Town of Fairview, TX Definitions

Approval constitutes a determination by the official, board, commission or town council responsible for such determination that the application is in compliance with the minimum provisions of this subdivision ordinance.

Certificate of occupancy.

Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans.

Arterial street.

A principal traffic-way more or less continuous across the town or areas adjacent thereto and shall act as a principal connecting street with highways as indicated in the comprehensive plan.

Base flood.

The flood having a one (1) percent chance of being equaled or exceeded in any given year, determined based upon FEMA (Federal Emergency Management Agency) guidelines and as shown in the current effective flood insurance study.

Block.

A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, highway, stream, or corporate boundary lines.

Block face.

The portion of a block that abuts a street.

Block length.

The length of the block face between two intersections.

Building.

Any structure built for support, shelter, or enclosure of persons, animals, personal property, records, or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building.

Building official.

The building official of the town or his or her designee.

Building permit.

A permit issued by the town before a building or structure is started, improved, enlarged, or altered as proof that such action is in compliance with the town code.

An official certificate issued by the town through the enforcement official that indicates conformance with the town's rules and regulations and authorizes legal use of the premises.

Code of Ordinances.

The Code of Ordinances of the town of Fairview.

Collector street.

A street designed or used to carry traffic from local streets to arterials.

Commercial planned development district area plan (CPDD).

A component of the ordinance adopting the commercial planned development district (CPDD).

Commission.

The planning and zoning commission of the town.

Comprehensive plan.

The plan, including all revisions thereto, adopted by the town council as the official policy regarding the guidance and coordination of the development of land in the town.

The plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks, other public and private developments and improvements, and population projections.

Design standards and specifications by NCTCOG.

The plan may consist of, but is not limited to, the following plan elements: Future land use plan, transportation plan, and thoroughfare plan map.

Construction plans.

A set of drawings and/or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the town for review in conjunction with a subdivision or a development.

Council.

See town council.

County.

Collin County.

Court.

An open, unoccupied space other than a yard, on the same lot with a building that is bounded on three (3) or more sides by the building.

Cul-de-sac.

A short, residential street having only one vehicular access to another street, and terminated on the opposite end with a vehicular turnaround.

Dead-end street.

A street, other than a cul-de-sac, with only one outlet.

Decision-maker.

The town official or group, such as the planning manager, town council, or planning and zoning commission, responsible for deciding an application authorized by this subdivision ordinance.

Specific engineering requirements for the construction of public improvements by the North Central Texas Council of Governments (NCTCOG).

Developer.

A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, developments, or improvement of land and other activities covered by this subdivision ordinance.

The word developer is intended to include the terms subdivider, property owner, and, when submitting platting documents, applicant.

Development.

Any manmade change to improved or unimproved real estate, including but not limited to, buildings and/or other structures, paving, drainage, utilities, storage, and agricultural activities.

Development application.

An application, developed and updated by the planning manager, for any type of plan, permit, plat, or construction plans/drawings authorized or addressed by this subdivision ordinance.

Development manual.

A collection of application forms created, updated, and managed by the planning manager. The development manual also contains checklists, additional information, fees, and forms and is a policy document for the public to reference.

Driveway approach.

That access or transitional portion of a driveway intended for vehicular traffic, and running from the street curbline or edge of paving (or rock/gravel) to the property line.

Dwelling unit.

One or more rooms, which are arranged, designed, used, or intended to be used for occupancy by a single-family or group of persons living together as a family or by a single person.

Easement.

Authorization by a property owner for another to use any designated part of the owner's property for a specified purpose or use and evidenced by an instrument or plat filed with the county clerk. Among other things, easements may be used to install and maintain utility lines, drainage ditches or channels, or for other town or public services.

An area established for public purposes on private property upon which the town 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 town systems.

Extraterritorial jurisdiction (ETJ).

The town 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 or procuring the permission of anyone.

Easement, common access.

An easement to provide shared access to and from adjoining properties. Easements are maintained by the owners of the property upon which the easement is located or as otherwise provided by deed restrictions or the terms of the easement instrument.

Engineer.

A person duly authorized under the provisions of the Texas Engineering Practice 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 public works improvements.

