For the purpose of these Subdivision Regulations, 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). When words and terms are defined herein, and are also defined in another City ordinance, they shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in these Subdivision Regulations shall control. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and Engineering practices. If no such customary usage exists, the definition found within the latest edition of Webster’s Dictionary shall be used. The word “shall” is always mandatory, while the word “may” is merely directory.
Additionmeans a Lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the City which is intended for the purpose of Subdivision or development.
Administrative Officers or Officialsmeans any officer of the City referred to in these Subdivision Regulations by title - including but not limited to the Planning Director, City Manager, City Engineer, City Secretary, Fire Chief, Police Chief, Public Works Director and Chief Building Official - shall be the Person so retained in that position by the City, or his or her duly authorized representative.
Alleymeans 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 that derive primary access from a Street. The length of an Alley segment is to be measured from the Right-of-Way lines of the Streets from which the Alley is provided access, or from the centerpoint of an intersection with another Alley which connects to a Street.
Amended or Amending Platmeans a revised Plat correcting errors or making minor changes to a recorded Plat pursuant to section
212.016 of the Texas Local Government Code.
means 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 these Subdivision Regulations.
Applicantmeans a Person or entity who submits an Application for an approval required by these Subdivision Regulations. Also sometimes referred to as “owner”, “owner’s agent”, “developer”, “Subdivider”, or other similar term.
Application Filing Date.The date an application is filed on behalf of an Applicant by City staff for consideration by a City board, commission, or City Council, which shall be stamped on the application by City staff on the date which the application is set on an agenda for consideration by the authority responsible for the approval and determined complete. See also definition of Application Filing Window and Filed in this section.
Application Filing Window.The period of time during which City staff is capable of filing plats, site plans, conceptual plans, general plans, or similar materials necessitating consideration by a City board, commission, or City Council.
Approach Streetmeans a Street other than a Perimeter Street that provides access to and from an improved Street.
Assurancemeans any form of a Security that is submitted to the City for the purposes of ensuring that adequate monies are available for the construction of improvements in relation to an approved Plat, an approved construction plans or both.
Base Floodmeans the flood having a 1% chance of being equaled or exceeded in any given year.
Block Length or Street Lengthmeans, for a residential Subdivision, that distance measured along the centerline of the Street from the intersection centerpoint of one through Street to the intersecting centerpoint of another Street, or to the midpoint of a Cul-De-Sac. The through Street referred to above shall not be a Cul-De-Sac, a Dead-End Street, or a looped Street, but shall be a Street which clearly has two points of ingress from two different directions.
Bondmeans any form of an obligation undertaken by a surety acceptable to the City and in an amount and form satisfactory to the City.
Building Setback Linemeans the line within a property defining the minimum horizontal distance between a building or other structure and the adjacent Street Right-of-Way line, property line, a creek, or some other specific feature.
Capital Improvements Program (CIP)means the official proposed schedule, if any, of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council.
Citymeans the City of Aubrey, Texas unless otherwise expressly stated.
City Attorneymeans such attorney, or firm of attorneys, that has been specifically retained 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 Councilmeans the duly elected Governing Body of the City of Aubrey, Texas.
City Engineermeans such licensed professional Engineer, or firm of licensed professional consulting Engineers, that has been specifically employed by the City to assist in engineering-related matters. The City Manager may assign the duties of the City Engineer (as described in these Subdivision Regulations) to another city official whether or not licensed as a professional engineer.
City Manager or City Administrator.The Person holding the position of the City’s chief administrative officer (e.g., City Manager), as appointed by the City Council, and these terms may be used interchangeably.
City Standard Streetmeans a Street that meets or exceeds the minimum specifications for construction, Street size and Right-of-Way width in the City’s Subdivision Regulations and Design Standards, and which is constructed to the ultimate configuration for the type of Street it is designated for on the City’s Thoroughfare Plan.
Completion Filing Datemeans the date upon which a submitted application is determined or deemed completed, with all necessary forms, fees, plans, information, and copies submitted to the City in accordance with the City’s application requirements for purposes of a development application and is accepted by the City for filing. The completion filing date is not necessarily the same as the submission date (see “Submission Date”).
Commissionmeans the Planning and Zoning Commission of the City.
Comprehensive Plan or Master Planmeans the Comprehensive Plan of the City and adjoining areas as 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 Master 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.
Contiguousmeans Lots are Contiguous when at least one boundary line or point of one Lot touches a boundary line, or lines, or point of another Lot.
