual), chapter 40, zoning, the city’s building code, all applicable ordinances, and in this chapter. In addition, the comprehensive plan expresses policies designed to achieve an optimum quality of development in the city and its extraterritorial jurisdiction.
(Ordinance 549, sec. 10.202, adopted 12/22/09)
(a) 
No subdivision plat shall be recorded until a final plat, accurately describing the property, has been approved in accordance with this chapter and with other applicable city regulations described in subsection (b) of this section. No building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements 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 chapter; and
(2) 
All improvements required by this chapter have been constructed and accepted by the city, or
(3) 
Assurances for completion of improvements have been provided in accordance with article VI of this chapter.
(b) 
Compliance with all city ordinances pertaining to the subdivision of land, and the comprehensive plan, shall be required prior to approval of any development application governed by this chapter. It is the property owner’s responsibility to be familiar with, and comply with, city ordinances. Applicable ordinances and requirements include, but are not limited to, the following:
(1) 
Comprehensive plan; which includes the future land use plan, thoroughfare plan, park and open space plan, and associated maps and plans;
(2) 
Chapter 40, zoning;
(3) 
DCM manual; and
(4) 
Nonpoint source pollution control regulations.
(c) 
No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a subdivision is duly recorded with the county clerk as provided by this chapter.
(d) 
Except as otherwise provided by this chapter, the subdivision of any lot or any parcel of land by the use of metes and bounds description, contract of sale, or any other legal instrument, for the purpose of sale, transfer, or development is prohibited.
(e) 
The regulations contained herein are solely for the benefit of the city and its citizens. The city is not responsible for the consequences of platting due to the regulations of other entities such as the LCRA. Applicants are advised and encouraged to seek independent advice in order to determine if their property will be in compliance with all applicable local, state and federal rules and regulations before and after final approval of a plat.
(Ordinance 549, sec. 10.203, adopted 12/22/09)
(a) 
The provisions of this chapter 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 or more tracts, lots, sites or parcels;
(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 the county, 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 or more contiguous tracts, lots, sites or parcels for the purpose of creating or expanding one or more legal lots in order to achieve a more developable site, except as otherwise provided in this chapter.
(b) 
When a building permit is required for the following uses on land that has not already been platted:
(1) 
Residential single-family.
All single-family detached dwelling units shall be located on individual lots owned in fee simple, and shall not be located on an easement.
a. 
Construction of a new single-family dwelling unit; or
b. 
Moving of a primary structure or a main building onto a piece of property.
(2) 
Nonresidential and multifamily.
a. 
Construction of a new nonresidential or multifamily structure;
b. 
Additions, such as increasing the square footage of an existing building by more than 20 percent of its gross floor area;
c. 
Moving a primary structure, as permitted by the city’s regulations, onto a piece of property;
d. 
For tracts where any public improvements are proposed; or
e. 
Whenever a property owner proposes to divide land lying within the city or its extraterritorial jurisdiction into two or more tracts, and claims exemption from V.T.C.A., Local Government Code secs. 212.001 through 212.018 for purposes of development, that results in parcels or lots all greater than five acres in size; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a development plat that meets the requirements of V.T.C.A., Local Government Code secs. 212.041 through 212.050, regulation of property development. (See section 32-47 for requirements for development plats.)
(Ordinance 549, sec. 10.204, adopted 12/22/09)
(a) 
The provisions of this chapter shall not apply to:
(1) 
Development of land legally platted and approved prior to the effective date of the ordinance from which this chapter is derived, except as otherwise provided for herein, and for which no resubdivision is sought;
(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.
(b) 
When a building permit is requested for one or more of the following activities:
(1) 
Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage of the original structure;
(2) 
Additions, such as increasing square footage of structure, of not over 50 percent of the existing structure’s value, and of not over 20 percent of the gross floor area;
(3) 
Accessory buildings, as defined in chapter 40, zoning;
(4) 
Remodeling or repair which involves no expansion of square footage; or
(5) 
Moving a structure off a lot or parcel, or for demolition permits.
(Ordinance 549, sec. 10.205, adopted 12/22/09)
Except as otherwise provided in this chapter, all applications for plat approval, including final plats, that are pending on the effective date of the ordinance from which this chapter is derived and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of the ordinance from which this chapter is derived.
