Words, phrases and terms defined in this code shall have the defined meaning as set forth below. Words, phrases and terms not defined in this code shall be given their usual and customary meanings except where the context clearly indicates a different meaning. The text of this chapter shall control captions, titles and maps.
The word “shall” is mandatory and not permissive; the word “may” is permissive and not mandatory.
Words used in the singular include the plural and words used in the plural include the singular.
Words used in any tense include any other tense.
100-YEAR FLOODPLAIN (ZONE) -that area subject to inundation by a flood having a one-percent probability of occurrence, in any given year based on existing conditions of development within the watershed area, as determined by the base flood elevation (BFE).
ACTION RESONSE -A response to a plan or plat that has been approved with conditions or disapproved filed pursuant to Texas Local Government Code § 212.0093.
ALLEY -A minor public right-of-way not intended to provide the primary means of access to the abutting lots, which is used for vehicular service access to the back or sides of properties otherwise abutting on a public street.
BASE FLOOD -The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) -The computed elevation that indicates the water surface elevation resulting from flood that has a 1% chance of equaling or exceeding that level in any given year shown on the then-current City-adopted hydraulic analysis for zones A, AE, AH, Al-A30, AR, V1-V30, or VE, provided that, if there is no then-current City adopted hydraulic analysis pertaining to the affected property, then the BFE is that computed elevation shown on either the applicable flood insurance rate map (FIRM) or established by a flood insurance study (FIS) for the area, whichever is based on the most recent data.
BUILDING FOOTPRINT -The horizontal area measured within the outside of the exterior walls of the ground floor of the main structure.
BUILDING SET-BACK LINES -The lines within a property defining the minimum horizontal distance between a building and the adjacent property line and governing the placement of structures.
CANTILEVER -Any portion of a structure that extends laterally beyond the foundation that supports it.
CODE -The Code of Ordinances, City of Bulverde, Texas[.]
COMMON AREA -A parcel or parcels of land, or an area of water, or a combination of land and water, and/or developed facilities and complimentary structures and improvements, including but not limited to areas for vehicular and pedestrian access and recreational facilities within the site.
COMMUNITY OPEN SPACE -Parks and outdoor recreation areas, landscaped pedestrian paths (other than required sidewalks along streets), bicycle paths (separate from a street right-of-way), natural or landscaped stream courses, natural or artificial lakes and other water features, greenbelts, and other landscaped public or common areas which are incorporated into the design of the Subdivision and which benefit the community at large rather than being the private domain of individual lot owners.
CONTOUR LINES -Elevation lines drawn upon the plat illustrating general topography and drainage flow.
DEDICATE -To transfer property or interests in property from private to public ownership.
DEDICATION -The transfer of property from private to public ownership.
DISTURBANCE -The placement of impervious surface; the excavation, grading, or filling of the soil, subsoil or bedrock; or the clearing, cutting, or grubbing of vegetation.
DEVELOPER -An individual, firm. partnership, joint venture, corporation, or other legal entity, or their agent, undertaking the division or improvement of land and other activities covered by this Code, including the preparation of a subdivision or development plat showing the layout of the land and the public improvements involved therein. The term “developer” includes the term “subdivider,” even though the individuals or entities in successive stages of a development project may vary.
DEVELOPMENT -The initiation or conduct of any activities related to the platting of land or construction of buildings or structures, the construction of impervious surfaces, the installation of utilities, roadways, drainage facilities or other infrastructure; or any disturbance of the surface or subsurface of the land in preparation for such construction activities, including without limitation removal of vegetation, grading, clearing, filling, or removal of soil; also the land, structures and improvements resulting from or subject to development.
DEVELOPMENT PLAT -A development plat required under Subchapter B, Chapter 212, Texas Local Government Code, as the same may be amended from time to time, and subsection 1.04(j), below.
EASEMENT -Right given by the buyer of land to another party for specific use of that land; i.e., electrical, water and sewer lines, drainage, etc. Granting of an easement does not, in and of itself, convey fee title.
EDWARDS AQUIFER RECHARGE ZONE (EARZ) -That area where the stratigraphic units constituting the Edwards Aquifer outcrop, and including the outcrops of other formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality (TCEQ) and the Edwards Aquifer Authority and these agencies should be contacted about regulations concerning development which must comply with all State and County regulations which may impact development within the recharge zone.
EDWARDS AQUIFER TRANSITION ZONE -That area where geologic formations outcrop in proximity to and south and southeast of the recharge zone and where faults, fractures, and other geologic features present a possible avenue for recharge of surface water to the Edwards Aquifer, and including portions of the Del Rio Clay, Buda Limestone, Eagle Ford Group, Austin Chalk, Pecan Gap Chalk, and Anacacho Limestone. The transition zone is identified as that area designated as such on official maps in the offices of the Texas Commission on Environmental Quality (TCEQ) and the Edwards Aquifer Authority and these agencies should be contacted about regulations concerning development which must comply with all State and County regulations which may impact development within the transition zone.
EQUIVALENT DWELLING UNIT (EDU) -A measure of utility services required to serve a non-single-family residential facility that is approximately equal to the services required to serve a typical single-family residence. Also, the population equivalent generated by multifamily development that is approximately equal to a typical single-family residence. For the purposes of this ordinance, an EDU shall have a population equivalent of 2.75 persons, a water service equivalent of 300 gallons per day average demand, and a sewer service equivalent of 225 gallons per day average flow.
FILL -A deposit of material for the purpose of creating a more level building area.
