Chapter 23.5. Land Subdivision Regulations

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. Definitions not expressly prescribed herein shall have the meaning given to such term in chapter 24 of this Code, V.T.C.A., Local Government Code ch. 212, or in accordance with the customary usage in municipal planning and engineering practices.

(1) Amending plat. A map or drawing intended to correct errors or make minor changes to an existing plat as more thoroughly detailed in section 23.5-30.

(2) Administrative official. The individual or individuals charged with the administration and enforcement of this chapter, or his duly authorized representative.

(3) City. The City of Bellaire, Texas.

(4) Commission. The planning and zoning commission of the city.

(5) Final plat. The map or drawing on which a subdivider's plan of subdivision is presented in final recordable form for approval by the commission.

(6) Plat. A complete and exact map representing a tract of land, showing the boundaries and location of individual lots, easements, and streets. A plat may include a replat, amending plat, final plat, preliminary plat, or vacating plat.

(7) Preliminary plat. The map or drawing on which a subdivider's plan of subdivision is initially presented to the Commission.

(8) Replat. A map or drawing which changes an existing plat and such proposed change is not covered under the definition of Amending Plat and is more thoroughly detailed in V.T.C.A. Local Government Code §§ 212.014 and 212.0145.

(9) Subdivider. The owner of the property, or his legal representative, who proposes to subdivide a lot or tract of land within the city.

(10) Subdivision. The division of a lot or tract of land into two or more lots, sites, or other division of the land for the purpose of sale or development.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The purpose of this chapter is to achieve orderly urban development through land subdivision and assemblage to assure the best possible community environment in accordance with the comprehensive plan of the city, to provide for adequate municipal services and safe streets, and to protect and promote the public health, safety and general welfare. The provisions of this chapter shall be the minimum requirements; and whenever the principles, standards or requirements of any required permit or any other applicable provision of the Code of Ordinances of the city are higher or more restrictive, then the latter shall control.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The commission shall have the authority and responsibility for the approval of all plats within the City of Bellaire in accordance with V.T.C.A., Local Government Code ch. 212, and the provisions of this chapter are adopted in the exercise of the power granted to municipalities by such statute.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

All property proposed for subdivision within the city shall hereafter be laid out in accordance with this chapter for approval by the commission, and no other subdivision will be recognized by the city. Prior to any proposed plat being considered by the commission, the administrative official will review the plat and make written recommendations to the commission on said subdivision request.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

No permits of any nature shall be issued by the building official for any development in a subdivision not approved in accordance with this chapter, and until such time that the city is in receipt of a copy of the original recorded plat having been filed in the real property records of Harris County, Texas.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Generally. All subdivisions shall be surveyed on the ground and all lot and block corners tasked with iron pins. During construction, pavement, drainage facilities and utilities shall be staked.

(b) By whom surveying to be done. All surveying shall be done by a land surveyor, licensed by the State of Texas, in the employ of the owner or developer.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

From time to time the city manager shall establish nonrefundable fees for the submission of plats and the provision of services described in this chapter. The fees so established shall include all administrative costs, costs for publication and distribution of required notices and the cost of recording an approved plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) In General. Subject to subsections (b) and (c) of this section, the Administrative Official is specifically delegated the authority to approve the types of plats, replats and amending plats for which such delegation is authorized by V.T.C.A., Local Government Code, § 212.0065.

(b) Exceptions. The administrative official is not authorized to approve any plat, replat or amending plat that:

(1) Increases the number of subdivided lots;

(2) Creates irregularly shaped lots;

(3) Reduces or adversely affects any front yard, side yard, street area, public easement or other public property;

(4) Requires a variance or other discretionary approval by the commission;

(5) Requires a public hearing;

(6) Is not clearly within the scope of said V.T.C.A., Local Government Code § 212.0065; or

(7) Does not clearly comply with this chapter, chapter 24 of this Code and other applicable regulations.

(c) Subject to law. This delegation is subject to V.T.C.A., Local Government Code ch. 212 and other applicable regulations, including specifically the provisions in V.T.C.A., Local Government Code § 212.0065 regarding referral of plats to the commission.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Prior to the filing of a preliminary plat, the subdivider may request to meet with the administrative official to familiarize him or herself with the city's development regulations. At such meeting, the general character of the development may be discussed, and items may be included concerning zoning, utility service, street requirements and other pertinent factors related to the proposed subdivision. At the preapplication conference, the subdivider may be represented by his or her land planner, engineer or surveyor.

