For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning ascribed to them
in this section. Words and terms not expressly defined herein are
to be construed according to their customary usage in the practice
of municipal planning and engineering. Words defined in the zoning
ordinance not defined in this chapter will have the meaning set forth
in the zoning ordinance.
means a subordinate building having a use customarily incident
to and located on the same lot occupied by the main building. An accessory
structure is considered to be a part of the main building when it
has any part of a wall in common with the main building, or is under
an extension of the main roof and designed as an integral part of
the main building.
mean any office referred to in this chapter by title, i.e.,
city manager, city attorney, city secretary, city engineer, director
of public works, etc., shall be the person so retained in this position
by the city, or their duly authorized representatives.
means 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.
means the line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street
side, or rear property line.
means the registered professional engineer or firm of registered
professional consulting engineers that has been specifically designated
as the city engineer by the city council.
means the officially appointed and authorized city manager
of the city, or his duly authorized representative.
means the person designated by the city manager to perform
the duties assigned to the city planner herein or that person's designated
representative.
means the planning and zoning commission of the city.
means the comprehensive plan of the city and adjoining areas
as adopted by the city 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.
means a lot located at the intersection of two or more streets
and bounded on two or more sides by such streets, where the interior
angle of intersection or interception does not exceed 135 degrees.
means a public right-of-way, four feet or more in width between
property lines, which provides pedestrian circulations.
means a street having but one outlet to another street, and
terminated on the opposite end by a vehicular turnaround.
means a street, other than a cul-de-sac, with only one outlet.
means a lot which is not a corner lot and which is bounded,
in whole or in part, on two or more sides by two or more streets.
means an area for restricted use on private property upon
which any public utility, including the city, 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,
including the city, 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 its respective systems without the necessity
at any time of procuring the permission of anyone. An easement may
be utilized for a utility and a drainage system.
means a person duly authorized under the provisions of the
state 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.
means a requirement imposed as a condition for approval of
a plat, preliminary plat, building permit, planned development district
or other development permit application to:
means the facilities agreement shall be a legal binding agreement
between the city and the developer specifying the individual and joint
responsibilities of both the city and the developer. Unusual circumstances
relating to the subdivision shall be considered in the facilities
agreement such that the purpose of this chapter shall be best served
for each particular subdivision. Such facilities agreement may stipulate
pro rata payments, city participation in unusual facilities, escrow
deposits or other payments for future facilities, waivers granted
to this chapter and other particular aspects of the development. The
facilities agreement shall be recorded in the county courthouse at
the same time the final plat is recorded.
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 surveyor or engineer with the subdivision
location referenced 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 minute. Distances shall
be accurate to the nearest tenth of a foot. Only a final plat shall
be recorded in the plat records of the county.
means a lot connected to a street by an access corridor such
as an alley, narrow private drive, access easement, or driveway corridor
which is significantly narrower than the front-most part of the lot
behind the access corridor.
means a lot which is not a corner lot and has only one street
frontage.
means persons other than surveyors or engineers who also
possess and can demonstrate a valid proficiency in the planning of
residential, commercial, industrial and other related developments;
such proficiency often having been acquired by education in the field
of landscape architecture or other specialized planning curriculum
and/or by actual experience and practice in the field of land planning.
means 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 improvement; which is designated as
a distinct and separate tract; and which is identified by a tract,
lot number or symbol in a duly approved plat which has been properly
filed of record.
means the building or buildings on a lot which are occupied
by the primary use.
The word "may" is merely directive. The word "shall" is always
mandatory.
means the portion of a street available for vehicular traffic.
Where curbs are laid, it is the portion between the faces of the curbs.
means any individual, association, firm, partnership, corporation,
governmental agency, political subdivision or other entity of any
kind.
means a plan outlining the proposed use(s) of a tract or
tracts of land, which provides the city fair notice of the intended
project and the nature of the permit sought. It includes an application
for approval of a plat or an application for approval of a zoning
change or site plan which contains, at a minimum, a graphic depiction
or sketch of the tract and describes the proposed uses of land and
their location within the tract(s) and the general layout of streets
and parks or other open spaces. It does not include any information
or exhibit presented to: (1) city staff for the purpose of seeking
information regarding the applicable regulations; or (2) the planning
and zoning commission or city council unless the information or exhibit
is required to be submitted with the permit application.
