(a)
Purpose.
This construction plan section which includes
design criteria and standards for the city is intended primarily for
use by the developer’s engineer. These criteria and standards
should enable the engineer to design the required community facilities
in a manner acceptable to the city. There may be special circumstances
which would call for requirements in excess of those outlined. In
most cases, additional requirements will be apparent to the developer’s
engineer while preparing the plans for the subdivision or during conferences/discussions
with the city staff.
(b)
Submitting plans.
Plans shall be submitted in accordance
with the policies of the engineering department. A checklist of necessary
items and exhibits to be included in the construction plans is available
online on the development services webpage. Incomplete plans will
not be accepted and such plans shall be returned to the applicant.
(c)
Responsible official and decision.
The director of engineering
shall be the responsible official for review and approval of construction
plans. The director of engineering shall also be the initial decision-maker
for construction plans. In this capacity, therefore, the director
of engineering 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 prior to the
approval and/or recordation of the final plat, unless otherwise stated
within the subdivision ordinance or a development agreement.
(e)
Criteria for approval.
The director of engineering shall
approve construction plans if:
(1)
Compliance required.
Prior to the commission’s
approval of the final plat, the subdivider shall comply or provide
for compliance with the policies and procedures set forth in these
regulations and the engineering design standards for construction
of street improvements and utilities. No building, sewer, electrical
or plumbing permit shall be issued by the city as to any property
in the subdivision until:
(A)
The plans are consistent with the approved preliminary plat or the
proposed final plat;
(B)
The plans conform to the subject property’s zoning and planned
development standards, if applicable, and to the standards for adequate
public facilities, contained in this subdivision ordinance, and all
other applicable Code of Ordinances.
(C)
The working drawings, specifications and agreements required herein
have been reviewed and approved by the affected city departments and,
as required, by the city attorney.
(2)
Engineering design standards.
The engineering design
standards are hereby adopted by reference and made a part of these
regulations, design criteria, and standards which shall be controlling
in design, construction and installation of street paving, curbs and
gutters, sidewalks, utilities and other public improvements required
herein. All references to engineering design standards shall mean
and include those standards and specifications, together with all
exhibits, charts, drawings and diagrams appertaining thereto, which
have been approved by the director of engineering, adopted by the
city council, and placed on file in the office of the city secretary
and displayed on the engineering webpage.
(3)
Conformance to NCTCOG standards.
When the engineering
design standards lack the specificity required in certain circumstances,
the specifications of the latest edition of the standard specifications
for public works construction, published by the North Central Texas
Council of Governments shall apply.
(4)
Installation and financing.
The subdivider shall arrange
with the city and with utility companies franchised to serve the area
in which the subdivision is located for the construction costs of
streets and alleys, utility lines and other public improvements. The
subdivider shall also arrange for the sequence of work so that underground
utilities shall be installed in those portions of streets intended
for vehicular traffic before such streets shall be surfaced. If the
several improvements required herein have not been installed or constructed
prior to submission of the final plat, then the final plat shall bear
a restriction that no lot shall be occupied and that no municipal
services shall be extended thereto until the specified utilities and
improvements have been constructed as required.
(f)
Effect.
Approval of construction plans authorizes the applicant to schedule a pre-construction meeting in accordance with section 10.03.042, pre-construction meeting, and apply for construction release in accordance with section 10.03.041(i), construction release.
(g)
Expiration.
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 plans are extended in accordance with section 10.03.041(h), extension of expiration date.
(h)
Extension of expiration date.
Construction plans may
be extended for a period of six (6) additional months beyond the expiration
date. A request must be made in writing to the director of engineering
for such extension prior to expiration of the plans, and shall include
reasons why the plans should be extended.
(1)
Decision by the director of engineering.
(A)
The director of engineering will review the extension request, and
shall approve, approve with conditions, or deny the extension request
within thirty (30) calendar days following the date the request for
extension is received.
(B)
Should the director of engineering fail to act on an extension request
within thirty (30) calendar days, the extension shall be deemed to
be approved.
(2)
Consideration.
