City of Bee Cave, TX Section 2.4 Subdivision Construction Plans and Procedures

§ 2.4.1 Subdivision construction plans.

A. Purpose. The purpose of this section is to ensure installation and completion of Public Facilities to serve a development in accordance with the UDC.

B. Submitting plans.

1. Subdivision Construction Plans must be submitted in the form required provided by the City Engineer. The City will not accept incomplete Subdivision Construction Plans and will return incomplete plans to the applicant.

2. Subdivision Construction Plans are not considered filed for the purposes of Texas Local Government Code Chapter 212.009 until approval is received from all applicable Water, Wastewater, Electric and Gas utility provider[s] other than the City, and TXDOT, if applicable.

3. The Subdivider will submit to the City an Opinion of Probable Cost prepared by the Professional Engineer that prepared the Subdivision Construction Plans, and a costs and quantity breakout for the Public Facilities, which the City will use as a basis for requiring a Performance Bond and inspection fees.

(i) Prior to the Pre-Construction Meeting, the City Engineer, at their discretion, may require the Subdivider to provide an updated Opinion of Probable Cost based on the contracted amount to construct Public Facilities;

(ii) The City Engineer may adjust the amount of the Performance Bond based on changes to the Opinion of Probable Cost during construction;

(iii) The City may charge inspection fees for inspections performed during construction;

(iv) Prior to Acceptance, the Subdivider must submit final documentation including all change orders. This amount will determine the Maintenance Bond.

C. Responsible official and decision-making authority for subdivision construction plans.

Figure 2.4.1-1: Construction Plan Review Process

1. Review and approval action. The City Engineer is the Responsible Official for review and approval of Subdivision Construction Plans.

2. Outside review. If an outside consultant is contracted to review Subdivision Construction Plans, the City is entitled to reimbursement from the Subdivider for additional review fees.

3. Decision-maker action. The City Engineer will approve, approve subject to conditions, or deny the Subdivision Construction Plans.

D. Approval required and timing of construction. The City Engineer must approve the Subdivision Construction Plans in accordance with this Section 2.4 Subdivision Construction Plans and Procedures prior to the approval or recordation of the Final Plat.

E. Criteria for approval. The City Engineer must approve the Subdivision Construction Plans if:

1. The Subdivision Construction Plans are consistent with the approved Preliminary Plat; and

2. The Subdivision Construction Plans conform to the subject property's zoning (including zoning design standards) or Development Agreement, as applicable, and to the standards for Adequate Public Facilities, contained in the UDC or adopted Technical Manuals, and all other applicable City ordinances.

F. Effect. Approval of Subdivision Construction Plans authorizes the applicant to:

1. Schedule a pre-construction meeting (subsection 2.4.2.B.2); and

2. Apply for Construction Release (subsection 2.4.2.B.3).

3. The applicant may also be issued a Building Permit if the City has approved a Building Permit application and all other Building Permit requirements have also been met. The City will not issue a Certificate of Occupancy until Public Facilities have been accepted and the Final Plat has been recorded.

G. Expiration date for subdivision construction plans. The approval of Subdivision Construction Plans remains in effect for a period of one (1) year from the date of approval, or for the duration of construction of the project, provided that Progress Towards Completion, in accordance with TLGC Chapter 245.005, continues or the City approves an extension of the Subdivision Construction Plans in accordance with subsection 2.4.1.H.

H. Extension of subdivision construction plans beyond expiration date.

1. General.

(i) The City Engineer may extend approval of the Subdivision Construction Plans for a period of six (6) additional months beyond the expiration date.

(ii) The Subdivider must make the request for extension in writing to the City Engineer a minimum of thirty (30) calendar days before the expiration date and include an explanation of why the approval extension is requested.

2. Decision by the City Engineer.

(i) The City Engineer will review the extension request, and approve, approve with conditions, or deny the extension request within thirty (30) calendar days following the date of the extension request.

(ii) If the City Engineer fails to act on an extension request within thirty (30) calendar days, the extension is approved.

(iii) The City Engineer will provide written notice of the approval to the Subdivider.

3. Consideration. The City Engineer will extend Subdivision Construction Plans approval for a period of six (6) additional months beyond the expiration date if:

(i) A Final Plat has been submitted, approved or filed of record for any portion of the property shown on the Subdivision Construction Plans;

(ii) The Subdivision Construction Plans comply with current ordinances (i.e., ordinances that have been adopted after approval of the original Subdivision Construction Plans) that impact the health, safety and general welfare of the City;

(iii) Demonstrable forward progress has been made to proceed with construction or required improvements; or

(iv) An Improvement Agreement (See subsection 2.4.4, Improvement Agreements and Fiscal Security), if applicable, is still valid and in full effect.

