(a) Engineering requirements.
(1) Approved preliminary plat required.
An approved preliminary
plat is required prior to submitting an application for site development
which is available from the department of building and development.
Engineering plans and construction documents will be considered concurrently
with the final plat process.
(2) Engineering plans and documents.
(A)
Complete application required.
An applicant must submit the completed application form, fee, engineering/construction documents prepared in accordance with applicable city regulations and appendix
B, Design Criteria and Construction Standards, and additional documents, if required, by the city manager and/or designee.
(B)
Engineering plans/construction documents.
Requirements
for complete submittal are available on the appropriate application
available online at
www.lakeworthtx.org or at city hall.
(C)
Cost estimates.
Itemized cost estimates for public
infrastructure facilities required.
(D)
Development agreement.
An applicant must submit
an executed copy of the applicable agreement required and as approved
by city council.
(E)
Rough proportionality determination,
if applicable,
made by city manager and/or designee.
(F)
Off-site easements and dedications.
(i)
The city will advise a subdivider of any potential on-site or
off-site requirement for oversized improvements. The city may participate
in the cost of any improvements required to serve land areas and improvements
outside the subdivision, including oversized utility lines.
(ii)
All necessary off-site easements and dedications required for
city-maintained facilities and not shown on the plat must be conveyed
solely to the city prior to submitting an application for a site development,
such as by filing of a separate instrument, with the proper signatures
affixed. The original of the documents and the appropriate fees for
filing the documents at the county (per Tarrant County requirements
and the city submission guidelines, as may be amended from time to
time) shall be returned to the city secretary prior to approval and
release of the engineering plans.
(b) Pre-construction procedures.
(1) Building and construction permit(s).
Approved engineering
plans, associated documents, and the applicable permit application(s)
are required prior to the start of any construction on site and/or
any development that requires floodplain management, erosion control,
storm drainage, grading, and/or vegetation or tree removal.
(2) Final plans.
The developer shall submit the final-approved
engineering plans prior to construction, as follows:
(A) Three (3) full-size set of plans;
(B) Half-size set(s), as requested; and
(C) One (1) electronic version.
(3) Inspection fees.
Payment of the inspection fees as specified
and approved by the city council are required prior to scheduling
the required pre-construction conference.
(4) Pre-construction conference.
All contractors participating
in the construction shall be presented with a set of approved plans
bearing the stamp of release of the city manager and/or designee,
as appropriate. At least one (1) set of these plans shall remain on
the job site at all times.
(c) Expiration after city approval.
Approved construction
plans shall be valid for a period of 12 months after approval by the
applicable approving authority - director of building and development
services and the city engineer. A one-time, 6-month extension may
be granted by the above prior to the date of expiration. Submit the
request for extension 60 days prior to expiration.
(d) Guarantee of public improvements.
(1) Development agreement.
(A) The subdivider/developer shall guarantee the public improvements
will be constructed by executing the applicable development agreement,
as specified by the city manager and/or designee.
(B) The city manager and/or designee may approve the applicable development
agreement when the total project cost is less than $25,000.00.
(2) Guarantee.
(A) The developer shall guarantee 125 percent of the estimated developer’s
share of the cost of the required public improvements by one of the
methods discussed herein.
(B) The developer shall provide a guarantee for maintenance for a period of two (2) years in the amount of 125 percent of the actual cost of the required public improvements by one (1) of the methods discussed herein and as specified in appendix
B, Design Criteria and Construction Standards.
(C) Where city participation is necessary or agreed upon, the developer
shall guarantee 100 percent (100%) of the estimated city’s share
of the cost of the required public improvements by one (1) of the
methods discussed herein.
(3) The developer shall furnish a financial guarantee in one (1) of the
following ways:
(A)
Payment and performance bond.
(i)
Furnish the city with a performance and payment bond executed
by a surety company authorized to do business in the State of Texas.
(ii)
The bonds shall be subject to the approval of the city attorney
and must be executed by a corporate surety in conformance with Texas
law; or
(B)
Escrow or interest-bearing account.
(i)
Assign an interest-bearing account, with a financial institution
which is insured by the Federal Deposit Insurance Corporation or Federal
Savings and Loan Insurance Corporation, in an amount equal to the
percentage discussed below.
(ii)
If an interest-bearing account is utilized, the developer shall
execute three (3) copies of a letter, approved by the city attorney,
assigning the account to the city and authorizing the city to withdraw
funds and requiring authorization by the city before the developer
may withdraw funds.
(iii)
Any arrangement involving an interest-bearing account shall
be accepted in writing by the financial institution.
