City of Smithville, TX PROCEDURE FOR PLAT APPROVAL

PRELIMINARY SKETCH

A preapplication conference with the City Manager and the City Building Official shall be required for all subdivisions. The subdivider shall provide a sketch of the proposed layout showing general road patterns and lot configuration at which time the City Manager and the City Building Official shall review the layout for compliance with the general subdivision requirements. The City Manager and/or the City Building Official shall note special design considerations that might apply to the subdivision as are evident to him at the time of preapplication. The preapplication conference shall be for information purposes and shall not be construed as a formal approval or commitment by the City.

The preliminary sketch shall be submitted to the planning and zoning commission for approval prior to the preparation of a plat.

1.2

CONCEPTUAL PLAN

Where the proposed subdivision constitutes a portion of a larger land area owned by the developer, the City Manager and/or the City Building Official may require a conceptual plan for development of the larger area. The purpose of a conceptual plan is to demonstrate conformance with the Comprehensive Plan, a compatible arrangement of land uses, the general location of major thoroughfares, and the feasible continuation of streets, drainage, utilities, and all other subdivision improvements.

A conceptual plan shall include all contiguous land owned by the subdivider or by any individual or entity with an ownership interest in the land included in the preliminary plat; provided that, if the area of such contiguous land is extensive, the City Manager and/or the City Building Official may require that the conceptual plan include only that amount of adjoining land which it finds sufficient to accomplish the above purpose.

The conceptual plan shall be drawn at a scale determined by the City Manager and/or the City Building Official. It shall show topography at five-foot contour intervals; generalized land uses; collector and arterial streets; drainage, water, and sewer service areas; and public or community facilities for such land area.

The subdivider may submit a conceptual plan and a preliminary plat for simultaneous consideration by the planning and zoning commission, with the subdivider’s acknowledgment that required changes to the conceptual plan might require corresponding changes to the preliminary plat. Following its acceptance by the planning and zoning commission, a conceptual plan shall be retained as a public record in the office of the City Clerk.

1.3

MINOR PLATS

A plat that meets the definition of a minor plat may be processed in one step thereby combining the preliminary plat and final plat requirements on the minor plat. Construction plans may not be required. The City Manager will determine whether the proposed subdivision meets the definition of a minor plat based on the information presented at the preapplication conference.

(Ordinance 9802-311 adopted 2/18/98)

§ 2 PRELIMINARY REVIEW.

2.1

SUBMISSION

The subdivider shall submit five (5) prints of a preliminary plat of any proposed subdivision to the City Secretary for review by the City Manager and the City Building Official and for transmission to the planning and zoning commission for their approval before the preparation of the final plat for record. The preliminary plat shall be prepared by a registered professional engineer or registered public surveyor, shall bear his seal, and shall be drawn to a scale of one hundred (100) feet to the inch. Scale variances may be granted by the City Manager and/or the City Building Official. The use of AutoCAD or compatible computer aided drafting (CAD) software is preferred.

2.2

CONTENTS

The preliminary plat shall show, contain, or be accompanied by the following information:

The names of the owner and/or subdivider, the registered engineer, or the licensed state land surveyor responsible for the survey or design of the plat.

The proposed name of the subdivision, which shall not be so similar to that of an existing subdivision as to cause confusion, and names of adjacent subdivisions.

Location of boundary lines and width and location of platted streets and alleys within, or adjacent to, the property for a distance of five hundred (500) feet; physical features of the property, including location of watercourses, ravines, bridges, culverts, present structures and other features pertinent to subdivision; and location of any existing utilities with size of sewer and water mains. The outline of wooded areas and the location of important individual trees is required. Topographical information with contour lines at two (2) foot intervals or closer shall be shown and shall be referred to City datum. Such information may be presented by separate plat filed with the subdivision plat if an overlay is also provided. The acreage of the property is to be indicated.

The flow of drainage with arrows sufficient to show predicted path. An explanation and depiction shall be attached to show outflow and inflow availability on high flow areas. Adjoining property where inflow originates or outflow exists must be attached to insure compliance with drainage or excessive run-off factors. No plat shall be considered for approval unless these drainage flows are attached.

All zoning designations applicable to the land to be subdivided and the boundaries of such zoning districts.

