The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words sed in the plural number include the singular, and words in the singular include the plural. The ord "shall" is always mandatory. The word "herein" means in this Ordinance. The word "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The word "person" means any human being or legal entity and includes a corporation, a partnership, and an incorporated or unincorporated association. The words "used or occupied" as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied.
Access means a way of approaching or entering a property.
Adjacent means abutting and directly connected to or bordering.
Administratively Complete means a plan or plat tendered to the City Secretary with all of the appropriate fees, documents, data and information required in this Ordinance that has received an opinion from the City Engineer that the plan or plat complies with the subdivision requirements. The City Engineer shall consult with the City Administrator to ensure completeness of the plan or plat prior to issuing an opinion.
Alley means a minor right-of-way, dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
Alternative Review Procedure means the procedures set forth in Section 2.03 that modify the Plan or Plat application review process as described in Section 2.03.
Amended Plat means a plat that is modified or amended only to correct one or more specific, listed items or errors set forth herein, or in Tex. Loc. Gov't. Code § 212.016, as amended.
Applicant means a person applying for plan or plat approval uncle this Ordinance.
Application refers to an application for a plan or plat approval under this Ordinance, which includes the plan or plat package, and unless context dictates otherwise, will include the Resubmittal Application for a plan or plat.
Approval means the final approval in a series of required actions. For instance, the approval date of a plat requiring approval of the Commission and then the Council is the date of Council approval.
Arterial Street means a street designed to provide a connection between major arterial streets.
As-Built-Plans means a set of certified construction plans specifying how the public improvements required for the subdivision were actually constructed.
Attendant Documents means either materials needed to address the specific requirements of this Ordinance which are not shown on plats or plans, or any information which the subdivider feels necessary to explain the submittal.
Block means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad right-of-way, public walks, parks or green strips, rural land, drainage channels, or a combination thereof.
Bond means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council.
Buffer means a barrier constructed of wood, masonry, vegetation and/or other landscape material in such a manner that adjacent uses will be separated to such a degree that objectionable noise, heat, glare, visual clutter, dust, loss of privacy, air circulation, and other negative externalities shall be abated.
Bufferyard means a land area used to separate one (1) use from another or to shield, reduce or block noise, lights, or other nuisances. Bufferyards may be required to include fences, walls, berms, as well as shrubs and trees.
Buffer Strip means a band of land established to protect one (1) type of land use from the adverse effects of another incompatible use.
Building or Setback Line means a line that marks the setback distance from the building property line, and establishes the minimum required front, side or rear yard space of a building plot. No structure, as defined in this section, can be constructed or placed within the setback line or building setback line.
Building Permit means a permit issued by the City of Trinidad which is required prior to commencing construction or reconstruction of any structure.
Caliper means the trunk diameter of a tree at three (3) feet above natural grade.
Centerline, when referring to a waterway or drainage, means the centerline of the waterway and refers to existing topographically defined channels. If not readily liscensible, the centerline shall be determined by (first) the low flow line, or (second) the center of the two-year floodplain.
City means the City of Trinidad, Texas.
City Administrator means the chief administrative officer of the City of Trinidad, Texas or his/her designated representative.
City Council or Council means the Trinidad City Council.
City Engineer means the City Engineer for the City or his/her designated representative.
City Limits means within the incorporated boundaries of the City.
City Park means land area dedicated to the City of Trinidad for general public use. The parkland area must consist of a minimum of two acres. The park may contain public drainage easements or drainage facilities designed to meet development regulations fo the park only. For purposes of parkland dedication, public/private drainage easements, detention ponds, nature preserves, open spaces, utility easements or other similar dedicated public uses designed to serve areas outside the park shall not be included in calculating parkland dedication requirements. City Parks must have a minimum of three-quarters of an acre open space, shaded areas for picnic tables and other public gathering areas with seating. Other amenities may include or provide for future locations for restrooms, drinking fountains, lighting, sport courts, ballfield, playscapes, and hike-and-bike trails. City Parks should be located such that the overall parkland maybe increased with dedication of parkland from development on adjacent properties. Areas in a City Park designed to accommodate public venues, including vendors, sound amplification and lighting shall be buffered from adjacent residential properties by a combination of landscaping and setbacks.
City Staff means the officers, employees and agents of the City assigned and designated from time to time by the City Administrator and/or City Council, including but not limited to the City Engineer, to review and/or comment and report on construction and development plans.
City Standard Details and Specifications means a library of City approved drawings and technical data representing typical drainage, transportation, erosion and sedimentation control, and utility appurtenances to be constructed for City acceptance.
Collector Street means a street that collects traffic from local streets and serves as the most direct route to a major or minor arterial street.
Commission means the Planning and Zoning Commission of the City, or the City Council if a Planning and Zoning Commission is not operational.
