The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Forney, Texas, also known and cited as the “Forney Subdivision Ordinance,” and shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate City limits of the City of Forney, as they may be from time to time adjusted by annexation or disannexation, and within all the areas of the extraterritorial jurisdiction of the City of Forney, as that area may exist from time to time as provided by Chapter 42 of the Texas Local Government Code. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction.

(Ordinance 1012 adopted 7/20/00)

In the interpretation and application of the provisions of these regulations, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Forney and its extraterritorial jurisdiction, and repealing the previous Subdivision Ordinance (Chapter 9, Code of Ordinances, as adopted and as amended) in its entirety.

The subdivision of land is the first step in the process of urban development. The distribution and relationship of residential, commercial, industrial 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 which 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 designed and intended to encourage the development of a quality urban 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. Through the application of these regulations, the interests of the public, as well as those public and private parties, both present and future, having interest in property affected by these regulations, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this Ordinance further the possibility that land will be developed for its most beneficial use in accordance with existing social, economic and environmental conditions.

The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Forney, Texas are intended to:

Promote the development and the utilization of land in a manner that assures the best possible community environment in accordance with the Comprehensive Plan and the Zoning Ordinance of the City of Forney;

Guide and assist the developers in the correct procedures to be followed, and to inform them of the standards which shall be required;

Protect the public interest by supervising the location, design, class and type of streets, sidewalks, utilities and essential areas and services required;

Assist orderly, efficient and coordinated development within the City limits and extraterritorial jurisdiction;

Provide neighborhood conservation and prevent the development of slums and blight;

Harmoniously relate the development of various tracts of land to the existing community, and facilitate the future development of adjoining tracts;

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 Ordinance;

Provide the best possible design for each tract being subdivided;

Provide the most attractive relationship between the uses of land and buildings; provide for the circulation of traffic throughout the municipality, 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;

Prevent pollution of the air, streams and ponds; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies; 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;

Preserve the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features;

Establish adequate and accurate records of land subdivision;

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;

Protect and provide for the public health, safety and general welfare of the community;

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;

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;

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;

Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities and other public amenities and facilities; and

Encourage the development of a stable, prospering economic environment.

Minimum standards for development are contained in the City’s Engineering Design Standards (EDS), related technical standards, the Zoning Ordinance, the Building Code and in this Ordinance. However, the Comprehensive Plan and Future Land Use Plan express policies designed to achieve an optimum quality of development in the urban area. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous urban setting. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein.

(Ordinance 1012 adopted 7/20/00)

§ 1.3 Application of Regulations.

1.3

No subdivision plat shall be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with the Subdivision Ordinance. Furthermore, 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:

A final plat has been approved in accordance with these regulations; and

All improvements, as required by these regulations, have been constructed and accepted by the City of Forney; or

Assurances for completion of improvements have been provided in accordance with Section 6.

(Ordinance 1012 adopted 7/20/00)

§ 1.4 Jurisdiction.

1.4

The provisions of this Subdivision Ordinance, as authorized by Subchapters A and B of Chapter 212 of the Texas Local Government Code, including the Engineering Design Standards (EDS), shall apply to the following forms of land subdivision and development activity within the City’s limits and its extraterritorial jurisdiction:

The division of land into two or more tracts, lots, sites or parcels; or

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 Kaufman County, Texas and which subsequently came within the jurisdiction of the City’s subdivision regulations through:

Annexation; or

Extension of the City’s extraterritorial jurisdiction; or

The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or

When a building permit is required for the following uses:

Residential Single-Family and Duplex.

(a)

New construction;

(b)

Moving of a primary structure onto vacant property.

Nonresidential and Multifamily.

(a)

New construction;

(b)

Additions (increasing square footage of existing building by more than twenty percent (20%) of the gross floor area); or

(c)

Moving a primary structure onto vacant property; or

For tracts where any Public improvements are proposed; or

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 Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) 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 Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.7 of this Ordinance for requirements for development plats.)

