(a) 
Obligations of the subdivider.
(i) 
The subdivider shall install at its own cost and expense all of the improvements required by this ordinance. The developer shall pay the cost of purchasing, and install street posts and markers at each street intersection and other locations as called for on the construction plans. Posts and markers shall be the same type as used throughout the City. The developer shall pay the costs of purchasing and installing traffic signs at each street intersection and other locations as called for on the construction plans. Traffic signs shall be the same type as used throughout the City. The developer shall also pay the cost for and install regulatory signage for the subdivision necessary for the safety of the public. The subdivider shall comply with all other provisions of this ordinance prior to recordation of the subdivision.
(ii) 
The subdivider shall retain the services of a licensed professional engineer, licensed to practice in the State of Texas to design the improvements required and whose seal shall be affixed to each sheet of construction plans and to the specifications for the improvements and who shall be responsible for the design and supervision of all improvements required in the subdivision. The subdivider shall be responsible for meeting the requirements of this ordinance and any other requirements of the entities having jurisdiction.
(b) 
Construction plans.
(i) 
An electronic copy of construction plans, specifications, contract documents and cost estimates in PDF or other City-approved format shall be submitted to the City following approval of the preliminary plat. These plans and specifications shall include street plans, drainage plans, water system plans, sewer system plans, electric system plans, natural gas system plans, and an overall utility layout.
1) 
Cost Estimates shall include a minimum of a 10% bidding and construction contingency.
2) 
The contingency amount may be reduced to 5% if the subdivider can provide actual firm prices from a construction contractor in a form binding on the contractor to perform the work at the prices quoted.
(ii) 
Street plans must include plan and profile views at a scale of not less than one inch to fifty feet horizontal and one inch to five feet vertical. Street plans must include sufficient information to construct the street improvements in accordance with the requirements herein and to show compliance with same.
(iii) 
Drainage plans must include plan and profile views of all underground storm sewers, all drainage channels and culverts at appropriate scales of not less than one inch to fifty feet horizontal and one inch to five feet vertical. Water surface elevations and hydraulic grade lines for the applicable design storms shall be shown on the profiles. Storm sewer plans shall include a hydraulic calculation sheet showing the hydraulic grade calculations. Drainage plans shall include sufficient details and information to construct the improvements in accordance with the requirements herein and to show compliance with same.
(iv) 
Sanitary Sewer plans must include plan and profile views of all gravity sewers and force mains at appropriate scales not less than one inch to fifty feet horizontal and one inch to five feet vertical. Sewer plans shall include sufficient details to construct sewers in accordance with the requirements herein and show compliance with same.
(v) 
Sanitary sewer lift station plans must include site grading, dimensions, utilities, plan views and sections of the lift station in sufficient detail to construct the lift station as designed and approved in accordance with the requirements herein and to show compliance with same. Lift station plans shall include electrical power and instrumentation drawings prepared by an electrical engineer licensed to practice in the State of Texas.
(vi) 
Wastewater treatment plant plans shall include process schematics, hydraulic profiles, civil site plans, structural plans, mechanical and process plans, electrical plans and instrumentation plans sufficient to construct the plant in accordance with the criteria specified herein and show compliance with same. Wastewater treatment plant plans shall include a process and instrumentation diagram showing how the process works and the instrumentation used.
(vii) 
Water system plans shall include plan view water distribution system plans with ground contours (existing and final), profiles for water mains 12-inch nominal diameter and larger, and details sufficient to construct improvements in accordance with the requirements specified herein and show compliance with same.
(viii) 
Water system plans for pump station and tanks shall include civil site development plans, piping plans, electrical drawings, structural drawings, and sufficient details to construct the facilities in accordance with requirements herein and show compliance with same.
(ix) 
Water system plans for water treatment plants shall include process schematics, hydraulic profiles, civil site plans, structural plans, mechanical and process plans, electrical plans and instrumentation plans sufficient to construct the plant in accordance with the criteria specified herein and show compliance with same. Water treatment plant plans shall include a process and instrumentation diagram showing how the process works and the instrumentation used.
(x) 
Electrical distribution plans and natural gas distribution plans may be produced by the utility providing electric and natural gas service provided the utility will install the facilities with its own forces or under direct contract to the utility with reimbursement by the subdivider. If the subdivider will contract directly for the construction of the facilities, then plans for same must be submitted to the City.
(xi) 
Utility plans shall show the locations of all water, sewer, electrical, gas, telephone, cable television and other utilities to be installed. In addition, at each street intersection a minimum of one four-inch nominal diameter conduit for future utility construction shall be provided which shall extend a minimum of four feet beyond the pavement or curb and be capped at both ends and marked at both ends. Under no circumstances will new streets be allowed to be cut for utilities.
