(a)
Completion of improvements.
(1)
As a condition of final plat approval, the developer shall either:
(A)
Provide the city a performance bond, irrevocable letter of credit or other security agreement, in a form approved by the city, which guarantees that all public improvements shall be constructed in accordance with the plat, the construction plans, and the standards and specifications contained in this article in an amount equal to 120% of the cost of all improvements including unpaid engineering, surveying and administrative costs as certified by a registered professional engineer; or
(B)
Record upon the final plat a notation as follows: "No building or other permit, except permits for construction of public improvements, will be issued by the city, for construction within this subdivision until such time as all public improvements of the subdivision have been constructed by the developer and accepted by the city council or the guarantee of construction of public improvements required by section 9.02.081 of the Subdivision Regulations ordinance of the City of Daisetta, Texas is submitted to and approved by the city." If the developer places this notation upon the final recorded plat of a subdivision in lieu of providing the security instrument, the city shall not issue any permits for construction within the subdivision, except permits to construct public improvements, until such time as all public improvements of the subdivision have been constructed and accepted by the city or a security instrument satisfying the requirements of subsection (g) of this section is submitted to and accepted by the city council.
(2)
Subdividers who choose to utilize this subsection may not construct any model homes which otherwise would have been allowed under section 9.02.013 of this article.
(3)
Subdivisions located in the extraterritorial jurisdiction of the city who do not choose the option in subsection (a)(1)(A) above may choose the option in subsection (a)(1)(B) above, provided they enter into a development agreement with the city authorizing imposition of the then-current building codes adopted by the city to the building in the subdivision and subject the buildings to city building permitting and inspection processes and fees.
(b)
Costs of improvements.
The subdivider shall pay all costs for providing the subdivision with streets, water, sanitary sewer, storm sewer and street lighting in accordance with the requirements of the subdivision plat and the requirements of this article, and in accordance with plans and specifications for such improvements approved by the city council. In the event ornamental lighting standards are installed, the subdivider shall secure city council approval for the installation and use of such ornamental lighting standards.
(c)
Failure to complete improvement.
If the improvements are not completed within two (2) years of the date of the approval of the final plat by the city council, the plat shall be deemed to have expired. In those cases where security has posted, the city may require that all the improvements be installed regardless of the extent of the building development of the subdivision. The city may also exercise any other rights under the law.
(d)
Acceptance of dedication offers.
Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance by the city council. The approval of a subdivision by the city council, whether sketch, preliminary or final, shall not imply the acceptance by the city of any street, public area, easement and park shown on the plat. The city council shall have no duty, expressed or implied, to accept any offered dedication and may accept or reject the same in the exercise of legislative discretion as it shall so determine.
(e)
Inspection of improvements.
The installation of the approved improvements shall be subject to inspection and reviewed by the city council, or its designated agent, and all construction shall be in accordance with the approved plans and specifications before the city council will accept the subdivision or the improvements. The subdivider shall be responsible for reimbursing the city for the city's costs related to hiring an inspector or engineer to perform the inspection and any tests related thereto.
(f)
Release or reduction of security.
(1)
Certificate of satisfactory completion.
The city council will not accept dedication of required improvements until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until:
(A)
The subdivider's engineer has certified to the city engineer through submission of the detailed "as-built" survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the city council or city engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision which shall be submitted by the subdivider's engineer in accordance with rules, practices and procedures applicable to registered engineers, and all documents filed with the city shall be under the engineer's seal.
(B)
Final plats, construction drawings, amended plats, replats and minor plats shall be submitted to the city engineer in digital format, in addition to the originals and copies prescribed herein, conforming to the drawing standards of AutoCAD (.dwg) or MicroStation J (.dgn) on a compact disc (CD) after all modifications and corrections have been made and before the plat is recorded. The CD shall be given volume code of the subdivision name and the disc shall contain the owner, engineer and surveyor names, dates and telephone numbers.
(g)
Maintenance bond.
Subdivider shall be responsible for maintenance of all improvements for two years from the date they are accepted by the city, not from the date of final plat approval. As a condition of final acceptance of dedication and improvements, subdivider shall post a bond or other surety acceptable to the city in an amount equal to ten percent (10%) of the total improvements as certified by a registered professional engineer to ensure satisfactory completion of all necessary repairs. The bond required herein shall be issued by a bonding/insurance company authorized to do business in the state and shall be under such terms and conditions as shall be specified by the city. The carrier or maker of the bond shall first be approved by the city.
(h)
Deferral or waiver of required improvements.
(1)
The city council may defer or waive, at the time of acceptance, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not requisite in the interests of public health, safety and general welfare, or which are inappropriate because of the inadequacy or nonexistence of connecting facilities. Any determination to defer or waive the provision of any public improvement must be made on the record and the reasons for the deferral or waiver also shall be expressly made on the record.
(2)
Whenever it is deemed necessary by the city council to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting utilities, or for other reasons, the subdivider shall pay its share of the costs of future improvements to the city or post suitable security secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the city council.
(Ordinance 146, sec. 4.01, adopted 3/7/2022)