(b) If the request for the meeting is to ascertain platting requirements or discuss a plan for development, the request shall be made in writing on a form prepared by the administrative official and shall state that any proposed development concept discussed at the preapplication conference is not intended as a plan of development or application for plat approval. If the request for the meeting is to present a development plan or plat application which meets the criteria set forth in this chapter, the administrative official shall process the plan or application in accordance with this article.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Requirements for completeness determination.

(1) Every application for approval of any type of plat shall be subject to a determination of completeness by the administrative official.

(2) No application for any type of plat approval shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this chapter. For a determination of completeness to be issued, an application must include the following:

a. A completed application form signed by the owner or the owner's authorized agent, as shown by affidavit or power of attorney;

b. Every item, study, and document required by this chapter for the type of plat being submitted; and

c. A nonrefundable application submittal fee, as specified in the fee schedule.

(3) The administrative official may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in this chapter.

(4) A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter.

(b) Determination of completeness.

(1) Not later than the tenth business day after the date an application for plat approval is submitted, the administrative official shall make written determination that all information and documents required by this chapter for the type of plat being submitted or other requirements have been submitted. A determination that the application is complete shall be mailed to the applicant within such time period by United States Certified Mail at the address listed on the application or through electronic mail if so noted on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date of the initial application was submitted.

(2) An application for approval of a plat filed on or after the effective date of this article shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. Notwithstanding the administrative official's failure to mail the notice by the tenth day, the official filing date for the plat application shall be the date that the administrative official determines the application is complete for submission to the commission.

(3) The processing of an application by any city employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant.

(4) An application for plat approval shall be deemed to expire on the 45th day after the application is submitted to the administrative official for processing if the applicant fails to provide documents or other information necessary to meet the requirements of the chapter or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the plat must be submitted, together with a new fee.

(5) No vested rights accrue solely from filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The subdivider shall cause to be prepared a preliminary plat, except in the case of amending plats, replats, or vacating plats. The commission may waive the requirement for a preliminary plat for simple replats and other appropriate plats, when, in the judgment of the commission, sufficient information is available from the official site plan or other sources.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The subdivider shall file three copies of the preliminary plat with the administrative official at least 21 days prior to the date on which the formal application for the preliminary plat approval is made to the commission, unless the commission has formally adopted a filing schedule, to detail meeting and filing deadlines, and such schedule shall be enforced.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The subdivider shall make formal application for preliminary plat approval to the commission in writing. Such application shall be made on a form provided by the administrative official, completed in full and provided along with other materials required at the time the preliminary plat is submitted.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The preliminary plat shall show the following:

(1) Dedicatory language and acknowledgement in form and substance required by the administrative official and approved by the commission;

(2) A title including the name of the subdivision, owner or owners and licensed land surveyor or registered civil engineer responsible for the preliminary plat;

(3) The subdivision boundary lines indicated by heavy lines, lot lines and the computed area of the subdivision and each lot in the subdivision;

(4) The date of preparation, scale of plat and north arrow. The scale shall be one inch equals 20 feet minimum, unless otherwise approved by the administrative official;

(5) A number and/or letter to identify each tract or lot;

(6) The front building setback lines on all lots and tracts and, for corner lots, the side yard set back on any side with street frontage. The street to which the lot or tract is dedicated and the proposed street address (if available) shall be included;

(7) Proposed and/or existing easements, including drainage, utilities and streets, both public and private. Existing easements shall be differentiated from proposed;

(8) Topographical lines at two-foot minimums;

(9) A location inset in the upper right hand corner of the preliminary plat to show the subdivision in relation to adjacent streets in all directions for a distance of at least one-quarter mile;

(10) Other matters as required by law or as may be requested by the administrative official.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(1) Paper prints from the original drawing of the preliminary plat, reproduced on white paper with blue or black lines, or blue paper with black lines, shall be submitted in such reasonable numbers as shall be determined by the administrative official. Once the administrative official has reviewed the submittals, an additional reasonable number of copies plus one reproducible copy of the preliminary plat will be required. An electronic copy of the final submitted preliminary plat shall also be required.

