(a) 
Purpose.
To require that public improvements be installed to serve a development in accordance with all subdivision regulations.
(b) 
Submitting plans.
Plans shall be submitted in accordance with planning manager's requirements, as provided in the related application form. Incomplete construction plans shall not be accepted and those plans shall be returned to the applicant.
(c) 
Responsible official and decision authority for construction plans.
(1) 
Review and approval action.
(A) 
The town engineer shall be the responsible official for review and approval of construction plans.
(B) 
The town engineer shall generally follow the sequence of events for review and approval of construction plans as shown in figure 2 below, which is adopted herein as the town's preferred sequence of events; however, the town engineer is empowered to make alterations to the sequence on a case-by-case basis upon finding of due cause, if such alteration will further the purpose of this chapter and subdivision ordinance, and will provide an equitable outcome for the applicant and the town.
(2) 
Outside review.
If an outside consultant is contracted to review construction plans, then the applicant shall reimburse the town for the review fees.
(3) 
Decision-maker options.
The town engineer shall approve or deny the construction plans.
(d) 
Criteria for approval.
The town engineer shall approve construction plans if:
(1) 
The construction plans are consistent with the approved final plat; and
(2) 
The construction plans conform to the subject property's zoning and any planned development (PD) standards (including zoning development standards), and to the standards for adequate public facilities, contained in these subdivision regulations and all other applicable town codes.
(e) 
Effect.
Approval of construction plans authorizes the applicant to:
(1) 
Schedule a pre-construction meeting (section 10.02.122); and
(2) 
Apply for construction release (section 10.02.123).
(f) 
Expiration date for construction plans.
The approval of construction plans shall remain in effect one (1) year from the approval date as determined in writing by the town engineer, or for the duration of construction of the project, provided that progress or development of the project continues to be demonstrated, unless the construction plans are extended in accordance with section 10.02.121(g) extension of construction plans beyond expiration date.
Figure 2: Detailed Overview of the Platting Process
(g) 
Extension of construction plans beyond expiration date.
(1) 
General.
(A) 
Construction plans may be extended six (6) additional months beyond the expiration date.
(B) 
A request must be made in writing to the town engineer for an extension before expiration of the plans, and shall include reasons why the plans should be extended.
(2) 
Decision by the town engineer.
(A) 
The town engineer will review the extension request and shall approve or deny the extension request within thirty (30) calendar days following the date of the extension request.
(B) 
Should the town engineer fail to act on an extension request within thirty (30) calendar days, the extension is approved.
(3) 
Consideration.
The town engineer may extend construction plans approval 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 town; or
(C) 
Demonstrable forward progress has been made to proceed with construction or required improvements.
(4) 
Conditions.
Any extension may be predicated upon compliance with new development regulations and/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 2024-03 adopted 2/6/2024)
(a) 
Requirement.
(1) 
The applicant(s) shall attend a pre-construction meeting with the town engineer following the approval of construction plans and before commencement of any construction on the property.
(2) 
The applicant is responsible for contacting the town engineer, requesting a meeting time, and notifying all participants of the meeting.
(3) 
After receiving a meeting request from the applicant, the town engineer shall promptly schedule a pre-construction meeting.
(b) 
Purpose.
(1) 
Discussion of procedures.
The purpose of the pre-construction meeting is to discuss administrative, communication, and operating procedures for project construction before 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 town engineer that construction plans have been approved and that the project is eligible for a pre-construction meeting.
(d) 
Effect.
Following the pre-construction meeting and upon approval of the construction plans and full compliance with all pre-construction requirements, the town engineer shall authorize a construction release, allowing the applicant to commence with construction of the project.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Requirements for a construction release.
(1) 
Upon approval of the construction plans, receipt of all required documentation, fees (if applicable), and after the pre-construction meeting with town staff, the town engineer shall release the plans for construction if all town requirements pertaining to construction have been met.
(2) 
The construction release shall remain in effect one (1) year from the date of issuance, or for the duration of construction of the project, provided that progress or development 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.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
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.
(b) 
Easements for utility providers.
(1) 
The applicant is responsible for contacting all utility providers before beginning construction, and for securing all necessary easements for same before final plat approval and recordation.
(2) 
The applicant's engineer shall provide the town engineer with written certification that all necessary easements are secured for the various utility providers, and those easements shall be shown on the final plat with the recording information for each.
(c) 
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 before the pre-construction meeting (see section 10.02.122 pre-construction meeting).
(2) 
Off-site easements shall be conveyed and recorded at the county by an instrument approved by the town.
(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 is 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 town. The applicant shall provide the town with easements 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 town may, at its option, acquire these easements either through negotiations or, in appropriate situations, through eminent domain proceedings.