4. Conditions. In granting an extension, the City Engineer may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. Any extension may be predicated upon compliance with new development regulations or the Subdivider waiving any vested rights.

5. Total extension. A second six (6) month extension may be requested using the same process outlined above. The total extension granted under this subsection 2.4.1.H shall not exceed one (1) year.

(Ordinance 475 adopted 6/28/22)

§ 2.4.2 Pre-construction meeting and construction release.

A. Requirement. The Subdivider or the Subdivider's agents must attend a Pre-Construction Meeting with the City Engineer following the approval of Subdivision Construction Plans and before Construction Release.

B. Sequence of events.

1. Notice. Once the Subdivider receives written notice from the City Engineer that the Subdivision Construction Plans are approved, the project is eligible for a Pre-Construction Meeting. It is the responsibility of the Subdivider to schedule the Pre-Construction Meeting.

2. Pre-construction meeting. The purpose of the Pre-Construction Meeting is to discuss administrative, communication, and operating procedures for project construction. The Pre-Construction Meeting is a prerequisite for Construction Release and will not be scheduled until all fees are paid.

3. Construction release.

(i) Following the Pre-Construction Meeting, receipt of all documentation and full compliance with all Pre-Construction requirements, the City Engineer will authorize Construction Release.

(ii) The Construction Release will remain in effect for a period of one (1) year from the release date, or for the duration of construction of the project, provided that the Subdivider continues to demonstrate Progress Toward Completion in accordance with subsection 2.4.1.G.

C. Construction release expiration and extension. Expiration, and possible extension, of the Construction Release occurs simultaneously with expiration and extension of Subdivision Construction Plans (see subsection 2.4.1.H).

(Ordinance 475 adopted 6/28/22)

§ 2.4.3 Timing of public facilities.

A. Completion of public facilities prior to final plat approval and recordation.

1. Completion of all required Public Facilities, in accordance with the approved Preliminary Plat and Subdivision Construction Plans, must occur before Final Plat approval and recordation.

2. The City will not accept a Final Plat for filing, or consider for approval, before completion of Public Facilities except as provided in subsection 2.4.3.B.

B. Completion of public facilities after final plat approval and recordation.

1. The City Engineer, upon written request by the applicant, may allow construction of Public Facilities after Final Plat approval and recordation.

2. The City may condition postponement of Public Facilities on the execution of an Improvement Agreement and provision of Fiscal Security, in accordance with subsection 2.4.4.

3. The City Engineer has the discretion to determine whether postponing construction of Public Facilities until after Final Plat approval and recordation is appropriate. The City Engineer may defer the Subdivider's obligation to construct Public Facilities until after Final Plat recording upon execution of an Improvement Agreement and provision of adequate Fiscal Security (see subsection 2.4.4, Improvement Agreements and Fiscal Security).

C. Time to complete.

1. The Subdivider must complete construction of the Public Facilities within two (2) years of Construction Release. City Council may grant an extension for up to one (1) year.

2. If the Subdivider does not complete construction within two (2) years, as well as any extension granted by City Council, the City may utilize Fiscal Security to complete the Public Facilities.

D. Phased development.

1. If the development is platted and constructed in phases, the Subdivider must complete Public Facilities according to the platting and phasing plan approved with the Preliminary Plat.

2. The Planning Director is authorized to approve changes to the Phasing Plan in consultation with the City Engineer if the changes will not directly or indirectly authorize any of the items listed in subsection 2.3.4.L.2.

E. Easements for utility providers.

1. The Subdivider is responsible for contacting all utility providers prior to beginning construction, and for securing all necessary easements for same prior to Final Plat approval and recordation.

2. The Subdivider's engineer must provide the City Engineer with written certification that all necessary easements are secured or will be secured in accordance with the UDC for the various utility providers, and the Final Plat will reference such easements.

(i) For any plat that will be recorded without easements dedicated to a utility provider other than the City, the Subdivider's engineer must include the following note on the written certification: "The applicable utility may refuse to accept improvements for ownership and maintenance until an easement of adequate dimensions is recorded in the deed records of Travis County, and the recordation number appears on this plat."

F. Off-site easements.

1. The Subdivider is responsible for recording any off-site easements that may be required for installation of off-site Public Facilities related to the development, per the approved Subdivision Construction Plans.

