A.
Purpose. The purpose of this section is to ensure that Public
Improvements are installed to serve a development in accordance with
all Subdivision Regulations and Development Standards.
B.
Submitting Plans. Plans shall be submitted in accordance with
Director of Planning's requirements, as provided in the Development
Application Forms. Incomplete Construction Plans shall not be accepted
and such plans shall be returned to the Applicant.
C.
Responsible Official and Decision Authority for Construction
Plans.
1.
Review and Approval Action. The City Engineer shall be the Responsible
Official for review and approval of Construction Plans.
2.
Outside Review. If an outside consultant is contracted to review
Construction Plans, then the Applicant shall reimburse the City for
the review fees.
3.
Decision-Maker Options. In this capacity, therefore, the City
Engineer shall approve, approve subject to modifications, or deny
the Construction Plans.
D.
Approval Required and Timing of Construction. Construction Plans must be approved in accordance with this Subsection 3.04. Construction Plans and Procedures prior to the approval or recordation of the Final Plat, unless otherwise stated within this UDC.
E.
Criteria for Approval. The City Engineer shall approve Construction
Plans if:
1.
The Construction Plans are consistent with the approved Preliminary
Plat, or the proposed Final Plat; and
2.
The Construction Plans conform to the subject property's zoning
and Planned Development (PD) standards (including zoning design standards),
and to the standards for adequate public facilities, contained in
these Subdivision Regulations and Development Standards and all other
applicable City codes.
G.
Expiration Date for Construction Plans. The approval of Construction
Plans shall remain 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 of the project continues
to be demonstrated, unless the Construction Plans are extended in
accordance with H below.
H.
Extension of Construction Plans beyond Expiration Date.
2.
Decision by the City Engineer.
a.
The City Engineer will review the extension request, and shall
approve, approve with conditions, or deny the extension request within
thirty (30) calendar days following the date of the extension request.
b.
Should the City Engineer fail to act on an extension request
within thirty (30) calendar days, the extension shall be deemed to
be approved.
3.
Consideration. The City Engineer shall extend Construction Plans
approval for a period of six (6) additional months beyond the expiration
date if:
a.
A Final Plat has been submitted, approved or filed of record
for any portion of the property shown on the Construction Plans;
b.
The Construction Plans comply with new ordinances (i.e., ordinances
that have been adopted after approval of the original Construction
Plans) that impact the health, safety and general welfare of the City;
c.
Demonstrable forward progress has been made to proceed with
construction or required improvements; and
d.
An Improvement Agreement (3.04.05. Improvement Agreements and
Security for Completion), 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 Applicant waiving any vested rights.
5.
Total Extension. A second six (6) month extension may be requested
using the same process outlined above.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Requirement. The Applicant(s) shall attend a Pre-Construction
Meeting with the City Engineer following the approval of Construction
Plans and prior to commencement of any construction on the property.
B.
Purpose.
1.
Discussion of Procedures. The purpose of the Pre-Construction
Meeting is to discuss administrative, communication, and operating
procedures for project construction prior to Construction Release
or issuance of a Building Permit.
2.
Review of Criteria. A list of typical inspection items, procedures,
and acceptance criteria for items in public Right-of- Way and easements
will also be furnished to the Applicant.
C.
Notice. The Applicant shall receive written notice from the
City Engineer that Construction Plans have been approved and that
the project is eligible for a Pre-Construction Meeting.
D.
Effect.
1.
Following the Pre-Construction Meeting and upon approval of
the Construction Plans and full compliance with all pre-construction
requirements, the City Engineer shall authorize Construction Release,
allowing the Applicant to commence with construction of the project.
2.
The Applicant may also be issued a Building Permit, if appropriate,
provided that a Building Permit Application has been submitted and
approved and all other Building Permit requirements have also been
met.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Requirements for a Construction Release.
1.
Upon approval of the Preliminary Plat or the Construction Plans,
receipt of all documentation (e.g., insurance information, bonds,
etc.) and fees, and after the Pre-Construction Meeting with City staff
and a franchise utility representative, the City Engineer shall release
the plans for construction if all City requirements pertaining to
construction have been met.
2.
The Construction Release shall remain in effect for a period
of one (1) year from the date of issuance, or for the duration of
construction of the project, provided that progress toward completion
of the project continues to be demonstrated.
B.
Construction Release Expiration and Extension. Expiration, and
possible extension, of the Construction Release shall be the same
as for the Construction Plans (see 3.04.01.G. and 3.04.01.H above).
(Ordinance 2017-13 adopted 10/2/2017)
A.
Completion of Public Improvements Prior to Final Plat Approval
and Recordation.
1.
Completion of all required Public Improvements, in accordance
with the approved Preliminary Plat and the approved Construction Plans,
shall occur prior to Final Plat approval and recordation.
2.
A Final Plat shall not be accepted for filing, nor shall it
be considered for approval, prior to completion of such improvements
except as provided in B below.
B.
Completion of Public Improvements after Final Plat Approval
and Recordation.
1.
