Table 2.4-1: Summary of Fiscal Security Types
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Scenario
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Acceptable Formats
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Amount
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Term
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Applicability
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Cash
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LOC
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P. Bond
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PUBLIC INFRASTRUCTURE
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Improvement Agreement
Required if Final Plat filed before construction
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Y
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Y
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Y
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Minimum 110% of Engineer's Opinion of Probable Cost (OPC)
City Engineer may require more than 110% for a phased project
or project longer than 2 years to account for inflation
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Irrevocable. Minimum of 2 years from date of Final Plat filing.
Automatically renews until Final Acceptance by City Engineer.
Unused portion returned upon Final Acceptance and receipt of
Maintenance Bond covering 25% of final construction cost covering
maintenance for 2 years from date of Final Acceptance
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• Public & Private Roads.
• Turn lanes and other safety measures that are not considered
transportation mitigation.
• Public and Private Water Quality Ponds when impervious
coverage is proposed as part of Construction Plan.
• Stormwater Infrastructure
• Sidewalks (all sidewalks in non-residential or mixed-use
and common lot sidewalks in residential)
• Water and Wastewater
Exemptions
• Development in ETJ if Subdivider demonstrates acceptable
Fiscal Security posted with Travis County
• Water and Wastewater if Subdivider demonstrates acceptable
Fiscal Security posted with PUA or WCID-17
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Maintenance Bond
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Y
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Y
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Y
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25% of updated final construction cost based on contractor's
contract and change fee tabulation prior to Final Acceptance.
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2 years from Final Acceptance. City may return unused portion.
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• Public and Private Roads.
• Water Quality Ponds when impervious coverage is proposed
as part of Construction Plans
• Stormwater Infrastructure
• Sidewalks (all sidewalks in non-residential or mixed-use
and common lot sidewalks in residential)
Exemptions
• Development in ETJ if Subdivider demonstrates acceptable
Fiscal Security posted with Travis County.
• Water and Wastewater construction if Subdivider demonstrates
acceptable Fiscal Security posted with PUA or WCID-17
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EROSION AND SEDIMENTATION CONTROLS
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Temporary Erosion & Sedimentation Control (ESC) Bond
Guarantees construction of required temporary ESC. Required
any time you move dirt
Cross reference in Site Plan
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Y
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Y
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N
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100% of cost of controls per Subdivider's engineer
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Unused portion returned at Final Acceptance
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• Silt Fencing
• Tree Protection
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Permanent Nonpoint Source (NPS) Erosion and Sediment Control
(ESC) Security
Ensure City has sufficient funds to establish permanent revegetation
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Y
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Y
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N
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100% of the cost to revegetate per Subdivider's Engineer
After acceptance of Water Quality controls, Fiscal Security
converts to Maintenance Bonds at 10% of cost to revegetate for 2 years
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May be reduced as controls are completed
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• Subdivision Water Quality ponds covered under Improvement
Agreement
• Water Quality controls may be bonded, but not ESC controls
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NPS Deferral of Revegetation
Used to obtain a Certificate of Occupancy prior to soil-stabilization
revegetation meeting requirements. Not to be used for deferment of
Site Plan-related landscaping (i.e., trees and shrubs)
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Y
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N
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N
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City Engineer to determine annual cost per square foot
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1 year from issuance of Certificate of Occupancy
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Allowed during non-optimal growing seasons or during growing
season when grass is established but does not meet Technical Manual
density threshold
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NPS Revegetation Maintenance Bond
Used when vegetation is already established
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Y
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Y
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Y
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10%
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2 years from close of project
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TRANSPORTATION
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TIA Mitigation Contribution
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Y
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N
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N
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100% in the form of dedication or construction of facilities
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Permanent
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City may participate in costs of oversize improvements
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Escrow - Transportation
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Y
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N
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N
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Maximum comparable "turnkey" bid price of construction of the
facility including design, permits, reviews, approval, inspections,
and any needed land acquisition
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Returned in full or partially based on percentage of construction
costs borne by a party other than the City (Returnable after 10 years
if City has not authorized plans)
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Transportation improvement required by Transportation Plan,
including street section, sidewalks, bike, and other pedestrian infrastructure
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TXDOT Pass-Through Scenario
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Y
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N
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N
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100% of improvement cost based on required TXDOT improvements
100% pro-rata share for future improvements
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Developer responsible for any cost overages (payable to TXDOT)
Cost savings are returnable
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City collects and holds per TXDOT policy and as approved by
the City
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OTHER
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Buffer Planting Performance Guarantee
Ensure planting standards of 75' landscape buffer are met when
buffer is platted as Common Lot
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Y
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Y
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N
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100% of vegetation per Landscape Architect's estimate
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Same as Improvement Agreement
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All vegetation includes sod, grass, ground cover, trees, shrubs,
and other plants
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