The City limit line, extraterritorial jurisdiction boundary, or other political boundaries that pass through the land to be subdivided.

The locations, rights-of-way, widths, names, and classifications of the proposed streets, roads, alleys, and other features and their location in relation to platted streets and alleys in adjacent subdivisions shall be shown. If there are no adjacent subdivisions, then a map, which may be made on small scale, must be presented showing the outline and ownership of adjacent properties, location and distance to the nearest subdivisions, and how the streets, alleys, or highways in the subdivision offered for record may connect with those in the newest subdivisions. Proposed streets shall not be shown over lands of adjacent owners unless written agreements covering this condition are presented with the plat.

The lot depth and the lot width at the street right-of-way line and, if different, at the building line for all lots.

A statement, as to type and width of grading, pavements, or surfacing proposed by the developer, shall be placed on the plat over the developer’s signature, and such proposed improvements shall receive written approval of the commission before any actual construction work is performed. The developer shall arrange with the appropriate utility department for the payment, and refund of all construction costs of each utility involved, and all such arrangements with a department of the City shall be in writing and subject to the approval of the commission.

A designation shall be shown of the proposed uses of land within the subdivision; that is, the type of residential use, location of business or industrial sites, and sites for churches, schools, parks or other special uses.

A north arrow, scale and date.

A key map showing the subdivision in relation to major streets in all directions to a distance of at least one (1) mile shall be included on the plat.

A copy of proposed deed restrictions or private covenants, if any, must accompany the preliminary plat and are subject to approval by the City Council.

2.3

CERTIFICATION

The following certificates shall be placed on the preliminary plat:

Revised for Preliminary Approval:
_______________________________ Building Inspector and/or City Manager	__________ Date
Approval for Preparation of Final Plat:
_______________________________ City Manager, City of Smithville	__________ Date

2.4

APPROVAL

After the preliminary approval by the City Administration, such preliminary plat shall be submitted to the planning and zoning commission for its tentative approval. The planning and zoning commission shall carefully examine said preliminary plat and all supporting data required to be submitted with such preliminary plat, and if found to be satisfactory, the planning and zoning commission shall give its tentative approval of said preliminary plat. The tentative approval of the preliminary plat by the planning and zoning commission does not constitute acceptance of the subdivision, but is merely an authorization to proceed with the preparation of the final plat.

2.5

FEES

Fees for the review of the preliminary plats shall be consistent with the current schedule of fees adopted by the City. A certificate shall be made by the proper officers showing that the fees provided for herein have been paid prior to the submission of any preliminary or final plats to the planning and zoning commission, and no approval shall be valid until the fee has been paid.

2.6

PRELIMINARY PLATS MEETING THE REQUIREMENTS OF FINAL PLAT

If a preliminary plat also meets the requirements of a final plat as per Section 3 below, the planning and zoning commission may recommend it to the City Council for approval. If the preliminary plat does not meet the requirements of a final plat, the subdivider shall resubmit the plat to the planning and zoning commission until those requirements are met. Upon approval of the plat as meeting all the requirements of the final plat, the planning and zoning commission may recommend approval by the City Council.

(Ordinance 9802-311 adopted 2/18/98)

§ 3 FINAL PLAT.

3.1

SUBMISSION

After the preliminary plat has been tentatively approved by the planning and zoning commission, five (5) prints of the final plat in the form of a record plat shall be prepared and submitted to the City Secretary for review by the City’s Planner and transmission to the planning and zoning commission. After review by the planning and zoning commission the final plat shall be submitted to the City Council for final action.

3.2

SCALE

The final plat of any subdivision shall be drawn to a scale of one hundred (100) feet to one (1) inch.

3.3

CONTENTS

The final plat shall show, contain, or be accompanied by the following information:

The names and owner and/or subdivider and of the licensed state land surveyor, or registered engineer responsible for that plat.

The name of the subdivision and adjacent subdivisions, the names of streets, to conform whenever possible to existing street names, and numbers of lots and blocks, in accordance with a systematic arrangement. In case of branching streets, other lines of departure shall be indicated.

