For the purpose of this subdivision ordinance, certain terms
and words are herewith defined and shall have the meaning here applied;
any word not defined herein shall be determined by the town council.
Abutting.
Adjacent, adjoining, and contiguous to. It may also mean
having a lot line in common with a right-of-way or easement, or with
a physical improvement such as a street, waterline, park, or open
space.
Access.
A means of approaching or entering a property, or the ability
to traverse a property (such as in the use of the phrase "pedestrian
access easement").
Alley.
A 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.
Amending plat.
An amending plat applies minor revisions to a recorded plat consistent with provisions of state law. See section
10.02.097 amending plat.
Applicant.
The person or entity responsible for the submission of an
application. The applicant must be the actual owner of the property
for which an application is submitted, or shall be a duly authorized
representative of the property owner. Also see developer.
Application.
The package of materials, including but not limited to an
application form, plat, completed checklist, tax certificate, construction
plans, special drawings or studies, and other informational materials,
that is required by the town to initiate town review and approval
of a development project.
Application form.
The written form (as provided by and as may be amended by
the planning manager that is filled out and executed by the applicant
and submitted to the town along with other required materials as a
part of an application.
Approval.
(1)
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.
(2)
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 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.
Certificate of occupancy.
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.
Collector street.
A street designed or used to carry traffic from local streets
to arterials.
Commission.
The planning and zoning commission of the town.
Comprehensive plan.
(1)
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.
(2)
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.
(3)
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.
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.
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.
Developer.
(1)
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.
(2)
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.
(1)
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.
(2)
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.
(3)
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.
ETJ.
See extraterritorial jurisdiction (ETJ).
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.
Final acceptance.
The acceptance by the town of all infrastructure improvements
constructed by the developer in conjunction with the development of
land.
Final plat.
(1)
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.
(2)
The final plat of any lot, tract, or parcel of land shall be
recorded in the deed records of Collin County, Texas.
(3)
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.
Homeowners' or property owners' association.
(1)
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.
(2)
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.
(3)
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.
Letter of final acceptance.
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.
(1)
Residential local streets. Local residential streets
distribute traffic to and from residences, are short in length, and
designed to discourage through-traffic.
(2)
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.
(1)
A lot situated at the junction of two or more streets.
(2)
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.
Manual on Uniform Traffic-Control Devices.
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.
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.
Person.
An individual, firm, association, organization, partnership,
trust, foundation, company or corporation.
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.
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.
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.
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 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.
(1)
A parcel of land occupied or intended to be occupied by a street
or alley.
(2)
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.
(3)
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.
Rural residential street.
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.
(1)
Any person or any agent thereof, dividing or proposing to divide
land so as to constitute a subdivision.
(2)
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.
(1)
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.
(2)
Any other subdivision or re-subdivision of land contemplated
by the provisions of chapter 212, Local Government Code.
Subdivision ordinance.
The adopted subdivision ordinance of the town, as may be
amended in the future, and may be referred as "this ordinance."
Subdivision plat.
A plat (i.e., preliminary plat, final plat, minor plat, replat,
or amending plat) established in LGC 212 involving the subdividing
of land in two (2) or more parts or the amending of a recorded plat.
Suburban residential street.
A suburban residential street is a street used primarily
for access to abutting property especially residential areas and channel
traffic from collector streets. Suburban residential 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.
Surveyor.
A licensed state land surveyor or a registered public land
surveyor, as authorized by the state to practice the profession of
surveying.
Town.
The Town of Fairview, Texas, together with all its governing
and operating bodies.
Town attorney.
The person(s) so designated by the town council to provide
oversight for and have legal responsibility for the town. This term
shall also include any licensed attorney designated by the town attorney.
Town council.
The duly elected governing body of the Town of Fairview,
Texas.
Town engineer.
The person(s) so designated by the town manager for mapping
and supervision of municipal construction projects.
Town manager.
The officially appointed and authorized town manager of the
Town of Fairview, Texas, or the town manager's duly authorized
representative.
Town secretary.
The person(s) so designated by the town manager to provide
clerical and official services for the town council. This term shall
also include any designee of the town secretary.
Transportation plan.
The plan that guides the development of adequate circulation
within the town, and connects the town street system to regional traffic
carriers. Also, referred to as the thoroughfare plan or master thoroughfare
plan.
Tree survey.
The plan that is required to be submitted that identifies
the current location of trees in the proposed site. Refer to the Town
of Fairview Code of Ordinances Natural Resource Management and Tree
Protection.
Usable open space.
An area or recreational facility that is designed and intended
to be used for outdoor living and/or recreation. Usable open space
may include recreational facilities, water features, required perimeter
landscape areas, floodplain areas, and decorative objects such as
artwork or fountains.
Vested right.
A right of an applicant requiring the town to review and
decide the application under standards in effect before the effective
date of the standards of this subdivision ordinance and/or of any
subsequent amendments.
Vested rights petition.
A request for relief from any standard or requirement of the subdivision regulations based on an assertion that the applicant (petitioner for relief) has acquired a Vested Right, such petition is regulated under section
10.02.173 subdivision vested rights petition.
Yard.
An open space other than a court, on the same lot with a
building, unoccupied and unobstructed from the ground upward, except
as otherwise provided herein. In measuring to determine the width
of a side yard, the depth of a front yard or the depth of a rear yard,
the least horizontal distance between the lot line and the main building
shall be used.
Yard, front.
A yard across the full width of a lot extending from the
front line of the main building to the front street line of the lot.
Yard, rear.
A yard across the full width of the lot extending from the
rear line of the main building to the rear line of the lot.
Yard, side.
A yard between the building and the side line of the lot
and extending from the front yard to the required minimum rear yard.
(Ordinance 2024-03 adopted 2/6/2024)