(a) 
Purpose.
Require public improvements to be constructed and installed to serve a development in accordance with all subdivision ordinance standards.
(b) 
Submitting plans.
Applications for construction plans shall be submitted to the city engineer and will be reviewed in accordance with this subdivision ordinance, and engineering services requirements, as provided in the development application handbook. The application for a construction plan shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007.
(c) 
Action by the city engineer.
Once the application is deemed complete, the city engineer shall review the application for technical compliance with the subdivision ordinance and the development application handbook and provide comments to the applicant regarding any deficiencies that may need to be addressed in order for the city engineer to be able to recommend approval of the construction plans to the city council. All comments and opportunities by the applicant to correct or supplement any deficient information shall be completed in time to schedule the application on the city council agenda within the procedural deadlines set out in section 9.01.007. The application shall be scheduled for a city council meeting for approval, approval with conditions, or for denial prior to the expiration of 30 days from the official filing date.
(d) 
Action by the city council.
The city council action shall include the information required by section 9.01.008.
(e) 
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 this subdivision ordinance.
(f) 
Criteria for approval.
(1) 
The plans are consistent with any previously approved plat application and the development application handbook;
(2) 
The plans conform to the criteria for approval set out in section 9.02.002(e).
(g) 
Effect.
Approval of construction plans authorizes the planning and zoning administrator to issue a construction permit and authorizes the applicant to schedule a pre-construction meeting in accordance with this section 9.03.001 construction plans and begin construction as described in subsection (i).
(h) 
Expiration.
The approval of the construction plans shall remain in effect for a period of one (1) year from the date of approval, unless the plans are extended in accordance with section 0) [subsection (j).]
(i) 
Extension, or for the duration of the construction of the project, provided that progress toward completion on the project continues to be demonstrated.
(j) 
Extension.
Construction plans may be extended for a period of six (6) additional months beyond the initial expiration date. A request must be made in writing to the planning and zoning administrator for such extension prior to expiration of the plans and shall include reasons why the plans should be extended.
(1) 
Action by the planning and zoning administrator.
(A) 
The planning and zoning administrator will review the extension request, and shall approve, approve with conditions, or deny the extension request within thirty (30) calendar days following the official filing date.
(B) 
Should the planning and zoning administrator fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.
(2) 
Consideration.
The planning and zoning administrator shall extend construction plans approval for a period of six (6) additional months beyond the Plans’ expiration date if:
(A) 
A 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 of required improvements; and
(D) 
An improvement agreement, if applicable, is still valid and in full effect.
(3) 
Conditions.
In granting an extension, the planning and zoning administrator 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.
(4) 
Total extension.
A second six (6) month extension may be requested using the same process outlined above.
(k) 
Construction permit.
Upon approval of any applicable plat and approval of the construction plans, receipt of all documentation (e.g., insurance information, bonds, improvement agreements etc.) and fees required by the city have been paid, and after the pre-construction meeting with the city, the city engineer shall release the construction permit if all city requirements pertaining to the construction have been met. The construction permit 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 permit shall be the same as for the construction plans.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Requirement.
The applicant(s) shall attend a pre-construction meeting with the planning and zoning administrator and city engineer following the approval of construction plans and prior to commencement of any construction on the property.
(b) 
Purpose.
The purpose of the pre-construction meeting is to discuss administrative, communication, and operating procedures for project construction prior release of the construction permit. 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 planning and zoning administrator that construction plans have been approved and that the project is eligible for a pre-construction meeting.
(d) 
Effect.
Following the pre-construction meeting and upon approval of the construction plans and full compliance with all pre-construction requirements, the planning and zoning administrator shall issue the construction permit, allowing the applicant to commence with construction of the project. Upon completion of any site development requirements associated with the construction permit, 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 2020-16 adopted 12/8/20)
(a) 
Completion prior to final plat approval and recordation.
Completion of all required public improvements, in accordance with the approved preliminary plat and the approved construction plans, shall occur prior to final plat approval and recordation. A final plat shall not be accepted for filing, nor shall it be considered for approval, prior to completion of such improvements except as provided in section 7.1.B) [sic].
(b) 
Completion after final plat approval and recordation.
If the applicant chooses to construct public improvements after approval of the final plat or development plat, in accordance with this section, the planning and zoning administrator shall allow construction of public improvements after final plat approval and recordation conditioned upon applicant’s compliance with section 9.03.004 improvement agreements and security for completion.
(c) 
Phased development.
(1) 
If the development is being platted and constructed in phases, all improvements shall be constructed and completed as necessary to serve the phase that has been approved. Provided however, that all improvements which are intended to serve the project as a whole shall be constructed and completed in conjunction with phase 1 of the project. Refer to section 0) [sic]
(2) 
Expiration for details regarding phased development and preliminary plat validity.
(d) 
Easements for utility providers.
In conjunction with the construction plan application, the applicant shall demonstrate that he or she has contacted all utility providers and secured, or will secure all necessary easements for the same prior to final plat approval and recordation. The applicant’s engineer shall provide the planning and zoning administrator 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 construction of the improvements will occur after approval of the final plat in accordance with section 7.1.B) [sic], then applicant shall demonstrate in the application for the construction plan that any necessary easements have been acquired or will be acquired by separate instrument prior to commencement of construction.
