§ 1.2. Interpretation and Purpose.

In the interpretation and application of the provisions of this Ordinance, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Terrell and its extraterritorial jurisdiction. In the case of a conflict between this ordinance and the Technical Construction Standards and Specifications (TCSS), Comprehensive Plan (Future Land Use Map, Thoroughfare Plan, Capital Improvement Plan, Parks Master Plan, etc.), Zoning Ordinance, Building Codes, or Terrell Code of Ordinances the most restrictive ordinance shall prevail, however, the final determination shall be at the discretion of the City Engineer.

Minimum standards for development are contained in the City's Technical Construction Standards and Specifications (TCSS), the Zoning Ordinance, the Building Code, applicable articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive Plan (including the Future Land Use Plan, Thoroughfare Plan, Park and Open Space Plan, and other related plans) contains policies designed to achieve an optimum quality of development in Terrell and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within this Ordinance, and shall be encouraged to exceed the minimum standards required herein.

The subdivision (i.e., platting) of land is the first step in the process of development. The distribution and relationship of residential, nonresidential and agricultural uses throughout the community, along with the system of improvements for thoroughfares, utilities, public facilities and community amenities, determine, in large measure, the quality of life enjoyed by the residents of the City. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life and overall character. A community's quality of life is of the public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. The regulations contained herein are intended to encourage the development of a quality municipal environment by establishing standards for the provision of adequate light, air, open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for ensuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. Through the application of these regulations, the interests of the public, as well as those of public and private parties, both present and future, having interest in property affected by this Ordinance, are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this Ordinance further the possibility that land will be developed for its most beneficial use in accordance with existing social, economic and environmental conditions.

The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Terrell, Texas are intended to:

a.

Promote the development and the utilization of land in a manner that assures an attractive and high quality community environment in accordance with the Comprehensive Plan and the Zoning Ordinance of the City of Terrell as applicable;

b.

Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required;

c.

Protect the public interest by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services;

d.

Assist orderly, efficient and coordinated development within the City's limits and its extraterritorial jurisdiction;

e.

Provide neighborhood conservation and prevent the development of slums and blight;

f.

Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts;

g.

Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community as contained in this Ordinance;

h.

Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided;

i.

Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets;

j.

Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land;

k.

Preserve the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features;

l.

Establish adequate and accurate records of land subdivision;

m.

Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction;

n.

Protect and provide for the public health, safety and general welfare of the community;

o.

Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population;

p.

Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community;

q.

Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings;

r.

Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and

s.

Encourage the development of a stable, prospering economic environment.