Engineering plans.

See construction plans.

ETJ.

See extraterritorial jurisdiction (ETJ).

The unincorporated area, not a part of any other municipality, which is contiguous to the corporate limits of the town, the outer limits of which are measured from the extremities of the corporate limits of the town outward for the distance as stipulated in chapter 42 of the Texas Local Government Code, according to the inhabitants of the town, and in which area the town may regulate subdivisions and enjoin violation of provisions of this subdivision ordinance.

Fee schedule.

A listing of fees for various town applications, which is prepared by the town manager and approved by town council and may be amended periodically. The fee schedule is approved separately from this subdivision ordinance.

Filing plat.

See final plat.

Final acceptance.

The acceptance by the town of all infrastructure improvements constructed by the developer in conjunction with the development of land.

Final plat.

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.

The final plat of any lot, tract, or parcel of land shall be recorded in the deed records of Collin County, Texas.

Homeowners' or property owners' association.

A final plat may also be referenced as a record plat or filing plat.

Floodplain.

The area subject to being inundated by water from the base flood.

Floodway.

A natural drainage area that accommodates the base flood for existing creeks and open drainageways.

Frontage.

All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line.

A formal organization created by private recorded land agreements for the benefit of a defined geographic area within the town, operating independently of the town, and consisting of membership that is either mandatory or voluntary as generally defined below.

Mandatory membership. Mandatory homeowners' or property owners' associations are generally defined by the following:

(A)

Restrictive covenants apply that may govern the use and improvement of property under the jurisdiction of the association;

(B)

Each lot and/or property owner in the area subject to the agreement is automatically an association member; and

(C)

Each lot or property interest is automatically subject to recurring or special charges or assessments for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and

(D)

The charge or assessment, if unpaid, is subject to a lien against the nonpaying member's property.

Letter of final acceptance.

Voluntary membership. Voluntary homeowner' or property owners' associations are generally defined as an association where owners of property in the area subject to the agreement are voluntarily subject to rules or restrictive covenants and are responsible for costs associated with enforcement of such rules and the maintenance of common property, with the association having limited ability to enforce payment of fees or dues against association members.

Improvement.

Any manmade fixed item that becomes part of or placed upon real property, see also public improvement.

Infrastructure.

All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the town.

Land planner.

A person(s), other than a surveyor or engineer, who also possesses 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.

Notification to an applicant from the town engineer that all improvements are completed, inspected, tested (if applicable), and determined by the town to be in conformance with this subdivision ordinance and with the town's design/engineering standards and all improvements are accepted by the town or will be accepted contingent to the approval of a final plat.

Local street.

A local street is a street used primarily for access to abutting property in residential and commercial areas. Local streets also provide secondary or minor access and circulation to community facilities (schools, parks, etc.) and other traffic generators, such as commercial and industrial areas.

Residential local streets. Local residential streets distribute traffic to and from residences, are short in length, and designed to discourage through-traffic.

Commercial local streets. Local commercial streets distribute traffic to and from businesses, are short in length, and designed to encourage through-traffic.

Lot.

Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under this subdivision ordinance, and having its principal frontage upon a street or officially approved place.

Lot lines.

The lines bounding a lot as defined herein.

Lot of record.

A lot that is part of a subdivision, a map of which has been recorded in the office of the county Clerk.

Lot width.

The mean distance between side lines measured at right angles to the depth.

Lot, corner.

A lot situated at the junction of two or more streets.

Manual on Uniform Traffic-Control Devices.

A corner lot shall be deemed to front on the street on which it has its smallest dimensions, or as otherwise designated by the planning and zoning commission.

Lot, depth.

The mean distance from the front street line to the rear line.

Lot, interior.

A lot, the side line of which does not abut on any street.

Lot, key.

A corner lot that is designed such that the lots located directly behind it face the side street of the corner lot and are not separated by an alley.

Lot, through.

An interior lot having frontage on two streets.

The Manual on Uniform Traffic-Control Devices, or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), part 655, subpart F.

Marginal access street.

A marginal access street is parallel to and adjacent to an arterial street, and primarily provides access to abutting properties and protection from through traffic.

Minor plat.