(C)
Letter of credit.
Deposit a certified check, irrevocable
letter of credit or cash with the city in an amount equal to the percentage
as discussed herein.
(e) Inspection during construction of improvements.
(1) Periodic construction inspections, as required, shall be conducted
by the city manager or designee. Said inspections shall ensure that
construction is in accordance with the approved engineering plans.
(2) Upon completion of each inspection, a written report shall be forwarded
to the city manager that fully documents the inspection conducted,
the tests completed, specific items that are in compliance or noncompliance,
actions that must be taken to bring the construction into compliance,
and any other information required by the city engineer. The city
may either require reinspection or conduct its own independent inspection
as required by the city manager or designee.
(3) The city will not deem required public improvements satisfactorily
completed until the applicant’s engineer or surveyor provides
certification to the city manager or designee by submittal of detailed
sealed as-built drawings which indicate all public improvements and
their locations, dimensions, materials and other information required
by the city engineer, and until all required public improvements have
been completed in accordance with approved plans.
(f) Improvements required prior to acceptance.
(1) Provision of the following improvements, as applicable, designed and constructed in accordance with the regulations herein and with appendix
B, Design Criteria and Construction Standards, are required prior to acceptance by the city into its public infrastructure system:
(H) Traffic-control signs; and
(I) Utility, water and wastewater, and storm drainage facilities.
(2) Provision of maintenance guarantee.
The subdivider/developer
shall guarantee the required improvements will be maintained for a
2-year period by providing the following as specified in the regulations
herein and/or by the city manager and/or designee:
(A) Applicable development agreement with the city designated as the
beneficiary; and
(B) Acceptable form of financial guarantee as outlined in the regulations herein and in appendix
B, Design Criteria and Construction Standards.
(g) Acceptance of improvements.
(1) The city shall inspect the installation of all required improvements
to insure compliance with city requirements and the approved engineering
plans and/or construction documents.
(2) When all required improvements have been satisfactorily completed,
the city shall either accept, in writing, the improvements as having
been satisfactorily completed, or shall issue a punch list to the
developer denoting items remaining to be completed.
(3) The city shall not accept dedications of required improvements nor
release a performance bond or other guarantee, until:
(A) All improvements have been satisfactorily completed in compliance
with the approved plans;
(B) Approved “as-built” plans have been submitted to and
accepted by the city;
(C) The required maintenance guarantee surety as specified in the design
criteria and construction details has been provided;
(D) Receipt of affidavit of payment, as required by city manager and/or
designee; and
(E) Any and all other requirements identified in this chapter or other
city codes and ordinances have been satisfied.
(4) Acceptance of the development shall mean that the developer transfers
all rights to all the public improvements to the city for use and
maintenance.
(5) Upon acceptance of the required public improvements, the city manager
and/or designee shall submit a certificate to the developer stating
that all required public improvements have been satisfactorily completed.
(h) Withholding services and/or improvements.
Until the
subdivision construction is accepted, the city will withhold all city
services and/or improvements of whatsoever nature, including the maintenance
of streets, the furnishing of water, wastewater service and electric
service.
(i) Building permit.
(1) Building permit required.
No building permit may be
issued for any building or structure on a newly subdivided parcel
of land until all the requirements of these subdivision regulations
have been met and public improvements have been installed and accepted,
including filing of final plat and all water, wastewater, storm drainage,
sidewalks and street improvements.
(2) Exception.
(A) With the approval of the development review committee, the building
official may release building permits for up to 10 percent of the
lots within the subdivision and/or development, provided that all
public improvements and utilities relating to said land are complete.
(B) Final inspections or certificates of occupancy will not be issued
until final acceptance of the subdivision and the public improvements,
and the filing of the final plat.
(j) Final acceptance - New subdivisions.
(1) When installation of the street, alley, storm drainage, water and
wastewater improvements provided by the developer have been completely
performed on the part of the contractor, the contractor shall notify
the city that the improvements are ready for final inspection.
(2) If the work is satisfactory and in accordance with the approved final
construction plans, then the city will issue a letter of acceptance
to the developer with a copy to the contractor.
(3) No certificate of occupancy shall be issued by the city nor shall
any permanent utility services be granted to the site unless all final
inspections have been completed, the “Letter of Acceptance”
has been written, and any required maintenance bond has been filed
with the city.
(4) The city may, at its sole discretion, disconnect any utility services
until the requirements of this chapter have been met.
(Ordinance 1170, sec. 10.401, adopted 11/12/19)
City policy regarding the minimum design and construction requirements for public infrastructure installed with development is specified herein. Both the regulations herein and appendix
B, Design Criteria and Construction Standards are intended to be used for design of the subdivision and public improvements.