(Ordinance 549, sec. 10.206, adopted 12/22/09)
(a) 
Purpose.
(1) 
This section provides a process for submission of information so that the city can determine whether the permit or project is one that would afford a project with the rights provided in V.T.C.A., Local Government Code ch. 245, vested rights statute.
(2) 
This section shall not apply to a claim of right under common law, a federal or state statute other than V.T.C.A., Local Government Code ch. 245, the state or federal constitutions, or to the types of ordinances, or other governmental action, enumerated in V.T.C.A., Local Government Code sec. 245.004.
(3) 
No determination claiming entitlement to statutory rights under V.T.C.A., Local Government Code ch. 245 shall be approved or issued unless the applicant has demonstrated compliance with the following criteria for statutory rights:
a. 
The applicant has filed an application as provided in V.T.C.A., Local Government Code ch. 245 prior to the adoption of the regulations against which rights are claimed;
b. 
The regulations against which rights are claimed are not subject to an exemption as provided in V.T.C.A., Local Government Code sec. 245.004; and
c. 
The project has not become dormant as defined in V.T.C.A., Local Government Code sec. 245.005 and this chapter.
(b) 
Application for establishment of rights.
The provisions of this section shall apply to any application for a permit or any other approval of a project for which an applicant desires to establish development rights under V.T.C.A., Local Government Code ch. 245. There are two basic types of V.T.C.A., Local Government Code ch. 245 determinations.
(1) 
The first type of V.T.C.A., Local Government Code ch. 245 determination involves a demonstration by the applicant that a project is vested with V.T.C.A., Local Government Code ch. 245 development rights because the original application for a permit gave the city fair notice of the project and of the nature of the permit being sought and neither a permit nor the project have expired.
(2) 
The second type of V.T.C.A., Local Government Code ch. 245 determination involves a demonstration by the applicant that a project or permit is entitled to be reviewed in accordance with the regulations of the city in effect on the date that the original application for the first permit in the series of permits was filed because progress toward the completion of the project has been made by the applicant even though the permit and/or project time limits have expired.
(3) 
An applicant, in order to establish development rights for a particular project, may need to demonstrate both fair notice of the project and that progress toward completion of the project has been made.
(c) 
Expiration of existing permits.
(1) 
Any permit that has an approval date that is prior to the adoption of the ordinance from which this chapter is derived and that does not have an expiration date, and for which no progress had been made toward completion of the project prior to May 11, 2000, is hereby deemed to have expired as of May 11, 2004, and shall no longer be considered valid.
(2) 
Any other permit or approval that has an approval date that is prior to the adoption of said ordinance and that does not have an expiration date, and where no progress towards completion of the project has occurred, shall expire on the second anniversary of the effective date of said ordinance.
(3) 
All other permits or approvals governed by this chapter shall expire two years from the date that the permit was approved unless progress towards completion of the project has occurred and been substantiated by sufficient evidence of such progress as required in subsection (e) of this section.
(d) 
Expiration of existing projects.
Any project governed by this chapter shall expire on the fifth anniversary from the date of the issuance of any permit in the series of permits unless progress towards completion of the project has occurred and been substantiated by sufficient evidence of such progress as required in subsection (e) of this section.
(e) 
Applications for determination.
(1) 
Fair notice.
Payment of an application fee in the amount established by the fee schedule adopted by the city council, and two copies of a completed application, and two copies of any documents attached to the application and which the applicant is relying on, related to a demonstration that the city has fair notice of the project shall be submitted in a form prescribed by the city, and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and the applicant shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this section. One or all of the following items may be considered as part of the fair notice documentation:
a. 
Any of the documentation described in subsection (e)(3) of this section.
b. 
Documentation that clearly shows specific land uses, densities and intensities.
c. 
Documentation that shows the layout of lots, streets, public easements, parking areas and building footprints.
d. 
Any other documentation that the applicant believes provides evidence of fair notice.
