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:
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)