A.
Purpose.
To require that Public Improvements be installed to serve a
development in accordance with all Subdivision Regulations.
B.
Submitting
Plans.
1.
Plans
shall be submitted in accordance with the City Manager’s requirements,
as provided in the Development Application Handbook. Incomplete Construction
Plans shall not be accepted and such plans shall be returned to the
Applicant.
2.
In addition
to the requisite number of hard copies, Construction Plans shall also
be prepared and submitted electronically oriented in Texas State Plane
grid coordinates (U.S. Survey Foot), Grid North, South Central Zone
(4204), NAD 83, at an elevation datum based on NAVD 88.
C.
Responsible
Official and Decision Authority for Construction Plans.
1.
Review
and Approval Action.
The City Manager shall be the Responsible
Official for review and approval of Construction Plans.
2.
Outside
Review.
If an outside consultant is contracted to review
Construction Plans, then the Applicant shall reimburse the City for
the review fees.
3.
Decision
Maker Options.
In this capacity, therefore, the City
Manager shall approve, approve subject to modifications, or deny the
Construction Plans.
D.
Approval
Required and Timing of Construction.
Construction Plans
must be approved in accordance with this Section 6 Construction Plans
and Procedures prior to the approval and/or recordation of the Filing
Plat, unless otherwise stated within this Subdivision Ordinance.
E.
Criteria
for Approval.
The City Manager shall approve Construction
Plans if:
1.
The Construction
Plans are consistent with the approved Vesting Plat, or the proposed
Filing Plat; and
2.
The Construction
Plans conform to the subject property’s zoning and any planned
development (PD) standards (including zoning design standards), and
to the standards for adequate public facilities, contained in these
Subdivision Regulations and all other applicable City codes.
G.
Expiration
Date for Construction Plans.
The approval of Construction
Plans shall remain in effect for a period of one (1) year from the
date of approval, or for the duration of construction of the project,
provided that progress toward completion of the project continues
to be demonstrated, unless the Construction Plans are extended in
accordance with subsection 6.01.H Extension of Construction Plans
beyond Expiration Date.
H.
Extension
of Construction Plans beyond Expiration Date.
2.
Decision
by the City Manager.
a.
The
City Manager will review the extension request, and shall approve,
approve with conditions, or deny the extension request within thirty
(30) calendar days following the date of the extension request.
b.
Should
the City Manager fail to act on an extension request within thirty
(30) calendar days, the extension shall be deemed to be approved.
3.
Consideration.
The City Manager shall extend Construction Plans approval for
a period of six (6) additional months beyond the expiration date if:
a.
A Filing
Plat has been submitted, approved or filed of record for any portion
of the property shown on the Construction Plans;
b.
The
Construction Plans comply with new ordinances (i.e., ordinances that
have been adopted after approval of the original Construction Plans)
that impact the health, safety and general welfare of the City;
c.
Demonstrable
forward progress has been made to proceed with construction or required
improvements; and
d.
A Development
Agreement (Section 6.05 Development Agreements and Security for Completion),
if applicable, is still valid and in full effect.
4.
Conditions.
In granting an extension, the City Manager may impose such conditions
as are needed to ensure that the land will be developed in a timely
fashion and that the public interest is served. Any extension may
be predicated upon compliance with new development regulations and/or
the Applicant waiving any vested rights.
5.
Total
Extension.
A second six (6) month extension may be requested
using the same process outlined above.
|
Figure 10: Construction Plan Process
 |
(Ordinance 2013-32 adopted 12/3/13)
A.
Requirement.
B.
Purpose.
1.
Discussion
of Procedures.
The purpose of the Pre-Construction Meeting
is to discuss administrative, communication, and operating procedures
for project construction prior to Construction Release or issuance
of a Building Permit.
2.
Review
of Criteria.
A list of typical inspection items, procedures,
and acceptance criteria for items in public Right-of-Way and easements
will also be furnished to the Applicant.
C.
Notice.
The Applicant shall receive written notice from the City Manager
that Construction Plans have been approved and that the project is
eligible for a Pre-Construction Meeting.
D.
Effect.
1.
Following
the Pre-Construction Meeting and upon approval of the Construction
Plans and full compliance with all pre-construction requirements,
the City Manager shall authorize Construction Release, allowing the
Applicant to commence with construction of the project.
2.