(2) 
V.T.C.A., Local Government Code ch. 245 development rights shall only apply to the specified land uses, densities and intensities set forth in the fair notice documentation provided by the applicant. Any modification of the land uses, densities or intensities from those set out in the fair notice documentation shall be considered a new project subject to current city regulations.
(3) 
Permits that lack expiration dates.
An application related to a demonstration that a permit or project has not expired because progress has been made toward completion of the project shall be submitted in a form prescribed by the city, and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and shall clearly describe each permit that has been issued and the date of approval for each subsequent permit. The applicant shall provide a statement in narrative form that describes the efforts that have been undertaken toward completion of the project and shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this section. One or all of the following items may be considered:
a. 
Copy of an application for a final plat or plan that was previously submitted to a regulatory agency;
b. 
Proof that a good-faith attempt was previously made to file with a regulatory agency an application for a permit necessary to begin or continue progress towards completion of the project;
c. 
Documentation of costs that have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
d. 
Documentation of fiscal security posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
e. 
Documentation of utility connection fees or impact fees for the project paid to a regulatory agency.
(4) 
The provisions of subsection (e)(3) of this section shall only apply to the project and specified land uses, densities and intensities set forth in the permits that have been previously approved by the city and not to the property itself. Any modification of the land uses, densities or intensities shall be considered a new project and subject to current city regulations.
(5) 
Any application for a V.T.C.A., Local Government Code ch. 245 determination that is not deemed complete by the city shall be rejected, and the applicant shall be notified in writing of the missing or incomplete items within ten working days of the submission of the application. An incomplete application shall expire if the missing or incomplete items are not provided by the applicant within 45 days of the date of initial submission of the application.
(6) 
Each application shall be reviewed by the city manager in consultation with the city attorney. Where the documentation submitted by the applicant is adequate to confirm a determination that rights exist under V.T.C.A., Local Government Code ch. 245, then the regulations in place at the time such rights vested shall be applied in the further review and processing of permits for the project.
(7) 
The city manager shall either confirm or deny the application within 45 days of the date of the receipt of a complete application.
(8) 
The applicant may appeal a final determination by the city manager under this section to the city council within ten calendar days of the date of rejection of the application decision of the city manager.
(9) 
The city may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.
(f) 
Expiration of permit applications.
A permit application or application for plat approval shall expire on the 45th date after the date that the application is filed if:
(1) 
The applicant fails to provide documents or other information necessary to comply with the city’s requirements relating to the form and content of the permit or plat application;
(2) 
The city provides to the applicant not later than the tenth business day after the date the application is filed written notice of the failure that specifies the necessary documents or other information and the date the application will expire if the documents or other information is not provided; and
(3) 
The applicant fails to provide the specified documents or other information within the time provided in the notice.
(g) 
Exemption from rights.
The types of ordinances enumerated in V.T.C.A., Local Government Code sec. 245.004 are exempt from this section and will apply to a project or development regardless of the effective date of the ordinance or the existence of rights for the permit or project.
(h) 
Effect of project or permit completion.
After a project or permit is complete, the development or redevelopment of property included within the boundary of the completed project shall be deemed a new project for purposes of this section and shall be subject to all ordinances and requirements in effect at the time of the submission of any necessary application.
(Ordinance 549, sec. 10.207, adopted 12/22/09)
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 chapter. To the extent that this chapter promulgates standards or imposes restrictions or duties which differ from those imposed by other city ordinances, rules or regulations, the regulations contained within this chapter shall supersede such other provisions to the extent of any conflict or inconsistency; provided, however, that any inconsistency or conflict between this chapter and any provision adopted pursuant to a zoning ordinance changing the zoning of property, adopted by the city council in accordance with chapter 40, zoning, shall not be superseded by this chapter so long as the inconsistency or conflict with this chapter is identified by the zoning applicant prior to the adoption of the zoning ordinance (chapter 40).
(Ordinance 549, sec. 10.208, adopted 12/22/09)
No person who owes delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the city, and which are directly attributable to a piece of property, shall be allowed to record an approved plat or replat until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the city manager 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 chapter.
(Ordinance 549, sec. 10.209, adopted 12/22/09)
For the purpose of this chapter, the terms, phrases, words and their derivations set forth in this section shall have the meanings 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 term “shall” is always mandatory, while the term “may” is merely directory.