(2) A notarized certificate on the face of the preliminary plat, executed by the subdivider, which certifies that all existing encumbrances, including easements, fee strips or significant topographical features on the land being platted are fully shown and accurately identified and plotted on the face of the preliminary plat. Such certificate shall further state whether the subdivider owns or has a legal interest in any property adjacent to the proposed subdivision; and if so, a statement as to the extent of such ownership and a boundary description of the land involved must also be provided.

(3) A city planning letter from a title guaranty company authorized to do business in the State of Texas certifying that a search of the appropriate records was made of the land proposed to be subdivided within 30 days prior to the date the application for preliminary plat was submitted to the administrative official. Such letter shall state the current record owner of the property and show all encumbrances, restrictions, encroachments and liens, if any, found of record and affecting title to the property. Legible copies of all such documentation shall be provided to the administrative official with the city planning letter.

(4) An accurate on the ground boundary survey of the property with bearings and distances; showing the lines of all adjacent land, streets and alleys, with their names and width clearly delineated. All necessary data to reproduce the plat on the ground must be shown on the plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Generally. The preliminary plat, and any additional materials that may be required, shall be reviewed by the administrative official and other city staff as may be deemed necessary. If any deficiencies are found in the process of review, then the administrative official shall notify the applicant in writing as soon thereafter as is practical. If deficiencies are not found or if corrected, the administrative official shall refer the preliminary plat to the commission for conditional approval. Such referral shall be made to the commission in writing and shall include a statement by the administrative official certifying that the review described herein was completed and no deficiencies were found and that the plat requested for approval complies with the applicable zoning requirements then in effect. The commission shall check the preliminary plat as to its conformity with the provisions of this chapter and all other applicable ordinances and state laws.

(b) Approval. The submitted preliminary plat must be acted upon in a timely manner as required by V.T.C.A., Local Government Code § 212.009.

(c) Effect of approval. Approval of a preliminary plat by the commission shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the approval of the layout of any streets, utilities and other improvements and to the preparation of the final plat.

(d) Length of approval, changes. Approval of the preliminary plat shall be effective for 12 months, unless reviewed by the commission in the light of new or significant information that would necessitate a revision of the preliminary plat. If, prior to the approval of the final plat, the commission determines that changes are necessary in the preliminary plat, it shall inform the subdivider in writing of the necessary changes in the preliminary plat to bring it into conformity with this chapter or other ordinances of the city.

(e) Seal required. All plans shall bear the seal and signature of a registered surveyor. Plats containing engineering calculations shall bear the seal and signature of the engineer licensed in the State of Texas.

(f) Not to constitute final approval. Approval of a preliminary plat shall not constitute automatic approval of the final plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The final plat and accompanying documentation shall conform to the form and content of the preliminary plat and other required data as approved by the commission, incorporating any and all changes, modifications, alternations, corrections and conditions as set out in the letters of preliminary approval from the commission and must show all proposed and existing streets and any easements including those for utilities and drainage ways. This division also applies to replats and vacating plats, for which preliminary approval is not required (or is waived as provided in this chapter).

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The final plat shall be drawn to a scale of one-inch equals 20 feet minimum, unless otherwise approved by the administrative official. The final plat shall be drawn on mylar or a finish which is of equal or greater durability and shall be 24 inches by 36 inches unless otherwise approved by the administrative official.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The final plat shall be submitted in such reasonable numbers as is required by the administrative official. Additionally, an electronic copy of the final plat is to be submitted.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The final plat shall include the following dedicatory language and acknowledgements, as applicable, which shall be in form as provided by the administrative official and approved by the commission:

(1) A dedication forever of all public streets and other public rights-of-ways and easements as created by the plat, which shall be the same as those shown on the preliminary plat, which dedication shall be signed and acknowledged before a notary public by the owner and lien holder, if any, of the land made a part of the subdivision.

(2) Lien holders statement, if applicable;

(3) Certificate of the engineer or surveyor;

(4) Certificate for planning and zoning commission;

(5) Court clerk filing statement; and

(6) Other acknowledgements that might be necessary.

