(a) General
Application Required.
Construction plans shall be prepared
by or under the supervision of a professional engineer or architect
registered in the State of Texas as required by state law governing
such professions. Plans submitted for review by the City shall be
dated and bear the responsible engineer’s or architect’s
name, serial number, firm registration number, and the designation
of “engineer,” “professional engineer” or
“P.E.” or “architect” and an appropriate stamp
or statement near the engineer’s or architect’s identification,
stating that the documents are for preliminary review and are not
intended for construction. Final plans acceptable to the city shall
bear the seal and signature of the engineer or architect and the date
signed on all sheets of the plans. Public works construction in streets,
alleys or easements which will be maintained by the city shall be
designed by a professional engineer registered in the State of Texas.
(b) Construction
Plan Review Procedure.
Copies of the construction plans,
and the required number of copies of the working plat shall be submitted
to the city engineer for final acceptance. The plans shall contain
all necessary information for construction of the project, including
screening walls and other special features. All materials specified
shall conform to the standard specifications and standard details
of the city. Each sheet of the plans shall contain a title block including
space for the notation of revisions. This space is to be completed
with each revision to the plan sheet and shall clearly note the nature
of the revision and the date the revision was made. The city engineer
will release the plans for construction, after approval of the preliminary
plat by the commission and payment of all inspection fees. Upon such
release, each contractor shall maintain one set of plans stamped with
city release at the project site at all times during construction.
(c) Failure
to Commence Construction.
If commencement of construction
has not occurred within one (1) year after approval of the plans,
resubmittal of plans shall be required by the city for meeting current
standards and engineering requirements. For purposes of this section
“commencement of construction” shall mean (1) issuance
of construction permit(s); and (2) grading of the land.
(Ordinance 2254-21 adopted 11/16/21)
(a) Completion
of Improvements.
Except as provided below, before the
final plat is approved by the commission or planning and zoning manager,
all applicants shall be required to complete, in accordance with the
city's direction and to the satisfaction of the city engineer, all
street, sanitary and other public improvements, including lot improvements
on the individual residential lots of the subdivision as required
in these regulations and specified in the final plat, and to dedicate
those public improvements to the city. As used in this section, "lot
improvements" refers to grading and installation of improvements required
for proper drainage and prevention of soil erosion.
(b) Improvement
Agreement.
(1) Agreement.
The city council, considering the recommendation
of city staff, may waive the requirement that the applicant complete
and dedicate all public improvements prior to approval of the final
plat, and may permit the owner to enter into an improvement agreement
by which the owner covenants to complete all required public improvements
no later than two (2) years following the date on which the final
plat is signed. The city council may also require the owner to complete
and dedicate some required public improvements prior to approval of
the final plat and to enter into an improvement agreement for completion
of the remainder of the required improvements during such two-year
period. The improvement agreement shall contain such other terms and
conditions as are agreed to by the owner and the city.
(2) Improvement Agreement Required for Oversize Reimbursement.
The city shall require an improvement agreement pertaining to
any public improvement for which the developer shall request reimbursement
from the city for oversize costs (for future infrastructure).
(3) Security.
The improvement agreement shall require the
owner to provide sufficient security covering the completion of the
public improvements. The security shall be in the form of cash escrow
or, where authorized by the city, a letter of credit or other security
acceptable to the city attorney. Security shall be in an amount equal
to one hundred percent (100%) of the city's estimated cost of completion
of the required public improvements and lot improvements. In addition
to all other security, for completion of those public improvements
where the city participates in the cost, the owner shall provide a
performance bond from the contractor, with the city as a co-obligee.
The issuer of any surety bond and letter of credit shall be subject
to the approval of the city attorney.
(4) Letter of Credit.
If the city council authorizes the
owner to post a letter of credit as security for its promises contained
in the improvement agreement, the letter of credit shall:
(B) be for a term sufficient to cover the completion, maintenance and
warranty periods but in no event less than two (2) years; and
(C) 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.
(5) Letter of Credit Reductions.
As portions of the public
improvements are completed, the developer may make application to
the city engineer to reduce the amount of the original letter of credit.
(A) the city engineer, if satisfied that such portion of the improvements
has been completed in accordance with city standards, may cause the
amount of the letter of credit to be reduced by such amount deemed
appropriate, so that the remaining amount of the letter of credit
adequately insures the completion of the remaining public improvements.
(B) upon the dedication of and acceptance by the city of all required
public improvements, the city shall authorize a reduction in the security
to 10% of the original amount of the security if the owner is not
in breach of the improvement agreement. The remaining security shall
be security for the owner's covenant to maintain the required public
improvements and the warrant that the improvements are free from defect
for two (2) years thereafter.
(c) Temporary
Improvements.
The owner shall build and pay for all costs
of temporary improvements required by the city council and shall maintain
those temporary improvements for the period specified by the commission.
Prior to construction of any temporary improvement, the owner shall
file with the city a separate improvement agreement and escrow, or
where authorized, a letter of credit, in an appropriate amount for
such temporary improvements, which improvement agreement and escrow
or letter of credit shall ensure that the temporary improvements will
be properly constructed, maintained, and removed.
(d) Units
of Government.
Governmental units may file, in lieu of
the contract and security, a certified resolution or ordinance agreeing
to comply with the provisions of this section.
(e) Failure
to Complete Improvements.