Addition
means a lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the city that is intended for the purpose of subdivision or development.
Administrative officers
means any officer of the city referred to in this chapter by title, including but not limited to the city manager, city attorney, city secretary, building official and city engineer shall be the person so retained in that position by the city, or their duly authorized representative. This definition shall also include engineering, planning, legal and other consultants retained by the city to supplement or support existing city staff, as deemed appropriate by the city.
Alley
means a minor public right-of-way not intended to provide the primary means of access to abutting lots that is used primarily for vehicular service access to the back or sides of properties otherwise abutting on 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.
Amended or amending plat
means a revised plat correcting errors or making minor changes to the original recorded final plat.
Amenity
means 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
means a person who submits an application for an approval required by this chapter. The applicant shall be the owner of the property subject to this chapter acting in person or by and through its authorized representative. Documentation evidencing ownership of the property and the authority of the authorized agent shall be submitted as required by the city manager.
Application
means a written request for an approval required by this chapter.
Base flood
means 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,
means 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
means any form of a surety bond in an amount and form satisfactory to the city.
Building code
means the ordinances adopted by the city and as subsequently amended that relate to the construction, remodeling or other applicable safety components of building construction for both commercial and residential structures.
Building official
means the inspector or administrative official designated by the city manager and charged with responsibility for issuing building permits and enforcing this chapter, chapter 40, zoning, and the city’s building code.
Building setback line
means 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, creek, or other specific environmental feature.
Capital improvements program (CIP)
means 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
means the City of Granite Shoals, Texas, including its extraterritorial jurisdiction.
City attorney
applies only to such attorney, or firm of attorneys, that has been specifically employed by the city to assist in legal matters.
City engineer
applies only to such licensed professional engineer, or firm of licensed consulting engineers, that has been specifically employed by the city to assist in engineering-related matters, or staff member designated by the city manager to be responsible for the duties assigned to the city engineer in this chapter.
City manager
means the person holding the position of city manager, as appointed by the city council. For the purposes of this chapter the city manager may appoint, in writing, a designee to act on his behalf.
City planner
applies only to such 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, or staff member designated by the city manager to be responsible for the duties assigned to the city planner in this chapter.
Commission
means the planning and zoning commission of the city.
Comprehensive plan
means the comprehensive plan of the city and adjoining areas as adopted by the city council, including all its revisions. 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.
Construction plans or drawings
means 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.
Contiguous
means 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
means 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.
Dead-end street
means a street, other than a cul-de-sac, with only one outlet.
Design criteria manual (DCM)
refers to the design and construction manuals of the City of Terrell, adopted by reference and incorporated in this chapter for the design and construction of subdivision and other improvements required or installed by the developer; or other technical construction manual as may subsequently or amended be adopted by the city manager in accordance with this chapter. A copy of the applicable manual is maintained and available for inspection at city hall.
Development plat
means a plat that depicts the development of land, which means the construction of any building, structure or improvement of any nature, residential or nonresidential, or the enlargement of any external dimension thereof.
Easement
means the grant of one or more property rights by a property owner to another person or entity.
ETJ
means the extraterritorial jurisdiction of the city as defined by state law.
Fair notice
means the evidence necessary to establish and substantiate a claim that a particular project is entitled to be reviewed in accordance with the regulations of the city in effect on the date of the application for the first permit in a series of permits for that project (V.T.C.A., Local Government Code ch. 245 determination).
Fair notice documentation
means documentation that demonstrates on the date of the filing of an original application or plan for development or plat application that gives the city fair notice of the project and the nature of the permit being sought.
Fill area
means real property that previously was owned by the City and that is located between the platted waterfront property line and the 825' contour of Lake LBJ.
Final plat, record plat or file plat
means 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.
Flag lot
means a flag lot means a lot whose frontage and access is provided by way of a narrow projection of the lot to the street, and the buildable area of the lot is set back from the street.
Governing body
means the duly elected or appointed mayor and the city council.
Land planner
means 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).
LCRA
means the Lower Colorado River Authority, or successor entity.
Licensed professional engineer
means a person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.
Lot or lot of record
means 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.
