City of Bellville, TX Plat Submittal, Procedure, Conditions for Approval and Recording

Preliminary plat meeting.

Prior to preparing or submitting a plat, the developer shall contact the city building official to arrange a preliminary plat meeting. The meeting is with the city staff and is an opportunity for the developer to meet with key people involved in the platting process. The meeting is informal and its purpose is to gather information, and inform staff members [of] the general idea of the developer’s platting proposal. The meeting will help insure compliance with the basic requirements and to arrive at a coordinated plat layout.

(b)

Submittal.

All persons desiring to subdivide land within the area of jurisdiction of this article shall prepare and submit to the city building official not less than twenty-eight (28) days prior to any meeting at which the plat is to be considered, the following information:

(1)

Two (2) originals and five (5) black line or blue line copies of a preliminary plat covering all of the contiguous land owned or controlled by the subdivider intended to be developed at any time, even though it is intended by the developer to file final plats and install improvements for parts of said tract by sections or units. The preliminary plat shall be in compliance with all applicable provisions of the subdivision design regulations.

(2)

Three (3) black line or blue line prints of the preliminary plans for the furnishing of water, the installation of sanitary sewer facilities, and provisions for storm sewers and general drainage facilities and associated calculations. Topographic contours of not more than one-foot (1') intervals shall be shown.

(3)

A letter of transmittal in duplicate giving the name and address of the owner or agent and the person or firm who prepared the plat.

(4)

Preliminarily proof of ownership of the land to be subdivided must be furnished. On or before final approval, the subdivider shall provide a certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in Texas, certifying to at least the following concerning title to the land: a statement of records examined and date of examination; description of the property in question by metes and bounds; name of the fee owner as of the date of examination and the date, file number, and volume and page of the recording of the deed involved; the name of any lienholder together with the date of filing and volume and page of such lien; and a general description of any easements or fee strips granted, along with the file number[,] date of filing, and volume and page of recording.

(5)

In cases where public streets, alleys, or easements are proposed to be platted across private easements or fee strips, a copy of the instrument establishing such private easement or fee strip shall be submitted. Where a private easement has no defined location, an effort shall be made to reach agreement on a defined easement. (Agreement must be reached before submission of final plat.)

(6)

A preliminary submittal shall be required for all replats of existing subdivisions containing major changes in the physical layout, as determined by the city council. However, the city building official or city council may, at its discretion, waive the various requirements of accompanying submittal information where the facts warrant.

(c)

Preliminary plat specifications.

The preliminary plat shall be drawn on 24-inch x 36-inch sheets at a scale not less than 1 inch = 100 feet. When more than one (1) sheet is necessary to accommodate the entire area, an index sheet at appropriate scale showing the entire area, shall be attached. The plat shall be drawn on mylar film positive accompanied by ten (10) paper copies. The following shall be shown on the preliminary plat:

(1)

Topographic contours of not more than one-foot (1') intervals.

(2)

Title or name of the subdivision.

(3)

Names and addresses of owners and/or subdividers.

(4)

Names and addresses of persons or firms preparing plat.

(5)

North point and scale.

(6)

Key map showing location of subdivision in relation to any existing streets and highways and original survey lines.

(7)

The boundary of the subdivision and accurate dimensions, both linear and angular, of the boundary.

(8)

All existing utilities, natural water or drainage courses, streets, lots, easements, and fee strips as to size and location within the subdivision.

(9)

Within two hundred feet (200') of the boundaries of the subdivision, all existing utilities, streets, and lots, as to size and location and property lines, survey lines, and the names of property owners.

(10)

All proposed blocks, lots, alleys, streets, utilities, easements, purposes thereof, drainage or water courses, recreation and special use areas, reserves and their proposed use, proposed land uses, screening devices, setback lines, proposed dedication of areas for public use other than streets and easements, and the approximate dimensions of all proposed items shall be shown. Public facilities and easements included in any city, county or regional plan that are included or adjacent to the land being subdivided shall be shown.

(11)

Street names and lot and block numbers.

(12)

Proposed sectioning, if any.

(13)

Area in subdivisions, total number of lots and total area of reserves.

(14)

Proposed location of sediment traps to be constructed for temporary or permanent purposes in streams and other drainageways.

(15)

Boundaries and locations of any floodplains to be shaded in as found by any governmental body or state agency acting in accordance with state law or local ordinance or regulation.

(16)

Proposed uses of the land within the subdivision including an outline or brief form of proposed restrictions.

(d)

Approval of preliminary plat.

