The following words, terms and phrases, when used in these subdivision
regulations, shall have the meanings ascribed to them below, except
where the context clearly indicates a different meaning:
Relinquish the public interest, claim, or title to a public
right-of-way, easement, public way, or other public property.
Ingress and egress between the site and a paved public street,
private street, or approved access easement.
One or more lots, tracts or parcels of land created for the
purpose of development. Refer also to “Subdivision” and
“Plat.”
It is the policy of the city that every development and subdivision
shall be served by the applicable and appropriate public facilities
(e.g., water, sanitary sewer, roads, access, drainage facilities,
parks, and public safety), as determined by the city manager or designee
(city engineer).
Any office referred to in these subdivision regulations shall
be the person so retained in this position by the city, or his duly
authorized representative. This definition shall also include engineering,
planning and other consultants retained by the city to supplement
or support existing city staff, as deemed appropriate.
Building official.
The officer or designated authority charged with the administration
and enforcement of the building codes.
City attorney.
The attorney, or firm of attorneys, that has been specifically
employed by the city to assist in legal matters. This term shall also
apply if the city retains a person to perform the functions of city
attorney as an official city employee.
City engineer.
The registered professional engineer or firm of registered
professional consulting engineers that has been specifically employed
by the city to perform engineering review, design and related activities.
The city engineer is also the designated floodplain administrator.
City manager.
The person or authorized representative/designee holding
the position of the chief executive officer, as appointed by the city
council, under the terms of the city charter.
Planning and zoning administrator.
The 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. This term shall also apply
if the city retains a person to perform the functions of city planner
as an official city employee.
City secretary.
The person or authorized representative holding the office
of city secretary under the terms of the city charter.
Director of building development.
The person designated by the city manager to oversee the
subdivision review process, gather all staff comments and recommendations,
and convey said recommendations to the commission, council and other
departments.
Director of public works.
The person designated by the city manager to oversee compliance
with the city master thoroughfare plan and designate an individual
to be part of the DRC; may also be city engineer.
Any authorized person acting on behalf of the property owner
during the land development process.
Written contractual agreement between the city, the applicant
or developer, and/or other public or private agencies including the
following:
Cross access easement agreement.
A reciprocal contract entered into by adjacent property owners
and/or the city and to be recorded in the county real property records,
by which the property owners agree to shared access and maintenance
of drive approaches and/or parking areas.
Developer agreement.
A contract entered into by the applicant and the city, by
which, among other things, the applicant promises to complete the
required public improvements within the subdivision or addition within
a specified time period following final plat approval.
Review of a decision or act by a higher approving authority
or court of law.
A person or entity that submits a formal application for
an approval required by this chapter. Also, referred to as “developer,”
“subdivider,” or other similar term.
A written request for an approval required by this chapter.
The governing body, appointed commissions, committees and
boards; administrative officers; and/or designees granted with the
power to make land development and subdivision decisions in accordance
with the city charter, city ordinances and regulations, and state
law.
One or more lots, tracts or parcels of land bounded by streets,
railroads, or subdivision boundary lines, or a combination thereof.
Further, it is an area of land enclosed by streets and occupied by
or intended for building.
Block length.
The length of a block shall be considered to be the distance
from property corner to property corner measured along the property
line of the block face:
Block width.
The width of a block shall be considered to be the distance
from property corner to property corner measured along the property
line of the block face between intersecting streets, and shall be
the side with one of the following criteria:
The City of Lake Worth, Texas.
The duly elected governing and legislative body of the City
of Lake Worth, Texas. See also “Governing body” [sic].
See “Design criteria and construction standards.”
After receipt of the appropriate approvals and permits, it
is the initial disturbance of soils associated with land development
including but not limited to clearing, grading, excavating activities,
or other construction activities.
See also [sic], “Planning and zoning commission.”
The general plan of the city, as recommended by the planning
and zoning commission and adopted by the city council, including all
its revisions and plan elements (including, but not limited to, the
future land use plan, thoroughfare plan, parks and open space plan,
etc.). 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. The following plans or documents are
associated with or incorporated into the comprehensive plan.
Future land use plan.
The element of the comprehensive plan that sets the direction
of land use public policy in Lake Worth and intended to depict the
future land use pattern.
Parks master plan.
