For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory, while the word "may" is merely directory. Definitions not expressly prescribed herein are to be determined in accordance with the law. Definitions expressly prescribed herein are to be construed in accordance with the city's Zoning Ordinance, or other applicable ordinances of the city, or in the absence of those ordinances, then in accordance with customary usage in municipal planning, surveying and engineering practices.
ALLEYS. Minor dedicated ways which are used primarily for utility lines and secondarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
APPLICANT. The owner of a tract or parcel of land, or the subdivider, developer, surveyor, engineer or other authorized agent representing the owner as appropriate, who submits a plat or who is otherwise subject to the requirements of this chapter.
BLOCK. A contiguous area of land that may contain one or more lots, and which is bounded by any combination of streets, highways, railroad rights-of-way, parks or other public land, waterways, other physical barrier or exterior boundary of a subdivision.
BUILDING SETBACK LINE. The line within a property and parallel to a property line defining the minimum required horizontal distance between a building and adjacent street right-of-way line or adjacent property lines.
CITY. The City of Martindale, Texas.
CITY ADMINISTRATIVE OFFICIAL. The city official, or his or her authorized representative, designated to take action as prescribed in the ordinance for, or in, the name of the city.
CITY PLANNER. The authorized staff representative delegated to take action as prescribed in this chapter. The City Planner may be a city employee or a consultant hired as an independent contractor by the city.
CITY STAFF. Those various persons working for the city, either through direct employment or contract employment, who are so authorized to represent various work elements related to their specific expertise.
COMMISSION. The Planning and Zoning Commission of the city, and is the authority for the approval of plats under this chapter, unless otherwise stated.
COMPREHENSIVE MASTER PLAN.
(1) A statement of public policy containing the goals and objectives of the community;
(2) Capital improvements programs;
(3) Land use plan;
(4) Thoroughfare plan;
(5) Community facilities plan; and
(6) Subdivision and zoning regulations and other development codes, ordinances, policies and plans promulgated by the Council for the quality and orderly growth of the community.
CONCEPT PLAN. A scale drawing showing the overall development concept of a tract or parcel of land that is prepared for an initial application conference before a plat is submitted.
COUNCIL. The City Council of the City of Martindale.
COUNTY CLERK. The County Clerk for the county in which the land to be subdivided lies. If the land to be subdivided lies within more than one county, recording shall be effected with each County Clerk for each county.
COUNTY TAX APPRAISAL DISTRICT. Refers to the Appraisal District for the county in which the land in question lies.
DAY. Calendar day, unless otherwise specified.
DEVELOPER. A person or corporation who provides for the development of a tract or parcel of land into an area where building lots or sites are delineated and provided with street access, utilities and drainage facilities.
EASEMENT. A grant by the property owner to the public, a corporation or persons for the use of a strip or tract of land for specific purposes.
ENGINEER. A person duly authorized under the provisions of Tex. Occupation Code, Ch. 1071 as heretofore or hereafter amended, to practice the profession of engineering.
EXTRATERRITORIAL JURISDICTION (ETJ). The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, and is further determined under Tex. Loc. Gov't Code, Ch. 42.
FILE. To place among the official records as prescribed by this chapter.
LAND USE PLANNER. A person having an occupation classified as city or land planning, capable of designing the proposed subdivision, or use of real estate, and capable of professionally drawing the proposals into map or plan form.
LOT. A designated parcel of land established by a recorded subdivision plat or development plat and which may be separately owned and used, developed or built upon.
PLAT. A complete and exact subdivision plan submitted to the city for consideration and which will be submitted to the County Clerk for recording, subsequent to the fulfillment of all provisions of this chapter. PLAT includes REPLAT, in accordance with Tex. Loc. Gov't Code, § 212.001.
PRELIMINARY PLAT. An initial form of a subdivision plat required whenever public infrastructure must be constructed within the subdivision by the applicant, and is the basis for the engineering plans.
RECORD. To file an official copy of a document in the office of the County Clerk.
RECORDABLE PLAT. A final plat, replat, resubdivision plat, minor plat or amending plat, all of which are in a form containing certificates of authorization, dedication and approval in accordance with the requirements of this chapter for final plats, and which is intended to be filed for record in the office of the County Clerk.
RIGHT-OF-WAY (R.O.W.). A strip of land used or intended to be used, wholly or in part, as a public street, alley, crosswalk way, sidewalk or drainageway.
STANDARDS. The official maps, master plans, ordinances and specifications of the city.
STREETS. The portion of the dedicated right of-way to be used for vehicle traffic and may be designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
(1) MAJOR ROAD/ARTERIAL STREETS. Those which are used primarily for fast or heavy traffic and which may be designated in the comprehensive master plan as such.
(2) COLLECTOR STREETS. Those which carry traffic from minor streets to major systems of arterial streets, including, the principal entrance streets of a residential development and streets for circulation within such a development and which may be designated in the comprehensive master plan as such.
(3) MINOR STREETS. Those which are used primarily for access to abutting properties.
(4) MARGINAL ACCESS STREETS. Minor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
(5) CUL-DE-SAC. A short minor street having but one vehicular access to another street and terminated by a vehicular turn-around.
(6) DEAD-END STREET. A street, other than a cul-de-sac, with only one outlet.
(7) STREET WIDTH. Measured from back of curb to back of curb; where no curb exists, it is measured from edge of pavement to edge of pavement.
STRUCTURE. Any human-made construction composed of parts joined together, either built or moved onto a site for use, occupancy or ornamentation, and located below or on the ground or attached to something having a location on the ground.
SUBDIVIDER. Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision; in any event, the term SUBDIVIDER shall be restricted to include only the owner, equitable owner or authorized agent of the owner or equitable owner, of land sought to be subdivided.
SUBDIVISION. Includes the following when done for the present or future purpose of sale or building development of a tract of land located within the corporate limits or in the ETJ of the city:
(1) The division of any tract of land into two or more parts for the purpose of creating one or more new lots for development, or to modify an existing boundary of ownership whether or not for the purpose of development. This includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method;
(2) A resubdivision of all or part of a recorded subdivision, including the expansion of a platted lot to include adjacent unplatted land, or the creation of a new lot encompassing portions of two or more adjacent platted subdivisions;
(3) Any change in the size or shape of a previously unplatted tract through acquisition of adjacent unplatted land for the purpose of development;
(4) Any change in the size, shape or number of lots in a recorded subdivision; and
(5) The relocation of any street or other feature dedicated by a recorded plat, where the relocation alters the boundary of adjacent lots included in the same original plat, and where the lots have not been sold by the owner since the plat was recorded. This does not include simple abandonment or sale by the city of the land included in the dedicated street or other feature.
SUBDIVISION DEVELOPMENT PLAN. A plan prepared in accordance with § 154.023 to show the overall future development of a tract of land when it is proposed to be subdivided and developed in phases and only a portion of the tract is to be platted initially.
SUBDIVISION PLAT. A map of a subdivision submitted in accordance with Tex. Loc. Gov't Code, § 212.004, Subchapter A, showing the exact location and boundaries of individual parcels of land subdivided into lots, and showing blocks, streets, alleys, easements and areas for public use, as applicable. For the purpose of this chapter, the term PLAT is used in reference to any recordable plat. No subdivision plat is effective until approved by the city and filed for record in the office of the County Clerk.
SURVEYOR. A registered professional land surveyor authorized by Tex. Occupations Code, Ch. 1001 to practice surveying within the state.
UTILITIES. Include all those various facilities and elements of construction which relate to water, sanitary sewer, electrical, telephone, cable television and gas distribution, collection or transmission lines.
(Ord. 08-358, passed 11-18-2008)