(i) The Subdivider must record the easements before the Pre-Construction Meeting (see subsection 2.4.1 [2.4.2]); or

(ii) Before recordation of the Final Plat; or

(iii) After recordation of the Final Plat if the note reference in subsection E.2(1) [E.2(i)] above is included on the face of the Final Plat.

2. Conveyance and recording of off-site easements must take place at the County by an instrument approved by the City.

3. If the off-site easement is on a property platted of record, the City will not require a Replat of the property if the Subdivider records a separate instrument dedicating the easement on the property. The Subdivider will show the off-site easement and recording information on the Subdivision Construction Plans and the Final Plat of the property that the off-site easement serves, as applicable.

(Ordinance 475 adopted 6/28/22)

§ 2.4.4 Improvement agreements and fiscal security.

A. Summary of requirements and procedures.

Table 2.4-1 Summarizes Fiscal Security required by the City of Bee Cave to guarantee improvements.

Table 2.4-1: Summary of Fiscal Security Types
Scenario	Acceptable Formats			Amount	Term	Applicability
	Cash	LOC	P. Bond
PUBLIC INFRASTRUCTURE
Improvement Agreement Required if Final Plat filed before construction	Y	Y	Y	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	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	• 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
Maintenance Bond	Y	Y	Y	25% of updated final construction cost based on contractor's contract and change fee tabulation prior to Final Acceptance.	2 years from Final Acceptance. City may return unused portion.	• 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
EROSION AND SEDIMENTATION CONTROLS
Temporary Erosion & Sedimentation Control (ESC) Bond Guarantees construction of required temporary ESC. Required any time you move dirt Cross reference in Site Plan	Y	Y	N	100% of cost of controls per Subdivider's engineer	Unused portion returned at Final Acceptance	• Silt Fencing • Tree Protection
Permanent Nonpoint Source (NPS) Erosion and Sediment Control (ESC) Security Ensure City has sufficient funds to establish permanent revegetation	Y	Y	N	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	May be reduced as controls are completed	• Subdivision Water Quality ponds covered under Improvement Agreement • Water Quality controls may be bonded, but not ESC controls
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)	Y	N	N	City Engineer to determine annual cost per square foot	1 year from issuance of Certificate of Occupancy	Allowed during non-optimal growing seasons or during growing season when grass is established but does not meet Technical Manual density threshold
NPS Revegetation Maintenance Bond Used when vegetation is already established	Y	Y	Y	10%	2 years from close of project
TRANSPORTATION
TIA Mitigation Contribution	Y	N	N	100% in the form of dedication or construction of facilities	Permanent	City may participate in costs of oversize improvements
Escrow - Transportation	Y	N	N	Maximum comparable "turnkey" bid price of construction of the facility including design, permits, reviews, approval, inspections, and any needed land acquisition	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)	Transportation improvement required by Transportation Plan, including street section, sidewalks, bike, and other pedestrian infrastructure
TXDOT Pass-Through Scenario	Y	N	N	100% of improvement cost based on required TXDOT improvements 100% pro-rata share for future improvements	Developer responsible for any cost overages (payable to TXDOT) Cost savings are returnable	City collects and holds per TXDOT policy and as approved by the City
OTHER
Buffer Planting Performance Guarantee Ensure planting standards of 75' landscape buffer are met when buffer is platted as Common Lot	Y	Y	N	100% of vegetation per Landscape Architect's estimate	Same as Improvement Agreement	All vegetation includes sod, grass, ground cover, trees, shrubs, and other plants

B. Improvement agreement and security for completion.

1. An Improvement Agreement made between a Subdivider and the City is a request to delay or provide for allocation of the cost of certain Public Facilities required by the UDC, any adopted Technical Manuals, or other provisions of the Code of Ordinances.

2. When any of the required Public Facilities are postponed and constructed after Final Plat approval and recordation, the City will not approve or accept the Final Plat for filing, unless and until the Subdivider enters into an improvement agreement of standardized format approved by the City by which the Subdivider:

(i) Becomes obligated to complete the Public Facilities;

(ii) Provides Fiscal Security to guarantee completion of the Public Facilities (see Subsection 2.4.4.F below);

(iii) Outlines other terms and conditions as are agreed to by the Subdivider and the City, or as may be required by the UDC, including insurance requirements and covenants to comply with other ordinances of the City.

C. Agreement to run with the land.

1. The improvement agreement must provide that the covenants and other items of agreement contained therein will run with the land and bind all successors, heirs and assignees of the Subdivider.

2. All existing owners must execute the improvement agreement or provide written consent to the covenants and other items contained in the improvement agreement.

D. Decision by the City Engineer. The City Engineer shall review the improvement agreement, and shall approve it, approve it with conditions, or deny it.