An accurate boundary survey of the property, with bearings and distances, referenced to survey lines and established subdivisions, and showing the lines [of] all adjacent lands and the lines of adjacent streets and alleys, with the width and names. Street, alley, and lot lines in adjacent subdivisions shall be shown in dashed lines. This survey shall have a closure error of not more than one (1) foot in five thousand (5,000) feet.

Location of proposed lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. Contours, with an interval of one (1) foot or two (2) feet as governed by the topography, shall be shown as light, dashed lines. All elevations shown shall be referred to City datum. The contours may be shown on a separate sheet if so desired but the drawing shall be of the same scale as the plat.

The location of building lines on front and side streets, and the location of utility easements.

A north arrow, scale and date.

When more than one (1) sheet is used for a plat, a key map, showing the entire subdivision at smaller scale with block numbers and street names, shall be shown on a separate sheet of the same size.

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 addition. Such restrictions shall contain the following provisions, along with any other restrictions which may be imposed:

No house or dwelling unit shall be constructed on any lot in the addition by the owner or any other person until:

Such time as the developer and/or owner has complied with all requirements of the platting ordinance of the City regarding improvements with respect to the entire block on the street and/or streets on which the property abuts, a corner lot shall be regarded as abutting on both intersection street adjacent to such lot, including the actual installation of streets with the required base and paving, curb and gutter, drainage structures, and storm sewers and alleys, and water and sewer lines all according to the specification of the City Engineer; or

An escrow deposit, sufficient to pay for the cost of such improvement as determined by the City Building Inspector and/or administration computed on a private commercial rate basis, has been made with the City Secretary accompanied by an agreement signed by the developer and/or owner, authorizing the City to make such improvements at prevailing private commercial rates or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the City be obligated to make such improvements itself. Such deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the City Secretary, supported by evidence of work done; or

The developer and/or owner files a corporate surety bond with the City Secretary in the sum equal to the cost of such improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond which time shall be fixed by the City Building Inspector and/or Administration. These restrictions with respect to improvements are made to insure the installation of such improvements and to give notice to each prospective owner and to each prospective owner of lots in this subdivision that no house can be constructed on any lot in this subdivision until said improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein.

A certificate of dedication of all streets, public highways, alleys, parks 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. All deed restrictions that are to be filed with the plat shall be shown or filed separately.

An indemnity against any 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 subdivision.

A receipt showing that all taxes against the property are paid.

Certification by a registered engineer or a state licensed land surveyor to the effect that the plan represents a survey made by him, and that all the necessary survey monuments are correctly shown thereon.

The following certificates shall be placed on the plat in a manner that will allow the filling in thereof by the proper party.

_______________________________ Approved: Building Inspector	__________ Date
_______________________________ City Manager, City of Smithville	__________ Date

3.4

PLAN-PROFILE SHEETS

The final plat shall be accompanied by plan-profile sheets twenty-two (22) inches by thirty-four (34) inches and plotted to a scale of one hundred (100) feet to one (1) inch horizontal and ten (10) feet to one (1) inch vertical, for each proposed street in the subdivision. These plan-profiles shall show the right-of-way of the streets and the portions of the right-of-way of intersection streets in the plan portion. The profile portion shall show the existing ground and proposed grade at five (5) points of cross-section; that [is], at the centerline, the back-of-curb lines, and the property lines. The plan portion shall show the size and location of all drainage structures, storm sewers, curb inlets, etc., and the direction of flow of all stormwater.

3.5

ADVICE AND COOPERATION BY ENGINEER

Advice and cooperation in the preparation of plats will be freely given by the administration and the Building Inspector, but this section shall not be construed that any engineering work shall be done for the subdivider by the City.

(Ordinance 9802-311 adopted 2/18/98)

§ 4 CONSTRUCTION PLANS, INSPECTION, AND PERFORMANCE GUARANTEES.

