§ 1.2. Interpretation and purpose.  


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  • In the interpretation and application of the provisions of these regulations, it is the intention of the city commission that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions in the City of Commerce and its jurisdiction, amending certain other ordinances of the city and superseding the previous subdivision ordinance. Where other ordinances of the city are more restrictive in their requirements, such other ordinances shall control.

    Subdivision of land is the first step in the process of urban development. The distribution and relationship of residential, commercial, industrial, and agricultural uses throughout the community along with the system of improvements for thoroughfares, utilities, public facilities, and community amenities determine in large measure the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity, and convenience are all factors which influence and determine a community's quality of life character. A community's quality of life is of public interest. Consequently, the subdivision of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. The regulations contained herein are designed and intended to encourage the development of a quality urban environment by establishing standards for the provision of adequate light, air, open space, stormwater drainage, transportation, public utilities and facilities, and other needs necessary for insuring the creation and continuance of a healthy, attractive, safe, and efficient community that provides for the conservation, enhancement, and protection of its human and natural resources. Through the application of these regulations, the interests of the public, as well as those public and private parties, both present and future, having interest in property affected by these regulations are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this appendix further the possibility that land will be developed for its most beneficial use in accordance with existing social, economic, and environmental conditions.

    The procedure and standards for the development, layout and design of subdivisions of land within the corporate limits and extraterritorial jurisdiction of the City of Commerce, Texas are intended to:

    A.

    Promote and develop the utilization of land in a manner to assure the best possible community environment in accordance with the master plan and the comprehensive zoning ordinance of the City of Commerce;

    B.

    Guide and assist the developers in the correct procedures to be followed and to inform them of the standards which shall be required;

    C.

    Protect the public interest by supervising the location, design, class and type of streets, sidewalks, utilities and essential areas and services required;

    D.

    Assist orderly, efficient and coordinated development within the extraterritorial jurisdiction;

    E.

    Provide neighborhood conservation and prevent the development of slums and blight;

    F.

    Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;

    G.

    Provide that the cost of improvements to minimum standards which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that cost of improvements to minimum standards which primarily benefit the whole community be borne by the whole community;

    H.

    Provide the best possible design for each tract being subdivided;

    I.

    Provide the most attractive relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide the proper location and width of streets;

    J.

    Prevent pollution of the air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard both surface and groundwater supplies; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land;

    K.

    Preserve the natural beauty and topography of the municipality and to insure appropriate development with regard to these natural features;

    L.

    Establish adequate and accurate records of land subdivision;

    M.

    Ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the territorial jurisdiction;

    N.

    Protect and provide for the public health, safety, and general welfare of the community;

    O.

    Provide for adequate light, air, and privacy; secure safety from fire, flood, and other danger; and prevent overcrowding of the land and undue congestion of population;

    P.

    Protect the character and the social and economic stability of all parts of the community and encourage the orderly and beneficial development of all parts of the community;

    Q.

    Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land; and minimize the conflicts among the uses of land and buildings;

    R.

    Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities;

    S.

    Encourage the development of a stable, prospering economic environment;

    Minimum standards for development are contained in the zoning ordinance, the building code and in this appendix. However, the master plan and future land use plan expresses policies designed to achieve an optimum quality of development in the urban area. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous urban setting. Subdivision design should be of a quality to carry out the purpose and spirit of the policies expressed in the master plan and in this appendix, and is encouraged to exceed the minimum standards required herein.