§ 2.1. General Definitions  


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  • For the purpose of these regulations, words used in the present tense include the future tenses; words used in the singular number include the plural, and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise. The word "may" is not discretionary unless the context in which it is used indicates otherwise. The word must and shall are mandatory in every instance. For purposes of this Ordinance, certain terms and words are to be used and interpreted as hereinafter defined. It should be noted that the definitions contained in Article 2, of the Santa Fe Zoning Ordinance are incorporated as a part of this Ordinance by this reference thereto.

    2.1.1 Abut/Abutting : To physically touch or border upon; or to share a common property line or border. This term implies a closer proximity than the term "adjacent."

    2.1.2 Access : A way or means of approach to provide physical entrance and exit to a property.

    2.1.3 As-Built Plans : A set of detailed plans and documents specifying how public improvements required by a Final Plat were actually constructed.

    2.1.4 Base Flood : The flood having a one (1) percent chance of being equaled or exceeded in any given year, most commonly called the 100 year flood, as identified by the Federal Emergency Management Agency (FEMA).

    2.1.5 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 requirement of this ordinance and the Municipal Code.

    2.1.6 Dedication : The grant of an interest in property to the public for public use and benefit.

    2.1.7 Deed : A legal document conveying ownership of real property.

    2.1.8 Deed Restriction : See Restrictive Covenant.

    2.1.9 Density : The average number of housing units per unit of land generally expressed as "dwelling units per acre."

    2.1.10 Developer : The legal or beneficial owner(s) of land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interest in such land. Also, any person, developer, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

    2.1.11 Development : The subdivision of land; any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, conversion, or enlargement of any structure; and any mining, dredging, filling, grading, paving, excavation or drilling operations.

    2.1.12 Easement : A grant of one or more property rights by the property owner to and for the use of the public, a corporation or other persons, for a designated part of his property, and for a specified purpose.

    2.1.13 Engineering Design Standards : The specifications and standards for the construction of public improvements as provided by the City of Santa Fe.

    2.1.14 Extraterritorial Jurisdiction (ETJ) : The unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of Santa Fe, the outer boundaries of which are measured from the extremities of the corporate limits of the City outward for a distance of one (1) mile.

    2.1.15 Flood Fringe : The area, other than the stream channel and floodway, which occupies the remainder of the 100 year floodplain, and receives shallower waters and less velocities, as defined by the FEMA.

    2.1.16 Floodplain : The floodplain is made up of three (3) parts, the stream channel, the floodway and the flood fringe, as defined by the FEMA.

    2.1.17 Floodway, Regulatory : The flood corridor of a river or other watercourse that is reserved in order to discharge the 100 year flood, as defined by FEMA.

    2.1.18 Functional Street Classification System : A hierarchical circulation system for the safe and efficient operation of vehicles which provides for the gradation in function from access to movement. The functional street classifications are expressway, major arterial, minor arterial, collector, and local.

    2.1.19 Improvement : Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

    2.1.20 Individual Sewage Disposal System : A septic tank, seepage tile-sewage disposal system, or any other approved on-lot sewage treatment device.

    2.1.21 Lot of Record : A lot which is a part of an approved plat, the map of which has been recorded in the office of the Galveston County Clerk.

    2.1.22 Minor Plat : A plat of land which includes four (4) or fewer lots, and which does not necessitate the extension of streets or municipal facilities.

    2.1.23 Off-Site : Any real property not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

    2.1.24 Off-Site Improvements : Any utility, paving, grading, drainage, structure, or modification of topography which is, or will be located on property not within the boundary of the property to be developed.

    2.1.25 Planning Commission : Wherever the term Planning Commission is used, it shall mean the Planning and Zoning Commission.

    2.1.26 Plat, Final : A map of a land subdivision prepared according to applicable laws of the State of Texas and ordinances of the city and county having the necessary affidavits for filing, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.

    2.1.27 Plat, Preliminary : A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail according to these regulations to indicate the suitability of the proposed subdivision.

    2.1.28 Private Utility : A business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequences and need, such as electricity, gas, transportation or communications.

    2.1.29 Professional Engineer : An engineer registered to practice in the State of Texas.

    2.1.30 Public Improvement : Any improvement, facility or service together with its associated public site, right-of-way or easement necessary to provide transportation, drainage, public or private utilities, parks or recreational, energy or similar essential services.

    2.1.31 Remaining Capacity : As used in calculating subsequent user tap fees: the total capacity minus (a) capacity of minimums, or (b) capacity required to serve the area being developed which are in excess of minimums.

    2.1.32 Reserve Strip : A narrow, linear strip of property, usually separating a parcel of land and a roadway or easement, that is characterized by limited depth which will not support development and which will prevent access to the roadway or easement from the land adjacent to the reserve strip.

    2.1.33 Restrictive Covenant : A contractual restriction on the use of land, usually set forth or referred to in the deed. Such covenants usually run with the land and are binding upon subsequent owners of the property.

    2.1.34 Replat : A change in a recorded plat which does not require the vacation of the preceding plat.

    2.1.35 Service Area : A specific area representing the maximum limits served by a particular utility.

    2.1.36 Sidewalk : A paved surface area usually paralleling and separated from the roadway, used as a pedestrian-way.

    2.1.37 Site Plan : A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and all other information required by this Ordinance.

    2.1.38 Stream Channel : The area of the floodplain which carries the normal flow of the watercourse.

    2.1.39 Subdivider : See "developer".

    2.1.40 Subdivision : The division of any lot, tract or parcel of land into two or more parts for the purpose of sale or of building development. Said term also includes the resubdivision of any lot, tract or parcel of land.

    2.1.41 Subdivision, Unrecorded : A plat which has been approved by a city or county, but has not been recorded with the Galveston County Clerk.

    2.1.42 Subsequent User : A developer who uses utilities which have been installed by others. Also one who represents a specific area included in the service area for which the utility was intended to serve.

    2.1.43 Vacated Plat : A plat which is vacated through the procedures described herein, and is made legally void.

    2.1.44 Variance : A deviation from the required norm that may be granted following certain procedures specified herein.

    ARTICLE 3
    Administration