Additionally, a complete and accurate legal description of the land to be subdivided shall be included on the final plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

An accurate on the ground boundary survey of the property with bearings and distances; showing the lines of all adjacent land, streets and alleys, with their names and width clearly delineated. All necessary data to reproduce the plat on the ground must be shown on the plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

Plans and specifications, for water, sewer, paving, drainage, and utilities, prepared by a registered civil engineer, must be approved by the administrative official, if deemed necessary and required in connection with the final plat. Three copies of the plans and specifications must be submitted with the final plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Generally. As soon as practical after the subdivider is notified of the approval of the preliminary plat, the subdivider shall submit to the commission the final plat of the subdivision or portion thereof to be considered at an official public meeting of the commission. Each application for approval of a subdivision shall be judged on its own merits.

(b) Preliminary plat as prerequisite. No final plat will be considered unless a preliminary plat has been submitted and conditionally approved. Replats and vacating plats are not subject to the preliminary plat requirements of this chapter.

(c) Time limitation. A final plat shall be submitted to the commission within 12 months of the date of approval of the preliminary plat by the commission. Failure to submit a final plat within 12 months shall be considered a denial of the application.

(d) Consideration of application. After all information has been provided as set forth in this chapter, the administrative official shall file the final plat application as soon as it is deemed complete. The commission will meet in public session and consider the application for approval or denial.

(e) When acted upon. The final plat must be acted upon by the commission within 30 days of a determination of completeness.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

An amending plat may be filed as allowed under V.T.C.A., Local Government Code § 212.016, or as follows:

(1) Combining one or more adjacent lots into one or more larger lots; or

(2) Amending a plat to incorporate property abandoned by the City of Bellaire and purchased by the applicant pursuant to the Code of Ordinances of the City of Bellaire.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The amending plat shall be drawn to a scale of one inch equals 20 feet minimum, unless otherwise approved by the administrative official. The amending plat shall be drawn on mylar or a finish which is of equal or greater durability and shall be 24 inches by 36 inches unless otherwise approved by the administrative official.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The amending plat shall be submitted in such reasonable numbers as is required by the administrative official. Additionally, an electronic copy of the amending plat is to be submitted.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

The amending plat shall include the following dedicatory language and acknowledgements, as applicable, which shall be in form as provided by the administrative official and approved by the commission:

(1) A dedication forever of all public streets and other public rights-of-ways and easements as created by the plat, which dedication shall be signed and acknowledged before a notary public by the owner and lien holder, if any, of the land made a part of the subdivision.

(2) Lien holders statement, if applicable;

(3) Certificate of the engineer or surveyor;

(4) Certificate for planning and zoning commission or administrative official, as applicable;

(5) Court clerk filing statement; and

(6) Other acknowledgements that might be necessary.

Additionally, a complete and accurate legal description of the land to be subdivided shall accompany the final plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

An accurate on the ground boundary survey of the property with bearings and distances; showing the lines of all adjacent land, streets and alleys, with their names and width clearly delineated. All necessary data to reproduce the plat on the ground must be shown on the plat.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Generally. Each application for approval of an amending plat shall be judged on its own merits.

(b) Consideration of application. After all information has been provided as set forth in this chapter, the administrative official shall approve the amending plat if deemed complete and is permitted under section 23.5-09. Otherwise, the administrative official shall present the amending plat to the commission. The commission will meet in public session and consider the application for approval or denial.

(c) When acted upon by commission. The amending plat must be acted upon by the commission within 30 days of a determination of completeness.

(Ord. No. 12-021, § 1(App. A), 7-2-2012)

(a) Streets.

(1) Street layout. The arrangement, character, extent, width, grade and location of all streets shall conform to the comprehensive plan (section 24-104 of this Code) and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and in their appropriate relation to the proposed uses of the land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.

(2) Relationship to adjoining street system. When necessary to minimize the impact of increased traffic, street layouts shall be devised to prevent through traffic in residential neighborhoods, and if the subdivision is to occur at a location on the periphery of the City of Bellaire, efforts to minimize undesirable traffic impact shall include coordination with the City of Houston to direct some of the through traffic around Bellaire.

(3) Street jogs. Whenever possible, street jogs with centerline offsets of less than 125 feet shall be avoided at the intersections of such streets with primary and secondary streets.

(4) Street intersections. Street intersections shall be as nearly at right angles as practicable.

(5) Half-streets or adjacent streets. In the case of collector, local access streets, except in most unusual circumstances, no new half-streets shall be platted. Where the proposed subdivision abuts upon an existing half-street the other half of the street shall be platted; and the applicant for plat approval shall provide a cost guarantee providing for the cost of construction of all interior public streets, alleys or public places and up to one-half the cost of an abutting public street, alley or public place.

