Pursuant to the requirements of this code and subchapter B of chapter 212 of the Local Government Code, every person who proposes the development of a single tract of land within the corporate limits of the city or within its extraterritorial jurisdiction shall be required to submit a development plat of said tract and obtain approval of said plat prior to the commencement of construction upon said tract, and no construction shall commence upon said tract prior to the filing of a plat of said property in the county plat records. Development means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement. However, if a person is required under the subdivision regulations of the city (chapter 10, exhibit A), or other statute, to file a subdivision plat, a development plat under this article is not required in addition to the subdivision plat.
(Ordinance 02-15 adopted 5/7/02; 2001 Code, sec. 10.201)
(a)
Generally.
Every owner of property for which a development
plat has been submitted for approval shall be required to dedicate
to the city that portion of such property required to serve the property
with adequate streets, roadways, thoroughfares, utilities, drainage
improvements, or other public purposes, and such dedication requirements,
as imposed, shall be a prerequisite to plat approval.
(b)
Effect of plat approval or disapproval on dedication.
The approval of a plat is not considered an acceptance of any proposed
dedication and does not impose on the municipality any duty regarding
the maintenance or improvement of any dedicated parts until the city
makes an actual appropriation of the dedicated parts by entry, use,
or improvement. The disapproval of a plat is considered a refusal
by the municipality of the offered dedication indicated on the plat.
(Ordinance 02-15 adopted 5/7/02; 2001 Code, sec. 10.202)
The preparation, submittal, review, and approval of all development
plats shall proceed through the following steps:
(1)
Pre-submission conference. Meeting between the developer and the
city manager.
(2)
Preliminary development plat. Approved by the planning and zoning
commission and city council.
(3)
Final development plat. Approved by the planning and zoning commission
and city council.
(Ordinance 02-15 adopted 5/7/02; 2001 Code, sec. 10.203; Ordinance adopting 2017 Code)
This step is intended to be of mutual benefit to the developer
and the community by determining the suitability and time of development
of a tract of land in relation to availability of services and facilities.
This step also involves considerable development planning which precedes
actual preparation of the preliminary development plat. The developer’s
engineer, surveyor, or planner shall present the proposal to the city
manager, who shall inform the developer’s engineer, surveyor
or planner of the details regarding platting procedures and requirements.
(2)
Actions required of the city manager.
(A)
Determine existing zoning of the tract if within the city and determine
if a zoning change is involved.
(B)
Determine the adequacy of, and possible effects on, existing or proposed
schools, parks, and other public uses.
(C)
Determine the relationship of the proposed development to such existing
and proposed facilities as major streets, availability of utility
systems, adequacy of accessibility, and any unusual problems such
as drainage, topography or flooding.
(Ordinance 02-15 adopted 5/7/02; 2001 Code, sec. 10.204; Ordinance adopting 2017 Code)
(a)
Generally.
The preliminary plat phase of land development
includes detailed planning, submittal, review, and approval of the
preliminary development plat. To avoid delay in processing his application,
the developer’s engineer or surveyor should provide the city
manager with all information essential to determine the character
and general acceptability of the proposed development.
(b)
Zoning.
The development should be designed within the
requirements for the specific zoning district within which it is located.
Any change in zoning required in relation to the preliminary development
plat shall have been adopted by the city council prior to preliminary
development plat approval by the commission.
(c)
Preliminary development plat submission.
Upon an agreeable
completion of the pre-application conference step, the developer shall
prepare and submit the preliminary development plat to the city manager
not less than fourteen (14) days prior to the commission meeting at
which such plat is to be considered. The following information, certified
by a registered professional land surveyor, in accordance with the
requirements of this code, shall be submitted:
(1)
The developer shall submit seven (7) copies of the preliminary development
plat showing the general features of the proposed development, and
a digital file of the preliminary development plat in Adobe Systems
PDF format on compact disc, to the city planning commission, by filing
the same with the development services department at least thirty
(30) days prior to the regular meeting.
(2)
This preliminary development plat shall be drawn on a scale of one
(1) inch equals one hundred (100) feet or larger and shall show the
following:
(A)
The outline of the tract that is proposed to be developed, with boundary
dimensions, and any zoning prefix designation.
(B)
The proposed plan of development, showing streets, sidewalks, alleys,
easements, parks, building lines, etc., with principal dimensions.
The preliminary development plat shall cover all of the tract intended
to be developed.
(C)
The location, width, and name of existing streets and any blocks,
lots, alleys, easements, building lines, watercourses, floodplain,
boundary of tree cover, or other natural features in the area affected,
with principal dimensions, and any other significant information on
all sides for a distance of not less than one hundred (100) feet.
(D)
The names of proposed streets. The location of the nearest existing
sewers, water and gas mains, and other public utilities if any. If
none near vicinity, so state.
