For the purpose of these regulations, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as set forth in the following. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural include the singular.
ADEQUATE PUBLIC FACILITIES. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Governing Body based upon specific levels of service.
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
AREA OF BENEFIT. An area of land which is designated by the Planning and Zoning Commission as receiving benefits from or creating the need for the construction, acquisition, or improvement of a “Public Facilities Project.“
AREA-RELATED FACILITY. A capital improvement which is designated in the capital improvements program as serving new development and which is not a site-related facility. Area-related facility may include land dedication or construction of an oversized capital improvement, whether located offsite, or within or on the perimeter of the development site.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of a surety bond in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body whenever a bond is required by these regulations.
BUFFER. See External Buffer.
BUILDING. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind. Building includes the word "structure".
CAPITAL IMPROVEMENT. A public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the local government.
CAPITAL IMPROVEMENTS PROGRAM. A plan setting forth, by category public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20).
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CERTIFY. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of accuracy of the certification.
CITY. Refers to the City of Mount Pleasant, Texas.
CITY PLANNER. The officer who administers these regulations and assists administratively other boards and commissions such as the Planning and Zoning Commission.
CLUSTER ZONING. A technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.
COLLECTOR ROADS. A road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
COMMON OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
COMPREHENSIVE PLAN. A comprehensive plan for development of the local government prepared and adopted by the Planning and Zoning Commission and the City Council, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
CONCURRENCY. Requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units.
CONDOMINIUM. A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the local government as a condition of the approval of the plat.
CONTIGUOUS. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
CORPORATE LIMITS. The limits of the area occupied by a city or town.
COUNTY. Refers to Titus County, Texas.
CUL-DE-SAC. A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn around. The turn around shall have a minimum right-of-way radius of 45 feet and a minimum paved surface radius of 40 feet, measured from back of curb to back of curb, unless an equally safe and convenient form of paved space is approved by the City Council.
DESIGN CRITERIA. Standards that set forth specific improvement requirements.
DEVELOPER. The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. See “Subdivider.”
DEVELOPMENT AGREEMENT. Agreement between the Governing Body and developer through which the Governing Body agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
EASEMENT. Authorization by a property owner for another to use the owner's property for a specified purpose.
ESCROW. A deposit of cash with the local government or escrow agent to secure the promise to perform some act.
EXACTIONS. Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term includes binding contractual commitments whether by development agreement or otherwise to make future expenditures as well as any other substantial change in position.
EXTERNAL BUFFER. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multiphase or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
EXTRATERRITORIAL JURISDICTION. The land area provided in Tex. Local Gov’t Code, Chapter 42, and consisting of, "all the contiguous unincorporated area, not a part of any other city, within one mile of the "corporate limits" of the City of Mount Pleasant.
FINAL SUBDIVISION PLAT. The map of a subdivision to be recorded after approval by the Planning and Zoning Commission and the City Council and any accompanying material as described in these regulations.
FRONTAGE. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street where development shall take place on both sides.
GOVERNING BODY. The City of Mount Pleasant is the body of the local government having the power to adopt ordinances.
GRADE. The slope of a road, street, or other public way specified in percentage terms.
HEALTH, SAFETY, OR GENERAL WELFARE. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 7,000 square feet.
HIGHWAY, LIMITED ACCESS. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the traffic way.
HOMEOWNERS ASSOCIATION. See Property Owners Association.
HOUSEHOLD. Any person or persons who reside or intend to reside in the same housing unit.
HOUSING UNIT OR UNIT. A building or portion of a building which is designed for or used for residential purposes.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
INFILL DEVELOPMENT. Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.
LANDSCAPING. Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.
LOCAL GOVERNMENT. The municipality of the City of Mount Pleasant, Texas.
LOCAL GOVERNMENT ATTORNEY. The licensed attorney designated by the Governing Body to furnish legal assistance for the administration of these regulations.
LOCAL GOVERNMENT ENGINEER. The licensed engineer who furnishes engineering assistance for the administration of these regulations.
