1. 
Except as provided in Subsection 3, below, no final plat shall be recorded and no building permit shall be issued for construction on a lot located within a subdivision until construction of all public improvements required to be constructed within the subdivision have been completed and accepted by the City.
2. 
All construction work, including but not limited to street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers and water mains performed by the subdivider, developer, owner or contractor shall be:
(a) 
subject to inspection by the proper authorities of the City; and
(b) 
constructed in accordance with the standard specifications approved by the City and other applicable City ordinances.
Notification must be made in accordance with City policies and procedures prior to City inspection of public improvements under construction.
3. 
A Final Plat may be recorded prior to the completion and acceptance by the City of all public improvements required to be constructed in association with the subdivision of land subject to the following:
(a) 
The owner and/or developer provide to the City an itemized list of the work remaining to be completed on the required public improvements and the estimated time to complete such work;
(b) 
The City Engineer approves and agrees to the deadline for completion of the required public improvements provided such deadline does not exceed six (6) months after the date the Final Plat is recorded unless a longer period is approved by the City Council;
(c) 
The owner and/or developer provide to the City sufficient security to ensure completion of the required public improvements in the form of either:
(1) 
A cash escrow; or
(2) 
A irrevocable letter of credit drawn upon a state or national bank in Ellis, Dallas, or Tarrant County with a term sufficient to cover the completion period plus 60 days, and require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City’s right to draw funds under the letter of credit based on the developer’s failure to complete the required public improvements by the agreed deadline; or
(3) 
A performance bond or surety bond for the same time period in a form approved by the City attorney securing performance of the provisions of the development agreement by the developer.
Said security for completion of all public improvements shall be issued in the amount of 100 percent of the funds estimated by the City Engineer to be necessary to pay for all required public improvements.
(d) 
The contractor(s) constructing the required public improvements provide(s) a performance bond and payment bond naming the City as a co-obligee. Such performance and payment bonds shall be equal to the total amount set forth in the contractor’s contract.
(e) 
The issuer and form of any payment and/or performance bond and/or letter of credit shall be subject to the approval of the City Attorney. The performance and payment bonds must be executed by a corporate surety in compliance with V.T.C.A., Government Code ch. 2253, as amended.
4. 
The City Inspector or designated representative may issue red and green tags on inspected work. All “red tagged” work must be corrected, re-inspected, and issued a green tag prior to proceeding with any associated work. Additionally, the City inspector or designated representative shall have the authority to issue a stop work order on any construction work that is not in accordance with City requirements. Failure to take corrective action may result in a fine [in] accordance with Article VII.
5. 
Notwithstanding the recording of the Final Plat prior to completion and acceptance of all required public improvements associated with a subdivision, no building permit shall be granted for any lot unless and until the City Engineer determines that the required public improvements are sufficiently complete to allow fully paved access by police, fire, and emergency medical services, and the lot is being served by water, sanitary sewer, and electric utility services.
Editor’s note–Ordinance 98-11, adopted 2/10/98, renumbered section 5.11 as 5.10.
(Ordinance 88-14, sec. 5.11, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04; Ordinance 2016-43, sec. 1(B), adopted 11/8/16)
Street lighting will be required in all subdivisions in accordance with City and local electric franchise provider requirements. Streetlights shall be located such that they do not conflict with the placement and/or maintenance of utilities and shall remain clear of sidewalks and handicap ramps. All electric utilities shall be placed underground when possible, as determined by the City Engineer.
A street lighting layout plan shall be included as a part of the engineering plans and shall include the type of streetlights and proposed locations in relation to easements, other utilities, sidewalks and handicap ramps. Street lighting to be maintained by the City shall be of the type covered under local electric franchise provider requirements.
(Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04)
All street signs and traffic-control devices shall conform to the fundamental use and design requirements set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD).
1. 
The subdivider shall pay for the costs of purchasing and installing street posts and signs at each street intersection. Street signs shall be comprised of 9-inch-tall blades with 6-inch-high letters. Posts and bases shall be perforated square metal tubing.
2. 
The subdivider or developer shall pay for the costs of purchasing and installing posts and traffic signs along each street and at each street intersection within the subdivision, which signs shall be of the same type as used by the City. Posts and bases shall be perforated square metal tubing.
