§ 1.17. Definitions.

For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and engineering practices. The word "shall" is always mandatory, while the word "may" is merely directory.

a.

Addition. A lot, tract or parcel of land lying within the corporate boundaries of the City and/or its extraterritorial jurisdiction which is intended for the purpose of development.

b.

Administrative Officers. Any office referred to in this Ordinance by title (i.e., City Manager, City Attorney, City Secretary, Chief Building Official, Public Works Director, Director of Utilities, etc.), shall be the person so retained in this position by the City, or his duly authorized representative (i.e., designee). This definition shall also include engineering, planning, legal and/or other consultants retained by the City to supplement or support existing City staff, as deemed appropriate by the City.

c.

Alley. A minor public right-of-way not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. The length of an alley segment is to be measured from the right-of-way lines (i.e., alley entrance points) of the streets from which the alley is provided access (including any turnouts).

d.

Amended Plat. A revised plat correcting errors or making minor changes to the original recorded final plat. Also termed "amending plat".

e.

Amenity. An improvement to be dedicated to the public or to the common ownership of the lot owners of the subdivision and providing an aesthetic, recreational or other benefit, other than those prescribed by this Ordinance.

f.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year.

g.

Block Length. For a residential subdivision, that distance measured along the centerline of the street from the intersection centerpoint of one through street (i.e., not a cul-de-sac or dead-end/looped street) to the intersecting centerpoint of another; or to the midpoint of a cul-de-sac. Also termed "street length".

h.

Bond. Any form of a surety bond in an amount and form satisfactory to the City.

i.

Building Setback Line. The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street (or property) line.

j.

Capital Improvements Program (CIP). The official proposed schedule of all future public projects listed together with cost estimates and the anticipated means of financing each project, as adopted by City Council.

k.

City. The City of Waxahachie, Texas, together with all its governing and operating bodies.

l.

City Manager. The person holding the position of City Manager, as appointed by the City Council and according to the City Charter.

m.

Commission. The Planning and Zoning Commission of the City.

n.

Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive Plan of the City and adjoining areas as adopted by the City Council and the City Planning and Zoning Commission, including all its revisions. This Plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, water/wastewater facilities, and other public and private developments and improvements.

o.

Concept Plan. A sketch drawing of initial development ideas superimposed upon a topographic map to indicate generally the plan of development, and to serve as a working base for noting and incorporating suggestions of the City Manager (or designee), Planning and Zoning Commission, Public Works Director, or others who are consulted prior to the preparation of the preliminary plat.

p.

Construction Plans or Drawings. The maps or drawings accompanying a plat and showing the specific location and design of public improvements to be installed in the subdivision or addition in accordance with the requirements of the City as a condition of approval of the plat.

q.

Construction and Design Manual (C & D). Those standards and specifications established by the City to ensure proper installation of the improvements required by this Ordinance. The C & D Manual shall be collectively the following documents, and shall be available for review or purchase at the City of Waxahachie during normal business hours:

1.

Standard Specifications for Public Works Construction, Including Standard Drawings, Latest Edition, published by the North Central Texas Council of Governments

2.

City of Waxahachie Design Manual for Thoroughfare Standards.

3.

City of Waxahachie Design Manual for Paving Standards.

4.

City of Waxahachie Design Manual for the Design of Storm Drainage Systems.

5.

City of Waxahachie Design Manual for Water and Sanitary Sewer Lines and Utilities.

r.

Contiguous. Lots are contiguous when at least one boundary line of one lot touches a boundary line, or lines, of another lot.

s.

Council or City Council. The duly elected governing body of the City of Waxahachie, Texas.

t.

Cul-De-Sac. A street having only one outlet to another street, and terminated on the opposite end by a vehicular turnaround ("bulb"). The length of a cul-de-sac is to be measured from the intersection center point of the adjoining through street to the midpoint of the cul-de-sac bulb.

u.

