A.
Completion
of Improvements:
Before the final subdivision plat is
signed by the City, all applicants shall be required to complete,
in accordance with the approved construction drawings and to the satisfaction
of the City Engineer, all the street, sanitary and other public improvements,
including lot improvements on the individual lots of the subdivision,
as required in these regulations, specified in the final plat and
as approved by the Commission, and to dedicate those public improvements
to the City of Wilmer, free and clear of all liens and encumbrances
on the dedicated property and public improvements.
B.
Subdivision
Improvement Agreement and Guarantee:
1.
Agreement:
The City Council in its sole discretion may waive the requirement
that the applicant complete and dedicate all public improvements prior
to the signing of the final plat and, as an alternative, permit the
applicant to enter into a subdivision improvement agreement by which
the subdivider covenants to complete all required public improvements
no later than two (2) years following the date of the approval of
the improvement agreement. The applicant shall covenant to maintain
each required public improvement for a period of one (1) year following
the acceptance by the Governing Body of the dedication of that completed
public improvement. In addition, the covenant shall warrant that all
required public improvements will be free from defect for a period
of two (2) years following the acceptance by the City Council of the
last completed public improvement. The subdivision improvement agreement
shall contain such other terms and conditions agreed to by the applicant
and the City Council.
2.
Covenants
to Run:
The subdivision improvement agreement shall provide
that the covenants contained in the agreement shall run with the land
and bind all successors, heirs, and assignees of the subdivider. The
subdivision improvement agreement will be adopted by the City Council
and shall be recorded in the Office of Dallas County.
3.
Security:
Whenever the Governing Body permits an applicant to enter into
a subdivision improvement agreement, it shall require the applicant
to provide a cash escrow as security for the promises contained in
the subdivision improvement agreement. The security shall be in an
amount equal to one hundred fifty percent (150%) of the estimated
cost of completion of the required public improvements, including
lot improvements. The escrow agent shall be acceptable to the City
Council.
a.
Cash
Escrow:
The escrow instructions shall provide: (1) that
the subdivider will have no right to a return of any of the funds
except as approved by City Council; and (2) that the escrow agent
shall have a legal duty to deliver the funds to the city whenever
the City Attorney presents an affidavit to the agent attesting to
the city’s right to receive funds whether or not the subdivider
protests that right.
b.
If and
when the Governing Body accepts the offer of dedication for the last
completed required public improvement, the City Council shall execute
a waiver of its right to receive all but twenty-five percent (25%)
of the funds represented by the cash escrow if the subdivider is not
in breach of the subdivision improvement agreement. The residual funds
shall be security for the subdivider’s covenant to maintain
the required public improvements and its warranty that the improvements
are free from defect.
C.
Temporary
Improvement:
The applicant shall build and pay for all
costs of temporary improvements required by the Commission and shall
maintain those temporary improvements for the period specified by
these regulations. Prior to construction of any temporary facility
or improvement, the developer shall file with the City Council a separate
subdivision improvement agreement and cash escrow in an appropriate
amount for temporary facilities, which agreement and escrow shall
ensure that the temporary facilities will be properly constructed,
maintained, and removed.
D.
Costs of
Improvements:
All required improvements shall be made
by the developer, at its expense, without reimbursement by the local
government or any improvement district except that, as is allowed
under state law, the developer may form or cause to be formed a benefit
district or districts to construct and finance the construction of
required public improvements excluding lot improvements on individual
lots. If the subdivider does form or cause to be formed a benefit
district for the purposes identified in this section, the Governing
Body shall not release the subdivider from its obligations under any
improvement agreement nor shall the City Council release any security,
in whole or in part, until the benefit district has sold bonds or
otherwise certifies to the Governing Body that it has an absolute
right to raise revenues sufficient to construct, maintain, and warrant
the quality of the required public improvements.
E.
Governmental
Agencies:
Governmental agencies to which these contract
and security provisions apply may file, in lieu of the contract and
security, a certified resolution or ordinance from officers or agencies
authorized to act in their behalf, agreeing to comply with the provisions
of this Article.
F.