(E)
A proposed general plan for drainage to include calculation of the
100-year storm for any stream, creek, or channel and the limits of
any floodplain either as designated by FEMA mapping or limits as may
be determined by the owner’s registered professional civil engineer.
(F)
The proposed drainage plan shall include: a topographical map in
sufficient detail showing all abutting drainage areas contributing
to the stormwater flows within the proposed development, preliminary
plans for drainage improvements within the proposed development, and
all calculations relating to the design of the drainage plan and its
impact on the downstream system.
(G)
The north point, scale, and date.
(H)
The name of the owner or owners and the signature, date, and seal
of the registered professional land surveyor who has prepared the
preliminary development plat.
(I)
A vicinity sketch or key map at a scale of not more than one thousand
(1,000) feet to the inch which shall show all existing developments,
streets, and tracts of acreage in the area.
(J)
The contours shall be intervals of five (5) feet or less.
(K)
The proposed plan of improvements and utilities to be constructed
in the development prepared by a registered professional engineer
shall be shown with indication of street widths and utility line sizes.
The accurate location of any existing utilities within the development
shall be shown on the preliminary development plat.
(L)
The following certificate shall be placed on the preliminary development
plat:
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APPROVED PRELIMINARY DEVELOPMENT PLAT
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Chairman
Planning Commission
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Date
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Mayor
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Date
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Secretary
Planning Commission
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Date
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City Secretary
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Date
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(M)
One copy of the signed plat shall be returned to the developer.
(3)
If groundwater is intended to be the source of supply, a certification
statement from the Upper Trinity Groundwater Conservation District
that complies with TCEQ rules, certifying that adequate groundwater
is available for the development is also required.
(d)
Preliminary development plat review.
(1)
On receipt of the preliminary development plat, the city manager
shall:
(A)
Review the preliminary development plat for compliance with public
objectives, giving special attention to design principles and standards,
to streets and thoroughfares, and to existing and proposed zoning
and land use of the tract and adjacent tracts.
(2)
The reviewing offices will transmit their recommendations to the
city manager, who will then summarize the recommendations of the reviewing
officer and present them to the planning commission for their consideration
in action on the preliminary development plat.
(e)
Preliminary development plat approval.
If the requirements
of this code have been met, the commission shall render a decision
thereon at the next regular meeting of the commission. Such decision
may consist of approval, conditional approval, or disapproval. The
recommendation of the planning and zoning commission shall be sent
to the city council for their final approval and acceptance of the
preliminary development plat. The commission shall act on the plat
within the thirty (30) day period following the filing of the plat
with the city manager. The city council shall act on the plat within
thirty (30) days after receiving the recommendation of the commission.
(1)
The approval or conditional approval of a preliminary development
plat by the council is the authorization to proceed with the preparation
of the final development plat and application to consider the final
development plat. Approval or conditional approval of a preliminary
development plat does not constitute the acceptance of a development
or the improvements placed therein.
(2)
The conditional approval of a preliminary development plat by the council is the approval of the plat subject to compliance with all conditions prescribed by the council. All conditions prescribed by the council shall be furnished in writing to the developer within fourteen (14) days of council action. Compliance with the conditions imposed shall be reflected on the “approved preliminary development plat” to be submitted following council approval, as set forth in subsection (5) below, and on the final development plat and related documents required for consideration of the final development plat. Failure to comply with the conditions imposed shall constitute disapproval of the preliminary development plat.
(3)
The disapproval of a preliminary development plat by the council
shall be final. Written notice of the reasons for disapproval shall
be provided to the developer within fourteen (14) days of council
action.
(4)
Council approval or conditional approval shall be valid for a period
of twelve (12) months from the date of council action. If within the
twelve (12) month period no application is made for final development
plat consideration, the preliminary development plat shall become
null and void. The developer may request and the council, at its discretion,
may grant an extension of the time limit for a specified period of
time.
(5)
Upon council approval of the preliminary development plat, the developer
shall provide to the city five (5) copies of the plat, with revisions
needed to comply with a conditional approval (if no revisions are
necessary, the five (5) copies of the plat originally submitted will
suffice), and bearing the following:
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APPROVED PRELIMINARY DEVELOPMENT PLAT
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|---|---|---|---|
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Chairman
Planning Commission
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Date
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Mayor
|
Date
|
|
Secretary
Planning Commission
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Date
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City Secretary
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Date
|
(Ordinance 02-15 adopted 5/7/02; Ordinance 09-23, sec. 1, adopted 6/2/09; 2001
Code, sec. 10.205; Ordinance adopting 2017 Code; Ordinance 2024-24 adopted 9/9/2024)
(This step includes the final design of the development, engineering
of public improvements, and submittal of the final development plat
by the developer.)