The director of engineering shall extend
construction plans approval for a period of six (6) additional months
beyond the plans’ expiration date if all of the following conditions
are met:
(A)
The final 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 that impact the
health, safety and general welfare of the community;
(C)
Demonstrable forward progress has been made to proceed with construction
or required improvements; and
(3)
Conditions.
In granting an extension, the director of
engineering may impose such conditions as are needed to ensure that
the land will be developed in a timely manner 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.
(4)
Additional extension.
A second, six (6) month extension
may be requested using the same process outlined above.
(i)
Construction release.
Upon approval of the preliminary
plat and the construction plans, receipt of all documentation (e.g.,
insurance information, bonds, etc.), receipt of required fees, and
park land dedication, if applicable, and after the pre-construction
meeting with city staff, the director of engineering may release the
plans for construction if all city requirements pertaining to construction
have been met. 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. Expiration, and possible
extension, of the construction release shall be the same as for the
construction plans.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
The purpose of the pre-construction meeting
is to discuss administrative, communication, and operating procedures
for the project prior to the onset of construction. 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
prior to the meeting.
(b)
Notice.
The applicant shall receive written notice from
the director of engineering that construction plans have been approved
and that the project is eligible for a pre-construction meeting.
(c)
Required attendance.
The applicant, along with key construction
managers, must attend a pre-construction meeting with the director
of engineering or his designee and other appropriate city officials
following the approval of construction plans, the approval of the
final plat, and prior to commencement of any construction on the property.
(d)
Effect.
Following the pre-construction meeting and upon
approval of the construction plans and full compliance with all pre-construction
requirements, the director of engineering shall authorize construction
release, allowing the applicant to commence with construction of the
project. 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.
(e)
Fees due.
Fees for the development application and any
associated permits are due prior to the pre-construction meeting.
These include, but are not limited to, roadway and utility impact
fees and park land dedication fees-in-lieu of land.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Completion prior to final plat recordation.
Completion
of all required public improvements, in accordance with the approved
final plat and the approved construction plans, shall occur prior
to final plat recordation with Denton or Collin County. final plat
exhibits will not be accepted for filing with the county prior to
completion of such improvements except as provided below.
(b)
Completion after final plat recordation.
The director
of engineering, upon written request by the applicant, may allow construction
of public improvements after final plat recordation. Such postponement
shall be conditioned on execution of a development agreement and provision
of security. It shall be at the director of engineering’s discretion
to determine whether postponing construction of public improvements
until after final plat recordation is appropriate, and therefore,
whether financial guarantee is acceptable through a development agreement.
(c)
Deferral of obligation.
The director of engineering
may defer the developer’s obligation to dedicate rights-of-way
or easements for, or to construct, public improvements to serve a
new development upon execution of a development agreement and upon
provision of adequate security.
(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. Also refer to section 10.03.033(j), expiration, for details regarding phased development and preliminary plat validity.
(e)
Easements for utility providers.
The applicant is responsible
for contacting all utility providers prior to beginning construction,
and for securing all necessary easements for same prior to final plat
approval and recordation. The applicant’s engineer shall provide
the director of engineering with written certification that all necessary
easements are secured for the various utility providers, and such
easements shall be shown on the final plat with the recording information
for each (if previously platted) or established through the recordation
of the final plat.
(f)
Off-site easements.
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, or prior to approval and recordation
of the final plat, whichever occurs first. Off-site easements shall
be conveyed and recorded in Denton or Collin County by filing the
off-site easement in a conveyance plat prior to filing the final plat.
At the discretion of the director of engineering, a separate instrument
may be used for the purposes of recording off-site easements. If the
property on which the off-site easement is required has been platted
prior to the granting of the easement, a replat is required to dedicate
the easement.
(g)
Oversized facilities.
When the city sees fit to request that the developer upsize any required infrastructure for the use of future development within the city, the difference in cost of the required infrastructure for the development and the cost of upsizing shall be borne by the city. (See section 10.03.044(b)(2), oversizing of infrastructure, below).
(Ordinance 2020-95 adopted 10/13/20)
(a)
Purpose.