(e) 
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 at Ellis County by an instrument approved by the city.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Improvement agreement and security for completion.
When any of the required public improvements will be postponed and constructed after final plat or development plat approval and recordation, the final plat or development plat shall not be accepted for filing, nor shall it be approved, unless and until the applicant enters into an improvement agreement provided by the city and which the applicant agrees to:
(1) 
Construct and complete improvements;
(2) 
Warrants the improvements for a period of two (2) years following final acceptance by the city;
(3) 
Provides a maintenance bond in the amount of one hundred and ten percent (110%) of the costs of the improvements for such period;
(4) 
Provides provisions for securing the obligations of the agreement consistent with subsection (e) security for completion of improvements on forms provided by the city; and
(5) 
Outlines other terms and conditions as are agreed to by the applicant and the city, or as may be required by this subdivision ordinance.
(b) 
Agreement to run with the land.
The improvement agreement shall provide that the covenants and other items of the agreement contained therein shall run with the land and shall bind all successors, heirs and assignees of the applicant. 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) 
Action by the planning and zoning administrator.
The planning and zoning administrator shall review the improvement agreement, and shall approve it, approve it with conditions, or deny it. The agreement shall also be subject to review by the city attorney prior to any approval by the planning and zoning administrator, and 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.
(d) 
Appeal of decision.
The applicant may appeal the planning and zoning administrator’s decision on the improvement agreement to the city council by submitting written notice of appeal to the city within fourteen (14) calendar days following the date of such decision. The city council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal. The city council may only overturn the planning and zoning administrator’s decision with an affirmative vote by four voting members of the city council. The city council’s decision is final.
(e) 
Security for completion of improvements.
(1) 
Type of security.
(2) 
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 improvements, in accordance with the city’s design standards and with this subdivision ordinance, by a obtaining a performance 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.
(3) 
Estimated cost and security approval.
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 the planning and zoning administrator. 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 review. This reimbursement shall be paid in full prior to filing of the final plat.
(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 Ellis County under Texas Local Government Code, chapter 242.
(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 and city’s agreement to construct the improvements. An example may include a timing issue due to pending street improvements by another agency such as TxDOT. The city engineer may require studies and other information to support the developer’s request to escrow.
(2) 
Escrow deposit with the city.
When the city council requires or agrees to accept escrow deposits, the developer shall deposit in escrow with 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 city council shall review and approve the amount, which shall be approved and paid prior to recordation of the final plat.
(3) 
City usage of escrowed funds.
Use of the escrowed funds by the city shall be in accordance with an escrow agreement provided by the city. The escrow agreement will authorize the city to use the escrowed funds for construction of the improvements and may also authorize the city to participate with another entity (such as TxDOT, Ellis County, etc.) to jointly construct the public improvement(s).
(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 returned to the developer. 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 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, be refunded to the developer after completion of the city acceptance of 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.
(7) 
Escrow fee agreement.
The city council shall require an escrow fee agreement to be executed.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Inspections.
(1) 
The city engineer shall inspect the construction of improvements while in progress, as well as upon completion. The applicant, or the applicant’s contractor, shall maintain contact with the city engineer during construction of improvements.
(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 city engineer.
(3) 
If the city engineer 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 correction of 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.
(c) 
Submission of record drawings.
The city shall accept required public improvements when the applicant’s engineer has certified to the city engineer, through submission of detailed “record” 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. The city shall not accept improvements until the final plat is approved by the city council and recorded at Ellis County. Each record drawing sheet shall show 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.
(d) 
Acceptance or rejection of improvements by the city.
(1) 
City engineer.
The city engineer 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 engineer, and other designated representatives (as applicable) will perform a final inspection.
(3) 
Letter of final acceptance.
If all improvements are completed, inspected, tested (if applicable), and determined by the city to be in conformance with this subdivision ordinance and the city’s design standards, then the city engineer shall issue a letter of final acceptance to the applicant, thereby notifying the applicant of the city’s acceptance.
(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 engineer 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).
(e) 
Disclaimer.
Approval of a preliminary plat or final plat by the planning and zoning commission or city council, as applicable, or construction plans by the city engineer, 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.
(f) 
Acceptance of improvements for land in extraterritorial jurisdiction (ETJ).
Where the improvements to be constructed under an improvement agreement are located within the city’s ETJ and are to be dedicated to Ellis County, the city engineer shall inform Ellis County that the public improvements have been constructed in accordance with approved construction plans and are ready for acceptance by Ellis County.
(g) 
Maintenance bond following acceptance.
The applicant shall furnish to the city engineer a sufficient maintenance bond with a reputable and solvent corporate surety registered with the State of Texas, 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 of final acceptance of the entire project. The bond, which is part of the requirements for final acceptance, shall be a minimum of one hundred and ten percent (110%) of the value of the work constructed. Final acceptance shall be withheld until said maintenance bond is furnished to the city in a form acceptable by the city attorney. Once the maintenance bond has been examined and approved by the city attorney, the city attorney shall certify the bond is valid and enforceable as provided by law prior to recommending acceptance by the city engineer. 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 2020-16 adopted 12/8/20)