(6) Dead-end streets. Dead-end streets shall be prohibited except as short stubs to permit future expansion. A "short stub" is defined as being the length of the adjacent lot depth.

(7) Cul-de-sac streets. In general, cul-de-sac streets may not exceed 500 feet in length and shall have a turnaround right-of-way of not less than 100 feet in diameter in residential areas, and not less than 200 feet in diameter in commercial and industrial areas. In residential areas, the turnaround shall include a paved driving surface at least 80 feet in diameter. In commercial and industrial areas, the turnaround shall include at least 18 feet of paved driving surface with a minimum exterior radius of 80 feet. The interior of the turnaround in a commercial or industrial area may be landscaped as desired or paved.

(8) Nonaccess easement. When deemed necessary, a vehicular nonaccess easement may be required on a lot(s) for the purpose of controlling ingress and egress to vehicular traffic.

(9) Arterial streets.

a. No subdivision may create any lot abutting a designated arterial street having a width parallel to the arterial street right-of-way line of less than 200 feet (example for 35 mph arterial), unless one of the following conditions is met:

i. Access to the lot is limited to streets other than arterial streets (commercial and industrial districts should not be given access on residential streets);

ii. Access to the lot is provided jointly with other lots created as part of the same subdivision such that minimum driveway spacing, corner clearance and (presubdivision) property clearance requirements are met;

iii. Access to the lot is provided jointly with adjacent lot(s) not part of the same subdivision such that no additional driveways are created, and provided that, to the extent possible, minimum driveway spacing, corner clearance and (combined) property clearance requirements are satisfied by the combination of lots served by the existing or relocated joint access driveway; or

iv. Access to the lot is ultimately to be provided from a frontage road (paralleling the arterial) which has been planned and officially approved by the participating agencies, and right-of-way dedication along the arterial adjacent to the lot totals at least 100 feet from the arterial street centerline or any other distance designated on the approved plans.

b. No new subdivision shall create any parcels zoned for single-family attached or detached residential uses fronting on an arterial street. Subdividers should be encouraged to have all of these lots front on local access streets. To the extent possible, lots abutting an arterial street rights-of-way should have their back yards face the arterial.

(10) Local streets. Local access streets shall be laid out so as to discourage through traffic and high speed traffic. Local access streets, however, should be reasonably accessible from collector streets to insure prompt access by emergency vehicles and other essential services.

(11) Roadway design standards. As shown in the ordinance from which this section is derived.

(b) Alleys. Alleys servicing single-family residential areas shall have a minimum right-of-way width of 15 feet. Alley turnouts shall be paved to the property line and shall be 12 feet wide at that point. Alleys shall be paved with concrete in accordance with City of Bellaire specifications for a minimum width of ten feet exclusive of any curbs which may be required. A uniform transition in alley pavement widths at approaches to street intersections shall be made in a distance of not less than 20 feet.

Alleys serving townhouse areas shall have the same requirements as for single-family residential areas; the minimum alley right-of-way and paving shall be 20 feet in width.

Alleys serving local retail, commercial, industrial, office and technical, scientific and office areas shall have a minimum alley right-of-way and paving width of 20 feet.

(c) Area regulations. Minimum area regulations pertaining to lot widths, depths, areas and yards shall be those set forth in the applicable zoning regulations for any tract being subdivided.

(d) Sidewalks. In residential planned developments and any multifamily areas, sidewalks of at least four feet in width shall be provided on both sides of the street, allowing for a planting strip between the sidewalk and the curb. Standards for the width of such planting strip are as follows:

(1) In the case of standard width rights-of-way with companion standard pavement widths, the planting strip shall be five feet, six inches wide for residential streets and collector streets with a single two-way roadway; four feet, six inches wide for collector streets with divided roadways and major thoroughfares with divided roadways;

(2) The director of public works will provide standard drawings to the various conditions, which shall be maintained on file in the office of the city clerk;

(3) The director of public works may modify the requirements as to planting strip widths under limited circumstances in order to route sidewalks around point obstacles such as power transmission line poles, desirable native trees and similar obstacles, both man-made and natural;

(4) In the event a planting strip width is established by the location of an existing sidewalk in any one block, then such planting strip width shall be continued for such block.