The City Engineer, upon written request by the Applicant, may
allow construction of Public Improvements after Final Plat approval
and recordation.
2.
Postponement of Public Improvements shall be conditioned on
execution of an Improvement Agreement and provision of security, in
accordance with 3.04.05. Improvement Agreements and Security for Completion.
3.
It shall be at the City Engineer's discretion to determine whether
postponing construction of Public Improvements until after Final Plat
approval and recordation is appropriate, and therefore, whether financial
guarantee is acceptable through an Improvement Agreement.
4.
All construction of the required Public Improvements shall be
completed within two (2) years of construction release, an extension
may be granted by the City Council for up to one (1) year.
C.
Deferral of Obligation. The City Engineer may defer the Developer's
obligation to construct, Public Improvements to serve a new development
upon execution of an Improvement Agreement and upon provision of adequate
security (see Section 3.04.05. Improvement Agreements and Security
for Completion).
D.
Phased Development. If the development is being platted and
constructed in phases, improvements shall be completed as platted
areas are approved and phases are constructed.
E.
Easements for Utility Providers.
1.
The Applicant 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 Applicant's engineer shall provide the City Engineer with
written certification that all necessary easements are secured for
the various utility providers, and such easements shall be shown on
the Final Plat or separate instrument easement.
F.
Off-Site Easements.
1.
All necessary off-site easements required for installation of
required off-site Public Improvements to serve the development shall
be acquired by the Applicant prior to the Pre-Construction Meeting
(see 3.04.02. Pre-Construction Meeting), or prior to approval and
recordation of the Final Plat, whichever occurs first.
2.
Off-site easements shall be conveyed and recorded at the County
by an instrument approved by the City.
3.
If the property on which the off-site easement is required has
been platted, a separate instrument shall be required to dedicate
the easement.
4.
The Applicant shall be responsible for the acquisition of all
required off-site easements. If the Applicant is unable to acquire
the necessary off-site easements, the Applicant may request assistance
from the City. The Applicant shall provide the City with easement
or Right-of-Way survey documents and exhibits, documentation, including
evidence of a reasonable offer made to the affected property owner.
Upon receiving a written request for assistance, the City may, at
its option, acquire these easements either through negations, or in
appropriate situations through eminent domain proceedings.
5.
The Applicant shall reimburse the City for the costs of acquiring
the necessary easements including but not limited to attorney's fees
and costs.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Improvement Agreement and Security for Completion. When any
of the required Public Improvements will be postponed and constructed
after Final Plat approval and recordation, the Final Plat shall not
be accepted for filing, nor shall it be approved, unless and until
the Applicant enters into an Improvement Agreement of standardized
format approved by the City by which the Applicant:
1.
Will complete the improvements;
2.
Warrants the improvements for a period of two (2) years following
final acceptance by the City;
3.
Provide a maintenance bond in the amount of one hundred and
ten (110) percent of the costs of the improvements for such period
to insure the repair and replacement of all defects due to faulty
materials and workmanship that appear within the two year period following
date of acceptance;
4.
Provides provisions (e.g., performance and payment bonds) for
securing the obligations of the agreement consistent with E below;
and
5.
Outlines other terms and conditions as are agreed to by the
Applicant and the City, or as may be required by these Subdivision
Regulations and Development Standards, including insurance requirements
and covenants to comply with other ordinances of the City.
B.
Agreement to Run with the Land.
1.
The Improvement Agreement shall provide that the covenants and
other items of agreement contained therein shall run with the land
and shall bind all successors, heirs and assignees of the Applicant.
2.
All existing owners shall be required to execute the agreement
or provide written consent to the covenants and other items contained
in the agreement.
C.
Decision by the City Engineer. The City Engineer shall review
the Improvement Agreement, and shall approve it, approve it with conditions,
or deny it.
D.
Appeal to the Council of an Improvement Agreement Decision.
1.
The Applicant 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 shall hear and decide 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 shall be final.
E.
Security for Completion of Improvements.
1.
Type of Security.
a.
When any of the required Public Improvements will be constructed
after approval and recordation of the Final Plat, the Applicant shall
guarantee proper construction of such 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
these Subdivision Regulations and Development Standards, by 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.
b.
The performance and payment bonds shall be approved as to form
by the City Attorney.
2.
Estimated Cost and Security Approval.
a.
Security shall be issued in the amount of one hundred and ten
(110) percent of the cost to construct and complete all required Public
Improvements to the City's standards as estimated by the Applicant's
professional engineer, and as approved by the City Engineer.
b.
Security shall be subject to the review and approval of the
City Attorney.
c.
The Applicant shall reimburse the City for all related legal
costs for review (this reimbursement shall be paid in full prior to
filing of the Final Plat).
F.
Escrow Policies and Procedures.
1.
Request for Escrow.
a.
The City may require or the Developer may petition the City
to defer required improvements in exchange for a deposit of escrow
up to an amount not to exceed $15,000 for a period of two (2) years
from acceptance of the project. An example may include a timing issue
due to pending street improvements by another agency such as TxDOT.
b.
