A.
Documents.
Design and construction of public works improvements must conform
to the standards, criteria, and requirements of the following, as
they may from time to time be amended by those responsible for their
promulgation:
1.
The Thoroughfare
Plan;
2.
The Texas
Manual on Uniform Traffic-Control Devices;
3.
The City
of Joshua Engineering EDSS and Specifications, as amended;
4.
The American
Association of State Highway and Transportation Officials Design Manual;
5.
The Texas
Health Code;
6.
The North
Central Texas Council of Governments - Public Works Construction Standards,
as applicable;
7.
All other
codes and ordinances of the City.
B.
Design Expiration.
If the construction of public works improvements is not completed
within three (3) years from the preliminary plat approval date, then
the infrastructure must be redesigned using the most current EDSS.
(Ordinance 797-2020 adopted 10/15/20)
An area retained in private ownership but intended for the benefit
of the owners of lots in the plat must be shown as a separate lot
and labeled as common area on the plat. A homeowners or property owners’
association which meets the requirements of Section 10.10.5 must be
approved for the area before the final plat is recorded.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
The layout design of a plat must take into consideration the
provision of adequate fire and police access.
B.
Water supply.
Provisions must be made for the extension of water lines and
the appropriate placement of fire hydrants as required by the fire
department before approval of the final plat. The developer of any
parcel under City jurisdiction is responsible to improve the water
system to meet current fire flow requirements as indicated by the
appropriate municipal water authority.
(Ordinance 797-2020 adopted 10/15/20)
A.
Deeds in
Escrow.
As a condition of final plat approval, the City
Council may require the property owner to deposit deeds in escrow
describing by metes and bounds street rights-of-way, park land and
easements required by these regulations, conveying such rights-of-way,
park land and easements to the City, pending acceptance of improvements
by the City and recordation of the final plat. In the event the property
owner fails to complete the public works improvements, and the improvements
are deemed necessary for the preservation of the public health and
safety, the City may compel the delivery and recording of the deeds
in order to complete the improvements as required.
B.
Installation
after Final Plat Approval.
The City Council on request
of the applicant may defer the obligation to install one or more public
improvements to serve the development until after final plat approval.
The request shall be submitted with an application for preliminary
approval. If the subdivider elects not to file for preliminary approval,
public works improvements shall be installed after approval of the
final plat. In either case, deferral of the obligation to install
public improvements shall be conditioned on execution of a development
agreement and sufficient surety to secure the obligations defined
in the agreement.
(Ordinance 797-2020 adopted 10/15/20)
Each non-residential development that has a refuse facility
or location for solid waste collection containers shall provide for
safe and convenient access.
(Ordinance 797-2020 adopted 10/15/20)
A.
Material.
All retaining walls shall be constructed of inorganic material
such as masonry, brick or stone. Timbers, railroad ties, or wood materials
are prohibited.
B.
Plans required.
Plans for a retaining wall must be reviewed and approved by
the City Engineer. The review shall verify the following:
1.
That the
retaining wall does not encroach on an adjoining property without
the consent of the adjoining owner;
2.
That the
wall is constructed of a permitted material; and
3.
The wall
in not constructed within a utility easement or without a written
waiver or consent from the utility company holding rights to the easement.
C.
Inspection
Required.
A final inspection will not be made until the
retaining wall is constructed, been inspected by the City and the
requirements of this Ordinance have been satisfied.
(Ordinance 797-2020 adopted 10/15/20)
A.
Performance
Bonds; Escrow Agreement.
If the developer requests that
building permits be issued for construction on lots within the development
prior to completion and acceptance of all public works improvements,
and the Administrative Official determines that permits should be
issued, the following requirements shall apply:
1.
A performance
bond meeting the requirements of Chapter 2253, Texas Government Code,
shall be provided in an amount of not less than the value of the public
works improvements, as determined by the City Engineer, to insure
completion of all improvements; or
2.
If the
cost of completing the public works improvements at the time the building
permits are requested is one hundred thousand dollars ($100,000.00)
or less, as determined by the City Engineer, cash representing the
amount of the cost of completing the improvements, as determined by
the City Engineer, may be deposited with a bank as escrow agent pursuant
to an escrow agreement, the form and provisions thereof to be approved
by the City Attorney, to insure completion of the improvement.
B.
Model Home.
The Administrative Official may authorize construction of a
model home in a subdivision without completion of the public works
improvements. The model home shall not be conveyed to a private property
owner until the public works improvements have been accepted by the
City Engineer on behalf of the City.
C.
Payment
Bond; Assurance of Payment.
Prior to acceptance by the
City of any improvements, the developer shall provide one of the following
assurances:
1.
