For the purpose of interpreting this chapter, certain words used herein are defined as follows:
Alley.A minor public right-of-way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
City.The word "city" shall be the city of Sherman, Texas, together with its governing and operating bodies.
Clear-cutting.The indiscriminate cutting, plowing, or grubbing of trees without regard to type or size for the purpose of clearing the land.
Council.The word "council" or "city council" shall be the duly elected governing body of the city.
Critically alter.The uprooting, removing the canopy or severing the main trunk of a tree, or causing damage which may cause a tree to die. This includes but is not limited to the removal of a tree from a property, damage inflicted upon a tree by machinery, storage of materials or the compaction of soil above the root system of a tree, a change in the natural grade above the root system of a tree, or excessive pruning.
Cul-de-sac.A street having but one outlet to another street and terminated on the closed end by a vehicular turnaround.
Developer.Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. The term "developer" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be developed.
Development.The construction of new property improvements on a vacant tract of land or a redeveloping tract of land.
Drip line.A vertical line run through the outermost portion of the crown of a tree and extending to the ground. This may also be referred to as the critical root zone.
Final plat.The phrase "final plat" shall be any plat of any lot, tract, or parcel of land requested to be recorded of record in the deed records of Grayson County, Texas.
Floodplain.The area designated as being within the 100-year or 0.10 percent annual chance flood zone on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM).
Lot.A distinct and separate undivided tract or parcel of land having frontage on a public street, which is, or in the future may be, offered for sale, conveyance, transfer or improvement as a building site.
Master plan.The phrase "master plan" shall be the comprehensive plan of the city and adjoining areas as adopted by the planning and zoning commission and city council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements.
May.The word "may" is permissive.
Mitigation, Tree.The method by which trees are replaced whether through replanting on the subject property, planting or transplanting to another location or same property, or through payment of fees-in-lieu of replanting approved by the city.
Parcel of land.Land in the city of Sherman city limits or extraterritorial jurisdiction, whether platted or not platted.
Person.Any individual, association, firm, corporation, governmental agency or political subdivision.
Planning and zoning commission.The word "commission" or "planning commission" shall be the official city planning and zoning commission of the city, as appointed by the city council.
Preliminary plat.The phrase "preliminary plat" shall be any plat of any lot, tract or parcel of land that is not to be recorded but is only a proposed division of land and is presented only for review and study by the city.
Professional engineer.A person duly authorized under state law to practice the profession of engineering in the State of Texas.
Property owners' association (POA).An association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, amenities or facilities, and which operates under recorded land agreements. This term also includes homeowners' associations (HOAs) and property management corporations (PMCs) which are typically formed for multifamily and nonresidential developments.
Protective fencing.Chain link, silt fence, or other fencing used to protect preserved trees during construction activities.
Replat.The word "replat" shall be the resubdivision of any part of a previously platted subdivision, addition, lot or tract.
Shall.The word "shall" wherever used in this chapter will be interpreted in its mandatory sense.
Street perimeter buffer.A required buffer located at the perimeters of a proposed development site which is directly adjacent to a street. These areas are considered as areas of high visual impact, and preservation of existing vegetation located along the perimeter of the proposed development site is highly encouraged and used to screen the site and minimize potential nuisances between land uses.
Street.A public right-of-way, however designated, which provides vehicular and/or pedestrian access to adjacent areas.
Subdivision.The word "subdivision" shall mean the division of any lot, tract, or parcel of land situated within the corporate or extraterritorial limits of the city into two or more lots or sites for the immediate or future purpose of sale or development, or for laying out residential, commercial, or industrial lots, or any lots and streets, alleys, or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. It also includes resubdivision or replatting of land, lots, or tracts. The division of land for agricultural purposes, in parcels of five acres or more, shall not be included within this definition unless such division of five acres or more includes the planning or development of a new street, alley or access easement.
Surveyor.A licensed state land surveyor or a registered public surveyor as authorized by state law to practice the profession of surveying in the State of Texas.
Traffic impact analysis (TIA).A traffic study performed by a professional engineer to determine the existing level of service of streets and intersections and the impact a proposed development will have on those streets and intersections.
Tree fund.A city-administered fund established for collection of fees-in-lieu or replacement trees paid as mitigation and may include other contributions made in support of tree protection efforts.
Tree survey.A plan or drawing to scale that identifies the exact size, location, condition (healthy, dead, or declining), and species of protected trees.
Tree, dead (or declining).A tree that is dead or in severe decline with substantial structural defects, no remedial options available, and no chance of recovery, as determined and documented by a certified arborist or registered landscape architect.
Tree, protected.Any tree of a size and species as outlined in table 10.1 that is required to be protected under this section.
Tree, replacement.Trees planted to mitigate the loss of trees as a result of development or tree removal.
Tree, shade.The largest tree species in the landscape that provide the overhead structure needed for shading as they mature.
Tree, street.Trees planted within the right-of-way that may be located in a constrained location and should contain root systems and branch growth conducive to growth around pedestrians, vehicles, and public infrastructure.
Utility easement.An interest in land granted to the city, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.