In the interpretation of this ordinance, the following words and terms are to be used and interpreted as defined hereinafter.
Access:Adequate access is defined as having frontage on a paved road meeting the right-of-way and pavement dimensions set forth in the Official Thoroughfare Plan.
Access Controller:The facility controlling vehicular access to private street developments which may be a mechanism or a manned structure.
Access ramp:A route used to provide entry for vehicles and machinery into a channel.
Access road:A route parallel to and at the top of the bank of a channel used to allow maintenance of channels from the top of the bank.
Acreage, Gross:The total acreage of a subdivision, including areas dedicated to the public use such as street and alley rights-of-way.
Acreage, Net:The total acreage of a subdivision less those areas dedicated to public use such as street and alley rights-of-way. Easements, however, shall be included in net acreage calculations. Retention ponds and detention ponds shall not be included.
Administrative Officers:Any office referred to in this Ordinance by title, i.e., Mayor, City Attorney, Town Secretary/City Administrator, Town Engineer, , etc. shall be the person so retained in this position by the Town, or his/her duly authorized representative.
Administratively Complete:an application, including any form of plat application, is not administratively complete until and unless all requirements of the application have been met. An application or plat is not “filed” with the Town for approval until the application is Administratively Complete; as determined by Staff Review.
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.
Applicant:The owner of land proposed to be subdivided or his representative when written consent is obtained from the legal owner of the premises. The terms “applicant,” “developer,” and “subdivider” are used interchangeably in these Rules, Regulations and Procedures.
Area, Lot:The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.
Authorized Agent:A person empowered by another by notarized statement or power of Attorney to represent, act for and transact business with the Town.
Base flood:The flood having a one (1) percent chance of being equaled or exceeded in any given year. Also known as the one-hundred-year flood.
Benchmark, Elevation:A permanent benchmark that identifies the vertical elevation above mean sea level or other approved level.
Block:An area bounded by streets, or a combination of streets, public parks, railroad rights-of-way, or corporate limits; or if said word is used as a term for measurement, it shall mean the distance along a side of a street between the nearest two streets which enters said street on the same side. When necessary, the City Planner shall determine the outline of the block in cases where platting is incomplete or disconnected.
Bond or Surety:An instrument wherein the principal (developer or his authorized agent) and Surety Company bind themselves to perform all covenants, conditions and agreements by the principal to the Town of Shady Shores. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit wherein the principal (developer or his authorized agent) and surety Company bind themselves to perform all covenants, conditions and agreements by the principal to the Town of Shady Shores in an amount and form satisfactory to the Town. All bonds shall be approved by the Town Council wherever a bond is required by the Subdivision Ordinance.
Building:Any structure built for the support, shelter, and/or enclosure of persons, animals, chattels or moveable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.
Building Setback Line:A line parallel or approximately parallel to the street right-of-way line at a specific distance therefrom marking the minimum distance from the street right-of-way line that a building may be erected.
Building Site:Land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this Ordinance and having direct access to a public street.
Carport:A roof open to the elements on at least three (3) sides for the storage of vehicles. May be freestanding. And should be constructed with materials and in such a way so as to architecturally coordinate with the main structure.
Channel:An open conduit, both natural and manmade, in which water flows with a free surface.
City:The Town of Shady Shores, Texas, together with all its governing and operating bodies.
City Council:The Town Council of the Town of Shady Shores, Texas. (Also known as the Town Council)
City Engineer:“City Engineer” shall apply only to such Registered Professional Engineer or firm of Registered Professional Consulting Engineers that has been specifically designated as such by Resolution of the Town Council. (Also known as the Town Engineer)
City Inspector:The firm or person that has been specifically retained by the Town Council to provide inspection services for public improvements or buildings. (Also known as the Town Inspector)
City Planner:The firm or person that has been specifically retained by the Town Council to provide planning service. (Also known as the Town Planner)
City Secretary:The person duly approved by the Town Council and charged with the responsibility of administering the Town’s various departments. (Also known as the Town Secretary).
Commission:The Planning and Zoning Commission of the Town of Shady Shores.
Comprehensive Plan:Policies in graphic and text form adopted by the Town Council to govern the general location recommended for land uses, transportation routes, public and private buildings, streets, alleys, squares, parks, and other public and private development and improvements. One plan may cover the entire Town and all of its functions and services, or the comprehensive plan may consist of a combination of plans governing specific geographic areas which together cover the entire Town and all of its functions and services. The Comprehensive Plan includes, but is not limited to, the Zoning Ordinance, the Land Use Plan, Thoroughfare Plan, and Floodplain Map.
