For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this Section. When not inconsistent with the context; words used in the present tense include the future; words used in the singular number include the plural; and words used in the plural number include the singular. Definitions not expressly prescribed herein are to be determined according to customary usage.
ALLEYshall mean a or public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties, which otherwise abut on a public street.
BLOCKshall mean a tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad rights-of-way, or natural or man-made physical features that disrupt what would otherwise be an unbroken landscape (for example, ditches, gullies, ridges, et cetera).
BUILDINGshall mean any structure, which is built for the support, shelter, or enclosure of persons, animals, chattels, machinery, equipment, or movable property of any kind.
BUILDING LINE OR BUILDING SETBACK LINEshall refer to a line generally parallel to the street right-of-way line and defines an area on the building lot between the street right-of-way line and the building line, within which no building or structure shall be permitted.
CITYshall refer to the Municipal Corporation, City of Eagle Lake, Texas.
CITY ATTORNEYshall mean the person employed as City Attorney of the City of Eagle Lake, Texas, and duly appointed by the City Council.
CITY COUNCILshall mean the duly and constitutionally elected governing body of the City of Eagle Lake, Texas.
CITY ENGINEERshall mean the person employed as City Engineer of the City of Eagle Lake, Texas, duly appointed by the City Manager with the approval of the City Council.
CITY MANAGERshall mean the person employed as the chief administrative officer of the City of Eagle Lake, Texas, and duly appointed by the City Council.
CITY PLANNING COMMISSIONshall mean the duly organized body of citizens of the City of Eagle Lake, Texas, and duly appointed by the City Council.
COMPREHENSIVE PLANshall refer to the Comprehensive City Plan of Eagle Lake and adaptations, amendments, or supplements thereto, which has or have been adopted in principle by the City Planning Commission as a guide to future development of the City and its surrounding area.
COUNTYshall refer to the County of Colorado, Texas.
COUNTY COMMISSIONshall mean the duly and constitutionally elected governing body of Colorado County, Texas.
CROSSWALKis a public right-of-way not more than six (6) feet in width between property lines, which provides pedestrian circulation.
CUL-DE-SACis a street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.
DEAD-END STREETshall mean a street, other than a cul-de-sac, with only one outlet.
DEVELOPERshall mean any person or persons, firm, or corporation subdividing a tract or parcel of land to be sold or otherwise handled for their own personal gain or use.
DOUBLE FRONT LOTshall mean a building lot, not a corner lot, which has frontage on two streets that are parallel or within forty-five (45) degrees of being parallel to each other.
EASEMENTshall mean a strip of land reserved for the use of the public by the grantor, usually at the rear or side of lots or parcels of land, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. In granting the easement, the grantor is in effect vesting the public with authority to control the use of land within the easement and in exercising such control, the City may specify that no building or part of a building or other permanent structure or fence, in case of a drainage easement, may be located within the limits of the easement.
ENGINEERshall mean a person duly authorized and licensed under the provisions of the Texas Engineering Registration Act, as heretofore or hereinafter amended, to practice the profession of engineering.
EXTRATERRITORIAL JURISDICTION (ETJ)shall mean the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of Eagle Lake, the outer boundaries of which are measured from the extremities of the corporate limits of the City outward for such distances as may be stipulated in the Texas Municipal Annexation Act in accordance with the total population of the incorporated City of Eagle Lake, in which area, within the terms of the Act, the City may enjoin the violation of its subdivision control ordinance.
FILING DATEshall refer to the date which is ten (10) days prior to the regular meeting of the City Planning Commission at which the subdivision plat (Preliminary or Final) is to receive consideration.
FILING FEEshall refer to the prescribed plat and lot fee rates, as hereinafter stipulated, to accompany the filing with the City Planning Commission or preliminary and final subdivision plats.
FINAL PLATshall refer to the map or plan of a proposed subdivision submitted to the City Planning Department on or before the “filing date,” as the term is defined herein, for approval by the City Planning Commission, and said plat shall be prepared in accordance with this ordinance.
FLOODPLAINshall mean any land area, along or near a river, creek or drainageway, that has at least a one (1%) percent chance of being inundated by water from any source.
1. FLOODPLAIN, INTERMEDIATEshall mean that land which lies within a stream channel or adjacent to a stream channel within which flooding frequently occurs, the elevation above sea level of which shall be as established by the City and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream floodplain characteristics and insure continued adequate drainage of adjacent land.
2. FLOODPLAIN, STANDARDshall mean that land which includes the intermediate floodplain and that land which lies immediately outside of and adjacent to the intermediate Floodplain in which flooding only occasionally occurs, the elevation above sea level of which shall be as established by the City and made of record.
FRONT OR FRONTAGEshall mean that portion of a tract of land which abuts on a public street to which it has direct access.
