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)