Failure
to Complete Improvement:
For subdivisions for which no subdivision improvement agreement has
been executed and no security has been posted, if the improvements
are not completed within one year of the date of approval of the Final
Plat, the Final Plat approval shall be deemed to have expired. In
those cases where a improvement agreement has been executed and security
has been posted and required public improvements have not been installed
within the terms of the agreement, the City Council may then:
(1)
declare
the agreement to be in default and require that all the improvements
be installed regardless of the extent of the building development
at the time the agreement is declared to be in default;
(2)
suspend
final plat approval until the improvements are completed and record
a document to that effect for the purpose of public notice;
(3)
obtain
funds under the security and complete improvements itself or through
a third party;
(4)
assign
its right to receive funds under the security to any third party,
including a subsequent owner of the subdivision for which improvements
were not constructed, in whole or in part, in exchange for that subsequent
owner’s promise to complete improvements in the subdivision;
(5)
exercise
any other rights available under the law.
G.
Acceptance
of Dedication Offers:
Acceptance of formal offers of
dedication of streets, public areas, easements, and parks shall be
by ordinance of the Governing Body. The approval of a subdivision
plat by the Commission, whether preliminary or final, shall not be
deemed to constitute or imply the acceptance by the municipality of
any street, easement, or park shown on plat.
(Ordinance 09-0604 adopted 6/4/09)
A.
The City
Council may defer public improvements, subject to appropriate conditions,
when in its judgment, such improvements are not requisite in the interests
of the public health, safety, and general welfare or that is inappropriate
because of the inadequacy or inexistence of connecting facilities.
Any determination to defer the provision of any public improvement
must be made on the record and the reasons for the deferral or waiver
also shall be expressly made on the record.
B.
Whenever
it is deemed necessary by the Governing Body to defer the construction
of any improvement required under these regulations because of incompatible
grades, future planning, inadequate or nonexistent connecting facilities,
or for other reasons, the subdivider shall pay his share of the costs
of the future improvements to the City prior to signing of the final
subdivision plat by the Mayor. As an alternative the City Council
may accept a separate improvement agreement secured by a letter of
credit guaranteeing completion of the deferred improvements as specified
by the Governing Body.
C.
In addition
to the providing financial assurance for the future completion of
deferred improvements, the subdivider shall submit a covenant of non-opposition
to the future construction of the deferred improvements. Such covenant
shall run with the land and bind all successors, heirs, and assignees
of the subdivider.
(Ordinance 09-0604 adopted 6/4/09)
A.
General
Procedure and Fees:
All improvements constructed or erected
shall be subject to inspection by the City Engineer or the Office
of the Building Inspector. The cost attributable to all inspections
shall be charged to and paid by the subdivider. Fees shall be due
and payable upon demand of the City and no building permits or certificates
of occupancy shall be issued until all fees are paid. The subdivider
shall give at least forty-eight (48) hours’ written notification
to the inspector prior to the performance of any work.
B.
Inspection
Procedure:
After proper notice is received, the City
Inspector shall conduct an on-site inspection to determine that the
work complies with the approved construction drawings and specifications.
If the said inspector determines that such work does not comply with
the approved construction drawings and specifications, said inspector
shall so notify the subdivider, and may require the subdivider to
terminate all further work until necessary steps are taken to correct
any defect, deficiency, or deviation to the satisfaction of said inspector.
Upon the correction of such defect, deficiency, or deviation, the
subdivider shall notify the inspector for a reinspection.
C.
Final Inspection:
Upon completion of all improvements within the area covered
by the final plat, the applicant shall notify the City Inspector who
shall thereupon conduct a final inspection of all improvements installed.
D.
As-Built
Drawings:
Before acceptance of any public improvement
project, the applicant shall provide the City Inspector with one original
set on mylar, one copy of the original set, and an electronic copy
of the as-built drawings. Electronic copies shall be in a format compatible
with the City’s designated software.
The drawings must include results of a post-construction survey.
The post-construction survey shall include, but shall not be limited
to, the following:
1.
Elevation
of all structures, including sanitary sewer manholes, storm sewer
inlets, pipe inverts, and structure top elevations;
2.
Final
adjusted stationing of all structures, including but not limited to
valves, hydrants, and blow-off assemblies; and
3.
Final
adjusted contours as featured in the grading and drainage plans.