The City Engineer may require studies and other information
to support the Developer's request to escrow.
2.
Escrow Deposit with the City.
a.
When the City Engineer requires or agrees to accept escrow deposits,
the Developer shall deposit in escrow with the City, at a financial
institution to be determined by the City, an amount equal to one hundred
and ten (110) percent of the total "turn-key" costs including, but
not limited to, the design, permitting, acceptance, and inflation
costs related to the improvement(s). The full amount of escrow shall
remain deposited with the City until completion of the project.
b.
The City Engineer shall review and approve the amount, which
shall be approved and paid prior to recordation of the Final Plat.
3.
City Usage of Escrowed Funds. The City may also use the escrowed
funds in participation with another entity (such as TxDOT or the County,
etc.) to jointly construct the Public Improvement(s).
4.
Termination of Escrow.
a.
Escrows, or portions of escrowed amounts, which remain unused
after a period of ten (10) years following the date of such payment
shall, upon written request, be returned to the Developer.
b.
Such return of escrowed funds does not remove any obligations
of the Developer for construction of the required improvement(s).
5.
Refund. If all or a portion of a street or other type of Public
Improvement for which escrow is deposited is constructed by a party
other than the City, the remaining unused escrowed funds, upon written
request shall be refunded to the Developer after completion and City
acceptance of the street or Public Improvement. The City shall require
thirty (30) days from the request to process the refund.
6.
Interest on Escrowed Funds. When escrowed funds are returned
or refunded to the escrowing Developer, the City shall retain all
of the interest accrued by the funds.
7.
Escrow Fee Agreement. The City Engineer, at his/her discretion,
may require an escrow fee agreement be executed.
(Ordinance 2017-13 adopted 10/2/2017)
A.
Inspection of Public Improvements.
3.
Corrections to Improvements. If the City Engineer finds, upon
inspection, that any of the required Public Improvements have not
been constructed properly and in accordance with the approved Construction
Plans, the Applicant shall be responsible for completing or correcting
the Public Improvements to bring such into compliance.
B.
C.
Maintenance during Construction. The Applicant shall maintain
all required Public Improvements during construction of the development.
D.
Submission of Record Drawings.
1.
The City shall not accept dedication of required Public Improvements
until the Applicant's engineer has certified to the City Engineer,
through submission of detailed Record Drawings, which have been approved
by the City, of the project and filed copies of any off-site easements
that the Public Improvements have been built in accordance with the
approved Construction Plans.
2.
Each record drawing sheet shall show all changes made in the
Construction Plans during construction, and on each sheet, there shall
be a "record" stamp bearing the signature of the engineer and date,
which shall be maintained by the City Engineer.
3.
Digital files of the all Record Drawings shall be submitted
by the Applicant and received by the City.
E.
Acceptance or Rejection of Improvements by the City Engineer.
1.
Responsible Official. The City Engineer shall be responsible
for inspecting all required Public Improvements shown in the Construction
Plans, and for accepting completed subdivision improvements intended
for dedication to the City.
2.
Final Inspection. After completion of all improvements, franchise
utilities, grading, and erosion control, the City Engineer and other
designated representatives (as applicable) will perform a final inspection
before recommending acceptance of the improvements via a Letter of
Final Acceptance.
3.
Letter of Final Acceptance.
a.
If all improvements are completed, inspected, tested (if applicable),
and determined by the City to be in conformance with UDC regulations
and with the City's design standards and all inspection fees have
been paid, then the City Engineer shall issue a Letter of Final Acceptance
to the Applicant, thereby notifying the Applicant of the City's approval
of improvements and acceptance or future acceptance subject to approval
of a Final Plat.
b.
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 Improvements will occur concurrently
with the approval of a Final Plat.
c.
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 Improvements.
4.
Meaning of Acceptance. Acceptance of the Improvements shall
mean that the Applicant has transferred all rights to all the Public
Improvements to the City for title, use, and maintenance, unless otherwise
provided for by agreement.
5.
Rejection. The City Engineer shall reject those Improvements
that fail to comply with the City's standards and specifications.
The City shall enforce the guarantee provided by agreement(s).
F.
Disclaimer.
1.
Approval of a Preliminary Plat or Final Plat by the City Council,
or Construction Plans by the City Engineer, shall not constitute acceptance
of any of the Public Improvements required to serve the Subdivision
or development.
2.
No Public Improvements shall be accepted for dedication by the
City except in accordance with this Section.
G.
Maintenance Bond.
1.
Per requirements established and maintained by the City Engineer,
the Developer shall furnish maintenance bonds to the City for Public
Improvements for a period of two (2) years from the date of acceptance
by the City (see E.3 Letter of Final Acceptance for acceptance dates).
2.
The maintenance bond shall be a good and sufficient bond executed
by a corporate surety approved by the City in an amount equal to the
total cost of said improvements and guaranteeing their maintenance
for two (2) years from the date of Final Plat approval.
(Ordinance 2017-13 adopted 10/2/2017)