4.1

CONSTRUCTION PLANS REQUIRED

Except for minor plats as defined herein, a reproducible drawing and two copies of detailed construction plans including two-foot contours shall accompany the final plat and shall include cost estimates for all proposed site improvements to be installed by the subdivider. All plans and engineering calculations shall bear the seal and signature of an engineer. These shall include, but not be limited to, the following site improvements:

Plans and profiles of streets, alleys, sidewalks, crosswalks, and monuments;

Plans, specifications, profiles, location, dimensions, depth, and grade, as applicable, of all proposed sanitary sewer system improvements including, where appropriate, collection lines, manholes, cleanouts, treatment and disposal systems, and lift stations to be provided by the subdivider;

Plans, specifications, profiles, location, dimensions, depth, and grade, as applicable, of all proposed water system improvements, including, where appropriate, water lines, fire hydrants, wells, reservoirs, storage facilities, treatment facilities, and pumping stations;

Storm drainage data and proposed drainage structures, including calculations of stormwater flow, watershed area, percent of runoff, and time of concentration; and

Erosion and sedimentation controls.

4.2

CONSTRUCTION GUARANTEE

The subdivider shall file security and maintenance guarantees if all construction is not completed prior to requesting final plat approval. The security guarantee shall be either money in escrow or a bond, irrevocable for a period of two (2) years from the date of approval of the final plat, in escrow or in a form approved by the City Attorney, in the amount equal to the estimated cost of constructing and installing all the improvements required by this Ordinance. Such bond shall guarantee that, in the event of failure of the subdivider to make such improvements, within two (2) years from the date of approval of the final plat, the subdivider’s bond shall be encumbered so as to cause the improvements to be constructed and installed without cost to the City.

4.3

EXTENSION OF TIME TO COMPLETE CONSTRUCTION

Where good cause exists, the Council may extend the period of time for completion under this section for an additional period of time not to exceed six (6) months if the subdivider has not completed the required site improvements or completed such improvements in compliance with this Ordinance. No such extension shall be granted unless construction and maintenance guarantees as required herein have been provided by the subdivider covering the extended period of time.

4.4

CONSTRUCTION INSPECTION AND CERTIFICATION

All plans and actual construction of required improvements shall be inspected by the City’s Engineer. No plans or completed construction will be considered for approval or acceptance by the Council without certification from the City’s Engineer that such plans and calculations and such construction are complete and that they are in accordance with specifications and standards contained or referenced herein, and/or with plans previously approved for the subject subdivision. The City’s Engineer shall make frequent field inspections during the construction period and arrange for testing in accordance with accepted civil engineering practice. The costs of such tests shall be paid by the subdivider prior to approval of the final plat. The engineer shall submit periodic progress reports to the Council during the construction period. The final responsibility for the adequacy and acceptability of all construction shall rest with the subdivider.

4.5

ACCEPTANCE OF CONSTRUCTION

The City’s Engineer shall inspect such improvements upon completion of construction and shall notify the subdivider and the City Attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction if it fails to comply with the City’s standards and specifications for construction of subdivision improvements. If he rejects such construction, the City Attorney shall, on direction of the Council, proceed to enforce the guarantees provided in this Ordinance.

4.6

MAINTENANCE GUARANTEE

Prior to such approval, the subdivider shall either deposit money in escrow or file with the Council a bond or other such guarantee acceptable to the Council, executed by a bank or a surety company holding a license to do business in the State of Texas, and acceptable to the Council, in an amount equal to ten (10) percent of the estimated construction cost of the improvements required, as estimated by the subdivider and approved by the City’s Engineer, conditioned that the subdivider will maintain such improvements in good condition and without cost to the City for a period of two (2) years after acceptance of completed construction. Such money in escrow or bond shall be approved as to form and legality by the City Attorney.

4.7

USE OF CONSTRUCTION AND MAINTENANCE GUARANTEES

Security and/or maintenance guarantees shall not be released by the City until all the requirements for approval and acceptance of improvements have been met. If it becomes apparent that the subdivider is not going to complete the construction of any or all of the required improvements in accordance with the previously approved plans and Ordinance requirements, or to provide the necessary maintenance within the stipulated two (2) year period (or any extension thereof granted under this Section), the City’s Engineer shall so inform the Council in writing, and the Council shall take necessary action against the guarantees and security posted by the subdivider to complete such construction or maintenance at no cost to the City. The Council may also file appropriate proceedings in District Court against the subdivider and his or her security as set forth above.

(Ordinance 9802-311 adopted 2/18/98)

§ 5 MINOR PLATS.

(Ordinance 9802-311 adopted 2/18/98)

§ 6 UTILITY CONNECTIONS.