Cul-De-Sacmeans a Street having only one outlet to another Street, and which terminates on the opposite end by a vehicular turnaround or “bulb”. The length of a Cul-De-Sac is to be measured from the intersection centerpoint of the adjoining through Street to the midpoint of the Cul-De-Sac bulb.
Curvilinear Streetmeans a Street that is not straight and that intersects other Streets at an angle that is less than or greater than 90 degrees (i.e., a right angle); a Street that follows the topography or curvature of the land.
Dead-End Streetmeans a Street, other than a Cul-De-Sac, with only one outlet.
Design Standardsmeans the collection of rules, regulations, criteria, standards, specifications, construction drawings, and general notes, including but not limited to those promulgated under the authority of these Subdivision Regulations, and other existing ordinances including the design standards in Part III-B of the Aubrey Code and any applicable design standards and requirements in Part II, Article
8 of the Aubrey Code.
means the owner of land proposed to be developed as a residential or nonresidential Subdivision, or the owner’s authorized representative.
Developmentmeans any activity that requires the submission of a Subdivision Plat or the securing of a building permit.
Development Platmeans a Plat governed by these Subdivision Regulations in accordance with subchapter B of Chapter 212 of the Texas Local Gov’t Code, as amended.
Easementmeans any area within, on, over, and/or under real property in which the City (and/or another entity, such as a franchised utility) has an interest involving a right of use of the property and/or right to exclude uses of the property-such as requiring removal of all or any part of any buildings, fences, trees, shrubs, or other improvements or uses that interfere with the lawful purpose of the holder of the Easement-including but not limited to those required for provision of sidewalks, utility services, or access to property or equipment owned and/or maintained by the City.
Engineermeans a Person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.
Engineering Plans or Drawingsmeans the maps or drawings accompanying a Plat and showing the specific location and design of Public Improvements to be installed in the Subdivision in accordance with the requirements of the City as a condition of approval of the Plat.
Escrowmeans a deposit of cash with the City in accordance with these Subdivision Regulations.
Extraterritorial Jurisdiction (ETJ)means the area of land lying outside and adjacent to the corporate limits of the City of Aubrey over which the City of Aubrey has legal control as set forth in Chapter 42 of the Texas Local Gov’t Code.
FEMAmeans the Federal Emergency Management Agency of the U.S. government.
Filed, and Variants Thereof.Unless otherwise necessitated by the immediate context, this term refers to the combination of (a) delivery by City staff of complete and satisfactory application materials to the City authority responsible for approval of same, together with (b) corresponding placement of the item on an agenda for consideration at a meeting of the appropriate authority. Mere submission or physical delivery of application materials by an Applicant to City staff does not constitute “filing” for purposes of these Subdivision Regulations. No plan or plat of any kind is capable of being “filed” unless and until the administrative review process has been completed and the item is also placed on an upcoming agenda for a meeting of the appropriate authority. See also definition for Application filing date in this article.
Final Plat(also “Record Plat” or “As-Built Plat”) means 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 Registered Professional Land Surveyor (RPLS), with the Subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division, and with all Streets, Rights-of-Way, Easements, dedications and other pertinent features, sufficiently described so that they can be reproduced without additional references. An Amending Plat and a Replat are also Final Plats.
Frontagemeans that side of a lot, parcel, or tract abutting a Street Right-of-Way.
Improved Streetmeans a Street constructed to City Standards or a City Standard Street.
Land Plannermeans Persons, including Registered Professional Land Surveyors (RPLS) or Engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning, and who may be certified as a member of the American Institute of Certified Planners (AICP).
Lot or Lot of Recordmeans a divided or undivided tract or parcel of land having frontage on a public or Private Street or other form of approved public or private access, 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 at the County.
Major Platmeans any Plat not classified as a Minor Plat, including but not limited to Subdivisions of more than four Lots, or any Plat that requires the construction of a new Street (or portion thereof) or the extension of a municipal facility as required by this or any other City ordinance.
Major Subdivisionmeans a Subdivision cannot be approved by means of an application for a Major Plat.
Median Widthmeans the width of the portion of a Street median including the entire width of the median’s curbs.
Minor Platmeans a Subdivision resulting in four or fewer Lots, provided that the Plat does not create any new Street or the extension of any municipal facilities to serve any Lot within the Subdivision.
Minor Subdivisionmeans a Subdivision that may be approved by means of an Application for a Minor Plat.
On-Site Facilities or Improvementsmeans the existing or proposed facilities or improvements constructed within the property boundaries of the Plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, Streets, Alleys, water lines, sewer lines, storm drainage facilities, sidewalks, screening devices, and curbs and gutters.
