(a) Documents.
Design and construction of public works improvements must conform
to the standards, criteria, and requirements of the following, as
they may from time to time be amended by those responsible for their
promulgation:
(2) The
Thoroughfare Standards of the City of Hudson Oaks;
(3) The
Texas Uniform Traffic-Control Device Manual;
(4) The
North Texas Council of Governments Standard Specifications for Construction
of Public Works;
(5) The
City of Hudson Oaks Design Standards;
(6) The
American Association of State Highway Transportation Officials Design
Manual;
(8) The
City of Hudson Oaks Standard Construction Details;
(9) The
City of Hudson Oaks Manual for the Design of Water and Sanitary Sewer
Lines and Facilities;
(10) The Master Drainage Plan, as applicable;
(11) The Floodplain Ordinance;
(12) The Tree Preservation Ordinance, Article
3.12 of the City Code;
(13) The Integrated Stormwater Standards; and
(14) All other codes and ordinances of the City.
(b) Design
Expiration.
If the construction of public works improvements
is not completed within two years from the preliminary plat approval
date, then the infrastructure must be redesigned using the most current
Design Standards.
(Ordinance 2014-01 adopted 1/23/2014)
An area retained in private ownership but intended for the benefit of the owners of lots in the plat must be shown as a common area and a separate lot on the plat. A homeowners or property owners association which meets the requirements of Section
10.05 must be approved for the area before the final plat is recorded.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Generally.
The layout design of a plat must take into consideration the
provision of adequate fire and police access.
(b) Water
supply.
Provisions must be made for the extension of
water lines and the appropriate placement of fire hydrants as required
by the fire department before approval of the final plat.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Deeds
in Escrow.
As a condition of preliminary plat approval,
the City Council may require the property owner to deposit deeds in
escrow describing by metes and bounds street rights-of-way, parkland,
and easements required by these regulations, conveying such rights-of-way,
parkland and easements to the City, pending acceptance of improvements
by the City and recordation of the final plat. In the event the property
owner fails to complete the public works improvements, and the improvements
are deemed necessary for the preservation of the public health and
safety, the City may compel the delivery and recording of the deeds
in order to complete the improvements as required.
(b) Installation
after Final Plat Approval.
The City Council on request
of the applicant may defer the obligation to install one or more public
improvements to serve the development until after final plat approval.
The request shall be submitted with an application for preliminary
approval. If the subdivider elects not to file for preliminary approval,
public works improvements shall be installed after approval of the
final plat. In either case, deferral of the obligation to install
public improvements shall be conditioned on execution of a development
agreement and sufficient surety to secure the obligations defined
in the agreement.
(Ordinance 2014-01 adopted 1/23/2014)
A developer shall dedicate parkland in accordance with the requirements of Chapter
10 of the Code of Ordinances. Parkland shall be used in accordance with the requirements of the Comprehensive Plan, trails plan, and the park master plan.
(Ordinance 2014-01 adopted 1/23/2014)
Each nonresidential development that has a refuse facility or
location for solid waste collection containers shall provide for safe
and convenient access.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Material.
All retaining walls shall be constructed of inorganic material
such as masonry, brick or stone. Timbers, railroad ties, or wood materials
are prohibited.
(b) Plans
required.
Plans for a retaining wall must be reviewed
and approved by the City Engineer. The review shall verify the following:
(1) That
the retaining wall does not encroach on an adjoining property without
the consent of the adjoining owner;
(2) That
the wall is constructed of a permitted material; and
(3) The
wall in not constructed within a utility easement or without a written
waiver or consent from the utility company holding rights to the easement.
(c) Inspection
Required.
A certificate of occupancy will not be issued
until the retaining wall is constructed, been inspected by the City
and the requirements of this Ordinance have been satisfied.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Performance
Bonds; Escrow Agreement.
If the developer requests that
building permits be issued for construction on lots within the development
prior to completion and acceptance of all public works improvements,
and the Administrative Official determines that permits should be
issued, the following requirements shall apply:
(1) A
performance bond meeting the requirements of Chapter 2253, Texas Government
Code, will be submitted in an amount of not less than the value of
the public works improvements, as determined by the City Engineer,
to ensure completion of all improvements; or
(2) If
the cost of completing the public works improvements at the time the
building permits are requested is one hundred thousand ($100,000.00)
dollars or less, as determined by the City Engineer, cash money in
the amount of the cost of completing the improvements, as determined
by the City Engineer, may be deposited with a bank as escrow agent
pursuant to an escrow agreement, the form and provisions thereof to
be approved by the City Attorney, to ensure completion of the improvement.
(b) Model
Home.
The Administrative Official may authorize construction
of a model home in a subdivision without completion of the public
works improvements.
(c) Payment
Bond; Assurance of Payment.