An element of the comprehensive plan which supports the stated
community vision and depicts the existing parks, recreation areas,
and open space within the municipality and guides the dedication and/or
development of future public parks, recreational facilities and open
space.
Master thoroughfare plan.
(A)
(B)
(C)
(D)
An element of the comprehensive plan which is coordinated
with the future land use plan to guide the provision of the transportation
network to facilitate development and redevelopment objectives. Streets
are typically classified as follows:
Freeways.
A highway intended to move large volumes of traffic around
and across the city without direct access to adjacent land.
Arterial.
A street that interconnects and augments the principal arterial
system with more land access at a lower level of traffic mobility.
Collector street.
Also, known as feeder streets or secondary thoroughfares,
which provide vehicular circulation within neighborhoods, and from
local streets to major thoroughfares. May be continuous through several
neighborhoods. Collects and distributes traffic from local access
streets, as in residential neighborhoods or commercial developments,
to the major arterial network.
Local or residential street.
Local residential streets, also known as minor thoroughfares
or streets, which primarily provide direct vehicular access to abutting
residential property. Internal streets within a neighborhood that
provide access to residential lots and building sites and should be
arranged to discourage most through traffic, except that which is
directly related to the area.
Refer to “Plan, Engineered plans or documents.”
The deliberate appropriation of land by an owner for any
general and public use. The transfer of title to, and responsibility
for, public improvements to the local government from the owner of
a development subject to an improvements and exactions ordinance.
Written agreement which restricts or limits the use or activities
that may take place on a property within a subdivision.
The standards and specifications for the construction of
subdivision improvements. A copy is maintained and available for inspection
at the city hall, and which is incorporated herein by reference.
Refer to “Land development.”
The review body comprised of representatives from city departments
tasked with the oversight of subdivision and land development. The
DRC shall be responsible for reviewing any development proposals,
vacation, plans, plats, preliminary engineering design plans and any
other items deemed necessary which are associated with development.
Also refer to the zoning ordinance. Any building or portion
thereof, which is designed or used as living quarters for one or more
families. The area of a structure set aside for single-family living;
a single-family residence is one dwelling unit; a duplex is two (2)
dwelling units; and each apartment is a separate dwelling unit within
an apartment home complex.
Refer to “Professional engineer.”
A conveyance or monetary deposit to the city to be retained
until the occurrence of a contingency or performance of a condition,
such as construction of public improvements in accordance to the approved
engineering documents.
The date that the appropriate administrative officer determines
that the application satisfies all requirements of these subdivision
regulations and all other applicable ordinances, except for requested
variances, and all applicable fees have been paid.
A decision-making process that aims to reduce flood losses and protection of the natural resources and function within the floodplains. Administered by the city engineer in accordance with article 3.09, Flood Damage Prevention, of the city Code of Ordinances.
A pledge, guarantee, or confidence in the form of an executed
document provided by a surety company or a guarantor to pay one party
(the obligee) a certain amount if a second party (the principal) fails
to meet the terms of the agreement and/or satisfactorily complete
the project. Types of financial guarantee provided for land development
are as follows:
Bond.
A type of surety used by investors in construction projects
to protect against an adverse event that causes disruptions, failure
to complete the project due to insolvency of the builder(s), or the
failure to meet contract specifications. Any form of a surety bond
in an amount and form satisfactory to the city.
Escrow.
A deposit of cash with the city in accordance with city policies.
Letter of credit.
An irrevocable letter of credit on a form acceptable to the
city and approved by the city attorney.
Off-site improvements or facilities.
Existing or proposed facilities or improvements required
for service to the site but not located within the boundaries of the
plat.
On-site improvements or facilities.
Existing or proposed facilities or improvements constructed
within the property boundaries of the plat. These include streets,
water lines, sewer lines, storm drainage, curb and gutter, and any
other construction or reconstruction to serve the property.
Public improvements or facilities.
Existing or proposed facilities constructed to city standards,
dedicated for public use, and maintained by the city.
Any new construction, including any building, structure or
improvement of any nature (residential or nonresidential), or the
enlargement of any external dimension of any building, structure,
or improvement. Any mining, excavation, landfill or land disturbance
is also considered land development.
The purpose or activity, for which a parcel of land, a building
or structure is designed, arranged or intended, or for which it is
occupied or maintained. Refer to the zoning regulations.