LOCAL ROAD. A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object situated on a lot.
LOW DENSITY. Those residential zoning districts in which the density is equal to or less than one dwelling unit per 10,000 square feet.
MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements.
MASTER PRELIMINARY PLAT. That portion of a preliminary plat submitted in connection with a multiphase or phased subdivision application which provides the information and graphics meeting the
requirements of this chapter for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.
METES AND BOUNDS. The boundary lines of land, with their terminal points and angles. A way of describing land by listing the compass directions and distances of the boundaries.
MINOR SUBDIVISION. Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Zoning Ordinance, or these regulations.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
MONEY IN LIEU OF LAND. Payment of money into a municipally earmarked fund to provide for acquisition of facilities off-site in place of dedicating land or providing such facility on site.
MUNICIPALITY. See Local Government.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND. A special fund established by the Governing Body to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations.
NEW DEVELOPMENT. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the City's water or sanitary sewer system.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
NOTICE OF NONCOMPLIANCE. A notice issued by the City Planner informing the applicant for approval of a major subdivision that the sketch plat is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.
NOTICE TO PROCEED. A notice issued by the City Planner informing the applicant for approval of a major subdivision that the sketch plat is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
OFFICE DEVELOPMENT PROJECT. Any new construction, addition, extension, conversion, or enlargement, or combination thereof, of an existing structure which includes any gross square feet of office space.
OFFICIAL MASTER PLAN. See Master Plan.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNED UNIT. A designated unit which is a condominium, stock cooperative, or community apartment.
OWNER. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of Same Ownership.
PERFORMANCE CRITERIA. Regulation of development based on open space ratio, impervious surface ratio, density, and floor area ratio.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
PHASED SUBDIVISION APPLICATION. An application for subdivision approval submitted pursuant to a Master Preliminary Plat, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time.
PLANNED UNIT DEVELOPMENT (PUD). A development constructed on a tract of minimum size under single ownership planned and developed as an integral unit and consisting of a combination of residential and/ or nonresidential uses on the land.
PLANNING AND ZONING COMMISSION. The local government's Planning Commission established in accordance with law.
PLAT. A plat is a survey, prepared by a licensed registered surveyor, of property showing the dimensions and location of lot lines, streets, and easements. A plat also establishes the lot, block, and
subdivision name used in real estate transactions. A plat is a legal document complete with a drawing of the property boundaries, a written description of those boundaries (metes and bounds), a dedication statement, an owner's certification statement, a title block and approval statements.
POLICE POWER. Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning and Zoning Commission and the City Council for approval.
PRIMARY ARTERIAL. A road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges and/ or universities, military installations, major industrial areas, and similar traffic generators within the governmental unit; and/ or as a route for traffic between communities or large areas and/ or which carries high volumes of traffic.
PROPERTY OWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision-be it a lot, parcel site, unit plot, condominium, or any other interest-is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
PUBLIC FACILITIES PROJECT. Any and all public improvements the need for which is directly or indirectly generated by development, including but not limited to the following:
(1) Water mains, pipes, conduits, tunnels, hydrants, and other necessary works and appliances for providing water service.
(2) Lines, conduits, and other necessary works and appliances for providing electric power service.
(3) Mains, pipes, and other necessary works and appliances for providing gas service.
(4) Poles, posts, wires, pipes, conduits, lamps, and other necessary works and appliances for lighting purposes.
(5) Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways or viaducts, parks and parkways, recreation areas, including all structures, buildings, and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended.
(6) Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels, or other appurtenances.
(7) Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes; with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, and appurtenances.
(8) Pipes, hydrants, and appliances for fire protection.
(9) Retaining walls, embankments, buildings, and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this section.
(10) Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains, and other structures suitable for the purpose of stabilizing land.
(11) Works, systems, or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto.