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The as-built drawings must include a signed Engineer’s
Certification stating that the drawings are as-built and conform to
construction records and post-construction survey information.
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E.
Formal
Acceptance and Release or Reduction of Security:
1.
Certificate
of Satisfactory Completion:
The City Council will not
accept dedication of required improvements, nor release nor reduce
the amount of any security posted by the subdivider until the City
Engineer has submitted a certificate stating that all required improvements
have been satisfactorily completed and until (1) the applicant’s
engineer or surveyor has certified to the City Engineer, through submission
of a detailed “as-built” drawing as required by Section
5.03D [Section 6.03D], that the layout of the line and grade of all
public improvements is in accordance with construction drawings for
the subdivision, and (2) a title insurance policy has been furnished
to and approved by [the] City Attorney indicating that the improvements
have been completed, are ready for dedication to the local government,
and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation by the City Engineer and
City Attorney, the Governing Body shall thereafter accept the improvements
for dedication. The City Council shall so notify the subdivider in
writing, the final plat shall be signed by the Mayor, and after payment
of all fees required, the subdivider may file the subdivision with
Dallas County.
2.
Reduction
of Escrowed Funds and Security:
The amount of the escrow
shall be reduced upon actual acceptance of the dedication of public
improvements and then only to the ratio that the cost of the public
improvement for which dedication was accepted bears to the total cost
of public improvements for the subdivision. In no event shall a cash
escrow be reduced below twenty-five percent (25%) of the principal
amount. Funds held in the escrow account shall not be released to
the subdivider, in whole or in part, except upon express written instructions
of the City Council. At the end of the maintenance and warranty periods,
all escrowed funds, if any, shall be released to the subdivider.
(Ordinance 09-0604 adopted 6/4/09)
The developer shall be required to maintain all required public
improvements on the individual subdivided lots and provide for snow
removal on streets and sidewalks until acceptance of the improvements
by the Governing Body. If there are any certificates of occupancy
on a street not dedicated to the City, the City may on twelve (12)
hours’ notice plow the street or effect emergency repairs and
charge those costs to the developer. Following the acceptance of the
dedication of any public improvement, the City Council may, in its
sole discretion require the subdivider to maintain the improvement
for a period of one (1) year from the date of acceptance.
(Ordinance 09-0604 adopted 6/4/09)
A.
Building
Permits:
Unless the required improvements have been installed
and accepted by the Governing Body or guaranteed according to Section
6.01 for a lot or tract, no building permits shall be issued for that
lot or tract.
B.
Occupancy
Permits:
No occupancy permit shall be issued until all
improvements have been installed and accepted by the City Council.
(Ordinance 09-0604 adopted 6/4/09)
A.
Acceptance
of Escrow Funds:
Whenever, by reason of a period of inclement
weather or the season of the year, any improvements required by the
subdivision regulations cannot be performed, the Building Inspector
may issue a certificate of occupancy, provided there is no danger
to health, safety, or general welfare upon accepting a cash escrow
deposit in an amount equal to one hundred fifty percent (150%) of
the estimated cost of completion of the lot improvements. The subdivision
improvement agreement and security covering the lot improvements shall
remain in full force and effect.
B.
Procedures
on Escrow Fund:
All required improvements for which escrow
monies have been accepted by the Building Inspector at the time of
issuance of a certificate of occupancy shall be installed by the subdivider
as soon as weather permits and in no case more than a period of nine
(9) months from the date of deposit and issuance of the certificate
of occupancy. If the improvements have not been properly installed
at the end of the time period, the Building Inspector shall give two
(2) weeks’ written notice to the developer requiring it to install
the improvements, and if they are not then installed properly, the
Building Inspector may request the Governing Body to proceed to contract
out the work for the installation of the necessary improvements in
a sum not to exceed the amount of the escrow deposit. At the time
of the issuance of the certificate of occupancy for which escrow monies
are being deposited with the Building Inspector, the developer shall
obtain and file with the Building Inspector prior to obtaining the
certificate of occupancy a notarized statement from the purchaser
or purchasers of the premises authorizing the Building Inspector to
install the improvements at the end of the nine (9) month period if
the improvements have not been duly installed by the subdivider.
(Ordinance 09-0604 adopted 6/4/09)
