5.1.3
Adequate public facilities.
All land proposed for development, redevelopment, or use conversions in the City must be adequately served by essential public facilities and services. No construction or development plans will be approved unless and until adequate public facilities necessary to serve the development exist or until provision has been made for the facilities per Chapter 53, "Adequate Public Facilities" of the Land Development Code.
a)
All streets, curbs, gutters, sidewalks, bridges, culverts, enclosed storm sewers, open drainage ditches and drainage structures, water and sanitary sewer lines, and other public improvements and utilities (collectively referred to in this section as "improvements") necessary for the health, safety, and welfare of the city are required to be installed or constructed within a subdivision or plat, and shall be installed and constructed in accordance with the city's standards and specifications currently in effect at the time the plat is filed. Specifications for improvements shall be as reasonably determined by the director of the Capital Improvement Program ("CIP") department or designee.
b)
Prior to the construction of the improvements listed in subsection (a) above, the person or entity constructing the improvements shall:
1)
Give at least five (5) work days' notice to the director of the Capital Improvement Program ("CIP") department or designee prior to the start date of construction;
2)
Confirm that the plans to be followed are those which have been approved by the director of CIP, or designee, or that any changes thereto are approved in writing by the director of CIP, or designee;
3)
Provide to the director of CIP, or designee, the performance, maintenance, and payment bonds for the improvements in the same amounts as if the city were engaging a contractor to do the work. The city shall be a named beneficiary on these bonds;
4)
Provide to the director of CIP, or designee, any soil tests deemed appropriate by the director of CIP, or designee;
5)
Provide a signed acknowledgment that prior to acceptance of the improvements by the city, the person or entity must pay any fees for reasonable tests deemed appropriate by the director of CIP, or designee, including water usage, and must pay for city's actual cost to review submittals and designs, to process plans, and to inspect the public infrastructure improvement at an hourly rate as determined in the city's Consolidated Fee Schedule for the estimated actual direct time of the city's employee performing those services; and
6)
Provide a signed acknowledgment that timely notice will be given to the director of CIP, or designee, for the purposes of inspecting the work on the improvements, and that the work site will be made available for the city's inspectors as needed.
c)
Outside city. All streets, curbs, gutters, sidewalks, bridges, culverts, enclosed storm sewers, open drainage ditches and drainage structures and other public improvements required to be installed or constructed within a subdivision or plat outside the city but within five (5) miles of the corporate limits of the city shall be installed and constructed in accordance with the standards and specifications therefor adopted by the city or the commissioner's court of the county, whichever may have jurisdiction over the specific matter.
5.1.4
Connection to public utilities.
a)
In a situation where a plat is required, until said plat has been approved and the applicant or owner has constructed the streets, curbs, gutters, paving, sidewalks, utilities and drainage facilities therein, in the manner provided in this chapter and other applicable ordinances of the city, and said facilities have been accepted by the city engineer, it shall be unlawful for any official of the city to serve or connect any public utilities owned, controlled or distributed by the city to any land, or any part thereof, covered by a plat, or to the owners or purchasers of the land, or any part thereof.
b)
Until all the streets, utility and drainage facilities are constructed, in the manner provided in this chapter and other applicable ordinances of the city, and have been accepted by the city engineer, building permits shall be withheld, except when the following conditions are met:
c)
Foundation permits may be issued for lots prior to completion of street, utility, and drainage facilities, provided that approved road access is available to the subject lots.
d)
Undergrounding utilities.
1)
Generally.
Utility service placed within developments for which subdivision plats were approved by the city after March 3, 2011, shall conform to the requirements of this section.
2)
Definitions.
a.
Utility service shall mean electrical and communication distribution and service, such as electrical, telephone, internet, and television service or similar service, in which lines, cables, or wires are used for distribution or delivery of the utility service to the end user of such service. Utility service shall not include an electric transmission system or electric feeder lines.
b.
Electric transmission system shall mean all conductors, circuit breakers, switches, and related facilities and appurtenances of the electric transmission system rated to deliver 69 kV or above.
c.
Electric feeder lines shall mean all electrical lines that emanate from substations to distribute power throughout an area and not to an end user of electric service.
3)
Residential, commercial, and industrial.
Utility service for residential subdivision, multi-family, commercial, and industrial developments shall be installed and maintained underground in compliance with applicable utility service regulations.
4)
Auxiliary equipment; street and site lighting equipment.
In those areas in which utility service is required by this section to be placed underground, the following equipment shall be pad-mounted on grade or placed underground:
5)
Cost.
The cost of installing utility service underground shall be the responsibility of the property owner or the developer who is seeking utility service for their property. The provisions of this section shall not be construed to require the city or the utility company to bear the additional cost of placing utility service underground.
6)
Temporary service.
Temporary utility service to construction sites may be provided by overhead means, provided that when underground utility service to the entire subdivision is completed, such overhead electrical lines and facilities will be promptly removed.
(Ordinance 2023-10804, § 1, adopted 9/14/2023; Ordinance 2025-11166 adopted 8/28/2025)
