Definitions.
For the purpose of this Ordinance, certain words or terms applicable
hereto are defined as hereinafter provided. Words and terms used in
this Ordinance, but not defined in this Ordinance shall have the meanings
ascribed thereto in the Zoning Ordinance of the City. Words and terms
defined in both ordinances shall be read in harmony unless there exists
an irreconcilable conflict, in which case the definition contained
in this Ordinance shall control.
Acreage, Net -
The acreage included within the boundary of a particular
subdivision but excluding all public rights-of-way.
Adequate Public Facilities -
Facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision
as determined by the City and based upon specific levels of service.
Administrative Official -
The City Manager, or the City Manager's designated representative,
authorized to enforce the terms of this Ordinance. The Administrative
Official is also authorized, in the event there is not sufficient
time for either the Planning and Zoning Commission or City Council
review, to approve, approve with conditions or deny any plat referenced
in this Ordinance. Any requirement in these subdivision regulations
for the signature of the Planning and Zoning Commission Chair shall
be replaced with the Administrative Official's signature when the
Administrative Official has undertaken such actions as authorized
in these subdivision regulations.
Alley -
A public or private right-of-way which affords a secondary
means of vehicular access to the back or side of properties otherwise
abutting a street, and which may be used for public utility purposes.
Applicant -
The owner of land proposed to be subdivided or the owner’s
authorized representative.
Block -
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shore
lines of waterways, or boundary lines of municipalities.
Bond -
Any form of security, other than a cash deposit, to be used
as surety or as a guarantee in an amount and form satisfactory to
the City that ensures performance of an obligation.
Build -
To erect, convert, enlarge, reconstruct, restore, or alter
a building or structure.
Building -
Any structure which is built for the support, shelter or
enclosure of persons, animals, chattels, or moveable property of any
kind.
Building, Line -
A line, generally parallel to a lot line or street right-of-way,
located the required distance to provide the minimum yards established
by the Zoning Ordinance, as amended, to limit the area in which buildings
are permitted.
Building, Main -
A building in which the principal use of the lot on which
it is situated is conducted. In a residential district, any dwelling
shall be deemed to be a main building on the lot on which it is situated.
City -
The City of Joshua, Texas.
City Engineer -
A person appointed to serve as City Engineer or authorized
to act in such capacity.
Comprehensive Plan -
A series of planning documents intended to guide the growth
and development of the City and its adjoining areas including, but
not limited to, the City’s Comprehensive Land Use Plan, Thoroughfare
Plan, Master Water Plan, Master Wastewater Plan, and Parks/Trail Master
Plan.
Cul-De-Sac -
That street or part of a street having one common entry and
exit and no other entry and/or exit.
Curvilinear Design -
Any street segment which is designed with a degree of curvature
not less than 3º 30' and not greater than 22º 55', and which
shall offset a minimum distance of thirty feet (30'), said offset
being measured perpendicular to the initial tangent line of the curve.
Developer -
The owner of land proposed to be subdivided or developed,
or the developer’s representative. A subdivider is a developer.
Developer’s Agreement -
A written agreement from a developer to the City to perform
certain activities related to the development.
Development -
Any activity that requires the submission of a plat or the
securing of a building permit, or any manmade change to real estate,
including, but not limited to, construction of a building or structure,
mining, dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment or materials. A subdivision is a development.
Easement -
A grant of one or more of the property rights by the property
owner to; and/or for; the use by the public, a corporation, or another
person.
Easement, Common Access -
An easement intended to provide shared access to and from
a development. It may be public or private.
Easement, Drainage -
(Abbreviated D.E., typically D. + U.E. when combined with
utility easements) an easement for the purpose of the overland or
underground transfer of stormwater.
Easement, Emergency Access -
An easement for the purpose of ingress, egress, access, and
passage to and across private property for police, fire and other
governmental vehicles and personnel.
Easement, Maintenance and Access -
An easement for the purpose of accessing and maintaining
private structures located adjacent to a common lot line, typically
used along the “zero lot line” property lines within a
subdivision.
Easement, Private -
An easement granted by a property owner to a specified person,
group of persons or entity in, on, across, over, or under property
for a specified use or uses.
Easement, Public -
An easement granted by a property owner to the public or
governmental agency in, on, across, over or under property for a specified
public use or uses.
Easement, Screening -
An easement granted by a property owner to a homeowners’
or property owners’ association for the construction and perpetual
maintenance of a screening device along the perimeter of a subdivision.
Easement, Utility -
An easement granted by a property owner to a utility for
the installation, maintenance, and operation of water, sewer, electric,
telephone, cable, gas, and other similar utilities.
Engineer -
A person who has been licensed and registered by the Texas
State Board of Registration for Professional Engineers to engage in
the practice of engineering in this state and listed in State Records
as “Civil.”