A payment
bond meeting the requirements of Chapter 2253, Texas Government Code,
in an amount of not less than one hundred percent (100%) of the approximate
total cost of the contract, guaranteeing the full and proper protection
of all claimants supplying labor and material for the construction
of the improvements, in a form approved by the City and by a surety
authorized to do business in Texas; or
2.
If the
total contract amount of all public works improvements is fifty thousand
($50,000.00) dollars or less, as determined by the City Engineer,
or the improvements, regardless of the contract amount, are for a
one-lot development, the owner and contractor may, in lieu of furnishing
a payment bond, agree to pay and satisfy all claims, liens, charges
and encumbrances arising from construction of the public works improvements
and furnish a written affidavit signed by the developer, in a form
provided by the City Attorney, stating the following:
D.
Amount and
Acceptability.
The security shall be issued in the amount
of one hundred percent (100%) of the cost estimate approved by the
City Engineer for all public improvements associated with the subdivision.
The bonds must be issued by a Best-rated surety company that is duly
authorized to transact business in the State of Texas; however, the
City retains the right to reject any surety company regardless of
such company’s qualifications or authorization to do business
in Texas if the company does not have a resident agent and/or surety
does not meet the requirements of Art. 7.19-1 of the Texas Insurance
Code. The security shall be subject to the approval of the City Attorney.
(Ordinance 797-2020 adopted 10/15/20)
A.
Maintenance
During Construction.
The property owner shall maintain
all required public works improvements during construction of the
development.
B.
Warranty
after Construction.
The developer shall covenant to warranty
the required public works improvements for a period of two (2) years
following issuance of a letter of acceptance by the City of all required
public improvements and shall provide a maintenance bond in the amount
of the cost to construct the improvements guaranteeing the maintenance
and good condition of the improvements insuring the repair and replacement
of all defective work due to faulty materials and workmanship that
appear within a period of two (2) years from the date of acceptance
of the improvements by the City. The bonds must be issued by a Best-rated
surety company that meets the requirements of Section 10.6.7.D.
(Ordinance 797-2020 adopted 10/15/20)
A.
Inspections.
Inspection during construction shall be supervised by the City
Engineer. Construction shall be in accordance with the approved construction
plans. Any significant change to a public improvement required during
construction shall be designed by the subdivider’s engineer
and shall be subject to approval by the City Engineer. If the City
Engineer finds upon inspection that any of the required public works
improvements have not been constructed properly and in accordance
with the approved construction plans, the property owner shall be
responsible for completing and/or correcting the public improvements.
B.
Fees.
The developer shall submit a fee determined by the City as a
percentage of the costs of the public works improvements to reimburse
the City its administrative costs, inspection, and review fees. Fees
shall be based on an opinion of probable cost prepared by the developer’s
engineer and reviewed and accepted by the Administrative Official.
C.
Submission
of Record Drawings.
The City shall not accept dedication
of any required public improvements until the applicant’s engineer
has certified to the City Engineer, through submission of a detailed
record drawing or survey plat of the property and any off-site easements,
the location, dimensions, materials, and other information establishing
that the public improvements have been built in accordance with the
approved construction plans. Each record drawing sheet shall show
all changes made in the plans during construction and on each sheet,
there shall be an as-built stamp bearing the signature of the engineer
and date. Required formats include:
D.
Acceptance
of Improvements.
Upon completion of the public works
improvements in the development, the subdivider’s engineer shall
certify to the City that the public works improvements have been completed
in accordance with the plans and applicable ordinances, the City Engineer
shall determine whether the public improvements have been installed
in accordance with the approved construction plans and EDSS and applicable
ordinances. If so, the City Engineer shall accept such improvements
on behalf of the City. Acceptance of the improvements shall mean that
the property owner has transferred all rights to all the public works
improvements to the City for use and maintenance. The City Engineer
may accept dedication of a portion of the required public works improvements,
provided adequate surety has been given for the completion of all
of the other improvements. Upon acceptance of the required public
improvements, the City Engineer shall issue a certificate to the property
owner stating that all required public improvements have been accepted
by the City.
E.
Disclaimer.
Approval of a preliminary or final plat by the City Council
shall not constitute acceptance of any of the public improvements
required to serve the subdivision. No public improvements shall be
accepted for dedication by the City except in accordance with this
Section.
F.
Acceptance
of Improvements for Land in Extraterritorial Jurisdiction.
Where the facilities to be constructed under the development agreement
are located within the City’s extraterritorial jurisdiction
and are to be dedicated to the County in which the land is located,
the City Engineer shall inform the county that the public improvements
have been constructed in accordance with approved construction plans
and are ready for acceptance by the County.
(Ordinance 797-2020 adopted 10/15/20)