(5) 
The applicant shall reimburse the town for the costs of acquiring the necessary easements, including but not limited to attorney fees and costs.
(d) 
Timing of when public improvements are constructed.
(1) 
Public improvements may be completed after final plat recordation, with security for completion of public improvements.
(A) 
An applicant may elect to construct public improvements after final plat recordation.
(B) 
The construction of public improvements after final plat recordation shall be conditioned on the execution of security for completion of public improvements.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Inspection of public improvements.
(1) 
Inspection, timing, and contact.
(A) 
The town engineer shall inspect the construction of improvements while in progress, as well as upon completion.
(B) 
The applicant, or applicant's contractor, shall maintain contact with the town engineer during construction of improvements.
(C) 
Inspections shall be conducted during normal business hours, Monday through Friday.
(D) 
Inspection during nonbusiness hours.
(i) 
Public works inspections may be conducted at times other than normal working hours with prior approval.
(ii) 
After-hour inspections other than on Saturday will require a minimum of forty-eight (48) hour notice and the developer shall reimburse the town a minimum of four (4) hours at the current overtime rate per hour upon receipt of an invoice.
(iii) 
Saturday inspections will require to be paid the Thursday before the Saturday to be worked.
(iv) 
No work will be allowed on Sundays, holidays, and holiday weekends. Holiday weekends are weekends with a holiday that lands on Monday or Friday of a given weekend.
(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 is subject to approval by the town engineer.
(C) 
Once construction is complete, preliminary as-built/record plans are submitted to the town engineer.
(3) 
Corrections to public improvements.
(A) 
If the town 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 is responsible for completing and/or correcting the public improvements to bring such into compliance.
(B) 
The town will provide the applicant with a list of any issues the applicant must rectify in order for the public improvements to be in accordance with the approved construction plans and town standards.
(4) 
Final inspection.
Once preliminary inspection issues have been rectified, the applicant may schedule a final inspection with the town engineer.
(b) 
Public works inspection fees.
(1) 
The developer will be charged according to the town's fee schedule for the inspection fee for the public improvements to be dedicated to the town. Fire lanes shall be charged according to the town's fee schedule.
(2) 
The developer may be charged an additional inspection fee to reimburse the town the actual inspection cost if the town is required to have third-party inspections of the public infrastructure in each subdivision or development.
(c) 
Maintenance during construction.
The applicant shall maintain all required public improvements during construction of the development.
(d) 
Maintenance bond.
(1) 
Per requirements established and maintained by the town engineer, the developer shall furnish maintenance bonds to the town for public improvements two (2) years from the date of acceptance by the town (see subsection (f)(3) letter of final acceptance for acceptance dates).
(2) 
The maintenance bond or other surety shall be a good and sufficient bond executed by a corporate surety approved by the town in an amount equal to one hundred percent (100%) the total cost of said improvements and guaranteeing their maintenance for two (2) years from the date of acceptance of the related public improvements. The maintenance bond shall indemnify the town against and guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the public improvements arising from defective workmanship or materials used therein. A separate maintenance bond must be furnished for work done under each contract for each part of such construction work unless otherwise authorized by the town. Final acceptance will be withheld until said maintenance bond is furnished to and approved by the town. The maintenance bond shall be accompanied by a copy of the construction contract for such improvements and such other information and data deemed necessary by the town to determine the sufficiency, validity, and enforceability of such bond. No building permits shall be issued by the town for property served by such public improvements until the town has received and approved any required maintenance bond.
(3) 
The town engineer shall have authority to waive the maintenance bond requirement for a public improvement that has a value of less than $10,000.00.
(4) 
Maintenance bonds shall be in a form acceptable to the town attorney.
(e) 
Submission of as-builts/record drawings.
(1) 
The town shall not accept the dedication of required public improvements until the applicant's engineer has certified to the town engineer, through submission of detailed record drawings of the project, that the public improvements have been built in accordance with the approved construction plans.
(A) 
The submission of detailed record drawings of the project shall be approved by the town.
(B) 
Recorded off-site easements are submitted with the record drawings.
(i) 
Any off-site easements shall follow town standard form and shall be submitted to the town engineer for review before obtaining signatures.
(ii) 
Off-site easements shall be recorded at the appropriate county before filing of the plat.
(2) 
applicable record drawings are submitted to the town before a plat is recorded.
(3) 
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 town engineer.
(4) 
The applicant shall submit digital files of all the record drawings in AutoCAD and Adobe PDF formats, as required by the town.
(f) 
Acceptance or rejection of improvements by the town engineer.
(1) 
Responsible official.
The town engineer is responsible for accepting completed subdivision improvements intended for dedication to the town.
(2) 
Final inspection.
