For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADDITION." One lot, tract, or parcel of land.
"ALLEY." A minor public right-of-way which affords only a secondary means of access to abutting property.
"BASE FLOOD." That flood having a 1% chance of being equalled or exceeded in any given year.
"CITY MANAGER." The individual with responsibility to review and approve plans for development projects. He serves as the enforcing officer of this chapter.
"COMMISSION." The Board of Commissioners of the City of Burkburnett.
"COMPREHENSIVE PLAN." The comprehensive plan for the physical development of the city which includes any element, unit, or part of such plan separately adopted, and any amendment to such plan or parts thereof necessary to the development of well-planned, integrated, residential neighborhoods and the development of the community.
"CROSS-WALKWAY OR PEDESTRIAN CROSS-WALK." A public right-of-way; ten feet or more in width between property lines, providing pedestrian, not vehicular, passage.
"DEVELOPMENT." Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage, or utility improvements.
"DRAINAGE WAY." Any area beneath a ground elevation defined as being the highest elevation for any one of the following:
(1) One foot above the elevation required for the peak discharge for the 100-year design flood, Alternate C, of the Flood Insurance Study, U.S. Department of Housing and Urban Development, Federal Insurance Agency.
(2) The top of the high bank.
(3) One foot above the base flood, calculated by the city's criteria.
"EASEMENT." A right granted for the purpose of limited public or semi-public use across, over, or under private land.
"ENGINEERING CONSULTANT." The individual or firm appointed by the city with responsibility for the inspection and approval of the construction of the development project.
"FLOOD PLAIN." Any land area susceptible to being inundated by water arising from a base flood topographic line.
"FLOODWAY (OR REGULATORY FLOODWAY)." The channel of a river, or other watercourse, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation higher than a designated topographic line.
"LOT." An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed on record in the County Clerk's office in Wichita County, Texas.
"MAJOR THOROUGHFARE PLAN." That part of the official map showing the location and dimensions of principal and secondary thoroughfares.
"MAY." Is permissive.
"PLAT." A subdivision plan showing lots, street reserve areas, easements, and other required information which will or has been submitted to the Commission for approval and which, if finally approved, will be submitted within the stipulated time period to the County Clerk of Wichita County, Texas, for recording.
"PLATTING." The action of securing approvals for an addition or subdivision to the city, filed for record in Wichita County.
"PUBLIC RIGHT-OF WAY." A strip of land used or intended to be used wholly or in part, as a public street, alley, walkway, drainage area, or public utility line.
"REPLAT." The resubdivision of any portion of a previously platted subdivision, addition, or any tract or parcel of land that shall change or alter, in any manner, the original plat.
"ROADWAY" or "PAVING WIDTH." The allotted section of a street used for vehicular traffic; where curbs are installed, it is the section between the face of the curbs.
"SHALL." Is always mandatory.
"STREET." A public right-of-way which provides vehicular access to adjacent land, whether designated as a street, highway, thoroughfare parkway, throughway, avenue, lane, boulevard, road, place, drive, or however otherwise designated. Street terms are defined as follows:
(1) "ARTERIAL STREETS AND HIGHWAYS." Those which are used primarily for fast or heavy traffic and includes, as indicated in the major thoroughfare plan, major and secondary thoroughfares.
(2) "COLLECTOR STREETS." Those streets indicated on the major thoroughfare plan carrying traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of all residential development and streets for circulation within such development. Collectors are those streets carrying traffic through or adjacent to commercial and industrial areas.
(3) "CUL-DE-SAC." A short, minor street having only one vehicular access to another street and terminating in a vehicular turn- around.
(4) "DEAD-END STREET." A street, other than a cul-de-sac, with only one outlet.
(5) "MAJOR STREETS." Those streets indicated on the major thoroughfare plan as adopted by the city.
(6) "MARGINAL ACCESS STREETS." Those minor streets which are parallel and adjacent to arterial streets and highways; and, which provide both access to abutting properties and protection from through traffic.
(7) "MINOR STREETS." Those used primarily for access to the abutting properties.
"SUBDIVIDER." Any individual, firm, association, syndicate, partnership, or any of their agents, dividing or proposing to divide land in a manner which constitutes a subdivision as herein defined. The term "SUBDIVIDER" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner of that land sought to be subdivided.
"SUBDIVISION." The division of any tract of land situated within the corporate limits of the city, or within one mile of said corporate limits into two or more lots for the purpose, either immediate or future, of sale or building development, expressly excluding development for agricultural purposes, and shall include resubdivision. Lots combined for use as one lot for development must be replatted into one lot and submitted to the city to obtain approval, or laying out suburban lots or building lots, along streets, alleys, parks, or other land areas intended for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto are included for regulation. Resubdivision is included. The following are not defined as a subdivision:
(1) The division of land in parcels or tracts of five or more acres in size not involving any new streets, alleys, or easements of access.
(2) Testamentary division of property; partnership division of property upon dissolution.
(3) A division of property between two or more owners of an undivided interest by court order (see separate ordinance).
(4) Notwithstanding anything contained herein to the contrary, any tract of land divided into parcels, or tracts, of five or more acres in size not involving any new streets, alleys, or easements of access shall be properly mapped, platted, and dedicated in accordance with state law.
(5) Lots combined for use as one lot for development must be replatted into one lot.
"SUBDIVISION" shall also mean the division or redivision of an existing subdivision together with any change of lot size therein or with the relocation of any street.
(Ord. 445, passed 12-21-87)