Concept Plan means a generalized plan that meets the requirements of this Ordinance and that indicates the boundaries of a tract or tracts under common ownership and identifies the purpose of the proposed development and the proposed land use, general lot or parcel layout, community use or public areas, and street alignments.
Construction Plans means the maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development.
Contiguous means adjacent property whose property lines are shared or are separated by only a street, alley, easement or right-of-way.
Corner Lot means a lot located at the intersection of and abutting on two (2) or more streets.
County means Henderson County, Texas.
County Appraisal District means the Henderson County Appraisal District.
Critical Root Zone means a circular area around a tree equal to one (1) foot in radius for each one (1) inch caliper, and the center of the circular area located at the trunk.
Crossfall means the transverse slope as related to a given longitudinal slope and measured by the rise-to-run ratio.
Crosswalk means a strip of land dedicated for public use and which is reserved across a lot or block for the purpose of providing pedestrian access to adjacent.
Cul-de-Sac means a minor street having one (1) end open to vehicular traffic and having one (1) closed end terminated by a permanent turnaround.
Dedication means the grant of an interest in property for public use.
Design Storm means a probable rainfall event the frequency of which is specified in periods of years and which is used to design drainage facilities and determine flood elevations.
Developed Area means that portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed.
Developer means the legal owner of land to be improved and/or subdivided or his/her authorized representative.
Development means a subdivision of land as defined herein or he construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction, maintenance and installation which does not require land disturbance or result in additional impervious cover shall also not constitute development.
Development Plan means a scaled drawing representing an area of land to be improved/developed and indicating the legal boundary of said property and the nature and extent of all existing and proposed improvements to said project.
Double Frontage Lot means a lot which runs through a block fro street to street and which abuts two (2) or more streets.
Drainageway see Waterway.
Drainfield means private sewage facility, disposal area, trench or bed utilized for final wastewater disposal.
Drive Approach means a paved surface connecting the street to a front lot line.
Driveway means the surface connecting a drive approach with a parking space, parking lot, loading dock or garage.
Dwelling Unit means a residential unit designed to accommodate one (1) household.
Easement means a grant by the property owner of the use of a strip of land for stated purposes.
Environment means the aggregate of social and physical conditions that influence the life of the individual and/or community.
Escrow Funds means a deposit of cash or other approved security with the local government or approved bank or other financial institution in lieu of a performance or maintenance bond.
ETJ Limits means the limits of the City's extraterritorial jurisdiction as granted under Tex. Chapter 42, Local Government Code.
Filed or Filing Date means, with respect to plan or plat, the date at plan or plat are determined to be complete and are accepted for review by the City. With respect to plats or plans that must be acted upon by the Council after action by the Commission, the Filing Date for the purposes of the deadline for Council action shall be the date of Commission action.
Final Plat means a map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
Floodplain means channel of a waterway and the adjacent land area subject to inundation during the design storm.
Floodway means channel of a waterway and the adjacent land area as that must be reserved in order to discharge the design storm without cumulatively increasing the water surface elevation.
Front Yard means a space extending the full width of the lot between any building setback line and the front lot line and measured perpendicular to the building to the closest point to the front lot line.
Frontage means that side of a lot, parcel or tract of land abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot.
Governing Body means the City Council of the City of Trinidad, Texas.
Grade means the slope of a road, street, other public way or utility line specified in terms of percent (%); the topographic relief of a parcel of land; the average elevation at ground level of the buildable area of a lot or parcel of land.
Grading means any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition.
Ground Cover means low growing plants planted in such a manner as to form a continuous cover over the ground, such as liriope, low growing varieties of honeysuckle, confederate jasmine, English ivy or others.
Impervious Cover means roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.
Improvements means any street, alley, roadway, barricade, sidewalk, bikeway, pedestrian way, water line system, wastewater system, storm drainage network, public parkland, landscaping, or other facility or portion thereof for which the local government may ultimately assume responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.
Individual On-Site Wastewater System or Private Sewage Facility means all systems and methods used for the disposal of sewage, other than organized sewage disposal systems. Private sewage facilities are usually composed of three (3) units: the generating unit (the residence, institution, etc.), treatment unit, and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapotranspiration bed). A Private Sewage Facility inc des a septic tank, seepage tile sewage disposal system or any other on-lot sewage treatment device approved and installed in accordance with all local, state and federal laws and regulations.
Industrial means non-residential use of any site involved in manufacturing and/or external storage of goods; any site generating significant negative externalities such as noise, dust, glare, etc. and/or any site where hazardous materials are stored and/or generated.
Interior Lot means a lot other than a corner lot and, bounded by a street on only one (1) side.
Landscape Development means trees, shrubs, ground cover, vines or grass installed in planting areas.
