A.
For the purpose of these regulations, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth in Section 3.02.
B.
Unless the
context clearly indicates to the contrary, words used in the present
tense include the future tense and words used in the plural include
the singular.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
A public or private right-of-way designed to serve as primary
vehicular access to the side or rear of those properties whose principal
frontage is on some other street.
The owner of land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner.
Consent shall be required from the legal owner of the premises. See
also Developer, Owner, and Subdivider.
A tract of land entirely surrounded by streets, or by a
combination of streets and public rights-of-way, or as otherwise determined
by the planning commission or its authorized representative.
Any form of security including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the governing body. All bonds shall be approved by
the governing body wherever a bond is required by these regulations.
See Structure.
The person or persons authorized and empowered by the City
Council to administer and enforce the permitting and inspecting process
within the City.
Payment of money into fund earmarked by the City of Wilmer
to provide for acquisition of facilities off site in place of dedicating
land or providing such facility on site.
An official certification indicating that a use or building
(as built) conforms to the provisions of these regulations and may
be used or occupied.
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the City of Wilmer
by administrative rule may require that such certification be made
in any manner, oral or written, which provides reasonable assurance
of the accuracy of the certification.
The City of Wilmer, Texas.
The person or persons authorized and empowered by the City
Council to administer the requirements of the City’s zoning
and subdivision regulations. The designee is typically a City Planner
or Zoning Administrator.
See Governing Body.
The licensed engineer designated by the City Council to
furnish engineering assistance for the administration [of] these regulations.
Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association; or ownership by different
corporations, firms, partnerships, entities, or unincorporated associations,
in which a stockbroker, partner, or associate, or a member of his
family owns an interest in each corporation, firm, partnership, entity,
or unincorporated association.
A plan for development of the City prepared and adopted
by the City Council, and including any part of such plan separately
adopted and any amendment to such plan, or parts thereof.
The maps or drawings showing the specific location and design
of improvements to be installed in a subdivision in accordance with
the requirements of the Commission as a condition of the approval
of the plat.
A local street with only one outlet that terminates in a
vehicular turnaround and having an appropriate terminal for the safe
and convenient reversal of traffic movement.
The transfer of private to public or common ownership for
a public purpose. The transfer may be in fee simple title or less
than fee simple interest including easements. Dedication requires
the acceptance of the interest to be complete.
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations. See also Owner and Subdivider.
A permanent or temporary grant of right by a property owner
to the public, a corporation or other persons, of the use of a portion
of a lot or tract of land for specified purposes where title to said
portion of the lot or tract of land remains with the landowner.
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
A title company, bank, savings and loan association, trust
company, attorney or any other person or agency approved by the City
to act as an escrow agent.
The fair market value of a designated unit at the time such
value is approved by the Governing Body.
The length of the property abutting on one side of a street
measured along the dividing line between the property and the street.
The duly elected Mayor and City Council of the City of Wilmer.
See Property Owners Association.
Any roadway, drainage ditch, sidewalk, pedestrian-way, parkway,
tree, lawn, off-street parking area, lot improvement or other facility
for which the City of Wilmer may ultimately assume the responsibility
for maintenance and operation, or which may affect an improvement
for which the City of Wilmer responsibility is established.
A sketch preparatory to the preliminary plat or final plat,
to enable the property owner to save time and expense in reaching
general agreement with the Commission as to the form of the plat and
the objectives of these regulations.
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose whether immediate or future,
of transfer of ownership, or possession, or for building development.
The division of a single lot into not more than two (2)
tracts, per these regulations, without having to resubdivide said
lot, providing that the resulting lots shall not again be divided
without replatting.
Any premises not located within the area of the property
to be subdivided, whether or not in common ownership of the applicant
for subdivision approval.
The record owners of the fee or a vendee in possession,
including any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under the definition of Same Ownership.
Any individual or group of individuals, or any corporation,
general or limited partnership, joint venture, unincorporated association,
or governmental or quasi-governmental entity.
The Wilmer City Planning and Zoning Commission.
A revised plat correcting errors or making minor changes
to the original recorded final plat.
A drawing of a permanent nature showing the precise location
and dimension of such features as streets, lots, easements and other
elements pertinent to transfer of ownership and prepared to be recorded
after approval by the Commission and including any accompanying material
as described in these regulations.
