A. 
The City hereby defines its policy to be that the City will withhold all City services and improvements of whatsoever nature, including the maintenance of streets, the furnishing of sewage facilities, water service, other utility service, and all other City services from all additions until all of the street, utility, storm drainage and other public improvements, as well as lot improvements (e.g., grading and installation of improvements required for proper lot drainage and prevention of soil erosion, retaining walls, etc.) on the individual residential lots, are properly constructed according to the approved engineering plans and to City standards, and until such public improvements are dedicated to and accepted by the City.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
Subdivider’s Guarantee.
Before approving the final plat of a subdivision located all or partially within the City and/or the City’s extraterritorial jurisdiction, the City Engineer must be satisfied that all public improvements required shall have been constructed in accordance with the requirements of this Ordinance.
B. 
Improvement Agreement and Guarantee.
Based upon a recommendation by the City Engineer (or designee), the Planning and Zoning Commission may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the property owner to enter into an improvement agreement by which the property owner covenants to complete all required public improvements no later than two (2) years following the date upon which the final plat is approved. The Planning and Zoning Commission may also require the property owner to complete and dedicate some of the required public improvements prior to approval of the final plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the City. Nothing within this section shall nullify the City’s obligation to participate in the construction of oversize facilities (pursuant to Ordinance No. _____, adopted on _____, as may be amended).
C. 
Improvement Agreement Required for Oversize Reimbursement.
The City shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Manager shall authorize the approval of such agreement as meeting the requirements of the City. The City Engineer is authorized to sign an improvement agreement on behalf of the City.
D. 
Security.
Whenever the City permits a property owner to enter into an improvement agreement, it shall require the owner to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the City, a letter of credit or other security acceptable to the City Attorney, as security for the promises contained in the improvement agreement. In addition to all other security, for completion of those public improvements where the City participates in the cost, the owner shall provide a performance bond from the contractor, with the City as a co-obligee. Security shall be in an amount equal to one hundred percent (100%) of the estimated cost of completion (including engineering design fees, contingencies, administrative costs, and other related costs) of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the City Attorney.
E. 
Letter of Credit.
If the City Engineer authorizes the property owner to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:
1. 
Be irrevocable;
2. 
Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than one (1) year; and
3. 
Require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City’s right to draw funds under the letter of credit.
F. 
As portions of the public improvements are completed in accordance with the TCSS Manual and the approved engineering plans, the developer may make application to the City Engineer (or designee) to reduce the amount of the original letter of credit. If the City Engineer (or designee) is satisfied that such portion of the improvements has been completed in accordance with City standards, he may (but is not required to) cause the amount of the letter of credit to be reduced by such amount that he deems appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining public improvements.
G. 
Upon the dedication of and acceptance by the City of all required public improvements, the City shall authorize a reduction in the security to 10% of the original amount of the security if the property owner is not in breach of the improvement agreement. The remaining security shall be security for the owner’s covenant to maintain the required public improvements and to warrant that the improvements are free from defects for one (1) year thereafter. If the required security for maintenance and warranty is otherwise provided by the contractors or by others, the City will release the entire amount of the developer’s security.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
The property owner shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Section 6.4: Government Units [sic]
B. 
Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this Section.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the City, the preliminary plat approval shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may:
1. 
Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
2. 
The final plat shall not be accepted for approval until the public improvements are completed;
3. 
Obtain funds under the security and complete the public improvements itself or through a third party;
4. 
Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete the public improvements for the subdivision;
5. 
Exercise any other rights available under the law.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
Acceptance of formal offers for the dedication of streets, public areas, easements and/or parks shall be by authorization of the City Engineer (or designee). The approval by the City of a preliminary or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to be endorsed with appropriate notes to this effect.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
The owner shall maintain all required public improvements for a period of one (1) year following acceptance of the subdivision by the City, and shall also provide a warranty that all public improvements will be free from defects for a period of one (1) year following such acceptance by the City.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
A permit is required from the City Engineer (or designee) prior to beginning any work in the City or its extraterritorial jurisdiction that affects erosion control, public utilities, storm drainage, or a floodplain.