Legal Lot means either a lot recorded in the Official County Records pursuant to and in compliance with the subdivision regulations in effect at the time of its creation, or a tract of land having existed in its present configuration prior to January 1, 1955.
Legally Platted Lot means a lot which is part of a subdivision approved by the City and recorded in the Official County Records.
Letter of Credit means a letter from a bank or other reputable creditor acceptable to the City that guarantees to the City that upon failure of the subdivider to fulfill any improvement requirements that at the City's request, funds will be provided to the City to complete the specified improvements.
Living Unit Equivalent (LUE) means a unit of measure which represents the quantity of water utilized and wastewater generated on an average annual daily basis from a single-family, detached residence of average size and occupancy which is the standardized measure used for service units. Local Health District means the Henderson County Health District Local Street means a street designed for the sole purpose of providing access.
Lot means a subdivision of a block or other parcel intended as a unit for transfer of ownership, or for development, or for occupancy and/or use.
Major Arterial Street means a street designed to provide connections between municipalities or major highways.
Master Plan means the overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for mean land intensities; land subdivision; circulation; and community facilities, utilities and services; and, if none, means professional urban planning and engineering practices.
Minor Arterial Street means a street designed to provide a connection between major arterial streets.
Minor Street means a local street designed primarily for access to abutting residential properties. A minor street does not include a street designed or required to be designed for through traffic.
Municipal Authority means the entity responsible for approving plats or plans governed by this Ordinance. The Commission is responsible for approving Concept Plans, Preliminary Plats, and Final Plats. The City Council is responsible for approving Concept Plans. The City Engineer is responsible for approving Amended Plats and Construction Plans.
Multifamily Residence means a single structure designed to accommodate four (4) or more households.
Natural Channel means the topography of a waterway prior to construction, installation of improvements or any regrading.
Natural Drainage means a storm water runoff conveyance system not altered by development.
Natural State means substantially the same conditions of the land which existed prior to its development, including but not limited to, the same type, quality, quantity and distribution of soils, ground cover, vegetation and topographic features.
Neighborhood means the area of the City characterized by residential land uses which is bounded by physical (such as river, major street, back of access) and/or political features (such as voting districts, subdivision boundaries).
Neighborhood Park means a privately owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the residents of said subdivision.
Official County Records means the Official Records of Henderson County, Texas.
Off-Site Improvements means any required improvement which lies outside of the property being developed.
One Hundred-Year Floodplain means that flood which has a probability of occurring once in a 100-year period or a one percent (1%) chance in any given year.
Overland Drainage means stormwater runoff which is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the like.
Parent Tract means tract or lot as described by deed or plat, which includes one (1) or more lots that are being subdivided.
Plan or Plat. The phrase "plan or plat" or "plat or plan" when used in this Ordinance refers to Concept Plans, Preliminary Plats, Construction Plans, Final Plat , Minor Plats, Short Form Final Plats, and Amending Plats. Specifically, the term "plan" refers to Construction Plans and the term "plat" refers to Concept Plans, Preliminary Plats, Final Plat, Short Form Final Plat, or Amended Final Plat.
Planned Development District (PDD) means a special district established by the City Council in accordance with the City's Zoning Ordinance.
Planning and Zoning Commission means the City of Trinidad Planning and Zoning Commission. Planting Area means any area designed for landscape planting having a minimum of ten (10) square feet of actual plantable area and a minimum inside dimension on any side of eighteen (18) inches.
Playscape means any structure permanently anchored to the ground that is designed for recreational purposes. Sports courts such as basketball or tennis courts are not considered playscapes.
Preliminary Plat means a map of a proposed land subdivision showing the character and proposed layout of the property in sufficient detail to indicate the suitability of the proposed subdivision of land.
Primary Structure means a structure in which the principal use of the lot is conducted. For example, for single-family residential lots, the house is the primary structure.
Privacy Fence means an opaque fence or screen at least six feet (6') in height. A fence shall be considered opaque if it is made of opaque materials and constructed so that gaps in the fence do not exceed one-half-inch (½"). Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half-inch 1 l/2").
Public means, with respect to land and interests in land within the city limits, the City; and, with respect to land and interests in land within the ETJ limits, the general public.
Public Use means places of non-commercial public assembly or administrative functions where the primary activity is contained within a building(s), including but not limited to churches, schools and government buildings.
Rear Yard means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the near rear lot line.
Regulatory 100-Year Flood Plain means the one hundred-year flood plain as defined by the Federal Emergency Management Act (FEMA).
Regulatory Floodway means that area designated by FEMA or subsequent Federal, State, or Local authority administering a flood insurance program as being within the floodway of a one hundred-year flood storm.
Replacement Trees means new landscape trees to be planted by the developer to replace trees removed during the development of property.