(Ordinance 1012 adopted 7/20/00)

§ 1.5 Exemptions.

1.5

The provisions of this Subdivision Ordinance shall not apply to:

Development of land legally platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein (construction of facilities shall conform to construction standards in effect at the time of construction) and for which no resubdivision is sought; or

Development of a lot of record for which a legally approved and recorded plat was filed of record in the Plat Records of Kaufman County, Texas prior to July, 1973; or

Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, subdivision or alteration is occurring; or

Existing cemeteries complying with all State and local laws and regulations (does not apply to new cemeteries or expansion of existing cemeteries); or

Divisions of land created by order of a court of competent jurisdiction; or

When a building permit is requested for unplatted or already platted parcels for the following activities:

Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage of the original structure;

Additions (i.e., increasing square footage of structure) of not over fifty percent (50%) of the existing structure’s value, and of not over twenty percent (20%) of the gross floor area;

Accessory buildings;

Remodeling or repair (i.e., no expansion of square footage);

Moving a structure off a lot or parcel, or for demolition permits.

(Ordinance 1012 adopted 7/20/00)

§ 1.6 Applicable Law.

1.6

All applications for plat approval, including final plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance.

(Ordinance 1012 adopted 7/20/00)

§ 1.7 Interpretation; Conflict; Severability.

1.7

Interpretation.

In their interpretation and application, the provisions of the regulations contained in the Subdivision Ordinance 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.

Conflict With Other Laws.

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 these regulations. To the extent that the Subdivision Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the regulations contained within the Subdivision Ordinance shall supersede such other provisions to the extent of any conflict or inconsistency.

Severability.

If any part or provision of the Subdivision Ordinance, or the application of these regulations to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.

(Ordinance 1012 adopted 7/20/00)

§ 1.8 Saving Provision.

This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of the Subdivision Ordinance, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided in these regulations.

(Ordinance 1012 adopted 7/20/00)

§ 1.9 Superseding Regulations.

1.9

Upon adoption of the Subdivision Ordinance according to law, all other subdivision regulations of the City of Forney previously in effect are hereby repealed, except as provided in Sections 1.6 and 1.7.

(Ordinance 1012 adopted 7/20/00)

§ 1.10 Amendments.

1.10

For the purpose of protecting the public health, safety and general welfare, the Planning and Zoning Commission and/or City Council may from time to time propose amendments to these regulations which shall then be approved or disapproved by the City Council at a public meeting, and which shall then be amended through adoption of an amending ordinance following due process and public hearing.

(Ordinance 1012 adopted 7/20/00)

§ 1.11 Waivers/Suspensions.

1.11

General.

Where the City Council finds that unreasonable hardships or difficulties may result from strict compliance with a certain provision(s) of the Subdivision Ordinance, and/or where the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve a waiver/suspension from portions of these regulations so that substantial justice may be done and the public interest is secured, provided that the waiver/suspension shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the City Council shall not approve a waiver/suspension unless it shall make findings based upon the evidence presented to it in each specific case that:

Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property;

The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property;

Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan, Future Land Use Plan, Thoroughfare Plan, and other adopted plans, except that those documents may be amended in the manner prescribed by law;

An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein.

Criteria for Waivers/Suspensions From Development Exactions.

Where the City Council finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, it may approve a waiver/suspension to such requirements, so as to prevent such excess.

Conditions.

In approving a waiver/suspension, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.

Procedures:

A petition for a waiver/suspension shall be submitted in writing by the property owner at the time when any type of plat (e.g., preliminary, final, replat, development plat, etc.) is filed for the consideration of the Planning and Zoning Commission and City Council. The petition shall state fully the grounds for the application, and all of the facts relied upon by the petitioner.

