§ 1.14. Definitions.

For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory, while the word "may" is merely directory.

1.

Addition. A lot, tract or parcel of land lying within the corporate boundaries or extraterritorial jurisdiction of the City which is intended for the purpose of subdivision or development.

2.

Administrative Officers or Officials. Any officer of the City referred to in this Ordinance by title, including, but not limited to, the City Manager, City Engineer, Municipal Development Director, City Secretary, Fire Chief, Police Chief, Public Works Official and Chief Building Official shall be the person so retained in that position by the City, or his or her duly authorized representative. This definition shall also include civil engineering, planning, legal, financial, traffic engineering and other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City.

3.

Alley. A minor public right-of-way which provides a secondary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties that derive primary access from a street and which connects between two public streets. An alley is not a street as defined in this article and any lot frontage on an alley cannot be used for meeting lot frontage requirements. The length of an alley segment is to be measured from the right-of-way lines of the streets from which the alley is provided access, or from the center point of an intersection with another alley which connects to a street.

4.

Amended or Amending Plat. A revised plat correcting errors or making minor changes to a recorded plat in accordance with TLGC Ch. 212.016) (see also: Minor Plat and Replat).

5.

Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this Ordinance.

6.

Applicant. A person, property owner, agent, or entity that has the legal entitlement or authority to submit an application for an approval required by this Ordinance. Also sometimes referred to as "developer", "subdivider", or other similar term.

7.

Application. A written request utilizing a city approved form along with all of the technical data and submittals necessary for an approval required by this Ordinance.

8.

Approval (by City Council). Reference to approval by the City Council in this ordinance shall apply to construction plats and certain replats which require either a public hearing or to be approved by a super majority (75% of the members) and shall not apply to final plats which is a simple administrative approval function of the Planning and Zoning Commission authorized by the City Council.

9.

Approval (by the Planning and Zoning Commission). The Planning and Zoning Commission serves in an advisory capacity to the City Council and shall be responsible for recommending approval (either with or without conditions) to the City Council with regard to construction plats, development plats and certain replats which require either a public hearing or to be approved by a super majority (75% of the members). The Planning and Zoning Commission is the final authority responsible for approving final plats. The Commission's decision to deny any type of Final Plat may be appealed to the City Council upon submission a written request within ten (10) calendar days of the Commission's ruling, otherwise the decision is final.

10.

Assurance. See Section 6.2.

11.

Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

12.

Block Length or Street Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection center point of one through street to the intersecting center point of another street, or to the midpoint of a cul-de-sac. The through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped street, but shall be a street which clearly has two points of ingress from two different directions.

13.

Bond. Any form of a surety bond in an amount and form satisfactory to the City.

14.

Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street right-of-way line, easement, property line, creek, or some other specific boundary feature.

15.

Capital Improvements Budget. The annual budget appropriated or allocated towards the funding of the construction of projects identified in the Capital Improvements Program (CIP).

16.

Capital Improvements Program (CIP). The official proposed schedule, if any, of all future public projects listed together with cost estimates, as adopted by City Council.

17.

City. The City of Terrell, Texas.

18.

City Attorney. The term "City Attorney" shall apply only to such attorney, or firm of attorney, that has been specifically employed by the City to assist in legal matters. This term shall also apply if the City retains a person to perform the functions of City Attorney as an official City employee.

19.

City Council. The duly elected governing body of the City of Terrell, Texas.

20.

City Engineer. The term "City Engineer" shall apply only to such licensed professional engineer, or firm of licensed professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters. This term shall also apply if the City retains a person to perform the functions of City Engineer as an official City employee.

21.

City Manager. The person holding the position of the City's chief executive officer (e.g., City Manager), as appointed by the City Council, as the term is applicable to the City's form of management (per the City Charter).

22.

Commission. The Planning and Zoning Commission of the City.

23.

Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council, including all its revisions and Plan elements (including, but not limited to, the Future Land Use Plan, Thoroughfare Plan, Parks and Open Space Plan, etc.). This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water and wastewater facilities, and other public and private developments and improvements.

24.

Concept Plan. An exhibit accompanying an application for a Zoning Change request inside the corporate city limits in which a drawing of the overall conceptual layout of a proposed development, with sufficient details to show the anticipated plan of development. All platting must be in substantial conformance with the approved zoning concept plan (see separate Zoning Ordinance as adopted or amended).

25.

Construction Plat (also "Preliminary Plat" ). A preliminary plan subject to City Council approval of the proposed overall plan for subdividing, improving and developing a tract, showing in plan view the proposed street and lot layout, easements, dedications, topography, drainage, storm water management, water and sewer services and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development. Commercial construction plats shall also show a complete site plan of the development to include all structures, fire lanes, fire hydrant locations, parking, access, landscaped areas, loading areas, screening, fence locations, dumpster enclosures, signage, etc. Construction Plats shall include civil engineering plans for public improvements to be submitted along with the plat, in order to proceed with construction of the subdivision and its associated public improvements, subject to any additions, alterations, plan approval, construction release and final acceptance of public improvements by the City Engineer. Upon acceptance of the public improvements by the City a final plat may be prepared for approval and recording.