Dead-End Street. A street, other than a cul-de-sac, with only one outlet.

v.

Development Plat. A plat for a parcel of land that is five (5) acres or larger for which the owner or subdivider claims exemption from Chapter 212, Subchapter "A" of the Texas Local Government Code.

w.

Easement. The word "easement" shall mean an area for restricted use on private property upon which the City and/or a public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs and/or other improvements or growths which in any way endanger or interfere with the construction, maintenance and/or efficiency of its respective systems within said easements. Public utilities shall, at all times, have the right of ingress and egress to and from and upon easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone.

x.

Escrow. A deposit of cash with the City in accordance with City policies.

y.

Filing Date. The filing date is when all necessary forms, fees, and copies are submitted and accepted for filing by action of issuance of a fee receipt by the City.

z.

Final Plat (also Record Plat or File Plat ). The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a surveyor or engineer, with the subdivision location referenced to a survey corner, and with all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. The final plat of any lot, tract or parcel of land shall be recorded in the records of Ellis County, Texas. An amended plat is also a final plat.

aa.

Improvement or Developer Agreement. A contract entered into by the developer and the City, by which the developer promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval.

bb.

Land Planner. Persons, including surveyors or engineers, who possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments, such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum, and/or by actual experience and practice in the field of land planning, and may be a member of the American Institute of Certified Planners (AICP).

cc.

Lot (also Lot of Record ). A divided or undivided tract or parcel of land having frontage on a public street, and which is, or which may in the future be, offered for sale, conveyance, transfer or improvement; 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.

dd.

Major Plat. All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat that requires the construction of a new street (or portion thereof) or the extension of a municipal facility as required by this or any other City Ordinance.

ee.

Minor Plat. A subdivision resulting in four (4) or fewer lots, provided that the plat is for conveyance purposes only (i.e., sale of the property with no development/construction proposed), that the plat does not create any new easements for public facilities, or that the construction/development of said subdivision will not require the construction of any new street (or portion thereof) or the extension of any municipal facilities to serve any lot within the subdivision. Any property to be subdivided using a minor plat shall already be served by all required City utilities and services. If the development of any lot within the proposed subdivision will require the construction of a new street (or portion thereof) or a public improvement (e.g., water or sewer line, drainage facility, required screening wall, etc.), the plat shall be classified as a major plat.

ff.

On-Site Facilities or Improvements. "On-site" shall mean those existing or proposed facilities or improvements constructed within the property boundaries of the plat. "On-site" shall also mean those existing or proposed facilities required to be constructed or improved immediately adjacent to the property and which are required to serve the development. These include streets, alleys, water lines, sewer lines, storm drainage facilities, curbs and gutters, and any other construction or reconstruction needed to serve the property.

gg.

Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or improvements that are required to serve the site but that are not located within the boundaries of the plat. These include oversizing and extension of streets, sewer lines, water lines and storm drainage facilities, as well as the excess capacity of facilities such as water storage tanks and wastewater treatment plants available for new development.

hh.

Overlength Street (or Cul-De-Sac or Alley ). A street segment (or a cul-de-sac or alley segment) which exceeds the maximum length allowed by this Ordinance (see Section 3.1), as measured along the centerline of the street from the intersection centerpoint of one through street (i.e., not a cul-de-sac or dead-end/looped street) to the intersecting centerpoint of another (or to the midpoint of a cul-de-sac or, for an alley segment, to the right-of-way lines (i.e., alley entrance points) of the streets from which the alley is provided access, including turnouts).

ii.

Pavement Width. The portion of a street that is available for vehicular traffic. Where curbs are used, it is the portion from the face of one curb to the face of the opposite curb.

jj.

Perimeter Street. Any existing or planned street which abuts the subdivision or addition to be platted.

kk.

Person. Any individual, association, firm, corporation, governmental agency, or political subdivision.

ll.

