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 Development Services Director'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.
F. 
Effect. Approval of Construction Plans authorizes the Applicant to:
1. 
Schedule a Pre-Construction Meeting (section 3.04.02); and
2. 
Apply for Construction Release (section 3.04.03).
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 subsection H below.
H. 
Extension of Construction Plans beyond Expiration Date.
1. 
General.
a. 
Construction Plans may be extended for a period of six (6) additional months beyond the expiration date.
b. 
A request must be made in writing to the City Engineer for such extension prior to expiration of the plans, and shall include reasons why the plans should be extended.
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 (section 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; Ordinance 2025-47 adopted 10/8/2025)
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 section 3.04.01G, and section 3.04.01H 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 subsection 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 section 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 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 section 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 subsection 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.
1. 
Timing and Contact.
a. 
The City Engineer shall inspect the construction of improvements while in progress, as well as upon completion.
b. 
The Applicant, or his contractor, shall maintain contact with the City Engineer during construction of improvements.
2. 
Conformance with Construction Plans.
a. 
Construction shall be in accordance with the approved Construction Plans.
b. 
Any significant change in design required during construction shall be made by the Applicant's engineer, and shall be subject to approval by the City Engineer.
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. 
Inspection Fees.
1. 
Fee Standards. The Developer shall be charged an inspection fee in an amount equal to three (3) percent of the total construction cost of the public infrastructure, storm drains, and streets in each Subdivision or development.
2. 
Cost for Construction.
a. 
The Developer shall submit to the City a cost for construction of the public infrastructure to be dedicated to the City and upon which the maintenance bond and inspection fees will be based.
b. 
The cost of construction shall be reviewed and approved by the City Engineer.
3. 
Inspection during Non-Business Hours.
a. 
Inspections may be conducted at times other than normal working hours with prior approval.
b. 
A minimum forty-eight (48) hour notice must be given and the Developer shall reimburse the City a minimum of four (4) hours at the current overtime rate per hour upon receipt of an invoice.
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 subsection 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 one hundred and ten (110) percent of the total cost of said improvements and guaranteeing their maintenance for two (2) years from the date of acceptance of improvements by the City Engineer.
(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2025-28 adopted 5/6/2025)