Off-Site Facilities or Improvementsmeans the facilities or improvements that are required to serve the site but that are not located within the boundaries of the Plat or immediately adjacent to the property, and which may or may not be immediately required to serve the development to serve the development. 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.
Overlength Street (or Alley)means a Street segment, or a Cul-De-Sac or Alley segment, which exceeds the maximum length allowed by these Subdivision Regulations, as measured along the centerline of the Street from the intersection centerpoint of one through Street, which shall not be a Cul-De-Sac or dead-end or looped Street, to the intersecting centerpoint of another through Street or, in the case of a Cul-De-Sac, to the midpoint of the Cul-De-Sac. For an Alley segment, the measurement shall be to the Right-of-Way lines of the Streets from which the Alley is provided access, including any Alley turnouts, or from the centerpoint of an intersection with another Alley which connects to a Street.
Pavement Widthmeans the width of the portion of a Street that is available for vehicular traffic, combined with the width of any paved shoulder and-for Streets with curbs-the width of the entire curb.
Perimeter Streetmeans any existing or planned Street which is adjacent to the Subdivision or Addition to be Platted.
Personmeans any individual, association, firm, corporation, governmental agency, political Subdivision, or legal entity of any kind.
Plan, Conceptual or Plan, General.A broad plan for the growth and development of a parcel, typically including all major features such as lot boundary lines, street and utility layouts, and locations of proposed structures. A preliminary plat may also constitute a general plan or conceptual plan for purposes of the provisions in these Subdivision Regulations.
Planning Departmentshall refer to the City’s department, and related employees, that has been specifically created and maintained by the City to assist in planning and zoning related matters. This term shall also apply to any official City employee in the Planning Department, including any practicing, professional Land Planner, administrative support, and/or firm of professional Land Planners.
Planning Directormeans a Person hired or designated by the City Manager to supervise or oversee the Planning Department of the City, and to exercise the authority of the Planning Director as mentioned in these Subdivision Regulations.
Platmeans a Preliminary Plat of a Subdivision, a Final Plat of a Subdivision, a Development Plat, or an Amending Plat or Replat, as determined by the context.
Preliminary Platmeans the graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plain view the proposed Street and Lot layout, Easements, dedications and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development.
Private Streetmeans a private vehicular access way, including an Alley, that is shared by and that serves two or more Lots, which is not dedicated to the public, and which is not publicly maintained.
Property Owner(may also be known as “Subdivider” or “Developer”) means 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 these Subdivision Regulations. 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.
Public Improvementsmeans facilities, infrastructure and other appurtenances, typically owned and maintained by the City (but not necessarily located upon city-owned property or Right-of-Way. Public Improvements can be located upon public property or upon private property in a public Easement. Public Improvements serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and protect the general health, safety, welfare and convenience of the City’s citizens, including efficiency in traffic circulation and access for emergency services. The term “Public Improvements” shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of Private Streets.
Recorded Final Platmeans a Final Plat that has been duly recorded in the property records of Denton County, Texas.
Replatting or Replatmeans the re-Subdivision of any part or all of a block or blocks of a previously Platted Subdivision, Addition, Lot or tract.
Response Submission Window.The period of time during which an Applicant whose materials were conditionally approved or disapproved may submit a request that City staff file a response to the reviewing authority for reconsideration or appeal of a revised submission for the same project, containing only those modifications directly related to satisfaction of the conditions stated by the City, which begins on the 10th business day prior to and ending on the 4th business day prior to the next scheduled meeting of the body responsible for the next stage of approval.
Right-of-Waymeans 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 gas facilities, water and sanitary and storm sewer facilities; Street Improvements; and any other special use. The use of Right-of-Way shall also include parkways and medians outside of the paved portion of the Street. The usage of the term “Right-of-Way” for land Platting purposes 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.
RPLSis an acronym for Registered Professional Land Surveyor.