A subdivider shall be required to enter into
a development agreement with the city, which shall govern the subdivision
if there are pro rata payments or other financial agreements, subject
to the Texas Local Government Code, subchapter C, developer participation
in contract for public improvements. City participation in cost, escrow
deposits, or other future considerations, will be not issued prior
to filing the development agreement in the Denton or Collin County
records.
(b)
Applicability.
(1)
Improvements delayed.
When any of the required public
improvements will be postponed and constructed after final plat recordation,
the final plat shall not be accepted for filing for recordation with
Denton or Collin County unless and until the applicant enters into
a development agreement to ensure the completion of all required public
improvements.
(2)
Oversizing of infrastructure.
The city requires a development
agreement pertaining to any public improvement for which the developer
may request reimbursement from the city for oversize costs as for
water and sewer improvements or all other required improvements not
necessitated by the project itself. The city council may authorize
the approval of such agreement as meeting the city’s future
requirements, and the city will not withhold approval as a means of
avoiding compensation due under the terms of this code.
(c)
Authority of the city to complete work.
This agreement
shall be based upon the requirements of this chapter, and shall provide
the city with specific authority to complete the improvements required
in the agreement in the event of default by the subdivider, and to
recover the full legal costs of such measures. The city may subordinate
its development agreement to the prime lender if provided for in said
agreement.
(d)
Joint obligations.
The development agreement shall be
a legally binding agreement between the city and the subdivider specifying
the individual and joint responsibilities of both the city and the
subdivider. Unusual circumstances relating to the subdivision shall
be considered in the development agreement such that the purpose of
this chapter is best served for each particular subdivision. The subdivider
shall include in such an agreement a hold harmless and indemnity clause
agreeing to hold the city harmless against any claim arising out of
the subdivision of the property or any actions taken therein.
(e)
Security for completion of improvements.
(1)
Type of security.
When any of the required public improvements
will be constructed after approval and recordation of the final plat,
the applicant shall guarantee proper construction of such postponed
improvements, in accordance with the city’s design standards
and with this subdivision ordinance, by a bond executed by a surety
company holding a license to do business in the state, and acceptable
to the city, on the form provided by the city. The performance bond
shall be approved as to form by the city attorney.
(2)
Estimated cost and security approval.
(A)
Security shall be issued in the amount of 110% of the cost to construct,
complete, and maintain all required public improvements to the city’s
standards as estimated by the applicant’s professional engineer,
and as approved by the director of engineering.
(B)
Security shall be subject to the review and approval of the city
attorney. The applicant shall reimburse the city for all related legal
costs for the city’s legal review prior to filing the final
plat.
(C)
Upon the dedication of and acceptance by the city of all required
public improvements, the city shall authorize a reduction in the cash
security to ten percent (10%) of the original amount if the property
owner is not in breach of the development agreement. The remaining
cash security shall ensure that the owner will warrant that the required
public improvements are free from defect for a period of two (2) years
following acceptance by the city.
(3)
Letter of credit.
In certain circumstances and at the
discretion of the director of engineering, an applicant may submit
a letter of credit in lieu of cash security. In this case, the letter
of credit shall:
(A)
Be irrevocable.
(B)
Be in a form approved by the city attorney.
(C)
Be for a term sufficient to cover the completion, maintenance and
warranty periods of the improvements covered by the letter of credit,
but in no event less than two (2) years.
(D)
As portions of the public improvements are completed in accordance
with the engineering design standards and the approved engineering
plans, the applicant may request that the director of engineering
reduce the amount of the original letter of credit. If the director
of engineering is satisfied that such portion of the improvements
has been completed in accordance with city standards, the director
of engineering may (but is not required to) cause the amount of the
letter of credit to be reduced by such amount that the director of
engineering deems appropriate, so that the remaining amount of the
letter of credit adequately ensures the completion of the remaining
public improvements.
(4)
Security for construction in extraterritorial jurisdiction (ETJ).
