§ 11-2-2. Definitions.

(A)

Usage.

1.

For the purpose of this Chapter, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section.

2.

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.

3.

Unless the context clearly indicates otherwise, the phrases "these regulations" and "this Chapter" shall mean Chapter 2 of Title XI of the Midland City Code, the phrase "this Code" shall mean the Midland City Code, as amended, the phrase "building code" shall mean Title IV, Chapter 1 of the Midland City Code, as amended, and the phrase "zoning code" shall mean Title XI, Chapter 1 of the Midland City Code, as amended.

4.

Unless the context clearly indicates otherwise, citation of specific section numbers in this Chapter are to sections of the Midland City Code, as amended.

(B)

Words and terms defined.

1.

Abandonment. Release of the interest in easements or right-of-way by all parties with rights to said easement or right-of-way.

2.

Alley. A public or private way primarily designed to serve as a secondary means of access to the side or rear of those properties whose principal frontage is on some other street or on some other space intended in place of direct street frontage. "Alley" means public alley unless otherwise specified.

3.

Amended plat. A revised plat correcting errors or making minor changes to the original recorded final plat.

4.

Amenity. An improvement providing an aesthetic, recreational or other benefit.

5.

Approach road. An off-site access road required by these regulations as a minimum condition of development approval.

6.

Base flood elevation. The maximum water elevation of a flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be determined by using a fully developed watershed and the City's storm drainage design manual criteria for a 100-year storm.

7.

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.

8.

Bond. Any form of a surety bond executed by a surety company authorized to do business in the State of Texas in an amount and form satisfactory to the City.

9.

Capital improvements program. An adopted schedule of future capital improvement projects together with cost estimates.

10.

City. The City of Midland, Texas.

11.

City engineer. The city official with responsibility to review and release plans for construction projects, or his designee.

12.

Commission. The city planning and zoning commission for the City of Midland.

13.

Comprehensive plan. A plan for development of the City prepared and adopted by the Council, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

14.

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

15.

Council. The City Council of the City of Midland, Texas.

16.

County. Midland, Martin or Ector County, depending on whether a proposed subdivision or addition, or part thereof, is located in such county.

17.

Dedication plat. A plat prepared for the purpose of dedicating land or easements for rights-of-way for public use.

18.

Detention basin. A manmade or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or manmade outlets.

19.

Developer or subdivider. Any person, business, corporation, association or other legal entity who (1) having legal title to or sufficient proprietary or other interest in the land comprising the subdivision 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 addition, 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 addition or any interest, lot, parcel, site, unit or plat in a subdivision or addition, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with, any of the foregoing. The term "developer" includes the term "subdivider" and the term "property owner."

20.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, paving, drainage or utilities; mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

21.

Development contract or agreement for public works construction (development 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 within a specified time period following final plat approval.

22.

Development exaction. Any dedication of land or easements for, construction of, or contribution toward construction of a public improvement required as a condition of plat approval by the City under these regulations.

23.

Director. The director of engineering and development of the City of Midland.

24.

Divided street. A street having an island, median or other barrier separating moving lanes.

25.

Drainage. The removal of surface water or groundwater from land by drains, grading or other means.

26.

Drainage system. The system through which water flows from the land, including all watercourses, water bodies and wetlands.

27.

Drainageway. All land areas needed to allow passage of the base flood, including sufficient access above the base flood elevation along each side of and parallel to the natural or excavated channel.

28.

Driveway. An area improved for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

29.

Easement. The right of a person, government agency, or public utility company to use public or private land owned by another for specific purpose.

30.

Extraterritorial jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City as defined in V.T.C.A., Local Government Code ch. 42, as amended, except as set forth in such agreements that may be entered between the City and any other governmental entity whose ETJ would overlap the City's ETJ.

31.

Filing of application for final plat. Submission by the property owner of a plat which has received all preliminary approvals prescribed by these regulations, conforms to all conditions imposed pursuant to such preliminary approvals and which meets submittal requirements for a final plat as prescribed by this Chapter.

32.