means the same as commission.
means a preliminary plat, final plat, replat, short form
(amending) plat, filing plat, record plat, or other plat established
and provided for in this article.
means 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 the 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.
means with respect to water, wastewater, roadway, drainage
or parks, the facilities owned or operated by or on behalf of the
city to provide services to the public, including existing and new
developments and subdivisions. The public facilities system includes
improvements to roads owned by the county or the state to the extent
such improvements are necessitated by and attributable to a proposed
development.
means a water, wastewater, roadway, drainage or park facility
that is a part of one or more of the city's public facilities systems.
means the resubdivision or redesign of any part or all of
a previously platted subdivision, addition, lot or tract.
means a sketch drawing of initial development ideas superimposed
on a topographic map to indicate generally the plan of development
and to serve as a working base for noting and incorporating suggestions
of the city manager, city planner, city engineer, or others who are
consulted prior to the preparation of the preliminary plat.
means a public right-of-way, however classified or designated,
which provides vehicular access to adjacent land.
means the shortest distance between the lines which delineate
the rights-of-way of a street.
means the act of creating a subdivision.
means any person or any agent thereof, dividing or proposing
to divide land so as to constitute a subdivision or who is otherwise
required to submit a plat as required in this chapter. The term "subdivider"
shall include the owner, equitable owner or authorized agent of such
owner or equitable owner, of land sought to be subdivided.
means a division of any land, whether vacant or improved,
by metes and bounds, deed, contract for deed, lease, or by any other
instrument or method, into two or more lots, parcels, sites, units,
plots, parts, or interests, for the purpose of offer, sale, lease
or development. Subdivision includes resubdivision and includes any
division of land described under V.T.C.A., Local Government Code §
212.004. Subdivision shall not include the division of land into parts
greater than five acres, which are exempted from platting under V.T.C.A.,
Local Government Code § 212.004.
means a licensed state land surveyor or a registered public
surveyor, as authorized by the state statutes to practice the profession
of surveying.
means an interest in land granted to the city, to the public
generally, or to a private utility company, for installing and maintaining
utilities and/or drainage across, over or under private land, together
with the right of ingress and egress thereon with machinery and vehicles
necessary for the maintenance of such utilities.
[Ord. No. 819-97, § 1(C), 6-10-1997; Ord. No. 1063-06, § 1, 8-22-2006; Ord. No. 1186-10, § 1, 11-9-2010]
(a)
This
chapter is designed and intended to achieve the following purposes
and shall be administered so as to:
(1)
Provide
for the orderly, safe and healthful development of the area within
the city and to promote the health, safety and general welfare of
the community;
(2)
Establish
orderly policies and procedures to guide development of the city;
(3)
Ensure
that development of land and subdivisions shall be of such nature,
shape and location that utilization will not impair the general welfare
and to ensure against dangers of fires, floods, erosion, landslides,
or other such menaces;
(4)
Provide
streets that ensure safe, convenient and functional systems for vehicular
and pedestrian circulation, to furnish adequate sites, convenient
to schools, parks, playgrounds, and other community services, respecting
topography and existing vegetation so that the natural beauty of the
land shall be preserved;
(5)
Assure
adequate building sites;
(6)
Require
adequate recordation of ownership interests in land that is developed
or is to be developed;
(7)
Require
platting to obtain a building permit;
(8)
Provide
for the establishment of minimum specifications for construction and
engineering design criteria for public infrastructure improvements
to maintain land values, reduce inconveniences to residents of the
area, and to reduce related unnecessary costs to the city for correction
of inadequate facilities that are designed to serve the public;
(9)
Preserve
the natural beauty and topography of the city and to ensure appropriate
development with regard to these natural features;
(10)
Realistically and harmoniously relate new development of adjacent
properties;
(11)
Provide the most beneficial circulation of traffic throughout the
city, having particular regard to the avoidance of congestion in the
streets and highways, and pedestrian traffic movements; and to provide
for the proper location and width of streets;
(12)
Assure that new development adequately and fairly participates in
the dedication and construction of public infrastructure improvements
that are necessitated by or attributable to the development or that
provide value or benefit that makes the development feasible;
(13)
Help prevent pollution, assure the adequacy of drainage facilities,
control storm water runoff, safeguard the water table, and encourage
the wise use and management of natural resources throughout the city
and its extraterritorial jurisdiction in order to preserve the integrity,
stability, and beauty of the community and the value of the land;
and
(14)
Provide for open spaces through the most efficient design and layout
of the land, while preserving the land use intensity as established
in the zoning ordinance of the city.