LOTshall refer to a physically 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, lease, or improvement, which is designated as a distinct and separate tract and which is identified by a lot number or tract symbol on a duly approved subdivision plat, which has been properly recorded.
LOT DEPTHis the length of a straight line connecting the midpoint of the front and rear lot lines.
LOT WIDTHis the length of a line (drawn perpendicular to the lot depth line) connecting the side lot lines at the building setback line or at a point no farther than thirty-five (35) feet from the front lot line.
MAJOR STREET OR THOROUGHFARE PLANshall mean the comprehensive plan of major and secondary streets and highways as a part of the City’s Comprehensive Plan and adaptations, amendments, or supplements thereto as adopted by the Planning Commission and City Council.
MAJOR THOROUGHFAREshall refer to a public street which is designed for and used for fast or heavy traffic, or is intended to serve as a major trafficway of considerable continuity, and is designated as such upon the most recent plan for Major Thoroughfares of the City as adopted by the Planning Commission and City Council.
MINOR STREETshall refer to any public street, which is not classified as a major thoroughfare, or secondary street.
PAVEMENT WIDTHshall mean the portion of the surface of a street available for vehicular traffic and, where curbs are laid, it is the portion between the face of curbs.
PERSONshall mean any individual, association, firm, corporation, governmental agency, or political subdivision.
PLANNED UNIT DEVELOPMENT (PUD)shall mean a single planned unit as initially designed; or such unit as expanded by annexation of additional land area; or a group of contiguous planned units, as separate entities or merged into a single consolidated entity.
PLATshall mean a map, drawing, chart, or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, building lots, easements, alleys, or any similar type of plat, which a developer submits for approval and a copy of which he intends to record in final form.
PRELIMINARY PLATshall mean the first or introductory plat of a proposed subdivision.
PRELIMINARY PLAT MASTERshall mean the first or introductory plat of a proposed subdivision, where a developer intends to submit, from time to time, fractional final plats.
PUBLIC EASEMENTSshall mean a right granted or dedicated to the public or governmental agency in, on, across, over or under property for specified use or uses by an instrument or map duly recorded in the records of the County Clerk of Colorado County, Texas.
PUBLIC STREETshall mean a right-of-way dedicated to public use for pedestrian and vehicular traffic and public utility purposes.
RESERVEshall refer to a tract, parcel, or unit of land not physically divided, having frontage on a public street, which is proposed and intended for other than single-family residential use and which is, or in the future may be, offered for sale, conveyance, transfer, lease, or improvement, and which is designated as a distinct separate tract and which is identified by reserve symbol on a duly approved subdivision plat which has been properly recorded with the County Clerk of Colorado County, Texas.
SHALLis always mandatory.
SIDEWALKshall mean a minimum thirty-six (36) inch width and four (4) inch minimum thickness Portland cement paved pedestrian walkway, extending for the entire length of a block or blocks paralleled to a street right-of-way line or street pavement edge, which walkway shall be constructed within the right-of-way of any public street.
STREETshall mean a public right-of-way, however designated, which provides vehicular circulation and access to adjacent property.
1. “SECONDARY STREET” OR “COLLECTOR STREET”means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets, is not necessarily of continuous routing for long distances, has intersections at grades and provides direct access to abutting property, and shall include each street designated as a “secondary street” on the major street or thoroughfare plan so designated by the Planning Commission and City Council. Minimum width of right-of-way shall be eighty (80) feet.
2. “MINOR STREET”means a Street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy through traffic. Minimum width of right-of-way shall be sixty (60) feet.
SUBDIVISIONshall mean any division of property for which a plat is required to be approved and recorded under the provision of Article
974a, Vernon’s Texas Civil Statutes, Article 970a, the Texas Municipal Annexation Act, and under this Ordinance. The word “subdivision” shall mean any division of any tract of land situated within the corporate limits of the City of Eagle Lake, Texas, or within the extraterritorial jurisdiction of such limits, into two (2) or more parts for the purpose of laying out any subdivision of any tract of land or any addition of the City or for laying out lots or building lots, or any lots, streets, alleys, or parts of other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. “Subdivision” shall include resubdivision and, when in the context, shall relate to the process of subdividing or to the land area subdivided. Resubdivision shall mean the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines.
1. EXCEPTIONS.The following subdivision of land shall be exempt and shall not be required to obtain plat approval under this ordinance:
1. The division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley or easement of access.
2. The division of land into four or fewer parts not laying out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use and all lots have access to a public street.
SURVEYORshall mean a licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the Texas Land Surveyors Registration Act.
UNRESTRICTEDshall be used to label or designate land proposed to be used for a purpose not consistent with the proposed use of the Major portion of the subdivision.
(Ordinance 2002-08 adopted 4/9/02; Ordinance 2010-01 adopted 4/27/10)