A plat dividing land into no more than four (4) lots that meets the submission and approval requirements of section 10.02.095 minor plat. Such a plat is also considered a final plat.

Park, playground, or community center, public.

An open recreational facility or park owned and operated by a public agency such as the town or the school district, and available to the general public.

Pavement width.

The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of the curbs.

Perimeter street.

A street that abuts a parcel of land to be subdivided on one side.

Person.

An individual, firm, association, organization, partnership, trust, foundation, company or corporation.

Planning and zoning commission.

The planning and zoning commission of the town.

Planning manager.

The person(s) so designated by the town manager as planning manager of the Town of Fairview, Texas.

Plat.

A plan detailing a property's exact layout and proposed development into one or more lots, blocks, streets, parks, school sites, easements, alleys and/or any other elements as required by this ordinance.

See amending plat.

See final plat.

See minor plat.

See preliminary plat.

Preliminary drainage plan.

This plan shows the watershed affecting the development and how the runoff from the fully developed watershed will be conveyed to, through, and from the development see section 10.02.150(i) preliminary drainage plan for details.

Preliminary plat.

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 view 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 the proposed development. The preliminary plat shall serve as a means for the town to review and study the proposed division of land and/or improvements. See section 10.02.093 preliminary plat.

Preliminary utility plan.

A plan detailing both water utility and wastewater utility requirements. See section 10.02.148(c) preliminary utility plan for details.

Private street.

See street, private.

Proportionality/proportional share.

The developer's portion of the costs of an exaction or public improvement.

Public improvement.

Any Improvement, facility, or service together with its associated public site, right-of-way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the town ultimately assumes the responsibility, upon a letter of final acceptance being issued, for maintenance, operation and/or ownership.

Record drawings.

A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development. A record drawings reflects the construction plans (or working drawings) used, corrected, and/or clarified in the field.

Record plat.

See final plat.

Replat.

The re-subdivision of any or part or all of any block or blocks of a previously platted subdivision, addition, lot, or tract, that is beyond the definition of an amending plat and which does not require the vacation of the entire preceding plat. Such plat also conforms to section 10.02.096 replat of this subdivision ordinance. A replat can function as a final plat for a property.

Residential street.

A street that is intended primarily to serve traffic within a neighborhood or residential zoning district and which is used primarily for access to abutting properties.

Residential use.

Residential use means use of a structure as a residence.

Residential zoning district.

Residential district means a single-family, patio home, duplex, townhouse, multifamily, or manufactured home zoning district.

Responsible official.

The town staff person who has been designated by the town manager to accept a type of development application for filing, to review and make recommendations concerning such applications, and where authorized, to initially decide such applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of development applications. Also includes any designee of the designated town staff person.

Retaining wall.

A nonbuilding, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures, and vehicles.

Right-of-way.

A parcel of land occupied or intended to be occupied by a street or alley.

A right-of-way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.

Rural residential street.

The use of right-of-way shall also include parkways and medians outside of pavement.

(4)

For platting purposes, the term "right-of-way" shall mean that every right-of-way shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

A rural residential street is a street used primarily for access to abutting residential properties.

Security.

The financial guarantee provided by an applicant that secures the construction of public improvements.

Setback line.

A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot.

Site plan.

A site plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development and is associated with the zoning ordinance as it currently exists or may be amended.

Sketch plan.

A sketch or informal plan prepared before the preparation of the or preliminary plat describing the proposed design of the subdivision to be reviewed during the pre-application review process.

Street.

A public right-of-way that provides vehicular traffic access to adjacent lands.

Street right-of-way width.

The shortest distance between the property or easement lines that delineates the right-of-way of a street.

Street, private.

A privately owned street within a subdivision for which the private owners assume full responsibility for maintenance and controls and that has not been dedicated to the use of the public. This term is inclusive of related alleys. Private streets are local streets allowed in gated planned unit developments (PUDs) with homeowners' associations that maintain them.

Structure.

Anything constructed or erected that requires location on the ground or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary of retaining walls, sidewalks, and curbs.

Subdivider.

Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision.

In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner of land to be subdivided.

Subdivision.

The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include re-subdivision.