(b)
To carry
out the purposes hereinabove stated, it is declared to be the policy
of the city to guide and regulate the subdivision and development
of land in such a manner as to promote orderly growth both within
the city and where applicable, within its extraterritorial jurisdiction.
(c)
Land
must not be platted until proper provision has been made for adequate
public facilities for roadways, drainage, water, wastewater, public
utilities, capital improvements, parks, recreation facilities, and
rights-of-way for streets.
(d)
Proposed
plats or subdivisions which do not conform to the policies and regulations
shall be denied, or, in lieu of denial, disapproved conditioned on
conformance with conditions.
(e)
There
shall be an essential nexus between the requirement to dedicate rights-of-way
and easements and/or to construct public works improvements in connection
with a new subdivision and the need to offset the impacts on the city's
public facilities systems created by such new development.
[Ord. No. 819-97, § 1(A), 6-10-1997; Ord. No. 1063-06, § 2, 8-22-2006]
In the interpretation and application of the provisions of this
chapter, it is the intention of the city council that the principles,
standards and requirements provided for in this chapter shall be minimum
requirements for the platting and developing of subdivisions in the
city, and where other ordinances of the city are more restrictive
in their requirements, or provide greater protection or control, such
other ordinances shall control.
[Ord. No. 819-97, § 1(B), 6-10-1997]
(a)
The planning
and zoning commission may recommend and the city council may authorize
a waiver from these subdivision regulations when, in its opinion,
an unnecessary or extraordinary hardship will result from requiring
strict compliance.
(b)
In granting
a waiver, the city council may prescribe conditions that it deems
necessary or desirable to protect the public interest. In making the
findings in this section required, the city council shall take into
account the nature of the proposed use of the land involved, existing
uses of land in the vicinity, and the probable effect of such waiver
upon traffic conditions and upon the public health, safety, convenience
and welfare in the vicinity. No waiver shall be granted unless the
council finds that all of the following conditions exist:
(1)
That
there are special circumstances or conditions affecting the land involved
such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of his land;
(2)
That
strict application of the provisions of this chapter is not necessary
to promote the public health, safety and welfare;
(3)
That
the granting of the waiver will not be detrimental to the public health,
safety or welfare, or injurious to other property in the area;
(4)
That
the granting of the waiver will not have the effect of preventing
the orderly subdivision of other land in the area in accordance with
the provisions of this chapter. 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 council meeting
at which such waiver is granted. Waivers may be granted only when
in harmony with the general purpose and intent of this chapter so
that the public health, safety and welfare may be secured and substantial
justice done. Pecuniary hardship to the subdivider, standing alone,
shall not be deemed to constitute unnecessary hardship; and
(5)
That
the granting of the waiver will be in harmony with the spirit and
purpose of this chapter. The planning and zoning commission, in the
recommendation of a waiver to the city council, shall submit all the
specific facts and pertinent data upon which such a waiver has been
recommended. Any waiver granted by the city council, after considering
the material submitted by the planning and zoning commission, shall
be final.
(c)
The city
council finds it necessary to grant a waiver pursuant to article IV.
[Ord. No. 819-97, § 1(D), 6-10-1997; Ord. No. 1063-06, § 3, 8-22-2006]
Any subdivider aggrieved by a finding or action of the city
council must file a written petition in a court of competent jurisdiction
within 30 days from the date of such finding or action, and not thereafter.
[Ord. No. 819-97, § 1(E), 6-10-1997]
The city council may from time to time amend this chapter, upon
review and recommendation by the planning and zoning commission, in
accordance with appropriate procedures provided by law.
[Ord. No. 819-97, § 1(H), 6-10-1997]
Any person who shall violate any of the provisions of this chapter or who shall fail to comply with any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided in section 1-14. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this chapter.
[Ord. No. 819-97, § 12, 6-10-1997]