Escrow -
Money placed in the possession of the City to guarantee the
performance of an obligation.
Exaction Requirement -
A requirement imposed as a condition of approval for a plat
or other permit to accomplish the following:
1.
Dedicate an interest in land for a public works improvement;
2.
Construct a public works improvement; or
3.
Pay a fee in lieu of constructing a public works improvement.
Exception -
Relief from a requirement granted by the Planning and Zoning
Commission.
Extraterritorial Jurisdiction -
The unincorporated area, not a part of any other municipality,
which is contiguous to the corporate limits of the City of Joshua,
the outer boundaries of which are measured from the extremities of
the corporate limits of the City outward for such distances as prescribed
in Chapter 42 of the Texas Local Government Code, as amended, according
to the total population of the City and by interlocal agreements with
surrounding cities.
Feeder Line -
an electrical line that emanates from an electrical substation
or hub for distribution throughout a local area.
FEMA -
The Federal Emergency Management Agency tasked with floodplain
management and administers the National Flood Insurance Program.
Filing Date -
The Filing Date means the date a preliminary plat, replat
or final plat, along with a completed application and applicable fees,
and other requirements as prescribed by or under Texas Local Government
Code § 212.004, as amended, are submitted to the City.
Floodway -
The channel of a watercourse and the adjacent floodplain
that must be reserved to convey the base flood without cumulatively
increasing the base flood elevation more than a designated height.
Floodplain -
Any land area inundated by the base flood as determined by
FEMA.
Frontage -
That side of a lot, parcel, or tract abutting a street right-of-way
and ordinarily regarded as the frontal orientation of the lot.
Johnson County Special Utility District or District: The
Johnson County Special Utility District (JCSUD).
Lateral Line -
An electrical line that emanates from a feeder line and is
used for distribution to smaller areas of consumers and is usually
connected to a feeder line through a sectionalizing device such as
a fuse or disconnection switch.
Local Residential or Minor Street -
A public thoroughfare which is intended primarily to serve
as access to residential property within a neighborhood interior or
limited residential district and is not aligned or located to attract
other than limited local traffic movements.
Lot -
A parcel of land whose boundaries have been established by
a recorded plat which is recognized as a separate legal entity for
transfer of title.
Marker -
A permanent iron rod generally used on lot corners, points
of curvature and tangency.
Modification -
Permission granted by the City for a change to a requirement.
Monument -
A permanent concrete survey monument generally used on subdivision
property corners adjacent to public.
Off-Site -
Any premises not located within the area of the property
to be platted.
Owner -
A person who has a fee simple title in land, or a person
acting on behalf of or through authority granted by the owner.
Person -
Any individual or group of individuals, general or limited
partnership, joint venture, unincorporated association, any corporation,
or governmental or quasi-governmental entity.
Plan for Development -
A plan outlining the proposed use(s) of a tract or tracts
of land, which provides the City fair notice of the intended project
and the nature of the permit sought. It includes an application for
approval of a plat or an application for approval of a zoning change
or site plan which contains, at a minimum, a graphic depiction or
sketch of the tract and describes the proposed uses of land and their
location within the tract(s) and the general layout of streets and
parks or other open spaces. It does not include any information or
exhibit presented to (1) City staff for the purpose of seeking information
regarding the applicable regulations or (2) the Planning and Zoning
Commission or City Council unless the information or exhibit is required
to be submitted with the permit application.
Plan View -
A two dimensional drawing showing the location and size of
proposed improvements and appurtenances.
Plat -
A plan or map of a subdivision of land showing all the essential
dimensions and other information essential to comply with the plat
standards of this Ordinance. A plat may be a preliminary plat, final
plat, replat, amending plat, minor plat or development plat.
Plat, Amending -
A plat which meets the requirements as set forth in Section
212.016, as amended, of the Texas Local Government Code.
Plat, Final -
A plat which substantially conforms to the approved preliminary
plat if required, and contains all or a portion of the property within
the boundary shown on an approved preliminary plat. A final plat as
referred to in this Ordinance may also refer to replats, amending
plats, and minor plats.
Plat, Minor -
A plat which includes four or fewer lots and where each lot
fronts an existing street, and that does not require the creation
of any new street or any public improvements.
Plat, Preliminary -
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Commission for approval.
Plat, Vacation -
A plat to dissolve property lines, easement, and rights-of-way
that meets the requirements as set forth in Section 212.013 of the
Texas Local Government Code, as amended.
Public Facilities System -
With respect to water, sanitary sewer, roadway, drainage
or parks, the facilities owned or operated by or on behalf of the
City to provide services to the public, including those facilities
in existing and new developments and subdivisions. The public facilities
system includes improvements to roads owned by the County or the State
to the extent such improvements are necessitated by and attributable
to a proposed development or subdivision.