Conduit:An open or closed device for conveying flowing water.
Construction Plans:The maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision.
Covenant:An agreement to do or refrain from doing certain acts.
Crosswalk:A public right-of-way, four (4) feet or more in width between property lines, which provides pedestrian circulations.
Cul-de-sac:A street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround.
Culvert:A transverse conduit beneath streets and driveways connecting channels.
Dedication:A gift or donation of property or interest in property by the owner to the public.
Density:The number of dwelling units per gross acre of subdivision, excluding any areas that are nonresidential in use.
Detention:The storage of storm runoff for a controlled release during or immediately following the design storm.
Developer:An individual, partnership, corporation, or governmental entity undertaking the subdivision or improvement of land and other activities covered by the Subdivision Ordinance, including the preparation of a subdivision Plat showing the layout of the land and the public improvements involved therein. The term “developer” is intended to include the term “subdivider” even though personnel in successive stages of a project may vary.
Development:Any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Drainage Area or Basin:The land area upon which all rainfall that falls on that area is directed towards or flows to a given point or stream.
Drainage Facilities or System:One (1) or more conduits, channels, ditches, swales, pipes, detention devices or any other device, work or improvement, natural or manmade, which is used, designed or intended to be used to carry, direct, detain or otherwise control storm water.
Drainage Plan:An engineering study evaluating storm water runoff and flows that recommends drainage improvements necessary to comply with design standards adopted by the Town.
Drainage way:An existing river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood.
Easement:The word “easement” shall mean an area for restricted use on private property upon which any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of these easements. Any public utility shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.
Emergency:Response by the appropriate Town Department to an alarm or call requiring immediate action in the interest of the public health and safety.
Engineer:A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of Engineering and who is specifically qualified to design and prepare construction plans and specifications for subdivision development.
Entry Turnaround:An opening or other accommodation provided at the entrance to a private street development in order to allow vehicles denied access to re-enter the public street with a forward motion without unduly disturbing other vehicles at the entrance.
Erosion Control:Structural and nonstructural techniques to prevent the erosion and sedimentation of soil from rainfall and/or runoff.
ETJ - Extraterritorial Jurisdiction:A municipality’s extraterritorial jurisdiction as determined under Chapter 42, Loc. Govt. Code, as unincorporated property one half mile from the city limits of the Town, and not crossing the lawful ETJ or city limits of another City.
Final Plat:The one official and authentic map approved by the Town Council of any given subdivision of land prepared in compliance with this ordinance from actual field measurement and staking of all identifiable points by a surveyor with the subdivision location references to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. Angular measurements and bearings shall be accurate to the nearest tenth of a foot. The Final Plan of any lot, tract, or parcel of land shall be recorded in the Records of Denton County, Texas.
Flood Boundary and Floodway Map (FBFM):An official map of a community, issued by the Federal Emergency Management Agency, where the areas within the boundaries of areas of special flood hazard have been designated.
Flood Insurance Rate Map (FIRM):An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
Flood Insurance Study:The official report provided by the Federal Emergency Management Agency containing flood profiles, the water surface elevation of the base flood and the flood hazard boundary map.
Floodplain:An area identified by the Federal Emergency Management Agency as a one percent or greater chance of flooding (the 100-year floodplain). The channel of a river or other watercourse and the adjacent land as that must be reserved in order to discharge the base flood. The issuance of building permits for construction of any structure within such floodplain is regulated by a separate ordinance governing the safeguards, actions to prevent flooding, types of uses permitted in flood prone areas, etc.
Floodway:The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood as defined by the Federal Emergency Management Agency without cumulatively increasing the water surface elevation more than one foot.
Force Main:A pipe which conveys water or wastewater under pressure.
Freeboard:The vertical distance between the design water surface level (base flood) and the top of an open conduit left to allow for wave action, floating debris or any other condition or emergency without overtopping the structure.
Geotechnical Testing:Testing by a qualified professional testing laboratory to determine the engineering characteristics of soil, rock and/or fill material.