26.

Contiguous. Lots are contiguous when at least one boundary line or point of one lot touches a boundary line, or lines, or point of another lot.

27.

Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be measured from the intersection centerpoint of the adjoining through street to the midpoint of the cul-de-sac bulb.

28.

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

29.

Easement. The word "easement" shall mean an area for restricted use on private property upon which the City or a public/private utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and other improvements or growths which in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within said easements. The City and public/private utilities 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 their respective systems without the necessity at any time of procuring the permission of anyone.

30.

Engineer. A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering.

31.

Engineering Plans or Drawings. The civil engineering plans, maps, and drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision in accordance with the requirements of the City as a condition of approval of the plat.

32.

Escrow. A deposit of cash with the City in accordance with this Ordinance.

33.

Exactions. Contributions of land, improvements or cash (such as, parkland, future school sites, trails, off-site roadway improvements, storm water and drainage systems, oversizing water or sewer lines, off-site utility improvements, escrowed funds, etc.) provided by a developer and offered to be dedicated to the city to satisfy the requirements of this Ordinance. Exactions are actual physical improvements, escrowed monies, or dedications of real property which are collected from a developer/builder for the purpose of future construction of public improvements or purchasing land that are based on the rough proportionality of the demand for these services created by the new development.

34.

FEMA. The Federal Emergency Management Agency of the U.S. Government.

35.

Final Plat (also "Record Plat" or "As-Built 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 registered surveyor or engineer, with the subdivision location referenced to a survey corner, and with 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 land records of Kaufman County, Texas. Amended plats, replats, and minor plats are also considered types of final plats.

36.

Governing Body. The City Council of the City of Terrell.

37.

Improvement or Developer Agreement. A contract entered into by the applicant and the City, by which the applicant promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval.

38.

Land Study. This is the same as the initial engineering plans and site plan submitted in conjunction with the Construction Plat.

39.

Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, nonresidential and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, or by actual experience and practice in the field of land planning, and who may be certified as a member of the American Institute of Certified Planners (AICP).

40.

Lot (also Lot of Record ). A platted divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract and which is identified by a lot and block number or symbol in a duly approved subdivision plat which has been properly filed of record at the County.

41.

Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof), dedication of rights-of-way, easements or the extension of a municipal facility as required by this or any other City ordinance and are required to be approved by the Planning and Zoning Commission or City Council.

42.

Major Subdivision. This is the same as a "Major Plat".

43.

Minor Plat. A subdivision involving four (4) or fewer lots, provided that the plat does not create any new street, right-of-way, easement nor the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services, and all lots will have access from a public roadway that has already been improved to City standards. Minor plats are administratively approved by designated City staff in accordance with this Ordinance.

44.

Minor Subdivision. This is the same as a "Minor Plat".

45.

Municipal Development Department. The term "Municipal Development Department" (MDD) shall apply only to such practicing, professional land planner, or firm of professional land planners, that has been specifically employed by the City to assist in planning and zoning related matters. This term shall also apply to any official City employee in the Municipal Development Department.

46.

On-Site Facilities or Improvements. These are the existing or proposed facilities or improvements constructed within the property boundaries of the plat, and the existing or proposed facilities required to be constructed or improved immediately adjacent to the property that are needed to serve the development. Facilities and improvements include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage facilities, sidewalks, screening devices, and curbs and gutters.

47.

Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat, and are not required to be constructed or improved immediately adjacent to the property to serve the development. These include street improvements (i.e. oversizing, turn lanes, medians, signaling, etc.), sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development. The City is not obligated to bring offsite services to a development unless one of the following funding mechanisms has been approved and executed by the City: A Developer's Agreement (DA) which provides for this provision in a cost sharing agreement, Tax Increment Finance (TIF) application, Economic Development Incentive (EDC) package or other formal funding instrument.

48.

Overlength Street (or Alley). A street segment, or a cul-de-sac or alley segment, which exceeds the maximum length allowed by this Ordinance, as measured along the centerline of the street from the intersection centerpoint of one through street, which shall not be a cul-de-sac or dead-end or looped street, to the intersecting centerpoint of another through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an alley segment, the measurement shall be to the right-of-way lines of the streets from which the alley is provided access, including any alley turnouts, or from the centerpoint of an intersection with another alley which connects to a street.

49.

Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the back of one face curb to the back of curb.

50.

Perimeter Street. Any existing or planned street which is adjacent to the subdivision or addition to be platted.

51.

Person. Any individual, association, firm, corporation, governmental agency, political subdivision, or legal entity of any kind.

52.