Replat -
A plat which revises currently platted lots or combines platted
and unplatted property.
Residential Subdivision -
A subdivision developed primarily for residential uses as
enumerated in the City’s Zoning Ordinance.
Retaining Wall -
A structure constructed and erected between lands of different
elevations to protect structures and/or prevent erosion by retaining
or restraining lateral forces of soil or other materials.
Right-of-Way -
(Abbreviated as ROW) Land conveyed by plat, or other legal
instrument, to the public ownership and use for roadways, utilities
and other public improvements. Land dedicated as right-of-way is owned
by the City, whereas land dedicated by easement is owned by the land
owner with a right of use given to the City.
Roadway -
The traveled portion of a street upon which vehicles traverse
and circulate, which includes the area from back-to-back of the outer
curb lines, or where curbs do not exist, said roadway includes the
traveled area from the outer edges of the surfaced and prepared portion
of the roadway, excluding shoulders, etc.
Service Line -
An electrical line which supplies electricity to a customer’s
service entrance.
Street -
All property which is contained within fixed boundaries commonly
referred to as right-of-way (ROW) lines, for the primary purpose of
vehicular movement and circulation, and in which traveled roadways
exist, along with various service utilities and sidewalks for pedestrian
circulation.
Street, Arterial, Minor -
A through-street designed to connect primary arterials and
provide system continuity. These roadways typically are designed with
four (4) lanes and may be divided or undivided. Spaced at one mile
intervals, they define the limits of a neighborhood. They are designed
to carry traffic volumes of 10,000 to 15,000 vehicles per day
Street, Arterial, Primary -
A through street designed to serve major traffic movements
through the City by carrying large volumes of traffic across or through
the City as efficiently as possible. These roadways typically are
continuous in length, connect with freeways, and serve major traffic
generators. They are designed to have four (4) to six (6) lanes and
carry between 10,000 and 40,000 vehicles per day.
Street, Internal -
A street whose entire length and width is contained within
a development. Local streets and residential streets typically are
considered internal streets.
Street, Local -
A street that provides access to residential property and
feeds the collector street system. These roadways typically are designed
with two (2) lanes and carry traffic volumes of fewer than 1,000 vehicles
per day. They are designed to either allow dispersal of local traffic
or discourage through-traffic using curvilinear design, incorporations
of loops and cul-de-sacs, or both.
Street, Perimeter -
A street which abuts a development or one whose width lies
partly within a development and partly without.
Street, Private -
A street that is privately owned and maintained and that
is not dedicated to the public for general use and maintenance.
Subdivide -
The act or process of creating a subdivision.
Subdivider -
A person who subdivides or seeks to subdivide land into two
or more lots.
Subdivision -
The division of a tract or parcel of land situated within
the City or the City’s extraterritorial jurisdiction into two
or more parts for the purpose of sale, lease, or development. A division
of a tract includes a division regardless of whether it is made by
using a metes and bounds description in a deed of conveyance or a
contract for a deed, by using a contract of sale or other executory
contract to convey, or by using any other method. A subdivision includes
a replat and a one-lot subdivision of a tract which has not been previously
platted. A division of land into parts greater than five acres, where
each part has access and no public improvement is being dedicated,
shall not constitute the subdivision of land.
Subdivision, Exempt -
A division of land that is not under any obligation to meet
the requirements of this ordinance.
Surveyor -
A person registered by the Texas Board of Land Surveying
as a registered professional surveyor or licensed professional land
surveyor.
System-Related Facility -
A public works improvement or expansion that is for the use
or benefit of the overall water, sanitary sewer, roadway, drainage,
or park facilities systems, as applicable. A system-related facility
has capacity larger than needed to serve a single new development
and exceeds the minimum standards required. A system-related facility
may include a public works improvement that is reflected in the capital
improvement plan or the Comprehensive Plan. A system-related facility
may be located off-site, within the development site, or on the perimeter
of the development site.
Thoroughfare Plan -
The master plan of major and secondary streets and highways
which is a part of the City’s Comprehensive Plan and adaptations,
amendments or supplements thereto as adopted by the City Council.
Tract -
All contiguous property belonging to the same owner.
Transmission Line -
An electrical line operated at a nominal voltage of 60,000
volts or higher that brings electricity from a generating plant to
an electrical substation.
Utility -
A company providing electrical, telephone, cable television,
or cable- or wire-based data transmission services within the City.
Utility Provider -
An entity that provides a public or private utility or service
to the general public, including but not necessarily limited to a
municipal water, wastewater or drainage utility, electric company,
telephone company, natural gas company and a cable television provider.
Waiver --
Permission granted by the City to eliminate a requirement.
Zoning Ordinance -
Chapter
14 of the Code of Ordinances, as amended, the Comprehensive Zoning Ordinance of the City of Joshua.