Final plat. The map of a subdivision or addition to be recorded after approval by the commission and any accompanying material and additional requirements as described in this Chapter.

33.

Fire lane. A dedicated, privately maintained drive, constructed to city standards, providing an unobstructed means of access for fire department apparatus.

34.

Floodplain. Any land area susceptible to being inundated by water from the base flood.

35.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood as defined in Section 11-3-1 without cumulatively increasing the base flood elevation more than a designated height.

36.

Frontage. That side of a lot abutting a public or private street.

37.

Global Positioning System (GPS). A system which utilizes satellites to determine relative location of a point on the earth's surface with highly accurate reference coordinates.

38.

Grade. The degree of rise or descent of a sloping surface, such as a street, parkway or berm, usually expressed in percentage terms.

39.

Island. In street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or used for landscaping, signing, or lighting.

40.

Lake area. Any natural or manmade stormwater lake area or playa in the City or within the jurisdiction of this Chapter, the perimeter of which may be or has been established and shown on maps maintained by the City engineer, and is substantially the estimated high-water level for the lake.

41.

Loop street. A street whose only connections to another street are at two points on that street; usually a collector or local street.

42.

Lot or parcel. A tract, plot or portion of a subdivision, addition 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 or development.

43.

Lot area. The total horizontal area within the lot lines of a lot.

44.

Lot line. The line dividing one lot from another lot or from a street, alley, right-of-way, public place or common use area.

45.

Lot of record. A parcel of land which is designated as a separate and distinct lot or tract on a duly approved subdivision plat, which has been recorded in the office of the county clerk of the appropriate county.

46.

Main. In any system of continuous piping, the principal artery of the system to which branches may be connected.

47.

Median. That portion of a divided roadway separating lanes of traffic proceeding in opposite directions.

48.

Minor plat. A proposed plat with no more than four contiguous lots, with said lot or lots fronting on an existing street, and not requiring the creation of any new street or any public improvements.

49.

Mutual access easement. An officially approved, privately maintained drive, open to unrestricted and irrevocable access to two or more lots.

50.

Open space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

51.

Oversize main. A water or wastewater main required to interconnect property being developed with the City's water or wastewater system, which is a larger size than a 20 centimeter (8 inches) water main or a 25 centimeter (10 inches) wastewater main.

52.

Park. An area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.

53.

Parkway. The area of a street within the dedicated right-of-way located between the boundary of the right-of-way and the street pavement, normally reserved for the placement of utilities, sidewalks and landscaping.

54.

Performance bond and/or surety bond. A financial guarantee to ensure that all improvements, facilities or work required by this Chapter will be completed in compliance with the ordinance, regulations and approved plans and specifications of a development.

55.

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

56.

Plat. The plan or map for the subdivision or addition to be filed for record in the county where such subdivision or addition is located.

57.

Platting. The act of preparing for approval and processing, pursuant to this Chapter, the plan or map for the subdivision or addition to be filed for record in the county where such subdivision or addition is located.

58.

Pre-application conference. An initial meeting between developers and city representatives which affords developers the opportunity to present their proposals informally.

59.

Preliminary plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision or addition to be submitted to the director for approval as specified herein.

60.

Private street. A vehicle accessway which provides access to one or more lots, in place of a public street, but not dedicated to the public use.

61.

Property owner. 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 comprising the subdivision or addition, or any representative or agent thereof, who has express written authority to act on behalf of such owner. The term includes developer.

62.

Property owners' association. A private, nonprofit corporation of owners and/or residents of a fixed area formed for the purpose of owning, operating and maintaining various common properties or facilities.

63.

Pro rata. A charge against a developer requesting to connect to existing water or sanitary sewer lines, said charge serving as reimbursement to the original installer of the line.

64.

Public improvement. Any drainageway, roadway, parkway, sidewalk, utility, pedestrian way, off-street parking area, lot improvement, open space, or other facility for which the City or other governmental entity will ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established or that affects the health, safety or welfare of the general public.

65.