Replat means a modification or amendment of a subdivision plat that changes the size or configuration of any lot, parcel of land, roadway or required improvement including any replat authorized by Tex. Loc. Gov’t Code § 212.015, as amended. Replat includes the vacation of a prior plat and, within one (1) year thereafter, the filing of a concept plan or other plat to subdivide a portion of the land included in the area of the vacated plat.
Required Yard means the open space between a lot line and the buildable area within which no structure shall be located except as provided for herein.
Reserve Strip means a narrow strip of property usually separating a parcel of land from a roadway or utility line easement, that is characterized by limited depth which will not support development and which is intended to prevent access to the roadway or utility easement from adjacent property and which are prohibited by these regulations unless their control is given to the City.
Resubmittal Application means the application for a plan or plat resubmitted to the City following the disapproval or conditional approval of the original application or a Resubmittal Application that satisfies each condition of a conditional approval or remedies the reasons for disapproval.
Resubmittal Date means the date that a Resubmittal Application is determined to be complete and is accepted for review by the City.
Reverse Frontage Lot means a double frontage lot which is to be developed with the rear yard abutting a major street and with the primary means of ingress and egress provided on a minor street.
Right-of-Way means a strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipeline, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereinafter established and shown on the 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. Right-of-way intended for streets, crosswalks, water mains, wastewater lines, storm drains, or any other use involving maintenance by a public agency shall be dedicated to the public by the maker of the plat where such right-of-way is established.
Same Ownership means 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 stockholder, partner, or associate or a member of his/her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
Secondary Structure means any structure that is subordinate and incidental to the primary structure; and is subordinate in area, extent and purpose to the primary structure; and contributes to the comfort, convenience or necessity of the occupants, business or industry in the primary structure, and is located on the same lot as the primary structure.
Setback or Building Line means a line or lines designating the which, between such line and a corresponding line, structures lines generally provide the boundaries of the buildable area of an interior limit of the area of a lot in ay not be erected. The building lines generally provide the boundaries of the buildable area of any given lot.
Shrub means any self-supporting woody evergreen and/or deciduous species.
Side Yard means a space extending from the front yard to the rear yard between the setback line and the side lot line measured perpendicular from the side lot line to the closest point of the setback line.
Significant Tree means a native, living 8 inch caliper tree or more that the City desires to preserve to the greatest extent possible.
Slope means the vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.
Spring means a point or zone of natural groundwater discharge having measurable flow and/or a pool, however small, and characterized by the presence of a plant community adapted to the moist conditions of the site.
Standard Approval Procedure means the procedure for review, processing and approval of plans or plats set forth in this Ordinance other than the Alternative Review Procedure.
State Health Department means the Texas State Department of Health.
Street means any public or private right-of-way which affords the primary means of vehicular access to abutting property.
Street Line means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.
Street Side Yard means the side yard of a corner lot abutting the street right-of-way.
Street Yard means a space extending across the length and/or width of a lot between the street right-of-way and the closest faces of the buildings on the lot.
Structural Integrity means the ability of a structure to maintain stability against normal forces experienced by said structure.
Structure means any building or anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, telecommunication towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks, paving and parking areas, and fences shall not be considered structures unless located within a public utility or drainage easement.
Subdivider means any person, developer, firm, partnership, corporation or other entity, acting as a unit subdividing or proposing to subdivide land as herein defined.
Subdivision means the division or redivision of land into two (2) or more lots, tracts, sites or parcels for the purpose of development, laying out any addition to the City, or for laying out any subdivision or building lots, or any lot, street, alley, access easement, public utility easement, park or other portion intended for use by the public, or for the use of any owner, purchaser, renter, occupant, person or entity.
Subdivision Ordinance means Ordinance No. 2022-002 of the City of Trinidad, Texas.
Traffic Impact Analysis (TIA) means a study of the impacts of a development on the City's transportation system.
Tree means any self-supporting woody plant species which normally grows to an overall minimum height of fifteen (15) feet.
Tree Survey means a scaled drawing accurately showing the location, caliper and Critical Root Zone of Significant Trees in relation to the property boundaries.
Urbanization means the process of constructing public improvements required to support suburban or urban land use.
Variances means a grant of relief to a person from the requirements of this Ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance.
Vines means any of a group of woody or herbaceous plants which may cling by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.
Watershed means area from which stormwater drains into a give basin, river or creek.
Waterway means any natural or man-made channel conducting stormwater from a two-year storm event at a depth of eight (8) inches or more and at a rate of fifteen (15) cubic feet per second or more. Street pavement shall in no instance be considered a waterway.
Working Days means Monday through Friday exclusive of City recognized holidays.
Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
Yard Depth means the shortest distance between a lot line and a yard line.
Yard Line means a line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.
(Ord. 2022-002, passed 4-19-2022)