Where a hardship is identified in a land study which will result in a request for a waiver/suspension, the Planning and Zoning Commission may recommend a conditional waiver/suspension in conjunction with land study approval. A conditional waiver/suspension shall receive final approval along with a final plat provided that the final plat conforms to the previously approved land study or preliminary plat, and that no new information or reasonable alternative plan exists which, at the determination of the City Council, voids the need for a waiver/suspension. All waivers/suspensions shall have final approval or disapproval by the City Council.

Criteria for Waivers/Suspensions for Street Exactions.

Where the City Council finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds reasonable benefit to the property to be platted, it may approve waivers/suspensions for such requirements so as to prevent such excess. In order to qualify for a waiver/suspension under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and/or construction for non-local streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property, including that which may be generated by or attributed to other phases to be platted.

(Ordinance 1012 adopted 7/20/00)

§ 1.12 Enforcement; Violations; Penalties.

1.12

In addition to all other remedies and relief available to the City at law or in equity for a violation of this Subdivision Ordinance, the following non-exclusive forms of relief shall be available to the City:

Violations and Penalties.

Any person who violates any of these regulations for lands within the corporate boundaries of the City shall be subject to a fine of not more than five hundred dollars ($500.00) per day, with each day constituting a separate violation, pursuant to the Texas Local Government Code, Chapter 54, as amended.

Civil Enforcement.

Appropriate civil actions and proceedings may be maintained in law or in equity to prevent unlawful construction, to recover damages, to impose additional penalties, to restrain, correct or abate a violation of these regulations, whether such violation occurs with respect to lands within the corporate boundaries of the City or within the City’s extraterritorial jurisdiction. These remedies shall be in addition to the penalties described above.

Withholding of Subdivision Acceptance.

Pursuant to the provisions of Section VI, Requirements for Acceptance of Subdivisions by the City of Forney, the City may refuse to grant final acceptance of a subdivision that does not fully and completely comply with all terms and conditions of this Subdivision Ordinance including but not limited to the refusal to issue building permits and certificates of occupancy.

(Ordinance 1012 adopted 7/20/00)

§ 1.13 Payment of All Indebtedness Attributable to a Specific Property.

1.13

No person who owes delinquent taxes, delinquent paving assessments or any other delinquent debts or obligations to the City of Forney, 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 and/or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City Manager (or designee) 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 and/or obligations have been paid at the time of application for any subdivision approval (i.e., land study or any type of plat).

(Ordinance 1012 adopted 7/20/00)

§ 1.14 Right to Deny Hearing and/or Plat.

1.14

The City shall have the right to deny a hearing and/or deny any land study or plat if the person or applicant proposing a subdivision of land does not submit the information required to be shown on a land study/plat and the required application materials and fees (see Appendix B on file in the office of the City Secretary) as prescribed by this and other ordinances.

(Ordinance 1012 adopted 7/20/00)

§ 1.15 Misrepresentation of Facts Unlawful.

1.15

Misrepresentation of Facts.

It shall be unlawful for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance on any application for annexation, zoning, development or subdivision of property. Misrepresentation, or deliberate omission, of facts pertaining to the land study or plat shall constitute grounds for denial of the land study/plat.

Penalties and Exceptions.

If any applicant for such hearing, or any owner of property subject to such hearing, shall allow such hearing before the Planning and Zoning Commission and/or the City Council to be heard in violation of any of the provisions of the Ordinance, such person shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty as per Section 1.12.

(Ordinance 1012 adopted 7/20/00)

§ 1.16 Definitions.

1.16

For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory, while the word "may" is merely directory.

Administrative Officers. Any office referred to in this Ordinance by title (i.e., City Manager, City Attorney, City Secretary, Building Official, City Engineer, Director of Public Works, etc.), shall be the person so retained in this position by the City, or his duly authorized representative (i.e., designee). This definition shall also include engineering, planning, legal and/or other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City.

Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. The length of an alley segment is to be measured from the right-of-way lines (i.e., alley entrance points) of the streets from which the alley is provided access (including any turnouts).