Public improvement plans. The plans showing the specific location and design of public improvements to be installed in the proposed subdivision or addition in accordance with the requirements of the commission as a condition of the approval of the plat. These plans, as determined by the City engineer, may include, but are not limited to, grading plan, dimensional control plan, paving plan/profile, drainage area map, drainage plan/profile, water and sewer plan/profile, lift station plan, special details, hydrologic studies and other plans.

66.

Remainder. The residual land left after platting of a portion of a tract or the residual of a lot, a portion of which has been replatted. The residual of such partially replatted lot shall be considered an unplatted tract.

67.

Registered surveyor. A registered professional land surveyor as authorized by state statutes to certify land surveys in the State of Texas.

68.

Replatting. Any change in a map of an approved or recorded plat, except as permitted as an amended plat, that affects any street layout on the map or area reserved or dedicated 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 or additions. Replatting includes the combination of lots into a single lot for purposes of development.

69.

Reserve strip. A strip along a plat boundary, reserved with the purpose of preventing access to an element of the subdivision, usually a street, alley, easement, or other public facility.

70.

Retaining wall. A structure erected between lands of different elevation to protect structures and/or prevent the washing down or erosion of earth from the upper slope level.

71.

Retention basin. A pond, pool, or basin used for permanent storage of water runoff.

72.

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

73.

Security. The bond, letter of credit or cash escrow provided by the applicant to secure its promises in the improvement agreement.

74.

Sewer. Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants, receiving streams, or retention basins, either constructed or natural.

75.

Sight triangle. A triangular-shaped portion of land established at intersecting streets, highways, alleys and driveways in which nothing may be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection, as required by the City Code.

76.

Site plan. A plan of a specific parcel of land, prepared to scale, showing accurately all buildings, existing or proposed, in relation to the platted parcel of land, and containing proposed floor area and coverage area for each structure and all impervious surface areas, to be used in determining compliance with the requirements of this ordinance, along with other essential site elements such as parking facilities necessary to comply with the minimum requirements of the proposed use, locations of all buildings and structures, means of access, and areas to be landscaped, together with any other requirements of the zoning code or other valid ordinances of the City.

77.

Sketch plat. A sketch preparatory to the preliminary plat or final plat, to enable the property owner to save time and expense in obtaining city staff review and comment as to the form of the plat and the objectives of these regulations.

78.

Street. A public right-of-way used, or intended to be used, for passage or travel by motor vehicles and classified as follows:

(a)

Arterial street, including such terms as "freeway" or "expressway," is a street of considerable continuity which is intended to function primarily as a main traffic artery for travel of high volumes of vehicles through and among large areas of the City, at speeds consistent with safety and efficiency of such travel and with minimum delay, including any street so designated on the major thoroughfare plan.

(b)

Collector street is a street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development.

(c)

Local street is a street used primarily for access to the abutting properties. A cul-de-sac or dead-end street is a local street with only one outlet.

(d)

Marginal access street is a minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.

(e)

Commercial or industrial street is a street intended primarily to serve traffic within an area of commercial or industrial development or proposed development.

79.

Street hierarchy. The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function from heavy-traffic roads down to streets whose function is residential access.

80.

Subdivision. The division of any tract or parcel of land into two or more lots for the purpose, whether immediate or future, of offer, sale, or lease or for the purpose of development or transfer of ownership. 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 also includes resubdivision. Subdivision also refers to the land to be so divided, as the context may indicate, and includes the term "addition."

81.

Substandard street. An existing street or highway that is not constructed to the ultimate standards for the type of roadway as designated in the major thoroughfare plan or does not meet other minimum specifications in the major thoroughfare plan or the City's minimum standards and specifications, or, if a state highway, does not meet the minimum standard specifications of the Texas Department of Transportation.

82.

Survey control monument, official city (city survey control monument). A permanent monument, established by or accepted by the City engineer as an official city survey monument, and marking a point on the City of Midland Control Network (CMCN). A record of all such monuments is maintained in the office of the City engineer.

83.

Temporary improvement. Improvements built and maintained by an owner during construction of the development of the subdivision or addition and prior to release of the performance bond or improvements security and required for the shortterm use of the property.

(Ord. No. 7333, § 1, 6-14-1994)