For the purposes of this article, the following terms, phrases,
words, and their derivations shall have the meaning given in this
section. When not inconsistent with the context, words used in the
present tense include the future; words used in the singular number
include the plural number; and words used in the plural number include
the singular number. Definitions not expressly prescribed herein are
to be determined according with customary usage in municipal planning
and engineering practices.
Acceptable outfall.
That point as determined by the city engineer where stormwater
can be released to a channel without causing erosion or resulting
sedimentation to the receiving channel or its floodplain. Where necessary,
the outlet shall include structural and vegetative measures to assure
subcritical velocities.
Alley.
A minor public right-of-way which provides a secondary means
of vehicular access to abutting property and which is used primarily
for vehicular traffic to the rear or side of properties which otherwise
abut on a “public street” as that term is defined herein.
Building setback line.
A line on a plat generally parallel to the street right-of-way,
indicating the limit beyond which buildings or structures may be erected
and the area between a street right-of-way and the building setback
line within which no structure may be permitted.
City.
The City of Bellville, Texas.
City engineer.
A professional engineer employed or designated by the City
of Bellville, Texas, to provide professional engineering services
for and on behalf of the city.
City of Bellville standards.
As used herein, shall mean the standards for streets and
alleys, storm sewer lines, utilities, and appurtenant structures,
which are set forth herein, and such additional standards as may have
been or may be adopted by the city council, and which may be amended
from time to time, and hereby referred to.
Cluster development.
A method of development for land that permits variation in
lot sizes without an increase in the overall density of population
or development. Each lot in a cluster sequence should be considered
in relation to the entire group of which it is a part. This allows
subdivisions with varying lot sizes so as to provide home buyers a
choice of lot sizes according to their needs and preserves open space,
tree cover, scenic vistas, natural drainageways, and outstanding topography.
Such measures prevent soil erosion by permitting development according
to the nature of the terrain; provides larger open areas with greater
utility for rest and recreation; and encourages the development of
more attractive and economic site design.
Comprehensive plan.
Any plan officially adopted or amended by city council for
the physical development of the City of Bellville and includes any
unit or part of such plan separately adopted and any amendment to
such plan or parts thereof.
Easement.
The area for and a right granted thereon for the purpose
of limited public or semipublic use across, over, or under private
property for a specified purpose or purposes.
Lot.
A physically undivided tract or parcel of land having frontage
on a public street or other approved facility and which is, or in
the future may be offered for sale, conveyance, transfer, or improvements;
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 recorded.
Lot depth.
The length of a line connecting the midpoints of the front
and rear lot lines, which line shall be at a right angle to the front
lot line or radial to a curved lot line.
Lot width.
The length of a line (drawn perpendicular to the lot depth
line) connecting the side lot lines at the building setback line or
a point no farther than thirty-five feet (35') from the front lot
line.
Patio home.
A single-family development construction on a single lot
with the building line (including drip line) of one (1) side of the
structure being tangential to the property line and allowing for yard
space at the front, one (1) side, and at the back of the structure.
Patio home subdivision.
Shall apply to those developments in which it is proposed
to partition land into individual lots, construct patio homes which
may be individually owned, and where such housing is separated by
a minimum distance as specified in the technical manual for subdivisions.
Plat.
A complete and exact subdivision plan submitted for approval
from the city council in conformity with the provisions of this article
and which, if given final approval, will be submitted to the county
clerk of Austin County for recording. A replat or resubdivision of
land or lots which are part of a previously recorded subdivision shall
be considered a plat as defined herein.
(1)
Minor plat.
The development of four (4) or fewer lots fronting on an
existing street and not requiring the creation of any new street or
the extension of municipal facilities. (Refer to Tex. Loc. Gov’t
Code ch. 212 sec. 212.0065(2).)
Public streets.
Any area, parcel, or strip of land which provides primary
vehicular access to adjacent property or land and provides general
community circulation whether designed as a street, highway, freeway,
thoroughfare, avenue, lane, boulevard, road, place, drive, or however
otherwise designated, or which is dedicated or granted for public
purposes.
(1)
Minor street.
Used primarily for access and circulation to abutting residential
properties and which is intended to serve traffic within a limited
area.
(2)
Collector, secondary or major streets.
Public streets so designated in the comprehensive plan which
provide for expeditious movement of vehicular traffic in the community.
This includes streets within, but not limited to, multifamily, industrial,
and commercial developments.
