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.
Additionmeans 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 officersmeans 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.
Alleymeans 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 platmeans a revised plat correcting errors or making minor changes to the original recorded final plat.
Amenitymeans 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.
Applicantmeans 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.
Applicationmeans a written request for an approval required by this chapter.
Base floodmeans 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.
Bondmeans any form of a surety bond in an amount and form satisfactory to the city.
Building codemeans 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 officialmeans 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 linemeans 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.
Citymeans the City of Granite Shoals, Texas, including its extraterritorial jurisdiction.
City attorneyapplies only to such attorney, or firm of attorneys, that has been specifically employed by the city to assist in legal matters.
City engineerapplies 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 managermeans 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 plannerapplies 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.
Commissionmeans the planning and zoning commission of the city.
Comprehensive planmeans 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 drawingsmeans 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.
Contiguousmeans 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-sacmeans 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 streetmeans 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 platmeans 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.
Easementmeans the grant of one or more property rights by a property owner to another person or entity.
ETJmeans the extraterritorial jurisdiction of the city as defined by state law.
Fair noticemeans 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 documentationmeans 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 areameans 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 platmeans 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 lotmeans 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 bodymeans the duly elected or appointed mayor and the city council.
Land plannermeans 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).
LCRAmeans the Lower Colorado River Authority, or successor entity.
Licensed professional engineermeans 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 recordmeans 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 platmeans 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 platmeans 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.
Nonpoint source (NPS) pollution control regulationsmeans 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 improvementsmeans 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 improvementsmeans 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 rulesmeans 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 streetmeans 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 widthmeans 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 streetmeans any existing or planned street which abuts the subdivision or addition to be platted.
Permitmeans 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.
Platmeans a preliminary plat, final plat, development plat, amended plat or replat, as determined by the context.
Preliminary platmeans 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 streetmeans 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.
Projectmeans 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 developermeans 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 improvementsmeans 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 agencymeans 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 replatmeans the resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.
Right-of-waymeans 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 streetmeans 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.
Streetmeans 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 improvementsmeans 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.
Subdivision or additionmeans 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 streetmeans 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.
Surveyormeans a licensed land surveyor or a registered public surveyor, as authorized by state statutes to practice the profession of surveying.
TCEQmeans the Texas Commission on Environmental Quality, or successor entity.
Temporary improvementsmeans 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 planmeans the city thoroughfare plan, as contained in the comprehensive plan.
Yardmeans the open area between building setback lines and lot lines.
Zoning ordinancemeans 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)