The Applicant
may also be issued a Building Permit, if appropriate, provided that
a Building Permit Application has been submitted and approved and
all other Building Permit requirements have also been met.
(Ordinance 2013-32 adopted 12/3/13)
1.
Requirements
for a Construction Release.
a.
Upon approval
of the Vesting Plat and/or the Construction Plans, receipt of all
documentation (e.g., insurance information, bonds, etc.) and fees,
and after the Pre-Construction Meeting with City staff and a franchise
utility representative, the City Manager shall release the plans for
construction if all City requirements pertaining to construction have
been met.
b.
The Construction
Release shall remain in effect for a period of one (1) year from the
date of issuance, or for the duration of construction of the project,
provided that progress toward completion of the project continues
to be demonstrated.
2.
Construction
Release Expiration and Extension.
Expiration, and possible
extension, of the Construction Release shall be the same as for the
Construction Plans (see Sections 6.01.G and 6.01.H).
(Ordinance 2013-32 adopted 12/3/13)
A.
Completion
Prior to Filing Plat Approval and Recordation.
1.
Completion
of all required Public Improvements, in accordance with the approved
Vesting Plat and the approved Construction Plans, shall occur prior
to Filing Plat approval and recordation.
2.
A Filing
Plat shall not be accepted for filing, nor shall it be considered
for approval, prior to completion of such improvements except as provided
in subsection 6.04.B Completion after Filing Plat Approval and Recordation).
B.
Completion
after Filing Plat Approval and Recordation.
1.
The City
Manager, upon written request by the Applicant, may allow construction
of Public Improvements after Filing Plat approval and recordation.
2.
Postponement
of Public Improvements shall be conditioned on execution of a Development
Agreement and provision of security, in accordance with Section 6.05
Development Agreements and Security for Completion.
3.
It shall
be at the City Manager’s discretion to determine whether postponing
construction of Public Improvements until after Filing Plat approval
and recordation is appropriate, and therefore, whether financial guarantee
is acceptable through a Development Agreement.
4.
All construction
of the required Public Improvements shall be completed within two
(2) years of construction release, an extension may be granted by
the city council for up to one (1) year.
C.
Deferral
of Obligation.
The City Manager may defer the Developer’s
obligation to construct, Public Improvements to serve a new development
upon execution of a Development Agreement and upon provision of adequate
security (see Section 6.05 Development Agreements and Security for
Completion).
D.
Phased
Development.
If the development is being platted and
constructed in phases, improvements shall be completed as platted
areas are approved and phases are constructed.
E.
Easements
for Utility Providers.
1.
The Applicant
is responsible for contacting all utility providers prior to beginning
construction, and for securing all necessary easements for same prior
to Filing Plat approval and recordation.
2.
The Applicant’s
engineer shall provide the City Manager with written certification
that all necessary easements are secured for the various utility providers,
and such easements shall be shown on the Filing Plat with the recording
information for each.
F.
Off-Site
Easements.
1.
All necessary
off-site easements required for installation of required off-site
Public Improvements to serve the development shall be acquired by
the Applicant prior to the Pre-Construction Meeting (see Section 6.02
Pre-Construction Meeting), or prior to approval and recordation of
the Filing Plat, whichever occurs first.
2.
Off-site
easements shall be conveyed and recorded at the County by an instrument
approved by the City.
3.
If the
property on which the off-site easement is required has been platted,
a separate instrument shall be required to dedicate the easement.
4.
The Applicant
shall be responsible for the acquisition of all required off-site
easements. If the Applicant is unable to acquire the necessary off-site
easements, the Applicant may request assistance from the City. The
Applicant shall provide the City with easement or Right-of-Way survey
documents and exhibits, documentation, including evidence of a reasonable
offer made to the affected property owner. Upon receiving a written
request for assistance, the City may secure the services of a Right-of-Way
agent, at the developer’s cost. The City may secure easements
through eminent domain proceedings, should the City deem it appropriate.
5.
The Applicant
shall reimburse the City for the costs of acquiring the necessary
easements including but not limited to attorney’s fees and costs.
(Ordinance 2013-32 adopted 12/3/13)
A.
Development
Agreements.
1.
When any
of the required Public Improvements will be postponed and constructed
after Filing Plat approval and recordation, the Filing Plat shall
not be accepted for filing, nor shall it be approved, unless and until
the Applicant enters into a Development Agreement of standardized
format approved by the City by which the Applicant:
a.