Government Employees in Pursuit of Their Official Duties:A government employee, such as the following, but not necessarily limited to; police, fire code enforcement, public works, city engineer, planning, building inspections, and other local, county, state and/or Federal employees; i.e., postal workers, school districts (e.g. school buses), and/or their designee/contractor in the process of addressing functions and activities that relate to the public health, welfare, and safety.
Grade:The inclination or slope of a conduit, channel or natural ground surface, usually expressed in terms of the percentage of number of feet of vertical rise or fall per one hundred (100) feet horizontal distance.
Greenbelt:An open space area consisting of primarily natural features, that may be located in a floodplain or along a creek channel or be used as a buffer between land uses or be used as an open space linkage between various land uses.
Head-in Parking:Parking in which the vehicle must back out into a public right-of-way in order to exit the parking stall.
Hydrograph:A graph showing stage, flow, velocity or other property of water versus time at a given point on a stream or conduit.
Infrastructure:Facilities and services needed to sustain manufacturing, residential, commercial and all other land use activities. Infrastructure includes water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities, such as fire stations, parks, schools, and other similar type uses.
Inlet:An opening into a storm drain system for the entrance of surface storm runoff.
Lane:A driving surface of a street with a width as specified in the street standards.
Land Use Map:Part of Comprehensive Plan showing current land use.
Landscape Plan:A plan showing the proposed landscape improvements to be made on a site.
Lane Width:Street right-of-way required for vehicular traffic.
Lift Station:A pumping facility which conveys water or wastewater vertically or under pressure through a force main.
Lot:An 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 improvements; 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.
Master Plan:The phrase “Master Plan” shall be the comprehensive plan of the Town and adjoining areas as adopted by the Town Council and the Planning and Zoning Commission, including all its revisions. This plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, parks, water, sewer, and other public and private developments and improvements.
Notice to Proceed:A written authorization permitting the developer to proceed with construction of the approved public facilities.
Off-site:Located outside the boundary of a development.
On-site:Located within the boundary of a development.
Open Space, Private:Within a subdivision, private open space is private property under common ownership designated for recreational area, private park (for use of property owners within the subdivision), play lot area, plaza area, building setbacks (other than those normally required), and ornamental areas open to the general view within the subdivision. Private open space does not include streets, alleys, utility easements, public parks or required setbacks. Private open space within a specific lot is the area included in any side, rear or front yard or any unoccupied space on the lot that is left open and unobstructed to the sky except for the ordinary projections of cornices, eaves or porches.
Open Space, Public:Within a subdivision, public open space is property which has been designated for park land, recreation, or wildlife conservation areas which have been dedicated to and accepted by, the Town of Shady Shores or other Federal, State, or Municipal governmental entity.
Park:Land dedicated to, or purchased by, the Town or other Federal, State, or Municipal governmental entity for the purpose of providing public recreation or open space areas.
Person:Any individual, association, firm, corporation, governmental agency, or political subdivision.
Phased Development:A plat presented by the developer that proposes only part of the tract is to be developed and presented to the Planning and Zoning Commission, the remainder of the tract to be developed at a later date.
Pipe:A closed conduit through which water flows.
Planned Development:A subdivision that consists of a variety of land use types, incorporating a single or variety of types of residential dwelling units, public open spaces, common open space and recreational areas, adequate to service the needs of the tract when fully developed and populated, which is to be developed as a single entity, under unified control. In tracts within a single zoning district, the planned development suffix allows for flexibility in subdivision while preserving the overall density.
Plan:A subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land development application, and site development plan.
Plat:Includes a preliminary plat, general plan, final plat, and replat.
Policy:A statement or document which has been enacted by the governing body of the Town that forms the basis for enacting legislation or making decisions.
Preliminary Plat:A formal document prepared in compliance with this ordinance, showing the detailed concept of the subdivision, presented with the required accompanying material to the Planning and Zoning Commission for consideration. 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 on a topographic map and showing in plan existing and proposed drainage features and facilities street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of proposed development.
Private Access Amenity Plan:A detailed plan to be submitted by the applicant that contains all of the key elements for the private access development, including, but not limited to, private access control mechanisms, screening wall(s), signage, and landscaping.
Private Access Permit Process:The entire process culminating in Town Council approval, based upon recommendations of the Planning & Zoning Commission.
Private Deed Restrictions:Written stipulations which the developer imposes on buyer of property in the subdivision, such as, but not limited to, lot size, setback lines, building size, accessory buildings permitted and land use.