Connection to the water and sanitary sewer lines of the City is mandatory and the owner and/or developer of the subdivision or addition shall obtain a written agreement with the City utility departments, covering the installation of necessary water and sewer facilities to properly serve the immediate development proposed. The cost of this extension shall be borne by the developer and/or owner. A refund agreement, if approved by the City, may be negotiated between the developer and the City regarding future development of intervening land. Any sewerage lift stations necessary to serve the development or addition shall be charged to the developer and/or owner and no refund will be made by the City. No water and/or sewer connections shall be made by the City until the requirements of the final plat have been complied with in the block facing the street on which the property is situated, or until an escrow deposit satisfactory to the City has been made by the owner and/or developer to cover installation costs. Construction of the utilities necessary to serve the subdivision or addition shall be handled by the City and computed by determining the current commercial construction rates including engineering costs. A refund to the developer and/or owner, if approved by the City, will be made by the City on a pro rata basis as connections are made. In no case will the refund exceed the original cost. After a period of five (5) years, any monies not refunded to the developer and/or owner shall revert to the City.

(Ordinance 9802-311 adopted 2/18/98)

§ 7 MAINTENANCE OF DEDICATED AREAS.

Approval of the plat shall not impose any duty upon the City concerning the maintenance of improvements of any dedicated parts indicated thereon until the proper authorities of the City shall have made actual inspection and acceptance of the same in writing.

(Ordinance 9802-311 adopted 2/18/98)

§ 8 REPLATTING.

Any replatting of any existing subdivision or any part thereof shall meet the requirements provided for in this chapter for a new subdivision.

(Ordinance 9802-311 adopted 2/18/98)

§ 9 MONUMENTS.

The engineer or surveyor responsible for the plat shall place permanent monuments at each corner of the boundary survey of the subdivision and the centerline intersection point of all streets. These monuments shall be a concrete post, four (4) inches in diameter and four (4) feet long, and other such type monuments as shall be approved by the City Building Inspector and/or Administration. The precise point of intersection shall be indented on the top of the monuments. Block corners shall be referenced to these monuments and the bearing and distance of the reference lines filed in written form with the City Building Inspector and/or Administration. Tops of monuments shall be set to pavements, grade in permanent type pavements, two (2) inches below grade in nonpermanent type pavements and flush with existing ground level in nonpaved areas. Elevations and locations of monuments shall be shown on the final plat.

(Ordinance 9802-311 adopted 2/18/98)

§ 10 FINAL PLAT APPROVAL.

10.1

CONVEYANCE OF RESERVE STRIPS

No subdivision or other addition to the City showing reserve strips of land controlling the access to public way or adjoining properties shall be approved unless such strips of land be conveyed to the City in fee simple.

10.2

CERTIFICATE OF APPROVAL

The following certificates shall be placed on the plat after it has been approved by the City Council:

I hereby certify that the above and foregoing Plat of __________ Addition to the City of Smithville [was approved by the City Council] on the _____ day of __________ 20__. This approval shall be invalid unless the approved plat of such addition is recorded in the office of the County Clerk of Bastrop County, Texas, within thirty (30) days from said date of final approval. Said addition shall be subject to all requirements of the Platting Ordinance of the City of Smithville.

(Ordinance 9802-311 adopted 2/18/98)

§ 11 REVIEW AND APPROVAL TIME.

Applications should be submitted at least fifteen (15) days prior to the meeting at which the approval is sought. The time required to review and process an application shall be a maximum of thirty (30) days following receipt of the complete application and required support documents. Application submittals which are incomplete shall be administratively denied. The City Manager or his designee shall provide to the applicant written notification of the administrative denial of any incomplete plat submittal within five (5) working days of the filing of the application. Written notice of administrative denial shall identify the required elements of the submittal which are incomplete or lacking.

(Ordinance 9802-311 adopted 2/18/98)

§ 12 EXPIRATION OF FINAL PLAT APPROVAL.

The City Council may revoke its approval of a final plat if construction is not begun within two (2) years after the City Council approval date rather than invoke the use of bonds or other construction financing guarantees as per Section 4 above. With the expiration of such final plat approval, a reapplication for subdivision must comply with the standards and other requirements for subdivisions in effect at the time of reapplication.

(Ordinance 9802-311 adopted 2/18/98)