Sidewalks in local retail, commercial, industrial, technical scientific and office areas shall have a minimum width of four feet.

(e) Utility easements. Where not adjacent to a public rights-of-way, easements at least ten feet wide shall be provided for utilities, where necessary. Greater width, if necessary, may be required.

(f) Subdivision abutting on substandard street. Where the proposed subdivision abuts an existing substandard road or street, said road or street being substandard according to the City of Bellaire's standard specifications, the developer shall be required to improve the existing road or street, including sidewalks, to bring the same to city standards, or to replace it with a standard city street, at no cost to the city other than as set out in the cost-sharing policy of the city in effect at the time of approval of the final plats. Costs of storm drainage facilities, other than as set out in the cost-sharing policy in effect at the time of approval of the final plat, shall be the responsibility of the developers. Where the proposed subdivision is located along only one side of said substandard street or road, and where, in the city's judgment, it is not feasible to reconstruct said substandard street or road at the time of development of said subdivision, the city may permit the developer to pay into escrow an amount of money equal to the developer's share of the cost of said improvements as a condition precedent to approval of said plat of said subdivision.

(g) Lots backing up to street. The commission shall not approve a plat of any subdivision which provides for lots that back up to a dedicated street or road, or streets or roads to be dedicated, unless the street upon which the said lots back shall have a minimum right-of-way width of 100 feet. Where a subdivision is platted so that lots back up to an existing street, or a street to be dedicated, said street shall be improved in accordance with city standards and specifications by the developer. In the case of existing substandard streets, the requirements in subsection (f) above shall apply.

(h) Rear yards adjacent to streets where Araceae access from the rear: alley screening wall required. Where subdivisions are platted so that the rear yards of lots are adjacent to a dedicated street, where access to the garage shall be from the rear yard, then an alley is required adjacent to such street. There shall be a screening wall located on the right-of-way line of the street to screen the alley from the street. The screening wall shall be at least a six foot, reinforced concrete, simulated brick type of wall to be designed and constructed in accordance with plans and specifications approved by the City of Bellaire, technical approval to be by the city engineer and aesthetic approval to be the city's planning commission.

(i) Key or flag shaped lots prohibited. All residential lots shown on a plat shall abut a public street. Key or flag shaped lots shall not be permitted. For the purposes hereof, a key or flag shaped lot shall mean a lot having gross disparities in width between side lot lines, sometimes resembling a flag upon a flagpole, a key or some other lot shape of comparable irregularity.

(j) Residential replat subdivision applications. The provisions of this section shall not be applicable to residential replat subdivision applications where such applications do not provide for the creation of new streets and the proposed residential lots in the replat will face upon an existing street or street right-of-way.

(k) Planned development requirements. A plat, amended plat or replat of property located within a planned development will not be approved unless the plat, amended plat or replat complies in all respects with the requirements of the planned development and any resulting subdivision of property has been approved as part of the planned development.

(Ord. No. 84-086, § 4, 10-1-1984; Ord. No. 01-076, § 8, 10-8-2001; Ord. No. 21-072, § 1(App. A), 12-6-2021)

(a) Paving and drainage facilities.

(1) All street paving and drainage shall be constructed in accordance with:

a. Applicable City of Bellaire specifications;

b. Specifically, the City of Bellaire's "Specifications for Pavement Placed on Streets and Alleys" and "Storm Drainage Policy"; and

c. In the event an item is not covered by a City of Bellaire specification, then the City of Houston General Specifications covering such an item shall apply.

(2) The right-of-way shall be graded full width to provide suitable finish grades for pavement, sidewalks and planting strips with adequate surface drainage and convenient access to the lots.

(3) All sidewalks and driveways shall be constructed in accordance with chapter 27 of the Code of Ordinances of the City of Bellaire.

(4) Roofs, paved areas, yards, courts and courtyards not having natural drainage shall be drained into storm sewer systems where such systems are available; otherwise they shall be drained to a place of disposal approved by the building official. Stormwater drainage shall not discharge or flow over any public sidewalk or adjoining property. Stormwater shall not be discharged into sanitary sewers.

(5) Unpaved medians in streets shall be backfilled with a minimum of four inches of topsoil to conform to the median curb grades, such requirement also to apply to the nonpaved areas interior to cul-de-sac pavements known as cul-de-sac medians.