(1) Basis for standards.
(A) Minimum design standards.
The design standards established
herein for development are in support of the comprehensive plan and
master thoroughfare plan.
(B) Appendix
B, Design Criteria and Construction Standards.
(i) Design standards and technical standard details are specified in
the appendix, as adopted by city council (Ordinance No. __________).
(ii)
Amendments to appendix
A, Concept Plan and Plat Requirements [Plan and Plat Requirements], and appendix
B, Design Criteria and Construction Standards may be considered at a regular meeting of the city council.
(2) Minimum standards.
It is the intent of these regulations
that no development occurs until and unless these minimum levels of
service and/or standards are met. Therefore, each subdivision in the
city shall be required to dedicate, construct and/or upgrade required
facilities and infrastructure to a capacity that meets these minimum
levels.
(A) Conform with adopted plans.
The minimum standards herein
support the vision of the adopted comprehensive plan, master thoroughfare
plan, and/or other adopted city plans, as provided by the city manager
and/or designee.
(B) Minimum level of service.
Certain minimum requirements
and sizes for utilities, roadways, and other facilities are specified
that have been determined by the city council to be necessary in order
to protect or promote the public health, safety.
(C) Minimum standards for public infrastructure.
These minimum
standards take into consideration the soil conditions and topographic
configuration of the city, the use and impact analyses of the North
Central Texas Council of Governments in developing standard specifications
for public works installation, and other historical use and performance
metrics associated with public infrastructure within the city.
(3) Dedication required.
The city may require the dedication
of easements and rights-of-way for or construction of on-site or off-site
public improvements and facilities to serve a proposed subdivision.
(4) Adequacy of public facilities.
(A) Every subdivision of land shall be adequately served by improved
streets, water and wastewater facilities.
(B) If adequate levels of public facilities and services cannot be provided
concurrent with the schedule of development proposed, the city may
deny the subdivision until the public facilities and services can
be provided or may require that the development be phased so that
the availability and delivery of facilities and services coincides
with the demands for the facilities created by the development.
(5) Additional requirements.
Whenever the city council determines that levels of service in excess of these minimum standards are necessary in order to promote the orderly development of the city, the owner shall qualify for reimbursement for any costs in excess of the minimum levels of service through city participation, to the extent funds are available through the determination of proportionality outlined in article
10.03 or other means adopted by the city.
(Ordinance 1170, sec. 10.402, adopted 11/12/19)
(a) Generally.
The minimum criteria for the physical improvement
of each site is established to provide safe, orderly and sustainable
growth.
(b) Site grading.
The building pad and foundation elevation
shall be graded to the most recent city adopted building code standards
and conform with applicable restrictions in the floodplain.
(c) Restrictions in the floodplain.
Site design shall conform to the regulations in article
3.09 of the city Code of Ordinances and in appendix
B, Design Criteria and Construction Standards.
(d) Monuments and markers.
(1) Permanent survey markers.
All boundary corners, block
corners, etc., as established in the process of creating a subdivision
plat shall comply with the Texas Board of Professional Land Surveying
Practices Act and General Rules of Procedures and Practices ([22 Texas
Administrative Code section] 663.17, Monumentation).
(e) Easements.
(1) Easements shall be provided on final plat and coordinated with the construction plans (refer to appendix
B, Design Criteria and Construction Standards), and may include, but are not limited to the following types of easements:
(2) Unless by agreement approved by the city council, no building or
structure shall be constructed over or into an easement. If any building,
structure or physical improvement is within an easement, it shall
be the sole responsibility of the property owner to remove or abate
the obstruction immediately at their sole cost.
(Ordinance 1170, sec. 10.403, adopted 11/12/19)
(a) Generally.
The minimum criteria for the design of each
new subdivision is established to promote access and connectivity
and sustain community character.
(b) Lots.
The size, shape and orientation of lots shall
be appropriate to the type and location of the proposed development.
(c) Building lines.
Building lines for each lot shall be shown on the final plat and shall be consistent with the development standards specified in chapter
14, Zoning in the Lake Worth Code of Ordinances and in appendix
B, Design Criteria and Construction Standards.
(d) Blocks.
Generally, the length, width, and shapes of
blocks shall:
(1) Conform to the zoning requirements for lot size, setbacks and lot
dimensions;
(2) Provide an adequate building site suitable for the type of use;
(3) Address site specific topographic conditions, and
(4) Provide access, circulation, and control and safety of street traffic.
(e) Access.