(a)
Final development plat submission.
After the preliminary
development plat has been approved by the council and any or all conditions
are complied with, the developer’s registered professional land
surveyor shall prepare and file with the city manager, not less than
fourteen (14) days prior to the meeting of the planning commission
at which the plat is to be considered, a final plat which shall comply
with the requirements of this code and shall include the following:
(1)
The developer shall submit ten (10) copies and two (2) mylars of
the final development plat, and a digital file of the final development
plat in Adobe Systems PDF and AutoCAD DWG (or DXF) format on compact
disc to the development services department.
(2)
The final development plat shall be proper for filing for record
in the office of the county clerk with the following information given:
(A)
The name or names of the owner and developer.
(B)
The name of the registered professional land surveyor who prepared
the plat.
(C)
The name of the street (to conform whenever possible to existing
street names).
(D)
The north point, date, acreage of the lot, and scale.
(E)
An accurate boundary survey of the property, with bearings and distances
referenced to the corner of an existing survey or established development,
with complete and accurate field notes of said boundaries. The lines
with dimensions of all adjacent lands and alleys, and easements in
adjacent properties shall be shown in dashed lines.
(F)
Each existing or proposed building, structure, or improvement or
proposed modification of the external configuration of the building,
structure, or improvement.
(G)
Each easement and right-of-way within or abutting the boundary of
the surveyed property.
(H)
The dimensions of each street, sidewalk, alley, square, park, or
other part of the property intended to be dedicated to public use
or for the use of purchasers or owners of lots fronting on or adjacent
to the street, sidewalk, alley, square, park, or other part.
(I)
All necessary dimensions, including linear, angular, and curvilinear,
and other surveying information necessary to reproduce the plat on
the ground with the linear and curvilinear dimensions shown in feet
and decimals of a foot.
(J)
The angular dimensions shall be shown by true bearings. The length
of all straight lines, deflection angles, radii, tangents, and central
angle of curves shall be shown for the centerline of the street. Dimensions
shall be shown from all angle points and points of curve of lot lines.
All lots on curves shall be shown with curve length dimensions based
on arc definitions.
(K)
All survey monuments shall be shown on the plat.
(L)
Certification by a registered professional land surveyor, licensed
by the state, placed on the plat as follows:
KNOW ALL MEN BY THESE PRESENTS:
THAT I, __________, do hereby certify that I prepared this plat
from an actual and accurate survey of the land and that the corner
monuments shown thereon shall be properly placed, under my personal
supervision, in accordance with the regulations of the Bridgeport
City Code.
(SEAL)
(M)
Certificate of approval by the planning commission to be placed on
the plat in a manner that will allow the filling in of the certificate:
I hereby certify that the above and foregoing Final Development
Plat of __________ was approved this _____ day of __________, 20___,
by the Planning and Zoning Commission of the City of Bridgeport, Texas.
Chairman _______ City Secretary ________
Said plat shall be subject to all the requirements of the Subdivision
Regulations of the City of Bridgeport.
Witness my hand this _____ day of __________, 20___.
__________, Secretary
(N)
An instrument of dedication, signed and acknowledged by the owner
or owners and by all other parties who have a mortgage or lien interest
in the property, showing all restrictions, reservations, and/or easements
if any, to be imposed and reserved in connection with the plat. Such
restrictions shall include the following provisions:
No house, dwelling unit, or other structure shall be constructed
on this lot by the owner or any other person until:
(i)
Such time as the developer and/or owner has complied with all
requirements of the subdivision regulations of the city regarding
improvements within the area so platted, including the actual installation
of streets with the required base and paving, curb and gutter, drainage
structures, storm sewers, and water and sewer utilities, all according
to the specifications of the city; or
(ii)
The developer files with the city secretary either a corporate
surety bond, escrow deposit, or irrevocable letter of credit in a
sum equal to the cost of such improvements thereon within the time
period established by the city for completion of said improvements.
The developer shall execute an agreement authorizing the city to make
or complete said improvements in the event the developer fails or
refuses to make or complete said improvements within the time so stated
for completion thereof. The corporate surety bond, escrow or irrevocable
letter of credit shall comply with the following:
a.
The sum equal to the cost of improvements shall include all
construction costs, the costs of construction staking, and engineering
services related to construction, including but not limited to periodic
administration, and preparation of as-built plans. The cost estimate
for construction and related administration shall be prepared by the
developer’s engineer based on currently prevailing private commercial
rates and approved by the city manager.
b.
The escrow deposit shall be in the form of a cashier’s
check payable to the “City of Bridgeport” escrow account.
