For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTANCE OF COMMUNITY FACILITIES. The written notification from the City Engineer to the developer which constitutes the city's acceptance for the ownership and maintenance of the community facilities or public improvements after the facilities are constructed and approved. The acceptance shall not constitute a waiver of any warranties for materials or workmanship either expressed or implied.
ADJACENT PROPERTY OWNER. The owner of the property that shares a property line with the subject property or abuts the opposite side of a right-of-way.
ALLEY. See UNOPENED STREET.
APPROACH MAINS.
(1) Water. The off-site main required to connect a development to a source of ample supply. It shall be not less than eight inches in diameter and of a size large enough to serve both the development for which service is requested and adjoining areas, as determined by the City Engineer.
(2) Sewer. The sanitary sewer required by the City Engineer to serve the entire drainage area in which it is constructed, both inside and outside of a developer's property, under ultimate development conditions, to connect sanitary sewer facilities in the development to the city's sanitary sewerage system.
AS-BUILT PLANS. Plans of record that include any significant changes that occurred during construction from the plans as they were originally approved by the City Engineer.
BOUNDARY FACILITY SERVICE CONNECTIONS. Service connections located outside the development for which the approach main or boundary facility is constructed, and connected directly to the approach main or boundary facility.
BUILDING OFFICIAL. The Building Official holds senior level responsibility for coordinating and controlling building inspection activities to meet all the provisions of this code and any other ordinance of the city regarding structural, electrical, plumbing and zoning regulations. The BUILDING OFFICIAL is charged with the responsibility of issuing building permits and certificates of occupancy in conformance with the code of ordinances and any other ordinance and policy of the city.
CITY. The city together with its governing body, duly authorized boards, agents, officials and employees.
CITY ENGINEER. That person or group of persons or consultants or any employee thereof that has been appointed as City Engineer, or his or her duly authorized representative. The CITY ENGINEER shall be responsible for approving all phases of engineering plans, specifications, profiles, and design criteria for the installation and development of all community facilities in the city. The CITY ENGINEER shall be responsible for issuing a letter of satisfaction and acceptance of the community facilities upon final inspection.
CITY REQUIREMENTS. The design and construction standards, code provisions, ordinances, policies, approved plans and specifications, profiles, grades, lines and agreements as required for the construction of community facilities.
CITY SECRETARY. That person appointed by the City Council under the authority of the city charter and includes any deputies appointed by the City Council to fulfill a given duty or function in the absence of the CITY SECRETARY.
COMMERCIAL DEVELOPMENT. This designation shall apply to all properties, other than residentially zoned properties, which require extensions of community facilities due to new construction or expansion of existing improvements on the property.
COMMERCIAL ESTABLISHMENT. Any establishment other than a one- or two-unit residence.
COMMERCIAL PROPERTY. Any property of zonings not included in the definition of "residential property."
COMMISSION. The Planning and Zoning Commission, used interchangeably.
COMMUNITY FACILITIES. Any facility which is to be used by or benefits the public and dedicated to the city for the public's use to include, but not limited to, water mains, sewer mains, streets, alley, curbs, gutters, and storm drains.
COMPREHENSIVE PLAN. The comprehensive plan of the city and adjoining areas adopted by the Planning and Zoning Commission and approved by the City Council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, streets, parks and other public and private developments and improvements.
CONTRACTOR. The person, persons, firm or corporation, which is or will be engaged in the actual construction, building, laying, rebuilding or repairing of streets, alleys, thoroughfares, curbs, gutters, sewer mains, water mains, and/or any community facility.
DEDICATED STREET or ALLEY. Any street or alley for which the right-of-way has become public property through platting, deed, or public usage as defined by law.
DESIGN ENGINEERING. Consisting of all necessary studies, tests, preliminary plans, and the like necessary for the preparation of complete plans, specifications and contract documents meeting the approval of the city.
DEVELOPER. A person, firm, corporation or other legal entity, or his or her designee undertaking construction of private or public improvements to property. This includes any facilities which will be dedicated to the public or any private construction which requires a building permit.
DIRECTOR OF PUBLIC WORKS. The designated city official, under the supervision of the City Manager, carrying the title of Director of Public Works and charged with enforcing the provisions of this chapter. The DIRECTOR OF PUBLIC WORKS or his or her designated representative shall be responsible for enforcing the rules, regulations, standards, specifications for the construction and installation of all community facilities, including those related provisions contained in the subdivision ordinance and the community facilities policy.
