A. 
This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including Chapter 212 of the Texas Local Government Code, being adopted after a public hearing on the matter held on June 15, 2015.
B. 
The following rules and regulations are hereby adopted as the Subdivision Ordinance of the City of Josephine, Texas, also referred to herein as “this Ordinance[.]” The City Council hereby extends the application of this Ordinance to the full extent of the extraterritorial jurisdiction of the City of Josephine. This Ordinance shall be applicable to the filing of plats and the subdivision of land, as those terms are defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Josephine and its extraterritorial jurisdiction as those boundaries may be from time to time adjusted by annexation, disannexation, or otherwise. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction.
(Ordinance 2015-06-15 adopted 6/15/15)
In the interpretation and application of the provisions of this Ordinance, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Josephine and its extraterritorial jurisdiction. The subdivision of land is the first step in the development process. The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Josephine, Texas are intended to:
A. 
Promote the development and the utilization of land in a sustainable manner that assures an attractive and high quality community environment in accordance with the Comprehensive Plan and the Zoning Ordinance of the City of Josephine;
B. 
Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required;
C. 
Protect the public health, safety and general welfare of the community by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services;
D. 
Assist orderly, efficient and coordinated development within the City’s corporate limits and extraterritorial jurisdiction;
E. 
Provide neighborhood conservation and prevent the development of slums and blight;
F. 
Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts;
G. 
Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community, thereby assuring that the cost of such required improvements is roughly proportionate to the impact of the development on the City’s infrastructure;
H. 
Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided;
I. 
Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets;
J. 
Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land;
K. 
Promote sustainability of development through the preservation of the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features;
L. 
Establish adequate and accurate records of land subdivision;
M. 
Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction;
N. 
Protect and provide for the public health, safety and general welfare of the community;
O. 
Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population;
P. 
Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community;
Q. 
Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings;
R. 
Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and
S. 
Encourage the development of a stable, prospering economic environment. Minimum standards for development are contained in the City’s Design Manuals and Standard Construction Details, the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
If land is required to be platted, no conveyance or sale of any portion or Lot of the property may occur until a final plat is approved by the City Council and recorded in the land records of Collin/Hunt County.
B. 
No subdivision plat shall be recorded until a final plat, accurately describing the property to be conveyed, has been approved in accordance with this Ordinance and with other applicable City regulations (described in Subsection 1.3.C.) below). No building permit, certificate of occupancy, plumbing permit, electrical permit, floodplain permit, utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until:
1. 
A final plat has been approved in accordance with this Ordinance; and
2. 
All improvements required by this Ordinance have been constructed and accepted by the City of Josephine, or assurances for the completion of required improvements have been provided in accordance with Section 6 [Article VI] of this Ordinance.
C. 
Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by this Ordinance. It is the property owner’s responsibility to be familiar with, and to comply with City ordinances. Applicable ordinances and requirements include, but are not limited to, the following:
1. 
Future comprehensive Plan, which includes the Future Land Use Plan, Thoroughfare Plan, and associated maps and plans;
2. 
Zoning Ordinance;
3. 
Applicable Chapters of the City’s Code of Ordinances;
4. 
Design Manuals for Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfares adopted by the City; and
5. 
Standard Construction Details adopted by the City.
(Ordinance 2015-06-15 adopted 6/15/15)
The provisions of this Ordinance shall apply to the following forms of land subdivision and development activity within the City’s limits and its extraterritorial jurisdiction:
A. 
The division of land into two or more tracts, lots, sites or parcels; or
B. 
All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City’s subdivision regulations in Collin/Hunt County, Texas and which subsequently came within the jurisdiction of the City’s subdivision regulations through:
1. 
Annexation; or
2. 
Extension of the City’s extraterritorial jurisdiction; or
C. 
The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or
D. 
When a building permit is required for unplatted or improperly platted parcels for one of the following uses:
1. 
Residential single-family:
(a) 
Construction of a new single-family dwelling unit; or
(b) 
Moving of a primary structure or a main building onto a piece of property; or
(c) 
Renovation or expansion of an existing main building in excess of 50% of the square footage of the current structure; or
2. 
