a. 
The Town hereby defines its policy to be that the Town will withhold all Town services and improvements of whatever nature, including the maintenance of streets, the furnishing of sewage facilities, water service, other utility service, and all other Town 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 Town standards, and until such public improvements are dedicated to and accepted by the Town.
(Ordinance 336-03 adopted 11/18/03)
a. 
Subdivider’s Guarantee.
Before approving the final plat of a subdivision located all or partially within the Town and/or the Town’s extraterritorial jurisdiction, the Town Council must be satisfied that all required public improvements shall have been constructed in accordance with the approved construction plans and with the requirements of this Ordinance.
b. 
Improvement Agreement and Guarantee.
The Town Council, upon recommendation by the Planning and Zoning Commission, may waive the requirement that the applicant complete and dedicate all public improvements prior to filing 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 filed. The Town Council may also require the property owner to complete and/or dedicate some of the required public improvements prior to filing 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 Town. Nothing within this section shall nullify the Town’s obligation to participate in the construction of oversized facilities, pursuant to the Town’s cost participation policies on oversized improvements.
c. 
Improvement Agreement Required for Oversize Reimbursement.
The Town shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the Town for oversize costs. The Town Council shall authorize the approval of such agreement as meeting the requirements of the Town, and the Town shall not withhold approval as a means of avoiding compensation due under the terms of this Ordinance. The Mayor/Town Administrator (or designee) is authorized to sign an improvement agreement on behalf of the Town, with Council approval.
d. 
Security.
Whenever the Town 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 Town, a letter of credit or other security acceptable to the Mayor/Town Administrator and the Town 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 Town participates in the cost, the owner shall provide a performance bond from the contractor, with the Town as a co-obligee. Security shall be in an amount equal to one hundred percent (100%) of the estimated cost of completion 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 Town of Bartonville and the Town Attorney.
e. 
Letter of Credit.
If the Town of Bartonville 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 two (2) years; and
3. 
Require only that the Town present the issuer with a sight draft and a certificate signed by two (2) authorized representative(s) of the Town certifying to the Town’s right to draw funds under the letter of credit.
f. 
As portions of the public improvements are completed in accordance with the EDS and the approved engineering plans, the developer may make application to the Town of Bartonville to reduce the amount of the original letter of credit. If the Town of Bartonville is satisfied that such portion of the improvements has been completed in accordance with Town 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 Town of all required public improvements, the Town 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 two (2) years thereafter. If the required security for maintenance and warranty is otherwise provided by the contractors or by others, the Town will release the entire amount of the developer’s security.
(Ordinance 336-03 adopted 11/18/03)
6.3 The property owner shall build and pay for all costs of temporary improvements required by the Town, and shall maintain those temporary improvements for the period specified by the Town. Prior to construction of any temporary facility or improvement, the owner shall file with the Town a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(Ordinance 336-03 adopted 11/18/03)
6.4 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 336-03 adopted 11/18/03)
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 Town, the land study and preliminary plat approvals 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 Town 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. 
Suspend final plat approval/filing until the public improvements are completed, and may record a document to that effect for the purpose of public notice;
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 on the property;
5. 
Exercise any other rights available under the law.
(Ordinance 336-03 adopted 11/18/03)
6.6 Acceptance of formal offers for the dedication of streets, public areas and/or easements shall be by authorization of the Town of Bartonville. The approval by the Town of any type of plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the Town of any street, public area, easement or park shown on the plat. The Town shall require the plat to be endorsed with appropriate notes to this effect.
(Ordinance 336-03 adopted 11/18/03)
6.7 The owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the Town, and shall also provide a warranty that all public improvements will be free from defects for a period of two (2) years following such acceptance by the Town.
(Ordinance 336-03 adopted 11/18/03)
a. 
A permit is required from the Town of Bartonville prior to beginning any work in the Town or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a floodplain.
b. 
Preconstruction Conference.
The Town Engineer shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing and/or removal of vegetation and trees that are larger equal to larger than six inches (6") in diameter as measured four feet (4') above the ground.
c. 
Conditions Prior to Authorization.
Prior to authorizing release of a grading permit, the Town Engineer shall be satisfied that the following conditions have been met:
1. 