Planning and Zoning Commission. The Planning and Zoning Commission of the City of Waxahachie, Texas. Same as "Commission".

mm.

Preliminary Plat. The graphic expression of the proposed overall plan for subdividing, improving and developing a tract, shown by superimposing a scale drawing of the proposed land division upon a topographic map and showing in plan view all existing and proposed drainage features/facilities, public utilities, street layouts, direction of curb flow and other pertinent features, with such notations as are sufficient to substantially identify the general scope and detail of the proposed development.

nn.

Private Street. A private vehicular access way that is shared by and that serves two (2) or more lots, which is not dedicated to the public, and which is not publicly maintained. Subdivisions having private streets may be established only under the terms set forth in Section 3.1 of the Subdivision Ordinance, and pursuant to any other guidelines for private street developments as may be adopted for use by the City (either as part of this Ordinance or as separate guidelines/policies). The term "private street" shall be inclusive of alleys where they are provided.

oo.

Public Works Director. "Public Works Director" is a qualified professional, or firm of registered professional consulting engineers, that has been specifically employed by the City to assist in engineering-related matters.

pp.

Replatting (or To Replat ). The resubdivision of any part or all of a block or blocks of a previously platted subdivision, addition, lot or tract.

qq.

Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or alley. Where appropriate, "right-of-way" may include other facilities and utilities such as sidewalks; railroad crossings; electrical, communication, oil and/or gas facilities; water or sanitary/storm sewer facilities; or for any other special use. The use of right-of-way shall also include parkways and medians outside of the paved portion of the street. 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 such right-of-way, and shall not be included within the dimensions or areas of such lots or parcels.

rr.

Street. A right-of-way (public or private), however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

1.

Major thoroughfares (arterial streets, primary thoroughfares, etc.) provide vehicular movement from one neighborhood to another, to distant points within the urban area, and/or to freeways or highways leading to other communities.

2.

Collector streets ("feeder" streets, secondary thoroughfares, etc.) provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.

3.

Local residential streets (minor thoroughfares or streets, etc.) are primarily for providing direct vehicular access to abutting residential property.

4.

Private streets (owned and maintained by a property/homeowners association, and not dedicated to the public).

ss.

Street Improvements. For the purpose of this Ordinance "street improvements" mean any street or thoroughfare, together with all appurtenances required by City regulations to be provided with such street or thoroughfare, and including but not limited to sidewalks, drainage facilities to be situated in the right-of-way for such street or thoroughfare, traffic control devices, street lights and street signs, for which facilities the City will ultimately assume the responsibility for maintenance and operation.

tt.

Street Right-of-Way. The width of the right-of-way for any roadway is the shortest distance between the lines which delineate the rights-of-way of the street.

uu.

Subdivider. Any person, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner, or authorized agent of such owner or equitable owner, such as a developer, of land sought to be subdivided.

vv.

Subdivision (also Addition ). A division or redivision of any tract of land situated within the corporate limits, or within the extraterritorial jurisdiction of such limits, for the purpose of transfer of ownership; layout of any subdivision of any tract of land or addition; or for the layout of building lots or streets, alleys or other components for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.

ww.

Substandard Street. An existing street or road that does not meet the minimum specifications in the Standard Street Specifications, and which is not constructed to the ultimate configuration for the type of roadway it is designated for on the City's Thoroughfare Plan. A standard street is a street or road that meets or exceeds said standard specifications and its designation on the City's Thoroughfare Plan.

xx.

Surveyor. A licensed land surveyor or a registered public surveyor, as authorized by State statutes to practice the profession of surveying.

yy.

Temporary Improvements. Improvements built and maintained by the property owner or subdivider that are needed to remedy a circumstance that is temporary in nature (e.g., a temporary drainage easement or erosion control device), and that will be removed upon completion of the subdivision or shortly thereafter (i.e., is not intended to be permanent).

(Ord. No. 2229, § 2(A), 4-5-04)