For plats for which no improvement
agreement has been executed and no security has been posted, if the
public improvements are not completed within the period specified
by the city, the preliminary plat approval shall be deemed to have
expired. In those cases where an improvement agreement has been executed
and security has been posted and required public improvements have
not been installed within the terms of the agreement, the city may:
(1) Declare the agreement to be in default and require that all the public
improvements be installed regardless of the extent of completion of
the development at the time the improvement agreement is declared
to be in default;
(2) Suspend final plat approval until the public improvements are completed
and record a document to that effect for the purpose of public notice;
(3) Obtain funds under the security and complete or cause the public
improvements to be completed;
(4) Assign its right to receive funds under the security to any third
party, including a subsequent owner of the subdivision for which public
improvements were not constructed, in whole or in part, in exchange
for that subsequent owner's promise to complete the public improvements
in the subdivision; and
(5) Exercise any other rights available under the law.
(f) Acceptance
of Dedication Offers.
Acceptance of formal offers of
dedication of street, public areas, easements, and parks shall be
by authorization of the city engineer. The approval by the commission
of a plat, whether preliminary or final, shall not in and of itself
be deemed to constitute or imply the acceptance by the city of any
street, easement, or park shown on plat. The commission may require
the plat to be endorsed with appropriate notes to this effect.
(g) Maintenance
of Public Improvements.
The owner shall maintain all
required public improvements for a period of two (2) years following
the acceptance by the city and shall provide a warranty that all public
improvements shall be free from defect for a period of two (2) years
following such acceptance by the city.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
(a) Permit
Required.
A permit is required from the city prior to
commencement of any subdivision development work in the city which
affects erosion control, vegetation or tree removal or a floodplain.
(b) Preconstruction
Conference.
The construction manager shall conduct a
preconstruction meeting. The construction manager may require that
all contractors participating in the construction meet for a preconstruction
conference to discuss the project prior to release of a permit.
(c) Conditions
Prior to Authorization.
Prior to authorizing release
of a construction permit, the city engineer shall be satisfied that
the following conditions have been met:
(1) The preliminary plat shall be approved by the commission.
(2) All required contract documents shall be completed and filed with
the city engineer.
(3) All necessary off-site easements or dedications required for city
infrastructure and not shown on the final plat must be conveyed solely
to the city, with proper signatures affixed. The original of the documents
shall be returned to the engineering department prior to approval
and release of the engineering plans and issuance of a permit.
(4) All contractors participating in the construction shall be provided,
at the developer's cost, with a set of approved plans bearing the
stamp of release of the engineering department. One set of these plans
shall remain on the job site at all times.
(5) A complete list of the contractors, their representatives on the
site, and telephone numbers where a responsible party may be reached
at all times must be submitted to the city engineer at least forty-eight
(48) hours prior to the preconstruction meeting which is optional.
(6) All applicable fees must be paid to the city.
(7) All construction submittals shall be furnished to the construction
manager.
(Ordinance 1413-01 adopted 4/17/01; Ordinance 2254-21 adopted 11/16/21)
(a) General
Procedure.
Construction inspection shall be supervised
by the city engineer. Construction shall be in accordance with the
approved plans and the design standards. Any change in design required
during construction should be made by the engineer whose seal and
signature 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 shall be approved by the city engineer. If the city
engineer's inspection finds that any of the required public improvements
have not been constructed in accordance with the city's construction
standards and specifications, the owner shall be responsible for completing
and/or correcting the public improvements.
(b) Certificate
of Satisfactory Completion.
The city will not accept
dedication of required public improvements until the applicant's engineer
or surveyor has certified to the city engineer, through submission
of record drawings, indicating location, dimensions, materials, and
other information required by the commission or city engineer that
all required public improvements have been completed. The record drawings
shall also include a complete set of drawings of the paving, drainage,
water, sanitary sewer or other public improvements, showing that the
layout of the line and grade of all public improvements is in accordance
with construction plans for the plat, and all changes made in the
plans during construction and containing on each sheet a record drawing
stamp bearing the signature of the engineer and the date. The engineer
or surveyor shall also furnish a copy of the final plat and engineering
plans, if prepared on a Computer Assisted Design Drawings ("CADD")
system, in such a format that is compatible with the city's CADD system.
The developer shall provide a maintenance bond executed by a corporate
surety duly authorized to do business in the State of Texas, payable
to the city and approved by the city as to form, to guarantee the
maintenance of the construction for a period of two (2) years after
its completion and acceptance by the city. In lieu of a maintenance
bond the developer may submit either an irrevocable letter of credit
payable to the city and approved by the city as to form, or a cash
bond payable to the city and approved as to form. The amount of the
maintenance bond, letter of credit or cash bond shall be at least
ten (10%) percent of the full cost of the infrastructure in the subdivision,
as determined by the estimate of construction costs. When such requirements
have been met the city engineer shall thereafter accept the public
improvements.
(c) Acceptance
of the development shall mean that the developer has transferred all
rights to all the public improvements to the city for use and maintenance.
(d) Upon
acceptance of the required public improvements, the city engineer
shall submit a certificate to the developer stating that all required
public improvements have been satisfactorily completed.
(Ordinance 1413-01 adopted 4/17/01)
No building permit shall be issued for a lot or building site
unless the lot or site has been officially recorded by a final plat
approved by the city, and all public improvements as required for
final plat approval have been completed, except as permitted below.
(1) The
city engineer may authorize residential building permits for model
home construction, provided that a preliminary plat has been approved
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 city has been recorded.
(2) No
certificate of occupancy shall be issued for a building or the use
of property unless all subdivision improvements have been completed
and a final plat approved by the city has been recorded. Notwithstanding
the above, the city building official may authorize the 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.
(3) The
lot is considered a lot of record.
(Ordinance 2254-21 adopted 11/16/21)
Utility connections for individual lots are not authorized until
a final plat has been approved in accordance with this chapter.
(Ordinance 1413-01 adopted 4/17/01)
The city shall withhold all city improvements of whatsoever
nature, including the furnishing of water and sewer facilities and
service, from any subdivision which has not been constructed and approved
in accordance with this chapter.
(Ordinance 1413-01 adopted 4/17/01)