E. Appeal to the Council of an improvement agreement decision.

1. The Subdivider may appeal the City Engineer's decision on the improvement agreement to the City Council by submitting written notice of appeal to the City Engineer within fourteen (14) calendar days following the date of such decision.

2. The City Council will hear and act on the appeal within thirty (30) calendar days following receipt of the notice of appeal.

3. The City Council may only overturn the City Engineer's decision upon a favorable vote of at least four (4) of the Council's voting members, and the Council's decision is final.

F. Security for completion of improvements.

1. Estimated cost and security approval.

(i) The City requires Fiscal Security in the amount of one hundred and ten percent (110%) of the cost to construct and complete all required Public Facilities to the City's standards as estimated by the Subdivider's engineer, and as approved by the City Engineer.

(ii) Fiscal Security is subject to the review and approval of the City Attorney.

(iii) The Subdivider will reimburse the City for all related legal costs for review (this reimbursement shall be paid in full prior to recording of the Final Plat).

2. Type of security. The Subdivider must guarantee proper construction of the postponed improvements and payment of all claimants supplying labor and materials for the construction of the improvements, in accordance with the City's standards and with the UDC, by one of the following methods:

(i) Cash or Check;

(ii) An Irrevocable Letter of Credit may be accepted and approved as to form by the City Attorney (see Table 2.4-1: Summary of Fiscal Security Types for scenarios in which a Letter of Credit is acceptable).

(iii) A bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City, on the form provided by the City (see Table 2.4-1: Summary of Fiscal Security Types for scenarios in which a bond is required or acceptable).

(iv) All performance and payment bonds shall be approved as to form by the City Attorney.

G. Escrow policies and procedures. The intent of escrow is to provide a means for project completion if unforeseen circumstances delay project completion. An example may include a timing issue due to pending street improvements by another agency such as TxDOT.

1. Escrow deposit with the City.

(i) When the City Engineer requires or agrees to accept escrow deposits, the Subdivider will deposit in escrow with the City, at a financial institution to be determined by the City, an amount equal to the total cost including, but not limited to, the cost of land acquisition, design, permitting, acceptance, and inflation related to the improvement(s) (i.e., the "turnkey" cost).

(ii) The City Engineer will review and approve the amount, which must be paid prior to recordation of the Final Plat.

(iii) The full amount of escrow must remain deposited with the City until completion of the project.

2. City usage of escrowed funds. The City may also use the escrowed funds in participation with another entity (such as TxDOT, Travis County, etc.) to jointly construct the Public Facilities.

3. Termination of escrow.

(i) Escrowed funds which remain unused after a period of ten (10) years following the date of such payment will, upon written request, be returned to the Subdivider.

(ii) Such return of escrowed funds does not remove any obligations of the Subdivider for construction of the required Public Facilities.

4. Refund. If a party other than the City constructs all or a portion of a street or other type of Public Facilities for which escrow is deposited, the City will refund the remaining unused escrowed funds to the Subdivider upon written request after completion and City acceptance of the street or Public Facilities. The City may require thirty (30) days from the request to process the refund.

5. Interest on escrowed funds. When escrowed funds are returned or refunded to the escrowing Subdivider, the City will retain all interest accrued by the funds.

6. Escrow fee agreement. The City Engineer, at their discretion, may require an escrow fee agreement be executed.

(Ordinance 475 adopted 6/28/22)

§ 2.4.5 Inspection, acceptance, and maintenance of public facilities.

A. Inspection of public facilities.

1. Timing and contact.

(i) The City Engineer is responsible for inspecting the construction of Public Facilities while in progress, as well as upon completion.

(ii) The City Engineer may establish a schedule that provides for regular communication between the City, the Subdivider and the Contractor constructing the Public Facilities.

(iii) All construction work, such as street grading, street paving, storm sewers, sanitary sewers or water mains performed by the owner, Subdivider, or Contractor, is subject to observation during construction by the proper authorities of the City.

2. Conformance with subdivision construction plans.

(i) Construction must be in accordance with the approved Subdivision Construction Plans.

(ii) Any significant change in design required during construction is subject to approval at the discretion of the City Engineer in consultation with the Subdivider's Engineer.

3. Corrections to improvements. If the City Engineer finds, upon inspection, that any of the required Public Facilities are not constructed properly and/or are not in accordance with the approved Subdivision Construction Plans, the applicant is responsible for completing or correcting the Public Facilities to bring them into compliance.