(12) All other work auxiliary to that described in the definition of “Capital Improvements Program” above in this section, which may be required to carry out that work, including terminal and intermediate stations, structures, platforms, or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities.
(13) The grading or regrading, the paving or repaving, the planking or replanking, the macadamizing or remacadamizing, the graveling or regraveling, and the oiling or reoiling of streets.
(14) Acquisition, construction, improvement, and equipping of temporary and permanent school buildings.
(15) Acquisition, construction, improvement, and equipping of fire stations.
(16) Acquisition, construction, improvement, and equipping of police stations.
(17) Acquisition, construction, and installation of traffic signs, signals, lights, and lighting.
(18) Public works maintenance facilities.
(19) All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, the maintenance of Public Facilities Projects and administrative, engineering, architectural, and legal work performed in connection with establishing, implementing, and monitoring Public Facilities Projects.
(20) Acquisition of any and all property, easements, and rights-of-way which may be required to carry out the purposes of the project.
PUBLIC HEARING. An adjudicatory proceeding held by the Planning and Zoning Commission preceded by published notice and actual notice to certain persons and at which certain persons, including the applicant, may present their concerns to the Planning and Zoning Commission.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.
PUBLIC MEETING. A meeting of the Planning and Zoning Commission or Governing Body preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
RECOUPMENT. The imposition of an impact fee to reimburse the local government for capital improvements previously oversized to serve new development.
REGISTERED ENGINEER. An engineer properly licensed and registered in the State of Texas.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the State of Texas.
RENTAL UNIT. A designated unit which is not a condominium, stock cooperative, or community apartment.
REPLAT. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right-of-way" for 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 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, shade trees, or any other use 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.
ROAD, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have
been designated on the Master Street Plan of the local government, classified therein. The classification of each street, highway, road, and right-of-way is based upon its location in the respective zoning districts of the local government and its present and estimated future traffic volume and its relative importance and function as specified in the Master Plan of the local government. The required improvements shall be measured as set forth for each street classification.
ROAD, DEAD-END. A road or a portion of a road with only one vehicular-traffic outlet.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an in interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.
SCREENING. Either a strip at least ten feet wide of densely planted (or having equivalent natural growth) shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high; or an opaque wall or barrier or uniformly painted fence at least six feet high.
SECONDARY ARTERIAL. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches, and offices and are designed to carry traffic from collector streets to the system of primary arterials.
SECURITY. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
SETBACK. The distance between a building and the property line nearest to the building. In cases where the property line is in the center of the street, then the distance shall be measured from the edge of pavement or back of curb.
SHADE TREE. A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.
SITE-RELATED FACILITY. An improvement or facility which is for the primary use or benefit of a new development and for which the developer or property owner is solely responsible under subdivision or other applicable regulations.
SKETCH PLAN. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning and Zoning Commission as to the form of the plat and the objectives of these regulations.
STREET. See “Road.”
STRUCTURE. Anything constructed or erected.
SUBDIVIDE. The act or process of creating a subdivision.
SUBDIVIDER. Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who
(2) Directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision, or, who
(3) Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who
(4) Is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION.Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms, and conditions. Subdivision includes the division or development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes replat. A division of land into parts great than five acres where each part has access and no public improvement is being dedicated shall not constitute a subdivision.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
SUBDIVISION IMPROVEMENT AGREEMENT. A contract entered into by the applicant and the Planning and Zoning Commission and the City Council on behalf of the municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
SUBDIVISION, MAJOR. See “Major Subdivision.”
SUBDIVISION, MINOR.See “Minor Subdivision.”
SUBDIVISION PLAT. The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning and Zoning Commission and the City Council for approval and which, if approved, may be submitted to the County Clerk for filing.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TRACT. A lot. The term "tract" is used interchangeably with the term "lot," particularly in the context or subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.
VESTED RIGHTS. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
ZONING INSPECTOR. The person designated by the local government to enforce the Zoning Ordinance.
(Ord. 2005-6, Art. 2, passed 9-20-05)