A divided or undivided tract or parcel of land having frontage
on a public street and which is or in the future may 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.
Any individual, association, firm, corporation, governmental
agency, political subdivision, partnership, corporation, or other
legal entity authorized by law, its or their successors or assigns,
or the agent of any of the aforesaid.
Development that will occur in phases over time.
The following are documents often referenced when developing
property within the city:
Concept plan.
A sketch drawing of initial development ideas superimposed
on a topographic and/or aerial map to indicate the general plan of
development.
Construction plans or documents.
Refer to “Engineered plans or documents” (below).
Drainage plan.
A general plan for handling the stormwater affecting property
proposed for development. Refer to the design criteria and construction
standards for requirements of the drainage plan, as applicable.
Engineered plans or documents.
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. These drawings are signed
and sealed by a professional engineer.
The planning and zoning commission of the City of Lake Worth,
Texas.
A plan, map or chart of a quantity of land with actual or
proposed features (as lots); the land represented; also, to make a
plat. The following are types of plats associated with the legal creation
of a subdivision of land and/or development on property within the
city limits as established and provided for in this chapter:
Amending plat.
Generally, any plat created for at least one of the purposes
listed in this chapter and, specifically, as described in Texas Local
Government Code section 212.016.
Final plat (a/k/a file or record plat).
A subdivision plat that is presented to the proper review
authority for approval and intended to be recorded with the county
clerk after proper certification. Note: minor plats, short form, amending
plats and replats are also final plats.
Preliminary plat.
An initial plat of the proposed plan for subdividing, improving,
and developing a tract, including supporting data such as topographic
features, existing and proposed drainage features and facilities,
street layout and direction of curb flow, water and wastewater utility
layout, and other pertinent features with notations sufficient to
substantially identify the general scope and detail of the proposed
development. The plat of any lot or lots of record that is not to
be recorded of record but is only a proposed division of land for
review and study by the city.
Replat.
A plat (replat) of all or part of an existing subdivision,
that may be recorded and is controlling over the preceding plat without
vacating that plat in accordance with this chapter and Texas Local
Government Code section 212.014.
Recorded plat.
Any plat that has been duly recorded in the plat records
of Tarrant County.
Subdivision plat.
(A)
(B)
(C)
A plat that divides a tract in two (2) or more parts to:
Lay out a subdivision of the tract, including an addition to
a municipality;
Lay out suburban, building, or other lots; or
Lay out streets, alleys, squares, parks, or other parts of the
tract intended to be dedicated to public use or for the use of purchasers
or owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts.
A division of a tract includes a division regardless of whether
it is made by using metes and bounds description in a deed of conveyance
or in a contract for a deed, by using a contract of sale or other
executory contract to convey, or by using any other method.
Vacating plat.
An instrument (approved and recorded in the same manner as
the original plat) that references a plat, or any part of a plat,
that once executed and recorded causes the referenced plat to have
no effect.
Below are definitions pertaining to the process of platting
property:
Minor platting.
A subdivision of land involving four (4) or fewer lots fronting
on an existing street which does not require the creation of any new
street(s) or the extension of municipal facilities; amending plats;
and certain replats described in Texas Local Government Code section
212.0065. The process includes final short form plat.
Plat approval.
Granted by the appropriate governing body or administrative
officers when the plat document is prepared in accordance to city
standards.
Plat certification.
Executed statement(s) on the face of the plat provides evidence
that the document is prepared, reviewed and approved according to
city standards and state law.
Plat filing.
The term used when an approved and certified plat is recorded
with the county clerk.
A document used to appoint an agent to represent or make
decisions on behalf of another person or organization.
The meeting with city staff required prior to filing any
formal plat applications.
A person who has been duly authorized and licensed under
the provisions of the Texas Engineering Practice Act and/or by the
state board of professional engineers to engage in the practice of
engineering in the State of Texas. Also known as “engineer,”
“registered engineer,” “registered professional
engineer,” or “licensed engineer.”
A person, other than a surveyor or engineer, who also possesses
and can demonstrate a valid proficiency in the planning of residential,
commercial, industrial and other related developments; such a 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 may be
certified by the American Institute of Certified Planners (AICP).
A registered professional land surveyor, as authorized by
the state statutes to practice the profession of surveying.