B. Inspection fees.

1. Fee standards. The Subdivider will be charged an inspection fee in an amount equal to a percentage of the final construction cost of all improvements included in the Subdivision Construction Plans, as determined by the City's Fee Schedule, except those improvements to be conveyed to another public entity.

2. Cost for construction.

(i) The Subdivider will submit to the City a copy of the executed contract between the Subdivider and the Contractor prior to scheduling a Pre-Construction Meeting, and a costs and quantity breakout for the Public Facilities, upon which the inspection fee will be based, and pay the approved fee amount to the City.

(ii) The cost of construction shall be reviewed and approved by the City Engineer.

(iii) Upon completion of construction and prior to final acceptance, the Subdivider will submit a final costs and quantity breakout for the Public Facilities, which shall include all change orders.

(iv) The final cost amount will be used to determine the required Maintenance Bond posting (see subsection 2.4.5.G).

(v) The Subdivider will be charged or reimbursed applicable inspection fees for the difference in construction costs and the original fees paid per subsection 2.4.5.B.2(i).

C. Maintenance during construction. The Subdivider will maintain all required Public Facilities during construction.

D. Submission of record drawings.

1. The City will not accept dedication of Public Facilities until the Subdivider's engineer has certified to the City Engineer, through submission of detailed Record Drawings approved by the City, that the Subdivider has constructed the Public Facilities in accordance with the approved Subdivision Construction Plans of the project and has filed all off-site easements with the County.

2. Each record drawing sheet shall show all changes made in the Subdivision Construction Plans during construction, and on each sheet there shall be a "record" stamp as approved by the City Engineer.

3. The Subdivider will give the City copies of the Record Drawings in a format acceptable to the City.

E. Acceptance or rejection of improvements by the City Engineer.

1. Responsible official. The City Engineer is responsible for coordinating inspection of all required Public Facilities shown in the Subdivision Construction Plans, and for accepting completed Public Facilities intended for dedication to the City.

2. Final inspection. After completion of all Public Facilities, franchise utility extensions, final grading, and erosion control, and receipt of concurrence letter from the Subdivider's engineer, the City Engineer and other designated representatives, as applicable, will perform a final inspection before recommending acceptance of the improvements by Letter of Final Acceptance.

3. Acceptance by other entities. The Subdivider is responsible for obtaining acceptance from other applicable utilities, and the City may condition its Letter of Final Acceptance upon the Subdivider providing evidence that other entities have accepted improvements under their jurisdiction.

4. Letter of final acceptance. Once all Public Facilities are completed, inspected, tested (if applicable), and the City Engineer determines they conform to the standards of the UDC and the City's Technical Manuals, and the Subdivider has paid all inspection fees, then the City Engineer will issue a Letter of Final Acceptance to the Subdivider, providing notice of the City's acceptance or future acceptance of the Public Facilities subject to approval and recording of a Final Plat.

5. Improvements before final plat approval. In cases where a Final Plat has not been approved, the Letter of Final Acceptance will indicate that the City's acceptance of the Public Facilities will occur concurrently with the approval and recording of a Final Plat.

6. Final plat approved with surety. In cases where a Final Plat has already been approved with an Improvement Agreement, then the Letter of Final Acceptance will indicate that the City's acceptance of the Public Facilities.

7. Meaning of acceptance. Acceptance of the Public Facilities means that the Subdivider has transferred all rights to all the Public Facilities to the City or the utility that owns the facility for title, use, and maintenance, unless otherwise provided for by Improvement Agreement.

8. Rejection. The City Engineer will reject Public Facilities that fail to comply with the City's standards and specifications. The City, at its discretion, may enforce the guarantee provided by agreement(s).

F. Disclaimer.

1. Approval of a Preliminary Plat or Final Plat, or approval of Subdivision Construction Plans by the City Engineer, do not constitute acceptance of any of the Public Facilities required to serve the Subdivision.

2. The City will not accept Public Facilities except in accordance with this subsection 2.4.5.

G. Maintenance bond.

1. Per requirements established and maintained by the City Engineer, the Subdivider will furnish Maintenance Bonds to the City for Public Facilities for a period of two (2) years from the date of acceptance (see subsection 2.4.5.E.4, Letter of Final Acceptance).

2. The Maintenance Bond must be executed by a corporate surety approved by the City in an amount equal to ten percent (10%) of the final project cost for a Maintenance Bond associated with a permanent erosion and sedimentation controls required to satisfy Nonpoint Source Pollution regulations and twenty-five percent (25%) of final project cost for a Maintenance Bond associated with all other Public Facilities, including but not limited to permanent Nonpoint source pollution infrastructure.

(Ordinance 475 adopted 6/28/22)