(1)

Upon receipt of the preliminary plat and other information the city building official or city council shall render a decision within seventy-five (75) days from the filing date. Such decision may consist of approval, disapproval, or conditional approval. Conditional approval shall be considered to be approval of a plat subject to conformity with prescribed conditions, but shall be deemed to be disapproval of such plats until such conditions are complied with. All objections made to the preliminary plat, or conditions imposed, shall be furnished to the subdivider in writing.

(2)

When a preliminary plat has been approved, the subdivider shall within one (1) year thereafter file a final plat of sections of the proposed subdivision upon which approval of the preliminary plat has been obtained. Provided further, however, that the city council may, upon application and at its discretion, extend such period of validity not to exceed two (2) years. When a preliminary plat has been approved and thereafter the subdivider fails to submit a final plat of the subdivision or a section thereof within a period designated, the approval of the preliminary plat shall be void.

(Ordinance 1419, sec. 9.301, adopted 8/24/10)

(a)

Staking plat on ground.

All final plats must be in full accordance with the required certification made upon the plat by a registered land surveyor ascertaining that the plat represents a survey made by him and that all necessary monuments are accurately and correctly shown. The surveyor shall place such monuments as required by the city, including a benchmark as specified by the city engineer, and they shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines and points of curve, and at such intermediate points as shall be required by the city. Such monuments shall be of iron rods not less than five-eighths inch (5/8") in diameter and three feet (3') in length, driven securely into solid earth with the grades of same being at grade with established sidewalk, or if walk is not established, flush with natural grade of the earth’s surface.

(b)

Submittal.

After the foregoing procedure has been complied with and preliminary plat has been approved by the city council, or if the council has granted conditional approval, with the approval of the city building official after all conditions have been met, the subdivider shall prepare and submit to the city council, not less than twenty-eight (28) days prior to any meeting at which the plat is to be considered the following information:

(1)

Two (2) originals and five (5) copies of a final plat meeting all applicable requirements of the subdivision design requirements and the technical manual and certified by a surveyor registered by the State of Texas. The plat shall be drawn on tracing linen, plastic, or their equivalent with waterproof black tracing ink or reproduced by photographic process on linen, plastic, or their equivalent, to scale from an accurate survey made on the ground, and in all respects shall be neat. The final plat shall not show zoning information, construction features, cross-sections, public utility lines, or other structures not involved in the title covenant.

(2)

If required by the city council, the owner shall submit an affidavit that he has made no conveyance of any interest and that no additional liens are existing on the land within the plat since the date of the original title opinion or certification.

(3)

Tax certificates shall accompany the plat, indicating that all taxes have been paid.

(4)

No fee is required for the final plat.

(5)

The owner, developer, or dedicator of any subdivision plat wherein public streets, alleys, or easements are shown crossing private easements or fee strips shall by letter to the city building official or city council assume responsibility for seeing that any adjustments and protection of existing pipelines, or other facilities shall be planned and provided for to the satisfaction of the holder of the private easements of [or] fee strips and the city attorney prior to the approval of the plat by the city council and filing of the plat for record.

(c)

Requirements prior to final approval.

Before approval of the final plat by the city building official or city council and before recording of the plat shall be permitted by the city building official or city council, compliance with the following requirements shall be made:

(1)

Complete and detailed construction and plans [and] written specifications (indicating the method of construction and the materials to be used and specifying all construction equal to or better than hereinafter required and certified to by a professional engineer registered by the State of Texas) shall be submitted for:

(A)

The water distribution system showing the size and location of all existing and proposed water mains, service lines, valves, fire hydrants, and all other water distribution appurtenances within the proposed subdivision, also the location and method of connecting the proposed water lines, water mains, and water services to the city’s existing system. Refer to applicable provision of the technical manual for minimum requirements.

(B)

The sanitary sewer system showing by plans and profiles the size, location, and the gradient of all existing and proposed sanitary trunk lines, laterals, manholes, cleanouts, lift stations, and services within the proposed subdivision and the location and method of connecting the proposed sewer system into the existing sanitary sewer system or the proposed location, type, capacity, and plans of proposed treatment plant. Refer to applicable provisions of the technical manual for minimum requirements.

(C)

The natural gas distribution system showing the size and location of all existing and proposed gas mains, service lines, valves, regulators, and all other appurtenances within the proposed subdivision; also the location and method of connection to the city’s existing system. Refer to applicable provision of the technical manual for minimum requirements.

(D)

The stormwater drainage system showing by plans and profiles, the means and methods of draining the proposed subdivision, showing in detail all existing and proposed drainage structures and the means and methods of connecting the proposed drainage system into the city’s existing drainage system and the means and methods of sediment control shall be shown. Refer to applicable provision of the technical manual for minimum requirements.

