52-100
The developer of any proposed subdivision within the City or
its extraterritorial jurisdiction shall be required to enter into
a Community Facilities Agreement as a condition of final plat approval
if the subdivision requires the development of public infrastructure,
amenities or facilities that will ultimately be the responsibility
of the City. The purpose of the Community Facilities Agreement is
to set forth the process and procedure under which public infrastructure
facilities or amenities will be constructed, whether the City will
be participating in the costs of any of these facilities, whether
a vested right agreement to a noncurrent set of development regulations
is applicable to the project, delineating responsibilities for engineering,
design, review and approval of all infrastructure improvements, establishing
inspection procedures and the costs sharing for all such inspections
or testing as may be required for a public infrastructure improvement
and providing for the procedure under which infrastructure developed
by the subdivider is transferred to the control of the City.
1.
The Director
of Public Works, for the City of River Oaks, will provide each subdivider
with a form copy of a standard Community Facilities Agreement for
use in securing the information for incorporation into the final Agreement.
2.
The Community
Facilities Agreement shall identify the infrastructure and amenities
that will be constructed, developed or installed as a part of the
subdivision process. It will identify all roads, trails, sidewalks,
utility systems and related facilities, storm drainage facilities,
park and recreation amenities, public wayfinder signage or street
furniture if it is to become the property of the City and any other
amenities that will be transferred to the ownership and control of
the City as a portion of the subdivision process.
3.
If the
development proposes to retain park, recreation or architectural/landscaping
amenities that will be maintained as a private asset of a homeowners’
association or other comparable entity, those will be identified in
a separate section and an explanation of the long-term maintenance
and financing of these amenities will be included to ensure that the
City and the Developer clearly can determine the maintenance and financing
responsibilities of each entity for these special amenities.
4.
The Community
Facilities Agreement will establish a schedule and review plan for
all engineering, design and construction documents that the City will
be required to approve relating to infrastructure or amenities that
will be transferred to City ownership and control following the completion
of the subdivision construction process.
5.
The Community
Facilities Agreement shall establish the planned budget and cost allocation
for inspection and material testing which the City will undertake
during the construction of the public infrastructure to ensure that
it is compliant with appropriate construction standards.
6.
The Community
Facilities Agreement will identify the type and amount of the various
bonds required relating to the construction and maintenance of the
public infrastructure to be developed as a portion of the subdivision
process.
7.
The Community
Facilities Agreement shall delineate any unique or unusual construction
or design considerations that the parties believe will be applicable
to the development of this specific subdivision based upon its location,
topography, soil and groundwater characteristics considered together
with the developer’s land use plan or intent for the development.
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A final plat of a proposed subdivision will not be released
for filing until the Community Facilities Agreement has been executed
between the developer and the City. The City Manager shall be the
representative of the City authorized to execute a Community Facilities
Agreement on behalf of the City of River Oaks.
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(Ordinance 1239-2019, sec. 53, adopted 8/13/19)