Major plat
means 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
means a subdivision or replat resulting in four or fewer lots abutting an existing street, provided that: (1) the plat does not create any new streets or new easements or the extension of any municipal facilities to serve any lot within the subdivision; and (2) no city-owned water main crosses the property. Any property to be subdivided using a minor plat shall already be served by all required city utilities and services.
Major subdivision
means the same as the term “major plat.”
Minor subdivision
means the same as the term “minor plat.”
Nonpoint source (NPS) pollution control regulations
means the regulations contained in LCRA’s Water Quality Management Technical Manual, and includes the requirements establishing the permitting process adopted and enforced by the LCRA as part of the Highland Lakes Watershed Ordinance, and as may be subsequently amended, collectively referred to herein as “NPS regulations.” LCRA’s Highland Lakes Watershed Ordinance and Water Quality Management Technical Manual are adopted and incorporated by reference into this chapter and shall be in effect until such time as the city adopts separate regulations regarding nonpoint source pollution control.
Off-site facilities or improvements
means those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat. 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
means the existing or proposed facilities or improvements, constructed within the property boundaries of the plat, that are needed to serve the development. These include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, and curbs and gutters.
On-site sewage facilities rules
means the rules and regulations adopted by the city either by ordinance or by reference by subcontracting with a third party such as the LCRA, and as amended from time to time.
Overlength street
means 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
means 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
means any existing or planned street which abuts the subdivision or addition to be platted.
Permit
means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.
Permits, series of,
means the set of permits required to complete a project.
Plat
means a preliminary plat, final plat, development plat, amended plat or replat, as determined by the context.
Preliminary plat
means 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.
Private street
means a private vehicular access way, including an alley, that is shared by and that serves two or more lots, that is not dedicated to the public, and that is not publicly maintained.
Project
means an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor.
Project, completion of,
means the construction of all elements of a final plat, including any acceptance of improvements by the city, or the completion of construction under a building permit issued by the city. Any additional development for which a new or modified plat or site plan is required shall be considered a new project.
Project, progress towards completion of,
means any one of the following:
(1) 
An application for a final plat or plan is submitted to a regulatory agency;
(2) 
A good-faith attempt is made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;
(3) 
Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
(4) 
Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
(5) 
Utility connection fees or impact fees for the project have been paid to a regulatory agency.
Property owner, applicant, subdivider or developer
means any person 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 chapter. The term “property owner” shall be restricted to include only the owner or authorized agent of such owner of land sought to be subdivided.
Public improvements
means facilities, infrastructure and other appurtenances, whether owned and maintained by the city or other governmental entity, that serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and that 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; traffic signalization, water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and stormwater management devices; water quality 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 walkways, streetlights and street name signs.
Regulatory agency
means the governing body of, or a bureau, department, division, board, commission or other agency of, a political subdivision acting in its capacity of processing, approving or issuing a permit.
Replatting or replat
means the resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.
Right-of-way
means 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 walkways; 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, means that every right-of-way hereafter established and shown on a final plat 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
means 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 thoroughfare plan.
Street
means 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.
(2) 
Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.
(3) 
Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property.
(4) 
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
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 sidewalks, drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, traffic signals, streetlights and street signs.
Street length
means the same as the term “block length.”
Subdivision or addition
means 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.
Substandard street
means an existing street or road that does not meet the minimum specifications in the city’s standard street specifications, and that is not constructed to the ultimate configuration for the type of roadway it is designated for on the city thoroughfare plan.
Surveyor
means a licensed land surveyor or a registered public surveyor, as authorized by state statutes to practice the profession of surveying.
TCEQ
means the Texas Commission on Environmental Quality, or successor entity.
Temporary improvements
means the improvements built and maintained by the applicant 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.
Thoroughfare plan
means the city thoroughfare plan, as contained in the comprehensive plan.
Yard
means the open area between building setback lines and lot lines.
Zoning ordinance
means Ordinance No. 409 adopted by the city, as amended from time to time and set forth in chapter 40.
(Ordinance 549, sec. 10.210, adopted 12/22/09; Ordinance 661, sec. II, adopted 3/10/15; Ordinance 690, sec. II, adopted 4/12/16)