Amended Plat. A revised plat correcting errors or making minor changes to the original recorded final plat. Also termed "amending plat."

Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this Ordinance.

Approval. Approval shall mean the following:

Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the application is in compliance with the minimum provisions of this ordinance.

Such approval does not constitute approval of the engineering or surveying containing in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

For purposes of plat approval, approval shall also include approval with conditions, pursuant to section 212.009 of the Texas Local Government Code, as amended.

Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

Block Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection center point of one through street (i.e., not a cul-de-sac or dead-end/looped street) to the intersecting center point of another; or to the midpoint of a cul-de-sac. Also termed "street length."

Bond. Any form of a surety bond in an amount and form satisfactory to the City.

Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street (or property) line.

Capital Improvements Program (CIP). The official proposed schedule of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council.

City. The City of Forney, Kaufman County, Texas, together with all its governing and operating bodies.

City Council. The duly elected governing body of the City of Forney, Kaufman County, Texas.

City Engineer. "City Engineer" shall apply only to such registered professional engineer, or firm of registered professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters.

City Manager. The person holding the position of City Manager, as appointed by the City Council and according to the City Charter.

Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council and the City Planning and Zoning Commission, including all its revisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water/wastewater facilities, and other public and private developments and improvements.

Concept Plan. A sketch drawing of initial development ideas superimposed upon a topographic map to indicate generally the plan of development, and to serve as a working base for noting and incorporating suggestions of the City Manager (or designee), Planning and Zoning Commission, City Engineer or others who are consulted prior to the preparation of the preliminary plat.

Construction Plans or Drawings. The maps or drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision or addition in accordance with the requirements of the City as a condition of approval of the plat.

Contiguous. Lots are contiguous when at least one boundary line of one lot touches a boundary line, or lines, of another lot.

Cul-De-Sac. A street having only one outlet to another street and terminated on the opposite end by a vehicular turnaround ("bulb"). The length of a cul-de-sac is to be measured from the intersection center point of the adjoining through street to the midpoint of the cul-de-sac bulb.

Dead-End Street. A street, other than a cul-de-sac, with only one outlet.

Easement. The word "easement" shall mean an area for restricted use on private property upon which the City and/or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and/or other improvements or growths which in any way endanger or interfere with the construction, maintenance and/or efficiency of its respective systems within said easements. Public utilities shall at all times have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone.

EDS. The City of Forney's Engineering Design Standards for the construction of subdivision improvements. (See Appendix A of this Ordinance on file in the office of the City Secretary.)

Engineering Design Standards (EDS). Those standards and specifications established by the City to ensure proper installation of the improvements required by this Ordinance. (See Appendix A of this Ordinance on file in the office of the City Secretary.)

Escrow. A deposit of cash with the City in accordance with City policies.

Filed or filing. The filing date of a preliminary plat, replat, or final plat shall be considered the date an applicant submits said plat, along with a completed application and applicable fees, and other requirements prescribed by or under Texas Local Government Code § 212.004, as amended.

Final Plat (also "Record Plat" or "File Plat"). The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. The final plat of any lot, tract or parcel of land shall be recorded in the records of Kaufman County, Texas. An amended plat is also a final plat.

aa.

Improvement or Developer Agreement. A contract entered into by the developer and the City, by which the developer promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval.

bb.

Land Study. A general layout plan for an area proposed for partial or complete subdivision. The land study shall show the proposed locations of land uses, streets, phasing of development, important physical features and other applicable information for the entire area to be subdivided.

cc.

Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, and/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).

dd.

Lot (also Lot of Record). A divided or undivided tract or parcel of land having frontage on a public street, and which is or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

ee.

Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) 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.

ff.

Minor Plat. A subdivision resulting in four (4) or fewer lots, provided that the plat is for conveyance purposes only (i.e., sale of the property with no development/construction proposed), that the plat does not create any new easements for public facilities, or that the construction/development of said subdivision will not require the construction of any new street (or portion thereof) or the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services. If the development of any lot within the proposed subdivision will require the construction of a new street (or portion thereof) or a public improvement (e.g., water or sewer line, drainage facility, required screening wall, etc.), then the plat shall be classified as a major plat.

gg.