(6) When masonry screening walls are required by the city, the area between the curb and the wall shall be backfilled with a minimum of four inches of top soil to conform to the street curb grades.

(7) In the event it is not possible to backfill those areas whose initial cost responsibility is that of the developer, then the developer shall deposit with the city an amount sufficient to cover the cost of the excavation and placement of such top soil, said cost to be that cost which the developer would incur at the time of development.

(b) Landscaping of medians, cul-de-sac medians and walled parkways.

(1) The landscaping and maintenance of medians are the responsibility of the city, except that cul-de-sac medians shall be landscaped by the developer at the time of development of subdivision in which such cul-de-sac is located. The director of parks and recreation is charged with the staff function of reviewing the landscaping plans and making recommendations regarding such to the commission. Any conditions previously established in a planned development amendment for landscaping must be met by the plan or said plan shall not be approved by the commission.

(2) Where a parkway occurs between a required screening wall and the curbline of a street, whether such curbline is existing or future, such parkway (less paved sidewalks) shall be landscaped by the developer at the time of the development of a subdivision in which such parkway is located. This parkway landscaping shall be in accordance with a plan as a part of a planned development amendment. The director of parks and recreation is charged with the staff function of reviewing the landscaping plans and making recommendations regarding such to the commission, so long as recommendations are in accordance with the approved planned development amendment where one exists.

(3) When conditions make it impractical to complete such landscaping with the development of a subdivision, an amount may be deposited with the city to cover the cost of such landscaping. The amount of the deposit shall be based on a firm bid from a landscaping firm whose work is acceptable to the city, said bid to be on the approved plans and specifications.

(c) Utilities. All utilities shall be constructed as follows:

(1) In accordance with applicable City of Bellaire specifications;

(2) Adequately sized circulating water mains of at least six inches in diameter shall be installed and connected to the City of Bellaire water system to the specifications of the City of Bellaire;

(3) Adequately sized sanitary sewer mains of at least eight inches in diameter shall be installed and connected to the City of Bellaire sanitary sewer system to the specifications of the City of Bellaire;

(4) A fire hydrant shall be located within 200 feet of any single-family attached dwelling and shall be located within the public street right-of-way. The location and placement of fire hydrants, notwithstanding the provisions of this Code, shall be first approved by the fire chief of the City of Bellaire;

(5) All trash and garbage storage will be indoors; no incineration or exterior storage will be permitted except where trash or garbage shall be placed outdoors for regular trash pick-up or collection. Nothing herein provided shall be construed to prevent the use of storage buildings not otherwise prohibited under this Code;

(6) In the event an item is not covered by this Code, then the City of Houston General Specifications covering such item shall apply; and

(7) All electric and telephone utilities shall be underground except where conditions do not warrant, such judgment to be made by the commission.

(d) Street nameplates. Street nameplates in accordance with the City of Bellaire standards shall be installed by the city, the cost of which shall be charged to the developer. Street names shall be continuations of existing streets except for streets that cannot constitute continuations; and in such cases, the names of such streets will be subject to prior approval by the planning and zoning official.

(e) Residential replat subdivision applications. The provisions of this section shall not be applicable to residential replat subdivision applications where such applications do not provide for the creation of new streets and the proposed residential lots in the replat will face upon an existing street or street right-of-way.

(Ord. No. 84-086, § 5, 10-1-1984)

(a) Supervision of construction. All improvements shall be inspected under the direction of the director of public works and director of wastewater control to determine that the improvements comply with all applicable laws and ordinances; said parties shall issue a letter of acceptance of the project.

(b) Maintenance. The developer shall maintain, repair or reconstruct the project whole or in part for a period of 12 months after acceptance of the project by the city engineer in the event of any failure due to defective materials or workmanship. The developer shall sign an agreement concerning the above maintenance requirements. If the city deems necessary, the developer shall furnish the city 100 percent maintenance bond on all improvements for the above required maintenance.

(c) Construction agreement. After approval of and filing for record of the final subdivision plat and deeds and after approval of the subdivision development plans and prior to beginning construction, the owner will supply executed copies of contracts for streets, drainage and utilities. The owner, his contractors and the city will execute the agreement. The agreement will, in general, define the one year guarantee against any failure due to defective materials and workmanship, will define the city's inspection policies and sequence of construction, define the owner's and contractor's obligation to save the city harmless for all accidents or claims and general rules for public protection, define the city's cost participation and estimated amounts in accordance with the city's current cost participation policies.