Provide vehicular and pedestrian access in accordance with appendix
B, Design Criteria and Construction Standards.
(f) Access management.
Joint and cross access easements/agreements promote connections between existing and new development and manages traffic flow between businesses along a corridor. The intent of the joint-access and cross-access provisions is to limit access connections to arterials and collectors and to help meet the spacing guidelines between driveways in accordance with the adopted appendix
B, Design Criteria and Construction Standards.
(g) Driveways.
Driveway design shall conform to appendix
B, Design Criteria and Construction Standards.
(h) Parking.
(1) Required to be on-site.
All parking shall be off-street, meaning that all vehicle maneuvering is done on the subject parcel and not in the street right-of-way. Refer to appendix
B, Design Criteria and Construction Standards.
(2) Conformance with zoning ordinance required.
Location and number of required parking spaces must conform to chapter
14, Zoning of the Lake Worth Code of Ordinances.
(i) Planned development.
All proposed planned developments shall comply with the provisions relating thereto and contained within chapter
14, Zoning of the Lake Worth Code of Ordinances. All streets not dedicated to the public shall be constructed in accordance with appendix
B, Design Criteria and Construction Standards, and shall be maintained by means of the property owner(s) or other means as approved by the planning and zoning commission.
(Ordinance 1170, sec. 10.404, adopted 11/12/19)
(a) Generally.
All public facilities shall be designed and
constructed in accordance with the most current adopted city regulations,
technical specifications and standard details. Public facilities typically
located within the public right-of-way include sidewalks, driveways,
streetlights, street signs, streets and alleys.
(b) Sidewalks.
(1) Purpose.
Proposed sidewalks shall provide safe and convenient
pedestrian circulation and shall be properly related to the comprehensive
plan and the master thoroughfare plan.
(2) General provisions.
(A) Sidewalks shall be constructed for all lots adjoining dedicated streets,
along major thoroughfares where lots do not adjoin the street, across
power line easements, and in other areas where pedestrian walkways
are necessary.
(B) Every new subdivision, or re-subdivision, shall be required to install
sidewalks, with appropriate barrier-free ramps, within the public
street right-of-way.
(i)
All sidewalks shall conform to the latest ADA and Texas Accessibility
Standards (TAS) requirements.
(ii)
Barrier-free ramps shall be provided for access across streets per appendix
B, Design Criteria and Construction Standards.
(C) Sidewalk construction may be delayed until development of lots but
must be constructed for each lot prior to completion of any primary
structure. In locations not adjacent to lots and across bridges and
culverts, the sidewalk shall be constructed with the other improvements
to the subdivision.
(3) Required for certificate of occupancy.
The city may
withhold a certificate of occupancy for a commercial use and final
inspection approval for a residential structure if sidewalks are not
properly installed, inspected and accepted by the city manager and/or
designee.
(c) Streetlights.
A street lighting plan shall be required by the city as a part of the plat application process. Streetlight design shall conform to appendix
B, Design Criteria and Construction Standards.
(d) Street names and signs.
(1) Street names.
(A) New street names shall not duplicate or cause confusion with the
names of existing streets.
(B) New streets which are an extension of existing streets shall bear
the names of existing streets.
(2) Street name signs shall be city approved and furnished and installed by the subdivider/developer for all intersections within or abutting the subdivision and shall be designed and constructed in accordance with city requirements and appendix
B, Design Criteria and Construction Standards.
(e) Traffic-control signs.
Install the appropriate type and number of traffic-control signs, as specified in appendix
B, Design Criteria and Construction Standards, to promote vehicular and pedestrian safety.
(f) Streets.
(1) Purpose.
Proposed streets shall provide a safe, convenient
and functional system for vehicular, bicycle, and pedestrian circulation
and shall be properly related to the master thoroughfare plan and/or
comprehensive plan, and shall be appropriate for the particular traffic
characteristics of each proposed subdivision or development.
(2) Conform to master thoroughfare plan.
Proposed streets
shall provide a safe, convenient and functional system for traffic
circulation; shall be properly related to the adopted master thoroughfare
plan, road classification system, comprehensive plan and any amendments
thereto; and shall be appropriate for the particular traffic characteristics
of each development.
(A) The arrangement, character, extent and location of all streets shall
be considered in their relation to:
(i)
Existing and planned streets or driveways;
(ii)
Topographical conditions;
(v)
Existing and planned land use(s).
(B)
Amendment required.
Any land study or subdivision
plat involving a change to a proposed alignment shown on the master
thoroughfare plan must be approved through the amendment process.