(Ordinance 88-14, sec. 5.12, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04)
Where the proposed subdivision is located adjacent to a substandard road or street within the City and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay to the City a fee equal to one-half (1/2) the cost of improvements required to meet City standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the City for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the City Engineer and made available to the subdivider. The fees shall be placed by the City into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said roads or street. When a thoroughfare is improved adjacent to the subdivision, there shall not be a curb and gutter assessment levied by the City against the property for which the fee was collected. If the improvement to the road or street does not occur within ten (10) years from the date the fee is placed on deposit with the City, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time. There shall be no refunds if the street is constructed within the specified time.
(Ordinance 88-14, sec. 5.13, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98)
Prior to the acceptance of a subdivision by the City, the engineer for the subdivider or developer shall submit to the City Engineer a complete set of reproducible drawings of the paving, drainage, water and sewer improvements showing all changes made in the plans during construction and containing on each sheet an “As-Built” or “Record Drawings” stamp bearing the signature of the engineer for the subdivider or developer and the date. In addition to the reproducible set, an electronic file in .DXF, .DWG or .PDF format shall be furnished to the City on CD-ROM.
(Ordinance 88-14, sec. 5.14, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04)
Prior to acceptance of a subdivision by the City, the subdivider or developer shall furnish a good and sufficient maintenance bond in the amount of forty percent (40%) of the contract price with a reputable and solvent corporate surety, authorized to do business in this State, in favor of the City, to indemnify the City against any repairs which many become necessary to any part of the construction work performed in connection with the subdivision arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the entire project.
In lieu of the above-referenced maintenance bond, the City will consider an irrevocable letter of credit, in a form approved by the City Attorney, from a banking institution authorized to conduct business in the State of Texas.
A $100 fee to cover the City’s review and possible approval of the letter of credit is required.
(Ordinance 88-14, sec. 5.15, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2001-39, sec. 1(1), adopted 8/28/01; Ordinance 2004-17 adopted 4/6/04)
Any proposed design changes to the approved construction plans, based on field conditions or other circumstances, shall be referred back to the professional engineer of record for redesign and submittal to the City Engineer’s office for review and approval.
Editor’s note–Former section 5.16, “Engineer’s Certificate and Surveyor’s Certificate,” which derived from Ordinance 88-14, adopted 7/26/88, and Ordinance 98-11, adopted 2/10/98, was deleted by Ordinance 2001-45, adopted 9/25/01. Ordinance 2004-17, adopted 4/6/04, added a new section 5.16 as set out above.
(Ordinance 2004-17 adopted 4/6/04)
A stormwater pollution prevention plan (SWPPP) is required for all construction activities that disturb one (1) or more acres by the Texas Commission on Environmental Quality (TCEQ). This plan shall show proposed measures to control pollutants in stormwater discharge during and after construction operations. A section of the SWPPP shall contain an erosion control plan, signed and sealed by a professional engineer licensed in the State of Texas. A notice of intent (N.O.I.) and a notice of termination (N.O.T.) are required by TCEQ for all construction activities that disturb five (5) or more acres. A copy of the N.O.I. shall be posted at the construction site prior to commencing construction and shall be maintained at a readily available location until completion of the construction activities. The N.O.I. must be submitted and filed 48 hours prior to the start of construction. The N.O.T. must be filed upon completion of construction.
The SWPPP shall be kept at the construction site for assessment by TCEQ inspectors at all times. The SWPPP shall be kept up-to-date, and clearly indicate any and all changes made to the plan throughout construction. The TCEQ requires that inspections of the stormwater pollution measures be done on a bi-weekly basis and within 24 hours of the end of a storm event of 0.5 inches or greater. A record of all inspections shall be kept at the construction site. Erosion control measures (curlex blanket, silt fence, etc.) must be placed behind the back of curb throughout construction. All ditches or swales that are constructed shall be immediately hydromulched and maintained though the life of the maintenance bond period. Should any pollution prevention measure fail, the failure shall be repaired immediately.
(Ordinance 2004-17 adopted 4/6/04)