(a) Conformity to regulations prerequisite to plat approval, issuance of permits. No plats shall be approved nor building permits and/or occupancy permits issued for development within the limits of the City of Bellaire where such proposed plat or development does not conform to the regulations of this Code.

(b) Bond/installation contracts. Precedent to the issuance or building permits, the city may, at its option, require the posting with the city of a bond guaranteeing the installation of the improvements within a specified time or may require the deposit with the city of copies of executed contracts covering the installation of the improvements.

(c) Acceptance of improvements. No occupancy permits shall be issued for a structure on a lot until such improvements as are required by these regulations have been accepted by the City of Bellaire; and such improvements shall be connected to existing paving, drainage facilities and utilities to enable them to function.

Where in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the city council may, upon recommendation by the commission, in specific cases, at a regular meeting of the city council and subject to appropriate conditions and safeguards, authorize, by ordinance, special exceptions to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship. Special exceptions may only be granted by ordinance upon finding that such special exception is in accord with the comprehensive plan of the City of Bellaire. No written public notice shall be required prior to the granting of the exceptions provided for in this Section, except as required by the Texas Open Meetings Law in V.T.C.A., Government Code § 551.001 et seq.

Nothing herein set out shall in any way limit or restrict the board of adjustment in granting special exceptions as provided for in article VII, division 2 of chapter 24 of this Code of Ordinances of the City of Bellaire.

(a) Definitions. For the purpose of this article, the following words and phrases shall have the meaning herein ascribed to them.

Project cost: The cost of off-site water or sanitary sewer extension as determined through construction agreement (section 23.5-43(c)), and any change orders and changes from quantity variations adjusted, if necessary, to more accurately reflect costs found on other jobs at the time. The adjustment determination shall be made by the appropriate department head. The developer may appeal this decision to the city manager and ultimately from the city manager to the city council.

Pro rata charge: A charge made against the developer or owner of the property.

Off-site extension: An extension of water and/or sanitary sewer that lies totally outside a tract of land to be subdivided and/or developed.

Weighted square footage: The number of square feet within a tract adjusted to recognize the added value of front footage by doubling the square footage for the first 135 feet of depth. The mathematical process is to determine the square footage for the tract and add to this total the square footage for that area which has the length made up of front footage (footage along the line) and the depth of 135 feet. The sum of these two square footage figures is the weighted square footage.

(b) Required off-site extensions to serve property development. When water and/or sanitary sewer facilities are not available to serve a development, and the developer plans to proceed with development, the developer shall construct, at the expense of the developer, an off-site extension of water and/or sanitary sewer in accord with section 23.5-42.

(c) Pro rata charge. There shall be a charge paid to the City of Bellaire, prior to the issuance of any building permits, for any tract of land that will be developed utilizing any of the extensions made after the passage of this article. The amount of charge shall be calculated as follows:

Project Cost of Off-Site Extension divided by the Total Weighted Square Footage of all Tracts that can be served by the extension × Weighted Square Footage of that Tract.

(d) Records to be kept. The operating department involved shall keep complete records on each extension made after the date of the ordinance and shall, with the assistance of the director of finance, determine the pro rata charge to each tract affected by each extension.

(e) Reimbursement to the developer. The City of Bellaire shall reimburse the developer during the month of September of each year, the sum of pro rata charge paid by the owners requiring service at that extension. It shall be understood by the developer that the City of Bellaire is not obligated to make any reimbursement utilizing public funds.

(f) Time of reimbursement and keeping records. The city shall keep records and the developer shall be entitled to reimbursement as set forth above for a period of five years from the date of city acceptance of the off-site line, after which no further reimbursement shall be made to the developer. The maximum amount of reimbursement to be made for a developer is the actual cost of the project less the pro rata charge of the developer's tracts.

(g) Reconnection for buildings already served by utility. This section is not applicable to buildings presently served by a sanitary sewer and/or water lines of the City of Bellaire. Any charges for such buildings will be as provided in chapter 31, "Utilities" of the Code of Ordinances of the City of Bellaire.

(Ord. No. 80-077, § 1, 11-3-1980)