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 building official.
The city administrator or designee.
City council.
The city council of 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.
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(Ordinance 1419, art. 9.200, adopted 8/24/10)
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Editor’s note–The technical manual is included as appendix 10A.