Nonresidential and multifamily:
(a) 
Construction of a new nonresidential or multifamily structure; or
(b) 
Additions to, or modification of an existing building in excess of 50% of its current size; or
(c) 
Moving a primary structure onto a parcel of property; or
3. 
For tracts where any public improvements are proposed; or
4. 
Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots each of which parcels or lots are greater than five (5) acres in size, where each part has access and where no public improvement is being dedicated, he shall first obtain approval of a development plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050. (See Section 2.7 of this Ordinance for requirements for development plats.)
(Ordinance 2015-06-15 adopted 6/15/15)
The provisions of this Ordinance shall not apply to:
A. 
Development of land platted and approved prior to the effective date of this Ordinance, except as otherwise provided for herein and for which no resubdivision or replat is sought; or
B. 
Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of Collin/Hunt County, Texas on or before the effective date of this ordinance; or
C. 
Sale, inheritance, or gift of land by metes and bounds of tracts greater than five (5) acres in size, where each part has access and upon which no improvement is being dedicated, and no subdivision or alteration is occurring; or
D. 
Existing cemeteries complying with all State and local laws and regulations; or
E. 
Divisions of land created by order of a court of competent jurisdiction; or
F. 
When a building permit is requested for unplatted or improperly platted parcels for one or more of the following activities:
1. 
Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage of the original structure; or
2. 
Remodeling or repair of an existing primary structure which involves no expansion of square footage beyond the original structure; or
3. 
Construction of subordinate facilities such as fences and accessory buildings (as defined in the Zoning Ordinance); or
4. 
Moving a structure off a lot or parcel, or for demolition permits.
(Ordinance 2015-06-15 adopted 6/15/15)
All applications for plat approval, including final plats, that are pending on the effective date of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect immediately preceding the effective date of this Ordinance. Not withstanding the foregoing, a property owner may opt, at the owner’s sole discretion, that such a plat be reviewed under this Ordinance.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
Interpretation.
In their interpretation and application, the provisions contained in this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
B. 
Conflict with Other Laws.
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in this Ordinance. To the extent that this Ordinance promulgates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the provision that is more stringent or imposes a higher standard shall control.
C. 
Severability.
If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered, and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without the incorporation in this Ordinance of any such part, provision, or application which may be judged invalid.
(Ordinance 2015-06-15 adopted 6/15/15)
This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City except as shall be expressly provided in this Ordinance.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
General.
Where the City Council, after a recommendation from the Planning and Zoning Commission (Commission), finds that undue hardship will result from strict compliance with a certain provision(s) of this Ordinance, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, the City Council may approve a variance or waiver from any portion of these regulations so that substantial justice may be done and the public interest is secured, provided that the variance or waiver shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the City Council shall not approve a variance or waiver unless it shall make findings based upon the evidence presented to it in each specific case that:
1. 
Granting the variance or waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the variance or waiver will not prevent the orderly subdivision of other property in the vicinity;
2. 
The conditions upon which the request for a variance or waiver is based are unique to the property for which the variance or waiver is sought, and are not applicable generally to other property;
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
4. 
The variance or waiver will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan or any other adopted plan(s) of the City; and
5. 
An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein. Such findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which a variance or waiver is considered. A variance or waiver from any provision of this Ordinance may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Economic hardship to the property owner or developer, standing alone, shall not be deemed to constitute undue hardship or otherwise justify a waiver or variance from the requirements of this Ordinance.
B. 
Criteria for Variance or Waiver From Development Exactions.
Where the City Council finds that the imposition of any development exaction pursuant to these regulations exceeds reasonable benefit to the property owner, or is so excessive as to constitute confiscation of the tract to be platted, the City Council may approve a full or partial variance or waiver, at its discretion, to such requirements. It is the City’s intent that any required development exactions shall be roughly proportional to the impact that any proposed development or redevelopment creates on the City’s infrastructure and resources.
C. 
Conditions.
In approving a variance or waiver, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.2.
D. 
Procedures.