A drawing described in these regulations, showing the proposed
general patterns of streets, lots and land uses within a tract to
be subdivided, indicated the proposed manner or layout of the subdivision
to be submitted to the Commission for approval.
One or more contiguous parcels of land under single ownership
or control, designated by its owner, at the time of filing an application
for a building permit, as a tract to be used, developed or built upon
as a unit. It may or may not coincide with the deed description thereof
or the boundaries of the same as shown on a map thereof filed for
record or otherwise, and it may subsequently [be] subdivided into
two (2) or more plots, provided all such plots conform to all the
regulations of the district. The boundaries of any plot for which
a building permit or certificate of occupancy is requested, shall
be accurately drawn on the application therefor.
A practicing surveyor licensed in the State of Texas.
An association or organization, whether or not incorporated,
which operates under and pursuant to recorded covenants or deed restrictions,
through which each owner of a portion of a subdivision, be it a lot,
parcel site, unit plot, condominium, or any other interest, is automatically
a member as a condition of ownership and each such member is subject
to a charge or assessment for a pro-rated share of expense of the
association which may become a lien against the lot, parcel, unit,
condominium, or other interest of the member.
Publicly owned or regulated utilities including, water,
sewer, telephone, gas, and electric.
The act of amending or changing an approved final plat,
including any change in any street layout or other public improvement,
any lot line, the amount of land reserved for public use or the common
use of lot owners, or any easements shown on the approved plat.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, or for
another special use. 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, are not included
within the dimensions or areas of such lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, or any other use involving maintenance by a public agency
shall be dedicated to public use by the maker of the plat on which
such right-of-way is established.
Any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, or other
transfer of an interest in a subdivision or part thereof, whether
by metes and bounds or lot and block description.
A totally enclosed system consisting of an underground collection
system and a treatment system so installed that when the treatment
is completed, the affluent discharge meets the standard of the jurisdictional
health agency.
The required minimum horizontal distance between the structure
line and the related front, side, or rear property line.
A way set aside for vehicular traffic, regardless of size
or designation, but excluding private driveways serving only one (1)
parcel of land.
A street that carries or will carry intermediate volumes
of traffic from local streets to arterial streets.
A street or a portion of a street with only one (1) vehicular-traffic
outlet. See also Cul-de-Sac.
A street that is used or will be used primarily for access
to abutting properties and which carry or will carry limited volumes
of traffic.
A street that is parallel to and adjacent to arterial streets
and highways and that serves to reduce the number of access points
to the arterial streets and thereby increase traffic safety.
A street designed to provide a connection between major
arterials.
A street or highway designed or utilized primarily for high
vehicular speeds or for heavy volumes of traffic.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures, and street signs.
Any person who (1) having an interest in land, causes it,
directly or indirectly, to be divided into a subdivision or who; (2)
directly or indirectly, sells, leases or develops or offers to sell,
lease or develop, or advertises for sale, lease or development, any
interest, lot, parcel, site, unit or plot in a subdivision, or who;
(3) engages directly or through an agent in the business of selling,
leasing, developing or offering for sale, lease or development a subdivision
or any interest, lot, parcel, site, unit or plot in a subdivision,
and who (4) is directly or indirectly controlled by, or under direct
or indirect common control with any of the foregoing.
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots
or interests for the purpose of offer, sale, lease or development
either on the installment plan or upon any and all other plans, terms
and conditions, including resubdivision. Subdivision includes the
division or development of residential and nonresidential zoned land,
whether by deed, metes and bound description, map, plat or other recorded
instrument.
A contract entered into by the applicant and the City Council
by which the applicant promises to complete the required public improvements,
as specified within these regulations, within the subdivision within
a specified time period following final subdivision plat approval.
All subdivisions not classified as minor subdivisions.
Any subdivision containing not more than five (5) lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities or the creation of any public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
current Comprehensive Plan, Official Map, Zoning Regulations, or these
regulations.
The term “Subdivision Regulations” or “these
regulations” shall mean the requirements stipulated in the regulations
herewith attached, and shall mean the lawfully adopted Subdivision
Regulations of the City of Wilmer.
A lot. The term “tract” is used interchangeably
with the term “lot,” particularly in the context or [of]
subdivision, where a “tract” is subdivided into several
lots, parcels, sites, plots, tracts, or interests. See also Lot and
Plot.
Right to initiate or continue the establishment of a use
which will be contrary to a restriction or regulation coming into
effect prior to or following completion of the project associated
with the use.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)
