(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.
(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.
(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.
(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.
(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.
(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.
(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.
(4)
Additional safeguards; inspection of records.
(Ordinance 2024-03 adopted 2/6/2024)
