For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purpose of this chapter, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word
HEREIN
means “in these regulations;” the word
REGULATIONS
means “these regulations.” A
PERSON
includes a corporation, a partnership, and an incorporated association of persons such as a property owners’ association;
SHALL
is mandatory; a
BUILDING
includes a “structure;” a
BUILDING
or
STRUCTURE
includes any part thereat;
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.”
ADMINISTRATIVELY COMPLETE.
The point within the first ten business days after the city receives the plan or plat wherein it is deemed by the city staff that all required documentation has been provided and is generally in conformance with the requirements of this chapter.
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 or developer of land proposed to be subdivided or developed, or his or her representative. Consent shall be required from the legal owner of the premises.
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 security, including cash deposit, surety bond, collateral, property, or instrument of credit, in an amount and form satisfactory to the City Council. All BONDS shall be approved by the City Council whenever a BOND is required by these regulations.
BUILDING.
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any STRUCTURE.
BUILDING SETBACK LINE.
The distance between a building and the street right-of-way line nearest thereto.
CITY.
City of Willis, Montgomery County, Texas.
COUNCIL.
The official governing body of the city.
CUL-DE-SAC.
A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEVELOPER.
The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
EASEMENT.
Authorization by a property owner for the use by another, and for specified purpose, of any designated part of this property.
ESCROW.
A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. The escrow funds shall be deposited by the city in a separate account.
FILED.
Plats and plans shall be considered filed once they are administratively complete.
FINAL PLAT.
The map or plan or record of a subdivision or any accompanying material, as described in these regulations.
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 for building development.
PLAN.
A subdivision development plan, including a subdivision plan, site plan, land development application, and site development plan.
PLAT.
A preliminary plan, general plan, final plat, short-form plat, or replat.
PRELIMINARY PLAN.
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the City Planning and Zoning Commission and then to the City Council for approval.
PUBLIC IMPROVEMENT.
Any drainage ditch, roadway, sidewalk, pedestrian way, off-street parking area, or improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operations, or which may affect an improvement for which local government responsibility is established. All the improvements shall be properly bonded.
RESUBDIVISION.
A change in a map of an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it 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 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 and shown on a final plat is to be separate and distinct from the lots or parcels adjoining the right-of-way and not included within the dimensions or areas of the lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which the right-of-way is established.
SINGLE-FAMILY DETACHED DWELLING UNIT.
A dwelling structure having accommodations for and occupied by only one family and entirely surrounded by open space on its individual lot.
SINGLE-FAMILY DWELLING UNIT.
A place occupied by a single family.
STREET.
The portion of a right-of-way between property lines, measured at right angles to the center line of the right-of-way, in which the traveled roadway, sidewalks, and certain utilities are placed. A
STREET
is intended to provide the principal means of vehicular access to abutting lots and parcels.
SUBDIVIDER.
(1) Any person who:
(a) 1. Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
2. Directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plot in a subdivision; or
3. Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or an interest, lot, parcel site, unit, or plot in a subdivision.
(b) Is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing.
(2) All persons who, after the above events described in this definition occur, shall be considered to have an interest in land whether as buyer or lessee and shall be a
SUBDIVIDER.
SUBDIVISION.
(1) Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision.
(2) The word
LAND
shall include not only use or proposed use of land for lots, parcels, sites, units, and plots, but also uses of land for public streets, public alleys, public parks, or use for any other public purpose.
(3) SUBDIVISION
includes all land and the fact that the land description used either before or after division is in the form of metes and bounds or any other form shall not exclude the same from this definition of
SUBDIVISION.
(4) Land divided solely because of a partition deed, devise, or intestacy shall not be considered a
SUBDIVISION
, provided the resulting land ownerships are consistent with the terms of the partition deed, the probated will, or the intestacy law. However, a plat showing the division and resulting ownerships must be filed with the City Secretary.
(5) A gift of land shall not be considered as a
SUBDIVISION
, provided it is totally a gift of love and affection only and a timely federal gift tax return is filed, and a copy filed with the City Secretary together with a plat showing the division and resulting ownerships. In the event a gift was not of sufficient value for a federal gift tax return to be filed, then an affidavit stating that fact, together with the plat showing the division and resulting ownerships, may be filed in lieu of the Federal gift tax return copy.
(Ord. 96-0220, passed 2-20-1996; Ord. 19-1022A, passed 10-22-2019)