Prior to acceptance by the
City of any improvements, the developer shall provide one of the following
assurances:
(1) A
payment bond meeting the requirements of Chapter 2253, Texas Government
Code, in an amount of not less than one hundred (100%) percent of
the approximate total cost of the contract, guaranteeing the full
and proper protection of all claimants supplying labor and material
for the construction of the improvements, in the form approved by
the City and by a surety authorized to do business in Texas; or
(2) If
the total contract amount of all public works improvements is fifty
thousand ($50,000.00) dollars or less, as determined by the City Engineer,
or the improvements, regardless of the contract amount, are for a
one-lot development, the owner and contractor may, in lieu of furnishing
a payment bond, agree to pay and satisfy all claims, liens, charges
and encumbrances arising from construction of the public works improvements
and furnish a written affidavit signed by the developer, in a form
provided by the City Attorney, stating the following:
(A) All charges, accounts and claims for labor performed and material
furnished in connection with the improvements have been paid in full;
and
(B) There are no unreleased recorded liens filed against the improvements
or land to which they are affixed that are to be dedicated to the
public.
(d) Amount
and Acceptability.
The security shall be issued in the
amount of 125% of the cost estimate approved by the City Engineer
for all public improvements associated with the subdivision. The bonds
must be issued by a Best-rated surety company that is duly authorized
to transact business in the State of Texas; however, the City retains
the right to reject any surety company regardless of such company’s
qualifications or authorization to do business in Texas if the company
does not have a resident agent and/or surety does not meet the requirements
of Art. 7.19-1 of the Texas Insurance Code. The security shall be
subject to the approval of the City Attorney.
(Ordinance 2014-01 adopted 1/23/2014)
(a) Maintenance
During Construction.
The property owner shall maintain
all required public works improvements during construction of the
development.
(b) Warranty
after Construction.
The developer shall covenant to warranty
the required public works improvements for a period of two (2) years
following issuance of a letter of acceptance by the City of all required
public improvements and shall provide a maintenance bond in the amount
of the cost to construct the improvements guaranteeing the maintenance
and good condition of the improvements insuring the repair and replacement
of all defective work due to faulty materials and workmanship that
appear within a period of two (2) years from the date of acceptance
of the improvements by the City. The bonds must be issued by a Best-rated
surety company that meets the requirements of Section 6.08(d).
(Ordinance 2014-01 adopted 1/23/2014)
(a) Inspections.
Construction inspection shall be supervised by the City Engineer.
Construction shall be in accordance with the approved construction
plans. Any significant change in design required during construction
shall be made by the subdivider’s engineer, and shall be subject
to approval by the City Engineer. If the City Engineer finds upon
inspection that any of the required public works improvements have
not been constructed properly and in accordance with the approved
construction plans, the property owner shall be responsible for completing
and/or correcting the public improvements.
(b) Fees.
The developer shall reimburse the City for all inspection costs,
plan review costs, plus 4% of the costs of the public works improvements
to reimburse the City its administrative costs.
(c) Submission
of As-Built Plans or Record Drawings.
The City shall
not accept dedication of required public improvements until the applicant’s
engineer has certified to the City Engineer, through submission of
a detailed “as-built” record drawing or survey plat of
the property and any off-site easements, the location, dimensions,
materials, and other information establishing that the public improvements
have been built in accordance with the approved construction plans.
Each as-built sheet shall show all changes made in the plans during
construction and on each sheet there shall be an as-built stamp bearing
the signature of the engineer and date. Required formats include:
(1) One
(1) full-size mylar set (22" x 34" sheet size); and
(2) Electronic
drawing in autocad or .pdf format of the final plat and water, wastewater
and storm drainage layouts.
(d) Acceptance
of Improvements.
When the developer has certified to
the City that the public works improvements have been completed in
accordance with the plans and applicable ordinances, the City Engineer
shall determine whether the public improvements have been installed
in accordance with the approved construction plans and Design Standards
and applicable ordinances. If so, the City Engineer shall accept such
improvements on behalf of the City. Acceptance of the improvements
shall mean that the property owner has transferred all rights to all
the public works improvements to the City for use and maintenance.
The City Engineer may accept dedication of a portion of the required
public works improvements, provided adequate surety has been given
for the completion of all of other improvements. Upon acceptance of
the required public improvements, the City Engineer shall issue a
certificate to the property owner stating that all required public
improvements have been accepted.
(e) Disclaimer.
Approval of a preliminary or final plat by the City Council
shall not constitute acceptance of any of the public improvements
required to serve the subdivision. No public improvements shall be
accepted for dedication by the City except in accordance with this
Section.
(Ordinance 2014-01 adopted 1/23/2014)
Regulations regarding the protection of existing trees on properties being developed or redeveloped. Refer to Chapter
3 “Building Regulations” of the Code of Ordinances, Article
3.12 “Tree Preservation.” The design and construction of public works improvements must be done with due regard for the protection of existing trees in accordance with the City’s Tree Preservation Ordinance, Article
3.12 of the City Code.
(Ordinance 2014-01 adopted 1/23/2014)