Also, known as “applicant” or “subdivider”
or “developer.” Any person or firm, association, syndicate,
general or limited partnership, corporation, trust or other legal
entity, 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. In any event, the term “property
owner” shall be restricted to include only the owner(s) or authorized
agent(s) of such owner(s), such as a developer, of land sought to
be subdivided.
The operation and maintenance of water, wastewater, roadway,
drainage or park facilities owned or operated by or in behalf of the
city for the purposes of providing services to the public, including
existing and new developments.
Facilities, infrastructure and other appurtenances built
to city standards, and ultimately owned and maintained by the city.
Public improvements provide a public service (such as wastewater collection
and treatment and water storage and distribution), and which protect
the general health, safety, welfare and convenience of the citizens
of Lake Worth, including efficiency in traffic circulation and access
for emergency services.
A water, wastewater, roadway, drainage or park facility that
is a part of one or more of the city public facilities systems.
An easement located at street intersections to promote visibility
at the intersection.
Land dedicated to the city specifically for development and
use as a public open space and/or recreational area.
An entity that provides an essential commodity or service,
such as electric, gas distribution, and local telephone, and that
is generally under government regulation. A service provided to the
public by either a private or a public agency.
A review of an application for a development permit based
on documents, materials, and reports.
A use of land dedicated by plat or metes and bounds to and
for use by the public and which right-of-way is separate and distinct
from the lots, parcel abutting it, and not included within the dimensions
or areas of such lots or parcels. The following are types of rights-of-way
and/or design standards that may be established/associated with the
creation of a subdivision:
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.
Public street.
A public right-of-way, however designated, designed to city
standards and maintained by the city, which provides vehicular access
to adjacent land and in accordance with the thoroughfare plan.
Street improvements.
This 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 curbs and
gutters, walkways (sidewalks), drainage facilities to be situated
in the right-of-way for such street or thoroughfare, traffic-control
devices, streetlights and street signs, for which facilities the city
will ultimately assume the responsibility for maintenance and operation.
Also, referred to as “parkway.”
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.
A term used to describe the nature and extent of required
public improvements or facilities corresponding to the scale and type
of proposed development; the portion of costs of a public improvement.
The word “shall,” wherever used in this chapter,
will be interpreted in its mandatory sense; the word “may”
shall be interpreted as permissive.
A way for vehicular traffic, whether designated as a street,
highway, road, avenue, boulevard, lane, place or other name. “Street”
does not include a path or an alley. The design of streets within
a development or improved with redevelopment shall comply with the
approved master thoroughfare plan. See also “Plan” [Comprehensive
plan], “Master thoroughfare plan.”
Access or frontage road.
A street or road that provides access to adjacent properties
along a freeway or expressway.
Approach street.
A new or existing street not adjacent to a subdivision being
developed but which provides access or improved access to such subdivision.
Cul-de-sac.
A street having but one outlet to another street and terminated
on the opposite end by a vehicular turnaround.
Dead-end street.
A street, other than a cul-de-sac, with only one outlet.
Street width.
The portion of the right-of-way constructed and designated
for vehicular traffic. The shortest distance between the opposite
edges of a paved surface or where curbs exist, the distance measured
from face of curb to face of curb.
Standard street.
A standard street is a street or road that meets or exceeds
the minimum street improvements. This 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 curbs and gutters, walkways (sidewalks), drainage facilities to
be situated in the right-of-way for such street or thoroughfare, traffic-control
devices, streetlights and street signs, for which facilities the city
will ultimately assume the responsibility for maintenance and operation.
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.
Refer to “Addition.” A division or redivision
of any tract of land situated within the corporate limits for the
purpose of transfer of ownership, layout of any subdivision of any
tract of land or any addition, or for the layout out of building lots,
or streets, alleys or parts of other portions for public use or the
use of purchasers or owners of lots fronting thereon or adjacent thereto.
An unplatted parcel of land described by metes and bounds
and typically recorded in the county deed records.
The branch of the U.S. Army that plans, engineers, and manages
national water resource projects and facilities.
Water, sanitary sewer, electric, gas, telephone, cable TV
or any other such item of service either for public or private use.
As a part of the discretionary review process, the developer
or applicant requests certain regulations not apply to the subdivision.
(Ordinance 1170, art. 10.200, adopted 11/12/19)