(c) 
Construction Plan Review and Approval.
(i) 
No reviews will begin until the applicable review fee is received by the City.
(ii) 
Upon completion of reviews by the City Manager and/or the City’s consulting engineer and other reviewing authorities (water, sewer and electric utilities, etc.), comments will be forwarded to the subdivider. The subdivider shall address all comments with revisions and/or explanations as applicable and resubmit revised plans, specifications, contract documents, and cost estimates to the City for review. Four copies of all revised materials are required for review.
(iii) 
Upon receipt of a complete revised submittal and explanations, the City Manager and/or the City’s consulting engineer and other reviewing authorities will perform a final review of the construction plans, specifications, contract documents, and cost estimates. The City Manager will assemble the comments and recommendations from the reviews. If all requirements are met to the satisfaction of the City Manager and/or the City’s consulting engineer and other reviewing authorities, then the City Manager will issue a letter accepting the Construction Plans.
(iv) 
If the construction plans are approved, the subdivider may begin construction in accordance with the approved plans, specifications, contract documents, cost estimates and in compliance with Section 3.01(d)(i) listed below.
1) 
If a performance bond or letter of credit was previously provided and the cost estimates submitted reflect an increase in the cost of improvements over the amount of the performance bond or letter of credit, a subsequent bond or letter of credit must be submitted prior to beginning construction to increase the total amount of the bonds to an amount equal to or greater than the total estimated cost of the improvements as approved by the City Manager.
2) 
If a performance bond or letter of credit was not previously provided and the subdivider wishes to have the plat recorded, a performance bond or letter of credit may be submitted at any time in the amount of the total estimated cost of improvements as approved by the City Manager.
(v) 
If the City Manager disapproves the construction plans, the subdivider shall revise the plans to comply with the requirements herein and provide a new submittal of construction plans and additional review fees as described above.
(d) 
Inspection of Improvements.
(i) 
Construction shall not begin without providing the City with seven-days’ written notice of intent to commence construction.
(ii) 
Streets, drainage and other improvements will be inspected by the City or the City’s designated representative. Deficiencies identified in the inspection will be reported to the subdivider or his engineer who shall be responsible for ensuring the deficiencies are remedied. Improvements with known deficiencies will not be accepted.
(iii) 
Utility improvements will be inspected by the utility that will own and operate the utility improvements upon completion of construction.
(Ordinance 530 adopted 3/13/18; Ordinance 683 adopted 1/11/22)
(a) 
Lot Markers and Monuments.
(i) 
All surveying must conform to all applicable surveying laws and the Professional Land Surveying Practices Act and must follow the General Rules of Procedures and Practices of the Texas Board of Professional Land Surveying. Corners of all lots, angle points in property lines and rights-of-way, points of curvature and points of tangency in curved property lines and rights-of-way shall be marked with at least a one-half-inch steel reinforcing rod 24 inches in length driven vertically into the ground and capped with a labeled plastic cap and center mark or other permanent monumentation.
(ii) 
Concrete monuments constructed in accordance with TxDOT standards shall be used to mark the corners of the subdivision. All concrete monuments must be shown on the subdivision plat.
(b) 
Benchmarks.
(i) 
At least one elevational benchmark shall be installed per ten acres of subdivision. Benchmarks shall be placed throughout the subdivision and permanently installed on a monument or other permanent structure and marked with the elevation and datum reference. Benchmarks shall be shown on the subdivision plat.
(c) 
Easements.
(i) 
Utility easements and other easements shall be marked where the easements cross lot lines and other property lines with markers similar to lot corner markers.
(d) 
Datum.
(i) 
All horizontal surveying, dimensions and bearings shall be referenced to the Texas State Plane Coordinate System or NAD 83.
(ii) 
All vertical contours, dimensions and benchmarks shall be referenced to NVGD 87.
(Ordinance 530 adopted 3/13/18)
(a) 
Utility Certification.
All public utilities providing service to the subdivision shall certify to the City approval of construction plans, specifications, cost estimates and sufficiency of facilities to provide the utility service to the subdivision. At a minimum, the subdivider must secure certifications for electricity, telephone, cable TV, water (when a central water system is proposed or required herein), and sewer (when a central sewer system is proposed or required herein) prior to Master Development Plan, Preliminary Plat, and Final Plat approval. The certification required by this paragraph must be from utility providers that are authorized through a certificate of convenience and necessity, or other relevant authority, to provide utility service within the subdivision area and shall certify such utilities’: (1) authority to serve the area within the subdivision; (2) intent to serve the area within the subdivision; and (3) capacity necessary to serve the quantity of Equivalent Dwelling Units (EDU’s) proposed in the subdivision.