The final plat has been approved by the Planning and Zoning Commission and by Town Council (and any conditions of such approval have been satisfied);
2. 
All required construction documents are completed and approved by the Town Engineer;
3. 
All necessary off-site easements and/or dedications required for Town-maintained facilities and not shown on the plat must be conveyed solely to the Town (i.e., by separate instrument), with the proper signatures affixed. The original of the documents and the appropriate filing fees (per Appendix B and the Town’s submission guidelines, as either one may be amended from time to time) shall be returned to the Town Engineer prior to approval and release of the engineering plans;
Editor’s note–Appendix B is not printed herein.
4. 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the Town 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 Town Engineer; and
6. 
All applicable fees must be paid to the Town.
d. 
Temporary Asphalt or Concrete Batching Plants.
A temporary asphalt or concrete batching plant permit may be approved, upon application, by the Town Engineer, subject to the conditions of this section. Any exceptions to the following conditions shall require approval of the Town Council:
1. 
The batching plant site shall comply with all applicable provisions of local, state and federal laws.
2. 
The batch plant shall not be located within 600 feet of an inhabited residence.
3. 
Hours of operation will be limited to Monday through Friday 7:00 a.m. to 7:00 p.m. Aggregate trucks shall be prohibited from hauling to or from the site on Saturday or Sunday.
4. 
The batch plant permit shall be valid for up to a ninety-day period.
5. 
No portion of the batch plant or its operation shall be located on a public or private street, or on land dedicated to the Town for parks and open space.
6. 
The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.
7. 
The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise and odor (as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).
8. 
The site must be clear of all equipment, material and debris upon completion of the project.
9. 
Operator shall provide a road maintenance bond in the amount of $50,000, payable to the Town of Bartonville for repair of all public improvements damaged during the operation of the temporary batching plant. The permittee shall repair or replace any damaged public improvements within thirty days of completion of the project. In the event repairs exceed the amount of the bond, the permittee shall make such repairs or remit the actual cost for repairs to the Town of Bartonville.
10. 
Upon expiration of the temporary permit and cessation of activities, the Town Engineer and permittee shall walk the site to verify compliance with these special conditions.
11. 
An application for a temporary batch plant permit shall be made on an application form provided by the Town and shall be accompanied by a location map, a copy of the thirty-day notice to the Texas Commission on Environmental Quality (TCEQ), road maintenance bond, truck route map and the required permit fee, as provided for in the adopted Town of Bartonville Schedule of Fees.
(Ordinance 336-03 adopted 11/18/03; Ordinance 365-05 adopted 5/17/05)
a. 
General Procedure.
Construction inspection shall be supervised by the Town Engineer. Construction shall be in accordance with the approved engineering plans and the EDS of the Town of Bartonville (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 approved by the Town Engineer. If the Town Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the Town’s standards and EDS, 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 Town will not accept dedication of required public improvements until the applicant’s engineer or surveyor has certified to the Town Engineer, through submission of detailed sealed “as-built,” or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the Town Engineer, and until all required public improvements have been completed. The “as-builts” shall also include a complete set of sealed 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/seal 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 Town 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) that is compatible with the Town’s CADD system. When such requirements have been met, the Town Engineer shall thereafter make a recommendation to the Town Council to accept the public improvements for dedication in accordance with the established procedure.
Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the Town for use and maintenance. The Town Council 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 Town Council. If the remaining public improvements are greater than $10,000.00 and are not completed within the determined length of time, the Town 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 Town.
Upon acceptance of the required public improvements, the Town Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.
(Ordinance 336-03 adopted 11/18/03)
a. 
The Town Council may, upon petition of the property owner and favorable recommendation of the Town Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate 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 Town Council, the property owner shall deposit in escrow his share of the costs (in accordance with Town participation and oversizing policies) of the future public improvements with the Town prior to approval of the 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 Town.
(Ordinance 336-03 adopted 11/18/03)
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 Town of Bartonville, and unless all public improvements, as required by this Ordinance for final plat approval, have been completed.
b. 
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 Town and recorded at the County.
(Ordinance 336-03 adopted 11/18/03)