Will
complete the improvements;
b.
Warrants
the improvements for a period of two (2) years following final acceptance
by the City;
c.
Provides
a maintenance bond in the amount of one hundred and ten percent (110%)
of the costs of the improvements for such period to ensure the repair
and replacement of all defects due to faulty materials and workmanship
that appear within the two-year period following date of acceptance;
d.
Provides
provisions (e.g., performance and payment bonds) for securing the
obligations of the agreement consistent with subsection 6.05.D Security
for Completion of Improvements (below); and
e.
Outlines
other terms and conditions as are agreed to by the Applicant and the
City, or as may be required by these Subdivision Regulations, including
insurance requirements and covenants to comply with other ordinances
of the City.
B.
Development
Agreements to Run with the Land.
1.
The Development
Agreement shall provide that the covenants and other items of agreement
contained therein shall run with the land and shall bind all successors,
heirs and assignees of the Applicant.
2.
All existing
owners shall be required to execute the agreement or provide written
consent to the covenants and other items contained in the agreement.
C.
Development
Agreement Decision by the City Council.
1.
The City
Manager shall review all Development Agreements.
2.
The City
Manager shall recommend an action to the City Council for all Development
Agreements.
3.
The Development
Agreement shall require the approval of the City Council. The City
Council may approve, approve with conditions, or deny a Development
Agreement.
a.
The
City Council may authorize the City Manager to approve specific Development
Agreements on behalf of the City Council. In the event of a disagreement
between the City staff and the Subdivider concerning stipulations
of the Development Agreement, the Subdivider may request City Council
approval of alternative provisions.
D.
Security
for Completion of Improvements.
1.
Type
of Security.
a.
When
any of the required Public Improvements will be constructed after
approval and recordation of the Filing Plat, the Applicant shall guarantee
proper construction of such postponed improvements and payment of
all claimants supplying labor and materials for the construction of
the improvements, in accordance with the City’s standards and
with these Subdivision Regulations, by a bond executed by a surety
company holding a license to do business in the State of Texas, and
acceptable to the City, on the form provided by the City.
b.
The
performance and payment bonds shall be approved as to form by the
City Manager.
2.
Estimated
Cost and Security Approval.
a.
Security
shall be issued in the amount of one hundred and ten percent (110%)
of the cost to construct and complete all required Public Improvements
to the City’s standards as estimated by the Applicant’s
professional engineer, and as approved by the City Manager.
b.
Security
shall be subject to the review and approval of the City Manager.
c.
The
Applicant shall reimburse the City for all related legal costs for
review (this reimbursement shall be paid in full prior to filing of
the Filing Plat).
E.
Escrow
Policies and Procedures.
1.
Request
for Escrow.
a.
The
City may require or the Developer may petition the City to defer required
improvements in exchange for a deposit of escrow up to an amount not
to exceed $15,000.00 for a period of two (2) years from acceptance
of the project. An example may include a timing issue due to pending
street improvements by another agency such as TxDOT.
b.
The
City Manager may require studies and other information to support
the Developer’s request to escrow.
2.
Escrow
Deposit with the City.
a.
When
the City Manager requires or agrees to accept escrow deposits, the
Developer shall deposit in escrow with the City, at a financial institution
to be determined by the City, an amount equal to one hundred and ten
percent (110%) of the total “turnkey” costs including,
but not limited to, the design, permitting, acceptance and inflation
costs related to the improvement(s). The full amount of escrow shall
remain deposited with the City until completion of the project.
b.
The
City Manager shall review and approve the amount, which shall be approved
and paid prior to recordation of the Filing Plat.
3.
City
Usage of Escrowed Funds.
The City may also use the escrowed
funds in participation with another entity (such as TxDOT or the County,
etc.) to jointly construct the Public Improvement(s).
4.
Termination
of Escrow.
a.
Escrows,
or portions of escrowed amounts, which remain unused after a period
of ten (10) years following the date of such payment shall, upon written
request, be returned to the Developer.
b.
Such
return of escrowed funds does not remove any obligations of the Developer
for construction of the required improvement(s).
5.
Refund.
If all or a portion of a street or other type of Public Improvement
for which escrow is deposited is constructed by a party other than
the City, the remaining unused escrowed funds, upon written request
shall be refunded to the Developer after completion and City acceptance
of the street or Public Improvement. The City shall require thirty
(30) days from the request to process the refund.