Where all or some portion of the proposed development is located
in the city’s ETJ, the security shall be in a form and shall
contain such terms as are consistent with the city’s interlocal
agreements with Denton or Collin County under Texas Local Government
Code, chapter 242. In cases where the requirements governing the form
and terms of the security are defined in such an agreement, they will
supersede any conflicting provisions within this subdivision ordinance.
(f)
Escrow policies and procedures.
(1)
Request for escrow.
The city may require or the developer
may petition the city to defer required improvements in exchange for
a deposit of escrow. An example may include a timing issue due to
pending street improvements by another agency such as TxDOT. The director
of engineering may require studies and other information to support
the developer’s request to escrow.
(2)
Escrow deposit with the city.
When the director of engineering
requires or agrees to accept escrow deposits, the developer shall
deposit in escrow with the city an amount equal to 110% of the total
costs including, but not limited to, the design, construction, any
required studies performed by a third party, permitting, acceptance
and inflation costs related to the improvements. The director of engineering
shall review and approve the amount, which shall be approved and paid
to the city prior to recordation of the final plat.
(3)
City usage of escrowed funds.
The city may also use
the escrowed funds in participation with another entity (such as TxDOT,
Denton or Collin County, etc.) to jointly construct the public improvements.
(4)
Termination of escrow.
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 refunded
to the developer. Such refund of escrowed funds does not remove any
obligations of the developer for construction of the required improvements.
(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.
(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, if any.
(7)
Escrow fee agreement.
The director of engineering, at
his discretion, may require an escrow fee agreement be executed.
(g)
Authority of city council.
The city council has the
sole authority to approve development agreements.
(h)
Agreement to run with the land.
The development agreement
shall provide that the covenants and other terms of agreement contained
therein shall run with the land and shall bind all successors, heirs
and assignees of the current applicant. All existing owners shall
be required to execute the agreement or provide written consent to
the covenants and other terms contained in the agreement.
(i)
Termination of agreement.
The subdivider shall have
a continuing responsibility under the development agreement after
the filing of any final plat with Denton or Collin County until all
facilities and improvements required under the development agreement
have been completed, inspected and accepted by the city. When the
construction of required improvements has proceeded to the point that
certain parts of the subdivision are adequately served, the director
of engineering may release specified portions of the subdivision for
use prior to the completion of all improvements, unless the release
of such improvements will jeopardize or hinder the continued construction
of required improvements. Any development agreement shall remain in
force for all portions of the subdivision for which a release has
not been executed.
(j)
Development agreement fee.
The city shall impose a fee
for processing development agreements. The amount of the fee shall
be as specified in the city’s fee schedule that may be amended
from time to time by ordinance. The direct cost of the city attorney
review of the development agreement shall be passed through to the
applicant.
(Ordinance 2020-95 adopted 10/13/20)
(a)
The city may participate with the developer on major items of construction,
such as lift stations, bridges or streets adjacent to the subdivision
which benefit existing or future development in addition to that being
subdivided. The amount of financial responsibility of each party and
the terms of discharging such responsibility may be provided for in
a facilities agreement.
(b)
The construction of certain facilities required by the provisions
of this article may not be possible or practical at the time the developer
prepares his plans for public improvements. Such deletion or delay
of improvements may be specified in the facilities agreement, together
with provisions for escrow deposits or future payment by the city
and/or developer.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Inspections.
(1)
The director of engineering shall inspect the construction of improvements
while in progress, as well as upon completion. The applicant, or his
contractor, shall maintain contact with the director of engineering
during all phases of construction.
(2)
Construction shall be in accordance with the approved construction
plans. Any significant change in design required during construction
shall be made by the applicant’s engineer, and shall be subject
to approval by the director of engineering.
(3)
Any changes in design required during construction should be made
by the engineer whose signature and seal 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 must be approved by the director
of engineering.
(4)
If the director of engineering 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)
Maintenance during construction.
The applicant shall
maintain all required public improvements during construction of the
development phases or until the city approves the improvements and
accepts same.
(c)
As-built plans and submission of record drawings for filing.