(E)

All proposed bridges or culverts within the proposed subdivision, showing in detail, by plan and/or profile, the structural members[,] connectors, railings, approaches, reinforcing steel and deck, which bridges and culverts shall, at the city’s option, be constructed of concrete and/or metal and which culverts shall be a minimum of fifteen inches (15") inside diameter. Refer to applicable provisions of the technical manual for minimum requirements.

(F)

All existing and proposed streets and alleys within the proposed subdivision, showing by plans and profiles the width of the rights-of-way; the widths of the proposed roadways; the gradient of all curblines; the location and size of all drainage inlets; and the type of pavement. Refer to applicable provision of the technical manual for minimum requirements.

(G)

All proposed underground electrical system improvements.

(H)

All existing and proposed streetlights within the proposed subdivision, showing the location of any and all easements necessary to provide electricity for said light, with lights to be provided for on every street intersection within the proposed subdivision, and in such other locations as may be necessary to properly and evenly light the subdivision which in no event shall be comprised of a spacing between said lights of greater than five hundred feet (500').

(All of the above required plans and specifications must be approved by the city engineer or an engineer designated by the city council, and such approval indicated in writing along with his signature before the city council.)

(2)

If the subdivider elects to construct the required improvements prior to recording of the final plat, after such final plat has been approved, the city shall hold the final plat until all required improvements are accepted by the city council. All such construction shall be inspected while in progress by the city and must be approved upon completion by the city engineer. A certificate of completion by the developer’s engineer and by the city engineer certifying that the construction conforms to the plans and specifications and the standards contained in or referred to herein must be presented to the city council. Upon receipt of the certificate of completion and a one (1) year maintenance bond, the city council shall accept dedication of the improvements or deny the dedication of the improvements by giving the developer written notice of the deficiencies requiring correction prior to acceptance.

(3)

If the subdivider decides or elects to file security in lieu of completing construction prior to recording of the final plat, he may utilize one (1) of the following methods of posting security. If the subdivider elects to file security, the plat shall not be recorded unless the subdivider has done one (1) of the following:

(A)

Performance bond.

Has filed with the city council a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of Bellville, on a form approved by the city, in an amount based upon contract price for the improvement work and approved by the city engineer. The performance bond shall be approved as to form and legality by the city attorney; or

(B)

Trust agreement.

Has placed on deposit in a bank or trust company in the name of the city, and approved by the city, in a trust account, a sum of money equal to the contract cost of all improvements required by this article, approved by the city engineer, selection of the trustee shall be subject to approval by the city and trust agreement shall be executed on the form provided by the city and approved as to form and legality by the city attorney. Periodic withdrawals may be made from the trust account for a progress payment for installation costs. The amount of withdrawals shall be based upon progress work estimates approved by the city engineer. All such withdrawals shall be approved by the trustee; or

(C)

Unconditional letter of credit from a bank or savings [and] loan association or other financial institution as approved by the city council.

Has filed with the city council, a letter, in a form approved by the city, signed by a principal officer of a bank, savings and loan association, or other financial institution, acceptable to the city, agreeing to pay to the City of Bellville, on demand, a stipulated sum of money to apply to the contract cost of all improvements for which the subdivider is responsible under this article and approved by the city engineer. The letter shall state the name of the subdivision and shall list the improvements that the subdivider is required to provide.

(4)

If one (1) of the three (3) types of security is filed by the subdivider under subsection (c)(3) of this section, the city engineer shall inspect the construction of improvements while in progress, and, shall inspect such improvements upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to its acceptance or rejection. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to herein. If he rejects such construction, the city attorney shall, on direction of the city council, proceed to enforce the guarantees provided in this article.

(5)

When good cause exists, the city council may extend the period of time for completion under subsection (c)(3) of this section. No such extension shall be granted unless security as provided in said subsection (c)(3) has been provided by the subdivider covering the extended period of time.

(6)

The subdivider shall require his construction contractors with whom he contracts for furnishing materials and for installation of the improvements required under this article and shall himself be required to furnish to the city a maintenance bond guaranteeing that all workmanship and materials shall be free of defects for a period of one (1) year from the date of acceptance by the city council.

(7)

The following form shall be used in releasing subdivision bonds and signed by the city secretary.

NAME OF PRINCIPAL:

NAME OF SURETY(IES):

NAME OF SUBDIVISION:

This is to certify that all requirements of the City of Bellville, Texas, concerning the above named subdivision have been met and such bond is hereby released to the above designated principal and surety(ies).

City Secretary

City of Bellville, Texas

(SEAL)

(8)

The developer of any plat shall obtain from the holder of any private easement or fee strip within the plat crossed by proposed street, alley, or other public easements an instrument granting to the public the use of said public streets, alleys, or easements over and across said private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets, alleys, and easements indicated. A signed copy of this instrument shall be delivered to the city council and the original shall be filed for record along with the plat.