An application for a variance or waiver shall be submitted in writing by the property owner to the Commission before or contemporaneously with the plat or replat submitted for the Commission’s consideration. The application shall state fully the grounds for the variance, and all of the facts relied upon by the Applicant. The Commission shall hold a hearing on the requested waiver or variance from this Ordinance and after having heard from the Applicant, if the Applicant chooses to speak regarding the issue, and all other interested persons the Commission shall forward a recommendation regarding the requested waiver or variance to the City Council together with the Commission’s recommendation regarding the plat or replat. The City Council shall similarly hold a hearing on the requested waiver or variance from this Ordinance and after having heard from the Applicant, if the Applicant chooses to speak regarding the issue, and all other interested persons as well as having given due consideration to the recommendation of the Commission, the City Council shall approve or disapprove the requested waiver or variance. The City Council shall also approve or disapprove the underlying plat or replat in accordance with this Ordinance and the laws of the State of Texas. The applicant will be directed to submit an application for a variance or waiver to the Commission. No plat shall be approved which does not fully conform to the provisions of this Ordinance. All variances or waivers shall have final approval or disapproval by the City Council.
E. 
Criteria for Variance or Waiver for Street Exactions.
Where the City Council finds that the imposition of any dedication or construction requirement for streets pursuant to these regulations exceeds the reasonable benefit to the property to be platted, it may approve a variance or waiver for such requirements so as to prevent excess. In order to qualify for a variance or waiver under this Section, the property owner shall demonstrate that the costs of right-of-way dedication and construction of nonlocal streets imposed pursuant to these regulations substantially exceeds the incremental costs of providing land and transportation improvements necessary to offset the additional traffic impacts generated by, or attributable to, the development upon the transportation network serving the property, including that which may be generated by or attributed to other phases to be platted in the future.
F. 
Effect on Other Ordinances.
No variance or waiver granted pursuant to this Section 1.10 shall waive or vary any dimensional requirement of the City’s Zoning Ordinance including but not limited to lot depth, lot width, lot area, lot coverage, setbacks, landscaping and buffers. Any variance or waiver from the literal interpretation and application of the City’s Zoning Ordinance shall be strictly governed by the City’s Zoning Ordinance and state law. Additionally, a variance or waiver granted pursuant to this Ordinance shall not relieve the property owner from compliance with any other statute, ordinance, rule or regulation imposed by the City, county, state or federal government upon the development of the subject property.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
No approved plat or replat shall be allowed to be recorded on any piece of land on which are owed delinquent taxes, delinquent paving assessments, delinquent fees, or any other delinquent debts or obligations to the City of Josephine, and which are directly attributable to that piece of property, until the taxes, assessments, debts or obligations directly attributable to said property and owed by the property owner or previous owner thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes, assessments, debts or obligations have been paid at the time of submission for any application for approval under this Ordinance.
B. 
Furthermore, no plat or replat of a subdivision of real property shall be filed for record or have recorded in the county clerk’s office a plat or replat unless the plat or replat has attached to it an original tax certificate from each taxing unit with jurisdiction of the real property indicating that no delinquent ad valorem taxes are owed on the real property. If the plat or replat is filed after September 1st of a year, the plat or replat must also have attached to it a tax receipt issued by the collector for each taxing unit with jurisdiction of the property indicating that the taxes imposed by the taxing unit for the current year have been paid or, if the taxes for the current year have not been calculated, a statement from the collector for the taxing unit indicating that the taxes to be imposed by that taxing unit for the current year have not been calculated. If the tax certificate for a taxing unit does not cover the preceding year, the plat or replat must also have attached to it a tax receipt issued by the collector for the taxing unit indicating that the taxes imposed by the taxing unit for the preceding year have been paid. This subsection does not apply if:
1. 
more than one person acquired the real property from a decedent under a will or by inheritance and those persons owning an undivided interest in the property obtained approval to subdivide the property to provide each person with a divided interest and a separate title to the property; or
2. 
a taxing unit acquired the real property for public use through eminent domain proceedings or voluntary sale.
(Ordinance 2015-06-15 adopted 6/15/15)
The City may deny a hearing and any approval if the applicant does not submit the complete information and fees required by this Ordinance in a timely manner.