DRIVEWAY. That portion of a parking lot, private road, or private access that consists of a travel lane opening onto a public street.
DWELLING UNIT. That area set aside for single-family living. A single-family residence would be one DWELLING UNIT; a duplex would be two DWELLING UNITS; and each apartment of an apartment house complex would be a separate DWELLING UNIT.
EASEMENT. The right to use property of another for a specific purpose, such as the rights of access of an individual, the public or a franchise agent of the city, or a private access easement to another property owner, but shall not include fee title to lands. The intended use of all easements shall be designated on the plat.
ENGINEER. A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice as a registered professional engineer.
ENGINEERING PLANS or CONSTRUCTION PLANS. A graphic depiction of the proposed facilities designed by an engineer which shows in detail and to scale sufficient information so that the facility can be constructed according to the design. The plans shall be drawn according to conventional drafting practices. Each page of the plans shall be stamped by an engineer.
EXISTING DEVELOPED RESIDENTIAL AREA. This designation shall apply to defined areas in which at least 51% of the lots of record already have existing improvements and in which a community facility is required for the benefit of the area as a whole.
EXTRATERRITORIAL JURISDICTION. The unincorporated area which is contiguous to the corporate limits of the city, and not a part of any other city, as established under "Extraterritorial Jurisdiction of Municipalities," being Tex. Loc. Gov't Code Chapter 42, as heretofore or hereafter amended.
FEMA. Federal Emergency Management Agency.
FLOODPLAIN, 100-YEAR. Any land area susceptible to being inundated by water from any source at a frequency of more than once per 100 years, as determined by the most recently adopted flood insurance rate map produced by the Federal Emergency Management Agency.
FLOODWAY. The channel of a watercourse and portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood, as determined by the most recently adopted floodway flood boundary and floodway map produced by the Federal Emergency Management Agency.
LOT. An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be improved, offered for sale, conveyed, or transferred; 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 of record.
OFFICIAL CITY OF CLEBURNE MAP. The map of the city adopted by City Council on February 12, 1957. This map should only be used to determine if platting is required under §§ 154.020 et seq.
ON-SITE MAINS.
(1) Water. An on-site water main is one that provides service within a development or subdivision.
(2) Sewer. An on-site sanitary sewer main is one designed to serve the entire stormwater area in which it is to be constructed, both inside and upstream from all or part of the developer's property, under ultimate development conditions, but which is located entirely within the limits of the development.
OPEN STREET or ALLEY. Any street or alley for which the right-of-way has become public property through platting, deed, or public usage as defined by law, and is presently being used.
PARKWAY. That portion of a street right-of-way that is between the edge of the street and the property line.
PLANNING AND ZONING COORDINATOR. That person appointed by the Public Works Director under the authority of the city charter and city ordinances.
PLANNING COMMISSION. The Planning and Zoning Commission.
PLAT. A drawing prepared by a surveyor which shall accurately describe all of the subdivision or addition by metes and bounds and locate the same with respect to the nearest monument of record, giving
the dimensions thereof of the subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.
(1) APPROVED PLAT. A plat that has been approved by the Planning and Zoning Commission and/or the City Council.
(2) PRELIMINARY PLAT. The plat of any lot, tract, or parcel of land that is not to be recorded of record, but is only a proposed division of land for review and study by the city.
(3) FINAL PLAT. The final plat shall be any approved plat of any lot, lots, tract, or parcel of land requested to be recorded in the records of the Johnson County Courthouse.
(4) REPLAT. The rearrangement of any part or all of any lot, lots, block or blocks of a previously platted subdivision, addition, lot or tract in accordance with the provisions of this chapter and state statute.
REFUNDABLE APPROACH MAIN. An approach main, either sewer or water, that is paid for by the developer, and a special contract agreement has been signed between the developer and the city stating the conditions of the refund to the developer when another user connects to the approach main.
REGULATORY (100-YEAR) FLOOD. A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The REGULATORY FLOOD generally occurs once approximately every 100 years as determined from an analysis of floods on a particular stream and other streams in the same general region.