(b) 
Bonding of Improvements in the City Limits.
(i) 
If the subdivider of land within the city limits desires to have the final plat recorded prior to completion of construction of the improvements required to serve the subdivision by this ordinance, the subdivider shall apply to the City for a variance from Section 3.01(a)(i) allowing recordation of the final plat prior to completion of all required improvements. Such variance shall only be approved upon satisfaction of the criteria for variances from this Subdivision Ordinance and subject to the following conditions:
(1) 
the subdivider shall provide a security in the form of a bond or irrevocable letter of credit acceptable to the City in the amount of the estimated cost of improvements approved by the City. Bonds shall be issued by a surety licensed to do business in the State of Texas and acceptable to the City. Irrevocable letters of credit must be issued by a federally insured financial institution acceptable to the City.
(2) 
Upon completion of the improvements and acceptance by the City, the City will return the security to the subdivider.
(3) 
If the improvements that are the subject of a security are not started within one year from the date of plat recordation or not completed within two years of plat recordation, then the subdivider forfeits all right to return of the security and the City may construct or complete construction of the improvements using the funds from such security or take other such action to which the City may be entitled at equity or law in the City’s sole and unfettered discretion.
(ii) 
If the subdivider does not provide a bond or irrevocable letter of credit authorized by the city, the city shall hold the approved plat and not record the plat until all improvements are completed and accepted by the City.
(iii) 
Construction required herein for a plat secured by a bond or letter of credit must be completed before 50% of the lots on the plat are sold.
(c) 
Bonding of Improvements in the City’s ETJ.
(i) 
If the subdivider of land in the ETJ desires to have the final plat recorded prior to completion of construction of the improvements required to serve the subdivision by this ordinance, the subdivider shall apply to the City for a variance from Section 3.01(a)(i) allowing recordation of the final plat prior to completion of all required improvements. Such variance shall only be approved upon satisfaction of the criteria for variances from this Subdivision Ordinance and subject to the following conditions:
(1) 
The subdivider shall provide a corporate surety bond, irrevocable letter of credit, or escrow agreement as required and approved by the city in the amount of the estimated cost of improvements approved by the city, to ensure the proper completion of roads, drainage, water distribution facilities, and sewerage facilities, as applicable, within subdivisions involving said infrastructure.
(2) 
The surety bond shall be executed by a surety company authorized to do business in the State of Texas and shall be made payable to the County Judge or his successors in office, of Comal County, Texas in a form approved by Comal County, Texas. The condition of the bond, letter of credit or escrow agreement shall verify that the owner or owners of the tract of land to be subdivided will construct the roads, streets, stormwater drainage, water distribution facilities, and sewerage facilities of such subdivision within one (1) year.
(3) 
The time period for completion may be extended upon written agreement of the subdivider and Comal County. The full amount of the bond or letter of credit shall remain in force until the road construction and other infrastructure is completed and roads and other infrastructure are approved and/or accepted by Comal County.
(d) 
Acceptance of Improvements.
(i) 
The city will formally and in writing accept all street and drainage improvements constructed in accordance with the requirements herein. The city shall issue an acceptance of utility improvements if the city determines that the improvements meet the requirements herein and if the public utility that will own and operate the utility issues a letter accepting the completed improvements. However, only after the City accepts the improvements as being completed in accordance with the requirements herein, shall the plat be recorded, or subdivider’s security, if any, returned.
(ii) 
Upon completion of improvements completed in a manner compliant with the requirements herein and acceptable to the City, the City Manager shall accept the improvements. For consideration for acceptance of improvements and release of security, submit the following to the City:
1) 
A Certificate of Final Completion of the improvements executed by the Engineer of Record for the project certifying that all required improvements have been completed.
2) 
Letters from the utilities and other agencies to which improvements are dedicated indicating the improvements have been inspected by and accepted by the Utility or agency for inclusion into the Utility or agency’s system.
3) 
Certifications from the construction contractor(s) that final payment for the construction has been received and an affidavit that all bills for supplies, materials, equipment, labor, etc. have been paid and a waiver of all liens and claims on the improvements.
4) 
A copy of a one-year maintenance agreement with the construction contractor or other entity required to maintain and repair improvements for one year from the date of Final Completion as certified above.
5) 
One mylar copy and three conventional copies of the as-built construction plans.
(Ordinance 530 adopted 3/13/18)