(Ordinance 2015-06-15 adopted 6/15/15)
It shall be a violation of this Ordinance for any person to knowingly or willfully misrepresent, or fail to include, any information required by this Ordinance in any plat application or during any public hearing or meeting of the Planning and Zoning Commission or City Council. Such a violation shall constitute grounds for denial of the plat.
(Ordinance 2015-06-15 adopted 6/15/15)
For the purpose of this Ordinance, 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). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word “shall” is always mandatory, while the word “may” is merely directory.
A. 
Addition.
A lot, tract or parcel of land, lying within the City’s corporate boundaries or extraterritorial jurisdiction, which is intended for the purpose of subdivision or development.
B. 
Administrative Officers.
Any officer of the City of Josephine referred to in this Ordinance by title, including but not limited to the Manager or Administrator, City Attorney, City Secretary, City Planner, Building Official and City Engineer shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include engineering, planning, legal and other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City.
C. 
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 rear or sides of properties otherwise abutting on 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, including any alley turnouts onto a street.
D. 
Amended or Amending Plat.
A revised plat correcting errors or making minor changes to the original recorded final plat, as authorized by Tex. Loc. Govt Code section 212.016.
E. 
Amenity.
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 this Ordinance.
F. 
Applicant.
A person who submits an application for an approval required by this Ordinance.
G. 
Application.
A written request for an approval required by this Ordinance.
H. 
Base Flood.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
I. 
Block Length or Street Length.
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.
J. 
Bond.
Any form of a surety bond in an amount and form satisfactory to the City.
K. 
Building Setback Line.
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 environmental feature.
L. 
Capital Improvements Program (CIP).
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.
M. 
City.
The City of Josephine, Texas.
N. 
City Attorney.
The term City Attorney shall apply only to such attorney, or firm of attorneys, that has been specifically employed by the City to assist in legal matters.
O. 
City Council.
The duly elected governing body of the City of Josephine, Texas.
P. 
City Engineer.
The term “City Engineer” shall apply only to 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.
Q. 
(Reserved)
R. 
City Planner.
The term “City Planner” shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the City to assist in planning and zoning matters.
S. 
Commission.
The Planning and Zoning Commission of the City.
T. 
Comprehensive Plan.
The phrase “Comprehensive Plan” shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its revisions. 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.
U. 
Concept Plan.
A map generally showing all topography, trees, drainage patterns, existing utilities, existing infrastructure, etc. on which is superimposed a drawing of the overall conceptual layout of a proposed development, which shows the anticipated plan of development, and which serves as a working base for noting and incorporating suggestions of the City’s administrative officers, the Commission, the City Council, and others who are consulted prior to preparation of the preliminary plat. A concept plan is also sometimes referred to as a “site plan” or a “land study.”
V. 
Construction Plat.
A Construction Plat is also known as a “Final Plat” approved by the City Council but not yet filed or recorded with the County and for which no infrastructure has been accepted by the City.
W. 
Contiguous.
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.
X. 
Cul-de-Sac.
A street having only one outlet to another street, and terminated 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.
Y. 
Dead-End Street.
A street, other than a cul-de-sac, with only one outlet to another street.
Z. 
Design Standards.
The City of Josephine’s technical construction standards and specifications for the construction of subdivision improvement, as published in the then current Manuals for the Design of Storm Drainage Systems, Water and Sanitation Sewer Lines and Thoroughfare Standards, as maintained and available for inspection at the City Hall.
AA. 
Easement.
The word “easement” shall mean an area of joint use on private property.
1. 
Drainage or utility easements are areas upon which the City or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The City and public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone.
2. 
Access easements are areas, which are open to the general public at large that shall remain at all times open to the public for access.
BB. 
Engineer.
A person duly authorized and licensed under the provisions of the Texas Engineering Practice Act to practice the profession of engineering.
CC. 
Engineering Plans or Drawings.
The maps or drawings accompanying a plat and showing the specific location and design of all changes and improvements to be installed in the subdivision in accordance with the requirements of the City as a condition of approval of the plat.
DD. 
Escrow.
A deposit of cash with the City in accordance with this Ordinance.