Private Streets:A platted street providing limited local traffic circulation among adjacent lots which is privately owned and maintained, contained with a private street lot, and constructed in accordance with the requirements of this Ordinance.
Private Street Lot:A separate lot owned by the property owners’ association whereupon a private street is constructed.
Property Owners’ Association:An organization established for the ownership, care, and maintenance of private streets and other private facilities.
Public Facilities:Any facilities such as streets or drainage systems which are dedicated for public use.
Public Open Space Easement:An easement that restricts construction or plantings so that open space and/or sight visibility is maintained.
Public Utility and Storm Sewer Easement:An easement upon a private street not having the same width as the lot which is intended to contain a privately owned and maintained pavement as well as publicly owned and maintained water lines, sanitary sewer lines, and such other utility or franchise infrastructure as can be reasonably accommodated.
Replatting:Replatting is the re-subdivision of any part or all of any block or blocks of a previously platted subdivision, addition, lot or tract.
Retention Pond:A pond or other impoundment designed to store water runoff permanently.
Right-of-Way:Lands dedicated and publicly owned for use as a street, alley or crosswalk.
Sidewalk:A paved pedestrian way generally located within public street right-of-way, but outside of the roadway, and build in accordance with Town specifications.
Spread Limits:The width of pavement covered by water based on a flood of a certain frequency (ten-year, one hundred year flood).
Stacking Area:A setback measured from the public street right-of-way to the access controller.
Staff Approval:Approval of certain applications, to determine if they are Administratively Complete; and for certain plats not requiring additional approval by Planning and Zoning or Town Council. (See Sec. 4.1.A.10). Administrative Approval has the same meaning.
Steep Slope:Areas that contain slopes over fifteen percent (15%) grade and are characterized by increased runoff and erosion hazards.
Street:A public right-of-way, however designated which provided vehicular access to adjacent land. Types include:
b. Collector Streetsprovide vehicular circulation within neighborhoods and from local streets to Major Thoroughfares. Due to similarity of traffic volume and wheel loadings, streets through commercial and industrial areas are frequently constructed to same design as Arterial Streets.
c. Local Streetsprovide direct vehicular access to abutting residential property. Local streets include residential and residential estates designations.
d. A “private street” is a vehicular access way under private ownership and maintenance that has not been dedicated to the Town and accepted by the Town.
Street Crown:The highest point of a street cross-section, normally located at the centerline of the street.
Street, Internal:Generally any street whose entire width is contained within a development.
Street, Perimeter:Any street which abuts a development or one whose width lies partly within a development and partly without, unless otherwise defined by the Town Engineer.
Street Width:The words “street width” shall be the shortest distance between the lines which delineate the rights-of-way of a street.
Structure:Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards, and poster panels.
Subdivider:Any person or any agent thereof who, having an interest in land, causes it, directly or indirectly, to be divided or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivision” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
Subdivider’s Agreement:A written contractual agreement between the Town and the Developer establishing the terms and conditions for approval and acceptance of the public improvements required for a development.
Subdivision:Any land, vacant or improved, which is divided into two (2) or more lots, blocks, 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 re-subdivision.
Surety Company:An entity which undertakes to pay money or to do any other act, in the event that his principal fails therein and is bound with the principal for the payment of a sum of money, or for the performance of some duty or promise.
Surveyor:A person licensed by the State, or Registered Public surveyor, as authorized by the State Statutes to practice the profession of surveying.
Thoroughfare Plan:The officially adopted plan, a part of the Comprehensive Plan that identifies and classifies the existing and proposed thoroughfares in the Town.
Town:The Town of Shady Shores, Texas, together with all its governing and operating bodies.
Town Attorney:The attorney appointed by the City Council to provide legal advice to the Town staff and officials.
Town Council:The Town Council of the Town of Shady Shores, Texas.
Tract:An undivided parcel of land having access to a public street which can be subdivided into lots.
Utility Easement:An interest in land granted to the Town, to the public generally, and/or to a private utility corporation, for installing and maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
Vacation:To cancel, rescind, or render an act that has the effect of voiding a subdivision Plat or a portion thereof as public easement, right-of-way or other dedication.
Variance:An adjustment in the application of the specific regulations of this Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.
Yard:A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty inches (30") above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, furniture, and roof overhangs not exceeding thirty inches (30"), may be permitted in any yard subject to height limitations and requirements limiting obstructions of visibility.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)