(9)

The developer shall furnish the city council with a letter from the holder of the private easement or fee strip in question, stating that arrangements for any required adjustments in pipelines, electrical transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easement or fee strip.

(d)

Final plat specifications.

The final plat shall include:

(1)

General.

The final plat shall be prepared and sealed by a registered professional land surveyor in accordance with the associated preliminary plat. The final plat shall have accurate dimensions, both linear and angular, of all items on the plat. Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearing. The plat shall be drawn on 24-inch x 36-inch sheets at a scale of not less than 1 inch = 100 feet, and shall include the following information as applicable:

(A)

The name of the subdivision, name and addresses of owners and/or subdividers, name and address of surveyor preparing plat. Legal description of plat and date of preparation or revision.

(B)

North point and scale and key map.

(C)

All certification statements, dedication restrictions and other inscriptions as required by this article.

(D)

All lots, blocks, streets, alleys, pipelines, fee strips, watercourses, easements, reserves and total area, number of lots, and number of blocks.

(E)

Setback lines.

(F)

All utility easements.

(G)

Street names, lot numbers, block numbers, and alphabetical identification of reserves.

(i)

Blocks are to be numbered consecutively within the overall plat as recorded.

(ii)

All lots are to be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat.

(iii)

Reserves (land to be used for other than residential purposes) are to be labeled A, B, C, etc., rather than numbered as blocks and lots.

(2)

Dimensions.

(A)

Streets and alleys.

(i)

Complete survey data (P.C., L.R.P.R.C., P.I.) shown on each side of streets and alleys and/or centerline.

(ii)

Length and bearings of all tangents.

(iii)

Dimensions from all angle points of curve to an adjacent side lot line.

(iv)

Actual width of all streets and alleys, measured at right angles or radially where curved.

(B)

Lots.

Complete bearings and dimensions for front, rear, and side lot lines. The following note for side lot lines may be used in lieu of bearing: “All side lot lines are either perpendicular or radial to street frontage unless otherwise noted.”

(C)

Watercourses and easements.

Distance to be provided along the side lot lines from the front lot line to the point where the side line crosses the drainage easement line or the high bank of a stream. Traverse line shall be provided along the edge of all large watercourses on a convenient location, preferably along a utility easement if paralleling the drainage easement of a stream.

(D)

Pipelines.

Pipelines having no defined easement location or width shall be tied by dimensions to all adjacent lot and tract corners. If no agreement can be reached on a defined easement, then building setback lines shall be shown at a distance of ten feet (10') from and parallel to the centerline of the pipeline.

(3)

Boundaries.

Ownership or outline of the tract or tracts the plat is proposed to subdivide shall be shown with very heavy, solid lines. The boundaries of the plat shall be described with complete and overall dimensions and bearings and be tied to an original corner of the original survey of which the subdivision is a part.

(4)

Existing data.

The location, width, and name of existing streets and subdivisions or property ownerships and the location and dimensions of existing lots, easements, pipelines, fee strips, survey lines, building lines, watercourses, or other important information shall be shown on all sides of the subdivision for a distance of not less then two hundred feet (200'). The lines of such indication beyond the plat boundary shall be dashed.

(e)

Approval of final plat.

(1)

Upon receipt of the final plat and other required information, the city council shall render a decision thereon within forty-five (45) days from the date of receipt. Such decision may consist of approval, disapproval, or conditional approval. Reasons for disapproval or conditional approval shall be stated to the developer-subdivider in writing. When a plat is subsequently refiled, the final plat meeting the objections or imposed conditions, and the city council shall within ten (10) days thereafter sign said final plat, provided it meets objections or imposed conditions.

(2)

On approval of the plat, said plat being otherwise fully and properly endorsed, the mayor and city secretary shall certify in writing said approval.

(3)

In no case shall the city council allow said plat to be approved and recorded until the city engineer or an engineer as appointed by the city council has approved all plans and specifications for the subdivision as herein required.

(4)

Final approval will expire one (1) year after the city council action granting approval of any plat unless the plat has been filed for record.

(5)

After final approval has been obtained prior to the recording of the plat, two (2) prints of the corrected plat shall be furnished to the city council at the developer’s expense.

(6)

The developer shall require performance and payment bonds from the contractor for one hundred percent (100%) of the cost of improvements, and shall assign them to the city upon completion of construction. The developer shall also provide to the city a one (1) year warranty against defective materials or workmanship on the improvements constructed.

(Ordinance 1419, sec. 9.302, adopted 8/24/10)