The city shall open an interest-bearing escrow account bearing the
development name with the city’s depository bank or other authorized
investment entity. All interest accrued by said account shall be deposited
to the account. The city shall have the right to use the principal
of the escrow deposit and all accrued interest to make or complete
construction of improvements as provided by this code. The developer
may reduce the amount of escrow deposit equal to the cost, less ten
(10) percent thereof, of each major phase of improvements as such
phases are completed and satisfactorily pass all applicable test inspections.
The major phases are: (1) water and sewer utilities; and (2) streets
and drainage. The release of any portion of the escrow deposit shall
not include any accrued interest and shall not constitute final acceptance
of the improvements by the city. Upon final completion and final acceptance
of all improvements, the city shall release to the developer the remaining
balance of the escrow deposit for the development along with interest
accrued and paid on the same.
c.
An irrevocable letter of credit shall be in a form and drawn
from a bank satisfactory to the city and in the amount equal to the
cost of improvements as defined heretofore. The amount of the irrevocable
letter of credit may be reduced by the developer upon completion of
each major phase of construction in the same manner applicable to
the escrow deposit.
d.
These restrictions, with respect to improvements, are made to
insure the installation of such improvements and to give notice to
the owner of the development that no house or other building can be
constructed until such improvements are actually made or provided
for.
(3)
A certificate of dedication of all streets, alleys, and other land
intended for public use, signed by the owner or owners and by all
other parties who have a mortgage or lien interest in the property
and acknowledged before a notary public.
(4)
A waiver of claim for damages against the city occasioned by the
establishment of grades or the alteration of the surface of any portion
of existing streets and alleys to conform to the grades established
in the development.
(5)
Receipt showing that all taxes are paid. The final development plat
submitted to the planning commission and to be filed for record with
the county clerk shall not show construction or physical features
unless so unusual as to be of significance; except that the shoreline
of water areas shall be shown with the date surveyed.
(7)
If groundwater is intended to be the source of supply, a certification
statement from the Upper Trinity Groundwater Conservation District
that complies with TCEQ rules, certifying that adequate groundwater
is available for the development is also required.
(b)
Final development plat review.
On receipt of the final
development plat, the city manager shall check the final development
plat for completeness and conformity to the approved preliminary development
plat and prepare and submit a written recommendation to the planning
commission.
(c)
Final development plat approval.
(1)
Upon filing of the final development plat with the city manager by
the developer, the commission shall render a decision thereon within
thirty (30) days. Said decision may consist of approval, disapproval,
or conditional approval. Reasons for disapproval or conditional approval
shall be stated by the commission in writing within fourteen (14)
days. The recommendation of the planning and zoning commission shall
be sent to the city council for their final approval and acceptance
of the final development plat. When a final development plat is approved
with conditions, ten (10) revised prints shall be submitted showing
compliance with the conditions. The city council shall act on the
final development plat within thirty (30) days after receiving the
recommendation of the commission.
(2)
The disapproval of a final development plat by the council shall
be final. Written notice of the reasons for disapproval shall be provided
to the developer within fourteen (14) days of council action.
(3)
Council approval or conditional approval shall be valid for a period
of twelve (12) months from the date of council action. If within the
twelve (12) month period construction has not begun, the final development
plat shall become null and void. The developer may request and the
council, at its discretion, may grant an extension of the time limit
for a specified period of time.
(4)
Upon council approval of the final development plat, the developer
shall provide to the city five (5) copies of the plat, with revisions
needed to comply with a conditional approval, and bearing the following:
|
APPROVED PRELIMINARY DEVELOPMENT PLAT
| |||
|---|---|---|---|
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Chairman
Planning Commission
|
Date
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Mayor
|
Date
|
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Secretary
Planning Commission
|
Date
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City Secretary
|
Date
|
(5)
After the final development plat has been approved and has been fully
and properly endorsed, the city secretary shall file the plat with
the county clerk.
(Ordinance 02-15 adopted 5/7/02; Ordinance 09-23, sec. 2, adopted 6/2/09; 2001
Code, sec. 10.206; Ordinance adopting 2017 Code; Ordinance 2024-24 adopted 9/9/2024)
When applicable, no permit for the construction of a building
or buildings upon any tract or plot shall be issued until a building
site, building tract, or building lot has been created by compliance
with one of the following conditions:
(1)
The lot or tract is part of a plat or development plat of record,
properly approved by the planning and zoning commission, and filed
in the plat records of the county.
(2)
The plot or tract is all or part of a site plan officially approved
by the city council, and compliance has been made with provisions
and improvements approved on such site plan for all utility and drainage
easements, dedication of streets, alleys and other public improvements
required to meet the standards established for the platting of land.
(3)
No building hereafter erected, converted or structurally altered
shall be used or occupied until a certificate of occupancy has been
issued by the building official which signifies compliance to the
appropriate zoning district.
(Ordinance 02-15 adopted 5/7/02; 2001 Code, sec. 10.207)