(C) When a street is not shown on the master thoroughfare plan, the arrangement
of streets in a subdivision shall:
(i)
Provide for continuation or appropriate projection of existing
streets in surrounding areas;
(ii)
Conform to a plan for the neighborhood approved or adopted by
the city to meet a particular situation where topographical or other
conditions make continuance or conformity to existing streets impracticable;
(iii)
Provide for future access to adjacent vacant areas which will
likely develop under a similar zoning classification;
(iv)
Not conflict in any way with existing or proposed driveway openings;
(v)
Allow for the appropriate dedication and/or improvement on each
plat application to meet the minimum street construction and right-of-way
standards.
(3) Responsibility.
The property owner shall assure that
the subdivision is adequately served by improved streets and thoroughfares
and shall be responsible for the costs of rights-of-way and street
improvements, in accordance with the following policies and standards,
and may be required to participate in the cost of provision of oversized
facilities.
(g) Pavement types and markings.
(1) Pavement construction standards shall comply with appendix
B, Design Criteria and Construction Standards.
(2) Pavement markings.
Pavement markings shall conform to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and appendix
B, Design Criteria and Construction Standards.
(Ordinance 1170, sec. 10.405, adopted 11/12/19)
(a) Generally.
(1) All subdivision plats and engineering plans shall provide location and design of public utilities prepared in accordance to franchise requirements and appendix
B, Design Criteria and Construction Standards.
(2) All distribution lines, cables, etc., for utilities other than those
specified below shall be installed below ground within the subdivision.
(3) Transmission lines or major cables to provide utilities such as electric,
telephone, and cable television to the area as a whole may be located
above ground on the perimeter of the subdivision being served. The
installation of these utilities shall conform to commonly accepted
construction standards and be subject to review by the city manager
and/or designee.
(b) Utility services.
(1) Design and location.
Utility services, such as electrical,
gas, telephone, and cable TV utility lines shall be shown on the final
plat and the engineering plans.
(2) Review.
All easements shown on the final plat will be
reviewed by both the utility companies and the city prior to granting
final approval for all residential subdivisions affected by this section.
(3) Approval.
Acceptance of easement locations and widths
shall be provided prior to final plat approval.
(4) Nothing in this section shall be construed to require any existing
facilities in place prior to the effective date of this section to
be placed underground.
(c) Electric, telephone and cable services.
(1) Utility lines for electric service, telephone service and cable television
service shall be installed underground in any new subdivision platted
after approval of this chapter.
(2) Service to all streetlight poles shall be underground.
(d) Water and wastewater facilities.
(1) Design.
Water and wastewater facilities shall be shown
on the engineering plans.
(2) Review.
Easements for water and wastewater facilities
shown on the final plat will be reviewed by prior to granting approval
of the final plat and/or engineering plans.
(3) Approval.
(A) Acceptance of easement locations and widths shall be provided prior
to final plat approval.
(B) Acceptance of installed facilities shall be provided prior to filing
of the final plat.
(4) Extension of all utilities shall be as follows:
(A) When adjacent to an existing subdivision, the utilities shall extend
along the entire frontage of the subdivision adjacent to the street
or thoroughfare.
(B) If the subdivision is not adjacent to a thoroughfare, the extension
of utilities shall be accomplished in a manner to allow future connection
to new subdivisions. If new subdivisions will never be constructed
beyond a developing subdivision due to physical constraints, the city
manager and/or designee may waive the requirement for adjacent utility
line construction.
(e) Storm drainage facilities.
(1) Design and location.
Storm drainage improvements shall be designed in accordance with chapter
14, Zoning of the Lake Worth Code of Ordinances, the comprehensive plan and appendix
B, Design Criteria and Construction Standards, and for the ultimate development of the area within the watershed, whether inside or outside the subdivision or addition, since the runoff tends to increase in direct proportion to the amount of impervious area such as sidewalks, pavements, buildings, etc.
(2) Review.
Easements for storm drainage facilities shown
on the final plat will be reviewed by prior to granting approval of
the final plat and/or engineering plans.
(3) Approval.
(A) Acceptance of easement locations and widths shall be provided prior
to final plat approval.
(B) Acceptance of installed facilities shall be provided prior to filing
of the final plat.
APPENDIX A. PLAN AND PLAT REQUIREMENTS
Editor’s note–Appendix
A is not provided herein but is maintained on file in the offices of the city.
APPENDIX B. DESIGN CRITERIA AND CONSTRUCTION STANDARDS
Editor’s note–Appendix
B is not provided herein but is maintained on file in the offices of the city.
(Ordinance 1170, sec. 10.406, adopted 11/12/19)