(a)
Adequate service for areas proposed for development.
Land proposed for development in Irving City Limits must be adequately served by essential public facilities and services, including water facilities, wastewater facilities, roadway, bicycle and pedestrian facilities, and stormwater drainage facilities. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist and cause the building to be fit for occupancy or until provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. Facilities serving new development must conform to and relate to requirements in the City's Master Plans, applicable Design Criteria Manuals, and applicable Capital Improvement Plans for the type of facility being constructed, and must meet the service levels specified in such plans.
(b)
Responsibilities of the developer.
The developer shall be responsible for the following if deemed necessary by the City to maintain adequate capacity for essential public services:
(1)
Phasing of development or improvements in order to ensure the provision of adequate public facilities. Each phase must be capable of existing as an independent project, each of which separately conform to the requirements in the applicable City standard;
(2)
Extending public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities for purposes of serving the development;
(3)
Providing and procuring all necessary property interests, including rights-of-way and easements, for the facilities (on-site or off-site);
(4)
Providing proof to the City of adequate public facilities through capacity analyses/studies for water, wastewater and storm drainage facilities;
(5)
Providing proof to the City of adequate public facilities and/or identify necessary roadway needs through a Traffic Impact Analysis (TIA) for roadway and bicycle/pedestrian facilities, as applicable, to the extent permitted by state law or this code;
(6)
Making reasonable provisions for future expansion of the public facilities that serve the development in order to accommodate future developments by extending water, and wastewater lines to the limits of the development;
(7)
Making reasonable provisions for adequate drainage infrastructure as required by the City Engineer;
(8)
Providing for the future operation and maintenance of facilities that serve a public purpose but that will not be dedicated to the public;
(9)
Providing monetary, bonding or other form of approved security to ensure full performance for the completion of construction of public facilities for the development;
(10)
Obtaining approvals from utility providers (other than the City) that will provide utility services to the development as applicable;
(11)
Complying with requirements, which may include obtaining permits and approvals of other government authorities and/or third parties, that either have jurisdiction over or will serve the project in whole or in part. The City is not responsible for ensuring compliance with such requirements or for obtaining or issuing such permits and approvals unless otherwise provided by law. Proof of compliance with such requirements (including copies of permit and other authorizations) shall be submitted by the developer to the City;
(12)
Filing for and obtaining an initial certificate of adequate facilities from the City, showing that the proposed development will be adequately served by public facilities and services at the time for approval of the first development application reflecting a specific plan of development; and
(13)
Filing for and obtaining (with consent of the property owner if developer/applicant is not the property owner) a Public Infrastructure Permit(s) (PIP) for drainage, pavement, sanitary sewer and/or water/wastewater facilities and connection permit(s) in the right-of-way and/or easements, as applicable, prior to beginning construction. Beginning construction shall mean the release of the approved construction plans to the field via the Engineering Inspector, which constitutes a notice to proceed. Such PIP shall be in the form and with such attachments as required by the City Engineer.
(c)
Reservation and entitlement of capacity.
The capacity of the utility system available for reservation will be determined after the submittal of a capacity study, if required, and the issuance of a certificate of adequate facilities.
(1)
If sufficient capacity exists, it will be reserved or conditionally allocated pending final approval of the plat or application of the development project.
(2)
Capacity entitlements are not guaranteed until all conditions are met and all fees paid, including the issuance of a building permit or recordation of a plat as applicable.
(3)
An application for a PIP shall be submitted within one year of the date of plat approval and within two years after the approval of civil plans where capacity is reserved at the time of plat. Up to two six-month extensions may be granted by the City Engineer upon proper documentation of the purpose of each extension.
(4)
The provision of City service is also predicated on the permitting and acceptance by the City of necessary improvement to public infrastructure as necessary.
(5)
Where replatting is not required, an application for a building permit shall be submitted within one year of acceptance of capacity study, if required, and issuance of a certificate of adequate facilities. Capacity reservation shall remain valid with an active building permit but shall expire with the expiration of the building permit.
(6)
Subsequent requests for usage of capacity for servicing development will consider all previously approved capacity entitlements, whether currently in use or in reservation.
(7)
The City may deny plats, building permits or certificates of occupancy if studies, including those that account for reserved capacity, indicate the proposed development would exceed available public facility capacity or require construction to expand the system.
(8)
A capacity study shall be valid for a period of one year from the date of submittal to the City. If a capacity study expires, the developer shall be responsible for conducting a new study, if required, in order to reestablish and document capacity. If no permit application of any type is submitted within the time period that the capacity study is valid, reservation and entitlements are considered abandoned.
(Ordinance 2025-11146 adopted 8/28/2025)