EE. 
Final Plat (also “Construction Plat” or “Record Plat”).
The one official and authentic map of an as-built subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a GPS control point, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references and showing all streets and lots, easements, dedications and other pertinent features as constructed on the ground and as accepted by the City. The final plat of any lot, tract or parcel of land shall be recorded in the land records of Collin/Hunt County, Texas following acceptance and approval by the City. An amended plat is also a final plat.
FF. 
Governing Body.
The City Council of the City of Josephine, Texas.
GG. 
Improvement or Development Agreement.
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.
HH. 
Land Study.
A Land Study is also known as a “Concept Plan.”
II. 
Land Planner.
Persons, including surveyors 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.
JJ. 
Lot (also Lot of Record).
A divided or undivided tract or parcel of land having frontage on a public street, 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.
KK. 
Major Plat.
All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) 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.
LL. 
Major Subdivision.
This is the same as a “Major Plat.”
MM. 
Minor Plat.
A subdivision of land resulting in four (4) or fewer lots, provided that the plat does not create any new easements for public facilities nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services.
NN. 
Minor Subdivision.
This is the same as a Minor Plat.
OO. 
On-Site Facilities or Improvements.
These are 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, and curbs and gutters.
PP. 
Off-Site Facilities or Improvements.
“Off-site” facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property 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.
QQ. 
Overlength Street.
A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this Ordinance, 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.
RR. 
Pavement Width.
The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one curb to the back of the opposite curb.
SS. 
Perimeter Street.
Any existing or planned street which abuts the subdivision or addition to be platted.
TT. 
Person.
Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.
UU. 
Planning and Zoning Commission.
The duly appointed Planning and Zoning Commission of the City of Josephine, Texas, in accordance with Section 211.007 of the Texas Local Government Code.
VV. 
Plat.
This means a preliminary plat, final plat, development plat, amended plat or replat, as determined by the context.
WW. 
Preliminary Plat.
The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, showing in plan 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, as well as its compliance with all requirements of the development codes of the City of Josephine. The Preliminary Plat is subject to approval by the Planning and Zoning Commission and City Council.
XX. 
Private Street.
A private vehicular accessway, 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.
YY. 
Property Owner (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 Ordinance. 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.
ZZ. 
Public Improvements.
Facilities, infrastructure and other appurtenances, typically owned and maintained by the City, which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the City’s citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left-turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and stormwater management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, streetlights and street name signs. 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.
AAA. 
Replatting or Replat.
This is the resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.
BBB. 
Right-of-Way.
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; 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.
CCC. 
(Reserved)
DDD. 
Standard Street.
A standard street is a street or road that meets or exceeds the minimum specifications in the City’s standard street specifications, and which is constructed to the ultimate configuration for the type of roadway it is designated for on the City’s Thoroughfare Plan.
EEE. 
Street.
A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:
1. 
Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities.
2. 
Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.
3. 
Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property.
4. 
Private streets are streets which are owned and maintained by a homeowners’ association or property owners’ association, and which are not dedicated to the public.
FFF. 
Street Improvements.
This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare, including, but not limited to, 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.
GGG. 
Street Length.
This phrase means the same as “Block Length.”
HHH. 
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.
III. 
Subdivision (also known as “Addition”).
A division or redivision 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 resubdivisions of land or lots which are part of a previously recorded subdivision.
JJJ. 
Submission Date.
The submission date is when all necessary forms, fees, information, plans and copies have been submitted to the City, previewed, and deemed as complete by action of issuance of a fee receipt by the City.
KKK. 
Substandard Street.
An existing street or road 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 roadway it is designated for on the City’s Thoroughfare Plan.
LLL. 
Surveyor.
A licensed land surveyor or a registered public surveyor, as authorized by State statutes to practice the profession of surveying.
MMM. 
TCEQ.
Texas Commission on Environmental Quality (formerly TNRCC).
NNN. 
Temporary Improvements.
Improvements built and maintained by the property owner 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.
OOO. 
Yard.
The open area between building setback lines and lot lines.
(Ordinance 2015-06-15 adopted 6/15/15)