RESIDENTIAL DEVELOPMENT. Any platted residential property along a street where the greater portion of the property footage between two intersecting streets is owned by the individual or firm developing all or any part of the lots, or any residential platting.
RESIDENTIAL PROPERTY. Property zoned for single-family or two-family residential use.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established as 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. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other uses involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
SCHEMATIC DRAWING. A single line sketch showing the approximate locations of existing and proposed facilities (water, sanitary sewer, open and closed storm sewer, streets and the like) without the benefit of detail drafting.
SERVICE CONNECTIONS.
(1) Water. The connection between a water main and the water meter through which a given property is supplied with water.
(2) Sewer. That portion of the house sewer located in the roadway of a public street between the main or lateral sanitary sewer in such street and a point approximately three feet behind the curbline of such public street nearest to the site to be served, or to that portion of the house sewer located in a public alley, or to the tap installed for connection to a sanitary sewer located in the parkway of a public street or in an easement.
SIDE LOT. Residential property abutting two streets at their intersection, with the longer street frontage being the side of the lot.
SINGLE CUSTOMER. An existing occupied residential establishment or an existing commercial establishment not presently connected to the city's water and/or sanitary sewerage systems.
SKETCH PLAN. A concept or rough layout of the proposed development plans for use in the preapplication conference to be submitted by the developer or subdivider at a size and scale of his or her own discretion.
STREET. A public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, private place, or however otherwise designated (see also UNOPENED STREET). The following are types of STREETS:
(1) ACCESS ROAD. A road or street that provides access to adjacent properties along a freeway or limited access thoroughfare.
(2) BORDER STREET. A street which divides properties under separate ownership.
(3) COLLECTOR STREET. A street which is continuous through one or more residential districts and is intended as a connecting street between residential districts and arterial streets.
(4) CUL-DE-SAC. A street which terminates at one end with a turn-around.
(5) FREEWAY or EXPRESSWAY. A highway designed for movement of large volumes of traffic between areas and around and across the city and which does not provide access directly to adjacent land.
(6) LOCAL STREET. A street which is intended primarily to serve traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.
(7) OFF-SITE STREET. A street providing access from a subdivision to a collector or major thoroughfare.
(8) PERIMETER STREET. Existing street adjacent to the property line.
(9) RESIDENTIAL STREET. See LOCAL STREET.
(10) THOROUGHFARE (MAJOR STREET). Principal traffic thoroughfares more or less continuous across the city, which are intended to connect remote parts of the city or areas adjacent thereto, and act as principal connecting streets with state and federal highways. MAJOR STREETS are designated on the thoroughfare plan of the city as minor arterial and principal arterial streets.
(11) INDUSTRIAL OR COMMERCIAL STREET. A street intended primarily to serve traffic within an area of industrial or commercial development. INDUSTRIAL OR COMMERCIAL STREETS shall be designed and built to the equivalent of a collector street.
(12) LEGACY ROAD. An existing street within the Legacy Road Overlay, as established in the Master Thoroughfare Plan, which has a volume of less than 2,000 vehicles per day, serves a developed, mostly residential area, and has an existing right-of-way of less than 50 feet.
STREET CONSTRUCTION, NEW. Paving a street that has not previously been paved, or which has been surfaced, but which is not to city specification.
STREET RECONSTRUCTION. Widening and/or reconstruction of an existing street which has an existing surface on city grade.
SUBDIVIDER. A person, firm, corporation or other legal entity undertaking the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for the purpose of transfer of ownership or development, whether immediate or future.
SUBDIVISION. The division of any tract of land situated within the corporate limits, or within the city's extraterritorial jurisdiction, into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to the city or for laying out suburban lots or building lots, or any lots and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, for the purpose of transfer of ownership or development, whether immediate or future. SUBDIVISION includes resubdivision, but it does not include the division of land for agricultural purposes into parcels or tracts of ten acres or more which does not involve the creation of any new street, alley, or easement or access or building sites.
SURVEYOR. A registered public surveyor as authorized by the state statutes to practice the profession of surveying.
UNOPENED STREET or ALLEY. Any dedicated street or alley which is not being used by vehicular traffic.
USGS. United States Geodetic Survey.
('68 Code, App. B, § 1.04) (Ord. 8-1989-34, passed 8-8-89; Am. Ord. 04-2022-40, passed 4-26-22)