B. 
Preconstruction Conference.
The City Engineer (or designee) may require that all contractors participating in the construction meet for a preconstruction conference before any filling, excavation, clearing and/or removal of vegetation and trees that are larger than eight inch (8") diameter.
C. 
Conditions Prior to Authorization.
Prior to authorizing release of a grading permit, the City Engineer (or designee) shall be satisfied that the following conditions have been met:
1. 
The preliminary plat shall be approved by the Planning and Zoning Commission;
2. 
All required contract documents are completed and filed with the City Engineer;
3. 
All necessary off-site easements and/or dedications required for City-maintained facilities and not shown on the final plat must be conveyed solely to the City (i.e., by separate instrument), with the proper signatures affixed. The original of the documents and the appropriate filing fees (per the City’s submission guidelines, as may be amended from time to time) shall be returned to the City Engineer prior to approval and release of the engineering plans;
4. 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the City Engineer (at least one set of these plans shall remain on the job site at all times);
5. 
A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City Engineer; and
6. 
All applicable fees must be paid to the City.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
General Procedure.
Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved engineering plans and the TCSS Manual of the City of Lufkin (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the registered professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be submitted to the City Engineer for approval. If the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City’s standards and TCSS Manual, then the property owner shall be responsible for completing and/or correcting the deficiencies such that they are brought into conformance with the applicable standards.
B. 
Certificate of Satisfactory Completion.
The City will not accept dedication of required public improvements until the applicant’s engineer or surveyor has certified to the City Engineer, through submission of detailed “as-built,” or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The “as-builts” shall also include a complete set of record drawings of the paving, drainage, water, sanitary sewer and/or other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with construction plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an “as-built” stamp bearing the signature of the registered professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the final plat and the engineering plans, if prepared on a CADD system, in such a digital format (i.e., on disk) or by email that is compatible with the City’s CADD system. When such requirements have been met, the City Engineer shall issue a letter of acceptance to the developer.
1. 
Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The Planning and Zoning Commission may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred percent (100%) of the estimated cost of those remaining improvements for a length of time to be determined by the Planning and Zoning Commission. If the remaining public improvements are greater than $10,000.00 and are not completed within the determined length of time, the City will impose a ten percent (10%) penalty of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than $10,000.00, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City.
2. 
Upon acceptance of the required public improvements, the City Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
The Planning and Zoning Commission may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of final plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the interests of the public health, safety and general welfare.
B. 
Whenever a petition to defer the construction of any public improvements required under this Ordinance is granted by the Planning and Zoning Commission, the property owner shall deposit in escrow his share of the costs (in accordance with City participation and oversizing policies) of the future public improvements with the City prior to approval of the final plat, or the property owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the City.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)
A. 
No building permit shall be issued for a lot or building site unless the lot or site has been officially recorded by a final plat approved by the City of Lufkin, and unless all public improvements, as required by this Ordinance for final plat approval, have been completed, except as permitted below:
1. 
Building permits may be issued for a nonresidential or multifamily (i.e., apartments) development provided that a preliminary plat has been approved by the City, and construction plans have been released by the City Engineer. However, building construction will not be allowed to surpass the construction of fire protection improvements (i.e., the building shall not proceed above the slab level until all required fire lanes have been completed, and until all water lines serving fire hydrants have been completed, and inspected/tested).
2. 
The Building Official may release some residential building permits for a portion of a subdivision (i.e., for not more than 10% of the new residential lots), provided that:
a. 
A preliminary plat has been approved by the City,
b. 
All public improvements have been completed for that portion of the development and have been approved by the City Engineer, including, but not limited to, those required for fire and emergency protection (i.e., streets including at least two points of access, alleys, water lines serving fire hydrants, emergency access points, etc.).
3. 
No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a final plat has been approved by the City and recorded at the County. Notwithstanding the above, the Building Official and the City Engineer may jointly authorize the conditional occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the City for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the City’s Building Codes.
(Ordinance 3693 adopted 4/6/2004, as revised through 1/4/2012)