After completion of all improvements, franchise utilities, grading, and erosion control, the town engineer and other designated representatives (as applicable) will perform a final inspection before recommending acceptance to the town engineer.
(3) 
Letter of final acceptance.
(A) 
If all improvements are completed, inspected, tested (if applicable), and determined by the town to be in conformance with the subdivision ordinance and with the town's design standards, and all inspection fees have been paid, then the town engineer shall issue a letter of final acceptance to the applicant, thereby notifying the applicant of the town's acceptance of any proposed dedications (including right-of-way and public improvements) offered on the final plat.
(B) 
Letter of acceptance shall be a separate document and recorded with the final plat.
(4) 
Meaning of acceptance.
Acceptance of the improvements shall mean that the applicant has transferred all rights to all the public improvements to the town for title, use, and maintenance. This shall not release the developer from the maintenance bond (see subsection (d) maintenance bond for more information).
(5) 
Rejection.
The town engineer shall reject those Improvements that fail to comply with the town's standards and specifications. The town shall enforce the guarantee provided by agreement(s) (if applicable) and shall require the applicant to execute security for completion of public improvements to ensure the public improvements are built.
(6) 
Effect of plat approval on dedication.
(A) 
In accordance with TLGC section 212.011(a), the approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the town any duty regarding the maintenance or improvement of any dedicated parts until the town authorities make an actual appropriation of the dedicated parts by entry, use, or improvement.
(B) 
In accordance with TLGC section 212.011(b), the disapproval of a plat is considered a refusal by the town of the offered dedication indicated on the plat.
(g) 
Acceptance disclaimer.
(1) 
Approval of a preliminary plat or final plat by the planning and zoning commission and town council, or construction plans by the town 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 town except in accordance with this section.
(Ordinance 2024-03 adopted 2/6/2024)
(a) 
Standard security.
(1) 
Surety, performance, and payment bonds.
(A) 
In accordance with TLGC section 212.901(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 town's standards and with these subdivision regulations, by a bond executed by a surety company holding a license to do business in the state, and acceptable to the town, on the form provided by the town.
(B) 
The surety, performance, and payment bonds shall be approved as to form by the town attorney.
(b) 
Alternative security.
(1) 
Irrevocable letter of credit (ILOC).
An irrevocable letter of credit (ILOC) may be accepted and approved as to form by the town attorney.
(2) 
Escrow.
At the discretion of the town engineer, escrow may be allowed as a security for completion.
(c) 
Estimated cost and security approval.
(1) 
Security shall be issued in the amount of one hundred percent (100%) of the cost to construct and complete all required public improvements to the town's standards as estimated by the applicant's professional engineer, and as approved by the town engineer.
(2) 
Security shall be issued by an established and reputable financial entity, and shall be subject to the review and approval of the town attorney.
(3) 
The applicant shall reimburse the town for all related legal costs for review. This reimbursement shall be paid in full before filing the final plat.
(Ordinance 2024-03 adopted 2/6/2024)
In accordance with Texas Local Government Code subchapter C, section 212.071 to section 212.074, the following section prescribes a developer's participation in a contract for public improvements.
(1) 
Developer participation contract.
(A) 
Without complying with the competitive sealed bidding procedure of Texas Local Government Code chapter 252, the town may make a contract with a developer of a subdivision or land in the town to construct public improvements, not including a building, related to the development.
(B) 
If the contract does not meet the requirements of this section 10.02.127, Texas Local Government Code chapter 252 applies to the contract if the contract would otherwise be governed by that chapter.
(2) 
Duties of parties under contract.
(A) 
Under the contract, the developer shall construct the improvements, and the town shall participate in their cost.
(B) 
The contract must establish the limit of participation by the town at a level not to exceed 30 percent of the total contract price.
(C) 
In addition, the contract may also allow participation by the town at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the town, including but not limited to increased capacity of improvements to anticipate other future development in the area.
(D) 
The town is liable only for the agreed payment of its share of the contract, which shall be determined in advance either as a lump sum or as a factor or percentage of the total actual cost as determined by town ordinance.
(3) 
Performance bond.
(A) 
The developer must execute a performance bond for the construction of the improvements to ensure completion of the project.
(B) 
The bond must be executed by a corporate surety in accordance with chapter 2253, Government Code.
(4) 
Additional safeguards; inspection of records.
(A) 
In the contract authorized by subsection (2)(B), the town may include additional safeguards against undue loading of cost, collusion, or fraud.
(B) 
All of the developer's books and other records related to the project shall be available for inspection by the town.
(5) 
Other agreements.
Nothing in this section 10.02.127 shall be construed to limit the town's authority to enter into agreements, including development agreements, other than developer participation contracts under subchapter C of chapter 212 of the Texas Local Government Code.
(Ordinance 2024-03 adopted 2/6/2024)