On-Site Facilities or Improvements. "On-site" shall mean those existing or proposed facilities or improvements constructed within the property boundaries of the plat. "On-site" shall also mean those existing or proposed facilities required to be constructed or improved immediately adjacent to the property and which are required to serve the development. These include streets, alleys, water lines, sewer lines, storm drainage facilities, curbs and gutters and any other construction or reconstruction needed to serve the property.

hh.

Off-Site Facilities or Improvements. "Off-site" facilities shall mean 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.

ii.

Overlength Street (or Cul-De-Sac or Alley). A street segment (or a cul-de-sac or alley segment) which exceeds the maximum length allowed by this Ordinance (see Section 3.1), as measured along the centerline of the street from the intersection center point of one through street (i.e., not a cul-de-sac or dead-end/looped street) to the intersecting center point of another (or to the midpoint of a cul-de-sac, or for an alley segment, to the right-of-way lines (i.e., alley entrance points) of the streets from which the alley is provided access, including turnouts).

jj.

Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb.

kk.

Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted.

ll.

Person. Any individual, association, firm, corporation, governmental agency or political subdivision.

mm.

Plan. A Plan shall have the same meaning as a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan.

nn.

Planning and Zoning Commission or "Commission". The Planning and Zoning Commission of the City of Forney, Texas, whose membership is appointed by the City Council.

oo.

Plat. A map, generally of a subdivision, showing the location, boundaries and ownership of individual properties. Includes a preliminary plat, final plat, and replat.

pp.

Preliminary Plat. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, shown by superimposing a scale drawing of the proposed land division upon a topographic map and showing in plain view all existing and proposed drainage features and facilities, street layout, direction of curb flow and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development.

qq.

Replatting. "Replatting" (or to "replat") is the resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.

rr.

Right-of-Way. A parcel of land occupied or intended to be occupied by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and/or gas facilities; water or sanitary/storm sewer facilities; or for 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 shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels.

ss.

Street. A right-of-way, however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

Major thoroughfares (arterial streets, primary thoroughfares, etc.) provide vehicular movement from one neighborhood to another, to distant points within the urban area, and/or to freeways or highways leading to other communities.

Collector streets ("feeder" streets, secondary thoroughfares, etc.) provide vehicular circulation within neighborhoods and from local streets to major thoroughfares.

Local residential streets (minor thoroughfares or streets, etc.) are primarily for providing direct vehicular access to abutting residential property.

tt.

Street improvements. For the purpose of this Ordinance "street improvements" mean 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, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation.

uu.

Street Right-of-Way. The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street.

vv.

Subdivider. Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner, such as a developer of land sought to be subdivided.

ww.

Subdivision or "Addition". A division of any tract or parcel of land into two (2) or more lots for the purpose, whether immediate or future, of sale or building development, expressly excluding development for agricultural purposes. "Subdivision shall also include replat of an existing subdivision together with any change of lot size therein or with the relocation of any street.

xx.

Substandard Street. An existing street or road that does not meet the minimum specifications in the Standard Street Specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. A standard street is a street or road that meets or exceeds said standard specifications and its designation on the City's Thoroughfare Plan.

yy.

Surveyor. A licensed land surveyor or a registered public surveyor as authorized by State statutes to practice the profession of surveying.

zz.

Temporary Improvements. Improvements built and maintained by the property owner or subdivider that are needed to remedy a circumstance that is temporary in nature (e.g., a temporary drainage easement or erosion control device), and that will be removed upon completion of the subdivision or shortly thereafter (i.e., is not intended to be permanent).

(Ordinance 19-58 adopted 12/17/19; Ordinance 24-23 adopted 5/7/2024)