(1)
After construction is completed, the developer shall provide the
commission a set of as-built plans of all streets, alleys, sidewalks,
drainage, underground utilities, signs, signals, street lighting and
any other pertinent physical improvement of the subdivision.
(2)
The city shall accept required public improvements when the applicant’s
engineer has certified to the director of engineering, through submission
of detailed “record” or “as built” drawings
of the project and filed copies of any off-site easements, unless
otherwise noted within the subdivision ordinance, that the public
improvements have been built in accordance with the approved construction
plans. Unless otherwise provided in a development agreement, the city
will not submit the approved final plat for recordation in Denton
or Collin County until all required improvements have been accepted
by the director of engineering.
(d)
Revisions documented on plat.
Each record drawing sheet
shall document all changes made in the plans during construction,
and on each sheet, there shall be a “record” stamp bearing
the signature of the engineer and date. Detailed requirements for
such drawings and stamps are available on the city engineering website.
(e)
Acceptance or rejection of improvements by director of engineering.
(1)
Responsible official.
Using the final acceptance checklist
(online on the development services webpage), the director of engineering
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 director of
engineering and other designated representatives (as applicable) will
perform a final inspection before recommending acceptance of the improvements.
(3)
Letter of final acceptance.
If all improvements are
completed, inspected, tested (when applicable), and determined by
the city to be in conformance with this subdivision ordinance and
with the city’s engineering design standards, then the director
of engineering shall issue a letter of final acceptance to the applicant,
thereby notifying the applicant of the city’s acceptance.
(4)
Effect 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.
If any portion of the construction plans
fails to comply with the city’s standards and specifications,
the director of engineering shall reject the complete set until the
failure is remedied.
(f)
Disclaimer.
Approval of a preliminary plat or final
plat by the commission, or construction plans by the director of engineering,
shall not constitute acceptance of any of the public improvements
required to serve the subdivision or development. No public improvements
shall be accepted for dedication by the city except in accordance
with this section.
(g)
Acceptance or rejection of improvements in extraterritorial jurisdiction
(ETJ).
Where the improvements to be constructed under
a development agreement are located within the city’s ETJ and
are to be dedicated to Denton or Collin County, the director of engineering
shall inform the county officials that the public improvements have
been constructed in accordance with approved construction plans, and
are ready for acceptance by the county.
(h)
Maintenance bond following acceptance.
The applicant
shall furnish to the director of engineering a sufficient maintenance
bond with a reputable and solvent corporate surety registered with
the state, in favor of the city, to indemnify the city against any
repairs. The bond shall be in effect for two (2) years from the date
final acceptance of the entire project. The bond, which is a part
of the requirements for final acceptance, shall be a minimum of one
hundred percent (100%) of the value of the work constructed. 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 final plat).
(Ordinance 2020-95 adopted 10/13/20)
(a)
No building permit shall be issued for a lot or building site unless
the associated final plat has been approved by the city and all public
improvements as required for the final plat approval have been completed,
except as permitted below:
(1)
Building permits may be issued for nonresidential and multiple-family
development provided that a final plat is approved by the planning
and zoning commission and construction plans have been released by
the director of engineering. Building construction will not be allowed
to surpass the construction of fire protection improvements.
(2)
The director of development services may authorize residential building
permits for a portion of a subdivision, provided that a final plat
has been approved by the planning and zoning commission and all public
improvements have been completed for that portion of the development,
including but not limited to those required for fire and emergency
protection. Notwithstanding, no lot may be sold or title conveyed
until a final plat approved by the planning and zoning commission
has been recorded.
(3)
No certificate of occupancy shall be issued for a building permit
or the use of a property unless all subdivision improvements have
been completed and the final plat approved by the planning and zoning
commission has been recorded in the county. Notwithstanding the above,
the director of development services may authorize the temporary 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. The certificate
of occupancy may be revoked if the final plat approval and filing
process is not completed.
(4)
The temporary certificate of occupancy shall state on its face that
the recipient accepts all liability resulting from occupancy of the
building or space and indemnifies the city thereof.
(Ordinance 2020-95 adopted 10/13/20)