FLOOD INSURANCE RATE MAP (FIRM).An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS).An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FULL CUT-OFF OPTICS -Fixtures, as installed, that are designed to or shielded in such a manner that all light rays emitted by the fixture, either directly from the lamps or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
HYDROGEOLOGIST -An individual with at least five (5) years of progressively more responsible professional experience, following receipt of a baccalaureate degree, during which full competence has been demonstrated in the application of scientific or engineering principles and methods to the execution of work involving:
(1) the understanding of the occurrence, movement, and composition of groundwater in relation to the geologic environment,
the development, management, or regulation of groundwater, or
the teaching and research of groundwater subjects at the university level.
IMPERVIOUS SURFACE -Any structure, surface, or improvement, that reduces or prevents the infiltration of water into soil or bedrock, such roads, rooftops, sidewalks, and parking lots.
IMPROVEMENT -Any manmade alteration of land, a lot, a building, structure, infrastructure, or facility, owned publicly or privately.
LOT -An undivided tract or parcel of land having frontage on a public or private street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract and/or which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.
MOBILE HOME PARK -Any facility or area developed or the lease or rental of two or more mobile homes.
PLAT -A plan for subdivision submitted for preliminary or final approval by the city in conformity with the provisions of these regulations and which, if given final approval, will be submitted to the City Secretary for recording. A replat, resubdivision, and development plat are a plat as defined herein.
PUBLIC SEWER SYSTEM -Any publicly or privately owned system for the collection, treatment and disposal of sewage that is operated in accordance with the terms and conditions of a valid waste discharge permit issued by the Texas Commission on Environmental Quality (TCEQ) or its successor agency.
PUBLIC WATER SYSTEM -A system for the provision of water for human consumption that serves more than one (1) service connection across property lines. Such term includes (1) any collection, treatment storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system may be a Community or Noncommunity, Transient or Nontransient system as described in Texas Administrative Code, Title 30, Chapter 290. Without excluding other meanings of Individual or Served, an individual shall be deemed to be served by a water system if he resides in, uses as his place of employment, or works in a place to which drinking water is supplied from the system. Public water systems must pay an annual fee and comply with applicable parts of the federal Safe Drinking Water Act and Texas Administrative Code, Title 30, Chapter 290.
REDEVELOPMENT -The construction of structures or improvements on areas which previously contained structures or improvements.
RETAINING WALL -A wall exceeding four (4) feet in height, as measured from the bottom of the footing, to the top of the wall, that is designed to resist lateral earth pressures, including any surcharge, such as a road, parking lot, structure, or sloping terrain.
RIGHT-OF-WAY -that portion of the subdivision dedicated to public use for streets, roads, and drainageways. Said dedication shall not convey fee title unless clearly stated in the dedication instrument.
SHOULD AND WILL -The word “should” is a recommendation and is not mandatory; the word “will” is mandatory.
STEEP SLOPE -Any slope equal to or greater than 15% as measured over any minimum run of 10 feet.
STREET OR ROAD -A public or private thoroughfare which provides vehicular access to adjacent land.
COLLECTOR STREETS -Intermediate streets that serve to connect local streets, other collector streets, or thoroughfare streets. Provides access to neighborhoods or other subregions and serves a collection and distribution function for the thoroughfare system.
LOCAL STREETS -Serve primarily to provide access to property abutting the public right-of-way. Usually used for short trips and low speeds, while discouraging through traffic.
THOROUGHFARE STREETS -serve high volume through traffic from collector and local streets with considerable rout continuity usually at higher constant speeds.
SUBDIVIDER -an individual, firm, partnership, joint venture, corporation, or other entity, that is the owner, or equitable owner, of land, or such owner’s agent, that divides or proposes to divide or develop land so as to constitute a subdivision. The term “subdivider” includes the term “developer,” even though the individuals or entities in successive stages of a development project may vary.
SUBDIVISION -a division of any lot, tract or parcel of land into two or more parts, the assembly of two or more tracts of land into one tract or lot, or the filing a development plat and the resulting land that is included in such development plat; also the resulting lots, tracts, and parcels resulting from or subject to such subdivision.
SURVEYOR -a Registered Professional Land Surveyor as authorized by the relevant State Statutes to practice the profession of surveying.
TABLE LAND -any area of land, including land at the top of a bluff or ravine, with a slope less than 5%, as measured over any minimum run of 10 feet.
TCEQ -The Texas Commission on Environmental Quality with the authority granted by the Texas Legislature to establish and enforce regulations codified in Title 30 of the Texas Administrative Code.
TIME SHARE -interval ownership of a piece of real estate (commonly a condominium unit, but may be any other real estate) for a certain interval or time period (example: one week each year). Said interval ownership can be either for a term of years (such as 20 years), or fee simple (absolute ownership).
UTILITY EASEMENT -easement dedicated by the owner of the proposed subdivision in perpetuity for the installation and maintenance of utilities and all the necessary appurtenances thereto installed above, on, or below the surface of the ground. Nothing shall be placed or permitted to remain within the dedicated easement limits that may damage or interfere with the proper installation and/or maintenance of utilities. Utility companies, their agents and assigns, shall have all of the rights and benefits necessary for the full enjoyment of the rights herein granted, including but not limited to the free right of ingress to and egress from the utility easement, and the right to, periodically, cut and/or remove all trees, brush and other obstructions that may injure, endanger or interfere with the operation and/or maintenance of utility installations.
WATER PRODUCTION FACILITY -system of pumps, treatment equipment, tanks and other devices designed to extract water from a source, provide necessary treatment to purify and disinfect, pressurize, pump, and store potable water.
(Ordinance 530 adopted 3/13/18; Ordinance 550, sec. 2B, adopted 8/14/18; Ordinance 589, ex. A(1), adopted 8/13/19)