6.
Interest
on Escrowed Funds.
When escrowed funds are returned or
refunded to the escrowing Developer, the City shall retain all of
the interest accrued by the funds.
7.
Escrow
Fee Agreement.
The City Manager, at his/her discretion,
may require an escrow fee agreement be executed.
(Ordinance 2013-32 adopted 12/3/13)
A.
Inspection
of Public Improvements.
3.
Corrections
to Improvements.
If the City Manager finds, upon inspection,
that any of the required Public Improvements have not been constructed
properly and in accordance with the approved Construction Plans, the
Applicant shall be responsible for completing and/or correcting the
Public Improvements to bring such into compliance.
B.
Public
Works Inspection Fees.
1.
Fee Standards.
a.
The
Developer shall be charged an inspection fee in an amount equal to
three percent (3%) of the total construction cost of the public infrastructure,
storm drains, and streets in each Subdivision or development.
b.
Inspections
shall be conducted during normal business hours, 8:00 a.m. to 5:00
p.m., Monday through Friday.
3.
Inspection
During Nonbusiness Hours.
C.
Maintenance
during Construction.
The Applicant shall maintain all
required Public Improvements during construction of the development.
D.
Submission
of Record Drawings.
1.
The City
shall not accept dedication of required Public Improvements until
the Applicant’s engineer has certified to the City Manager,
through submission of detailed Record Drawings, which have been approved
by the City, of the project and filed copies of any off-site easements
that the Public Improvements have been built in accordance with the
approved Construction Plans.
2.
Each record
drawing sheet shall show all changes made in the Construction Plans
during construction, and on each sheet, there shall be a “record”
stamp bearing the signature of the engineer and date, which shall
be maintained by the City Manager.
3.
Digital
files of all the Record Drawings shall be submitted by the Applicant
and received by the City.
E.
Acceptance
or Rejection of Improvements by the City Manager.
1.
Responsible
Official.
The City Manager shall be responsible for inspecting
all required Public Improvements shown in the Construction Plans,
and for accepting completed subdivision improvements intended for
dedication to the City.
2.
Final
Inspection.
After completion of all improvements, franchise
utilities, grading, and erosion control, the City Manager and other
designated representatives (as applicable) will perform a final inspection
before recommending acceptance of the improvements via a Letter of
Final Acceptance.
3.
Letter
of Final Acceptance.
If all improvements are completed,
inspected, tested (if applicable), and determined by the City to be
in conformance with Subdivision Ordinance regulations and with the
City’s design standards and all inspection fees have been paid,
then the City Manager shall issue a Letter of Final Acceptance to
the Applicant, thereby notifying the Applicant of the City’s
approval of improvements and acceptance or future acceptance subject
to approval of a Filing Plat.
a.
In cases
where a Filing Plat has not been approved, the Letter of Final Acceptance
will indicate that the City’s acceptance of the Public Improvements
will occur concurrently with the approval of a Filing Plat.
b.
In cases
where a Filing Plat has already been approved with a Development Agreement,
then the Letter of Final Acceptance will indicate that the City’s
acceptance of the Public Improvements.
4.
Meaning
of Acceptance.
Acceptance of the Improvements shall mean
that the Applicant has transferred all rights to all the Public Improvements
to the City for title, use, and maintenance.
5.
Rejection.
The City Manager shall reject those Improvements that fail to
comply with the City’s standards and specifications. The City
shall enforce the guarantee provided by agreement(s).
F.
Disclaimer.
1.
Approval
of a Vesting Plat or Filing Plat by the City Council, or Construction
Plans by the City Manager, shall not constitute acceptance of any
of the Public Improvements required to serve the Subdivision or development.
2.
No Public
Improvements shall be accepted for dedication by the City except in
accordance with this Section.
G.
Maintenance
Bond.
1.
Per requirements
established and maintained by the City Manager, the Developer shall
furnish maintenance bonds to the City for Public Improvements for
a period of two (2) years from the date of acceptance by the City
(see subsection 6.06.E.3 Letter of Final Acceptance for acceptance
dates (above)).
2.
The maintenance
bond shall be a good and sufficient bond executed by a corporate surety
approved by the City in an amount equal to the total cost of said
improvements and guaranteeing their maintenance for two (2) years
from the date of Filing Plat approval.
(Ordinance 2013-32 adopted 12/3/13)