Site Plan.The document(s) required for certain development activities to ensure compliance with the City’s zoning regulations, as further described by Chapter
14, Exhibit A, Section 5(Q) of this code (as amended), and in this article shall carry the same meaning as used in that section unless the context requires another meaning of the term to provide these Subdivision Regulations with full force and effect. Site plans are intended to be treated identically as preliminary plats for purposes of the City’s submission, filing, and review procedures under these Subdivision Regulations, and are therefore considered to be included in the general term “plat” and in substitution for “preliminary plat” in these Subdivision Regulations as the context may require to accomplish that intent.
means that part of a Right-of-Way, whether public or private and however designated, which provides vehicular access to adjacent land and other Streets and may include additional facilities for transportation of persons, utilities, drainage and other Street improvements. Streets may be of the following categories:
Freeway or Expresswaymeans a Street classification that devotes total emphasis to the movement of traffic with little or no access to adjacent land. It is characterized by some degree of access control and normally is used for longer trip lengths at higher speeds. It serves the major centers of activity and high volume traffic corridors. The network formed is integrated and generally offers connections to areas outside the City and it Extraterritorial Jurisdiction. U.S. 75 and the Denton County Outer Loop are Expressways.
Arterial Streetmeans a Street classification that serves serve major movements of traffic within an urbanized area while still providing some degree of access to adjacent property. These Streets generally move high volumes of traffic through the City and provide access to the Freeway/Expressway network. FM 455 (White Street), State Highway 5 (Powell Parkway), and State Highway 121 (Sam Rayburn Highway) are Arterial Streets.
Major Collector Streetmeans a Street classification that receives traffic from other Collectors and distributes it to major activity centers. It may also feed through traffic to Arterial Streets, Freeways or Expressways. Uses served include but are not limited to major educational facilities, concentrations of high density commercial, regional commercial facilities, other concentrated commercial facilities, and industrial complexes. Some Major Collector Streets are also Arterial Streets.
Minor Collector Streetmeans a Street classification that carries traffic from residential Streets to Major Collector Streets. It typically serves uses such as medium and high density residential, limited commercial facilities, elementary schools, offices and direct access to industrial parks.
Residential Collector Streetmeans a Street classification that carries traffic from Local Streets to other Collector Streets. It typically serves low and medium residential, limited commercial facilities, elementary schools, some small offices and direct access within industrial parks.
Local Streetmeans a Street classification that function primarily to provide property access. They are normally short in length and compose the highest percentage of total Street miles within the City. Local Streets are designed to serve low traffic volumes. Through traffic movement should be discouraged. Depending upon the type of area served, and the service demands placed upon them, Local Streets may be subcategorized as residential, industrial and business.
Private Streetmeans a classification of Streets which are owned and maintained by a homeowners association or Property Owner’s Association, and which are not dedicated to the public.
Street Improvementsmeans any Street, together with all appurtenances required by city regulations to be provided with such Street, 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, Street lights and Street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation.
Subdividermeans a Person who having an interest in land, causes it, directly or indirectly, to be divided into a Subdivision; 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 engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or Development, a Subdivision or an interest, lot, parcel, site, unit, or plot in a Subdivision.
Subdivision(also known as “Addition”) means a division or re-division of any tract of land situated within the City’s corporate limits or its extraterritorial jurisdiction into two or more parts, Lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. “Subdivision” includes re-Subdivisions of land or Lots which are part of a previously recorded Subdivision.
Subdivision Improvement Agreementmeans a contract entered into by the Applicant and the City, by which the Applicant promises to complete the required Public Improvements within the Subdivision or Addition within a specified time period following Final Plat approval, and which may to the extent expressed in the agreement modify or alter the application of these Subdivision Regulations.
Submission Datemeans the date when forms, fees, plans, information and copies have been submitted to the Planning Director (or other employee authorized to receive Applications) for the purposes of meeting requirements for a Development Application. The Submission Date is not the same as the Completion Filing Date (see “Filed, and variants thereof” and “Completion filing date”).
Substandard Streetmeans an existing Street that does not meet the minimum specifications in the City’s Standard Street specifications, and which is not constructed to the ultimate configuration for the type of Street it is designated for on the City’s Thoroughfare Plan.
Surveyormeans a Registered Professional Land Surveyor (RPLS), as authorized by State statutes to practice the profession of surveying.
SWPPPis an acronym for a Storm Water Pollution Prevention Plan (as in a set of Engineering construction plans).
TCEQmeans the Texas Commission on Environmental Quality or any successor agency of the State of Texas.
Temporary Improvementsmeans improvements built and maintained by the developer that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage Easement or erosion control device, that will be removed upon completion of the Subdivision or shortly thereafter.
Thoroughfaremeans a Street classified as an Expressway, Arterial, or any type of Collector Street.
Yardmeans the open area between Building Setback Lines and Lot lines.
Zoning Ordinancemeans the City’s zoning regulations as codified in Part III-C of the Aubrey Code as amended as well as zoning ordinances not codified in the Aubrey Code that zone or rezone particular tracts of property.
(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 680-20 adopted 4/28/20)