Planning and Zoning Commission. The Planning and Zoning Commission of the City of Terrell, Texas.

53.

Plat. This means a construction plat, final plat, development plat, minor, amended plat or replat, as determined by the context.

54.

Preliminary Plat. This is the same as a "Construction Plat". (See "Construction Plat".)

55.

Private Street. A private vehicular access way, including private alleys, that is shared by and that serves two or more lots, which is not dedicated to the public, and which is not publicly maintained. Subdivision plats with proposed private streets will be required to be submitted with a private Property Owner's Association Agreement with adequate provisions for private maintenance of private streets, alleys and other common areas.

56.

Property Owner (also known as "Applicant" or "Subdivider" or "Developer" ). Any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. In any event, the term "property owner" shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.

57.

Public Improvements. Facilities, infrastructure and other appurtenances, typically owned and maintained by the City (but not necessarily located upon City-owned property or right-of-way, public improvements can be located upon private property), which serve a public purpose in providing a needed service or commodity, such as wastewater collection and treatment and water storage and distribution, and which protect the general health, safety, welfare and convenience of the City's citizens, including efficiency in traffic circulation and access for emergency services. Required public improvements may include, but shall not be limited to, street and alley paving, including any necessary median openings and left turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer lines and lift stations; storm drainage structures and storm water management devices; water quality and erosion controls; screening and retaining walls; fire lane paving and fire hydrants; landscaping, where such is used for required screening or other required landscaped area, and associated irrigation system; and any required public sidewalks, street lights and street name signs. The term "public improvements" shall not include facilities or infrastructure of private providers of utility services other than water and wastewater, but shall be deemed to include facilities and infrastructure that the City would normally require of a development but which will be owned and maintained by an entity such as a homeowners association, as in the case of private streets.

58.

Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract. A replat is a type of Final Plat which may require a public hearing and be approved by the City Council in accordance with State law.

59.

Review. Shall be construed to mean "to read, analyze, assess and act upon" a development application.

60.

Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and gas facilities, water and sanitary and storm sewer facilities; and any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels. Right-of-way may be owned by a local, state or federal government or agencies, railroads, or utility companies. (See "easement" for comparison.)

61.

Standard Street. A standard street is a street or road that meets or exceeds the minimum specifications in the City's standard street specifications, and which is constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan and constructed according to the adopted TCSS.

62.

Street. A right-of-way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

a)

Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the City, and including freeways or highways leading to other communities.

b)

Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.

c)

Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting adjacent property.

d)

Private streets are streets which are owned and maintained by a homeowners association or property owners association, and which are not dedicated to the public.

63.

Street Improvements. This means any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare, and including, but not limited to, curbs and gutters, walkways (sidewalks), drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation.

64.

Street Length. This means the same as "Block Length".

65.

Street Right-of-Way. The width of the right-of-way for any roadway is the shortest perpendicular distance between the lines which delineate the rights-of-way of the street.

66.

Subdivision (also known as "Addition" ). A division or re-division of any tract of land situated within the City's corporate limits or its extraterritorial jurisdiction into two or more parts, lots or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. "Subdivision" includes re-subdivisions of land or lots which are part of a previously recorded subdivision.

67.

Submission Date. The submission date is when all necessary forms, fees, plans, information and copies have been submitted to the City, previewed for completeness, and deemed as "complete" by action of issuance of a fee receipt by the City.

68.

Substandard Street. An existing street or road that does not meet the minimum specifications in the City's standard street specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan.

69.

Surety (or "Security" or "Assurance" ). See Section 6.2.

70.

Surveyor. A licensed land surveyor or a registered public land surveyor, as authorized by State statutes to practice the profession of surveying.

71.

SWPPP. A Stormwater Pollution Prevention Plan (as in a set of engineering construction plans).

72.

TCSS. The City of Terrell's Technical Construction Standards and Specifications (TCSS), a copy of which is maintained and available for inspection at the City Hall, and is incorporated herein by reference. The TCSS shall be comprised of the current edition. North Central Texas Council of Governments' (NCTCOG's) "Standard Specifications for Public Works Construction", as amended. The TCSS shall include any additional or locally amended provisions or policies the City of Terrell implements that pertain to the construction of site improvements such as street, fire lanes, parking lot, driveway and sidewalk paving, storm drainage structures, utility lines and facilities, screening walls/fences, retaining walls, landscaping and irrigation improvements, street lighting or signage, restricted access (gated) entrances to any type of development, and other similar improvements.

73.

TCEQ. The Texas Commission on Environmental Quality.

74.

Temporary Improvements. Improvements built and maintained by the property owner that are needed to remedy a circumstance that is temporary in nature, such as a temporary drainage easement or erosion control device, that will be removed upon completion of the subdivision or shortly thereafter.

75.

U.S. Army Corps of Engineers. The civil engineering branch of the U.S. Government.

76.

Yard. The open area between building setback lines and lot lines.