(3)
Cul-de-sac.
A short public street having but one (1) opening or access
to another public street and is terminated by a permanent vehicular
turnaround.
(4)
Dead-end.
That portion of a public street, that initially has only
one (1) opening or access to another public street and which will
be extended at a later date.
(5)
Notwithstanding the foregoing definitions, however, the following
shall not be considered public streets within the purview of this
article, namely:
(A)
Any driveway designated or used principally to provide vehicular
access to the outbuildings appurtenant to any principal building,
or to provide vehicular access to delivery platforms or entrance of
a building appropriate for the delivery thereto of goods or merchandise,
and located wholly on private property.
(B)
An area appurtenant to a store or a group of stores, a theater,
a church, or any similar establishment, designed or used primarily
for a vehicular parking lot or vehicular parking facilities by customers,
patrons, or employees of the establishment or group of establishments
in question.
(C)
An entrance or roadway designed or used to provide either vehicular
entrance to or communication or passage between the several units
of a single group of such establishments which are under common control
or management; provided, such industrial or commercial entranceway
or roadway shall be considered a public street under the terms of
this article if it has entrance upon two (2) or more public streets
unless there are at each of such entrances, gates, chains, or watchmen
by which all persons are prevented from using the same except those
employed by or having business to conduct at such industrial or commercial
establishments in question; and
(D)
An entrance or driveway designed or used to provide principal
or primary vehicular access to an apartment building or a group of
apartment buildings designated for multifamily occupancy and under
one (1) ownership. Such entrance or driveway shall not be used to
provide public street access to adjacent areas.
Residential use.
Shall be construed to include single-family residential uses;
two (2) family uses; and multifamily residential apartment or townhouse
uses.
Screening device.
Shall consist of a barrier of stone, brick, pierced brick
or block, wood or other permanent material of equal character, density,
and acceptable design at least six feet (6') in height, where the
solid area equals at least sixty-five percent (65%) of the wall surface.
Such device shall be continually maintained. The city council may
approve a screening device composed of landscaping material where
it can be shown that such planting will be installed and continually
maintained in accordance with the intent of this article.
Shall, will, and may.
As used herein the words “shall” and “will”
are mandatory, and the word “may” is permissive.
Subdivider or developer.
These terms are synonymous and are used interchangeably and
shall include any person, partnership, firm, association, corporation
(or combination thereof), or any officer, agent, employee, servant,
or trustee thereof, who performs or participates in the performing
of any act toward the subdivision of land within the intent, scope,
and purview of this article.
Subdivision.
Except for property meeting the definition of an acreage
subdivision as defined below, a “subdivision” is the division
of any lot, tract, or parcel of land by plat, map, or description,
into two (2) or more parts, lots, building lots, or sites or building
sites, for the purpose, whether immediate or future, of dedication,
and the laying out (or realignment) of new streets or other public
accessways, with or without platting, is a subdivision. This definition
also includes the resubdivision and replatting of land or lots which
are part of a previously recorded subdivision. Divisions of land for
agricultural purposes in parcels of five (5) acres or more and where
no building construction is involved shall not be included within
the definition of subdivision, unless any subdivision of five (5)
acres or more includes the planning or development of a new street
or access easement or realignment of an existing street. An “addition”
is a subdivision as defined herein. A division by gift or a testamentary
division of land, a partition between joint tenants or division of
land upon dissolution of a corporation or partnership shall not be
considered a subdivision. An acreage subdivision is a division of
land for residential purposes in parcels of ten (10) acres or greater
and each parcel is restricted to a single residence per parcel which
is self-contained in that each lot provides its own water supply and
private sewage treatment facility. An acreage subdivision is not considered
a subdivision under this article except for the requirement of platting
and drainage. An acreage subdivision shall be governed by the terms
of the subdivision order ordered by the commissioners court of Austin
County, Texas, as the same may be from time to time amended.
Steep slope.
Areas that contain slopes over fifteen percent (15%) and
characterized by increased runoff, erosion, and sediment hazards.
Technical manual.
The plans, specifications, and technical requirements and
standards for each aspect of construction and development prepared
by the engineers for the city and approved by the city council as
that instrument shall be updated and amended from time to time. The
manual shall be kept at the city hall and will be available to any
person desiring the same for the cost of reproduction.
(Ordinance 1419, art. 9.200, adopted 8/24/10)