(a) 
Purpose.
To require that Public Improvements be installed to serve a development in accordance with this Subdivision Ordinance.
(b) 
Submitting plans.
(1) 
Construction Plans shall be submitted in accordance with the Town's requirements, as required in the Town's Application Form. Incomplete Construction Plans shall not be accepted and such plans shall be returned to the Applicant. All Construction Plans shall be prepared by a licensed professional engineer registered with the State of Texas.
(2) 
In addition to the requisite number of hard copies, Construction Plans shall also be prepared and submitted electronically oriented in Texas State Plane grid coordinates (U.S. Survey Foot), Grid North, NAD 83, at an elevation datum based on NAVD 88. Electronic copies shall be submitted in PDF, AutoCAD, GIS, or other Town-approved formats.
(c) 
Responsible official and decision authority for construction plans.
(1) 
Review and approval action.
The Town Engineer shall be the responsible Administrative Official for review and approval of Construction Plans.
(d) 
Approval required and timing of construction.
Construction Plans must be approved in accordance with this division 10.04, Construction Plans, Procedures, and Improvement Acceptance prior to the recordation of the Final Plat, unless otherwise stated within this Subdivision Ordinance.
(e) 
Criteria for approval.
The Town 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 (if the property is within the Town Limits) and any planned development (PD) zoning standards, and to the Town's Engineering Design Standards (EDS) for adequate public facilities, contained in this Subdivision Ordinance and all other applicable Town ordinances.
(f) 
Effect.
Approval of Construction Plans authorizes the Applicant to:
(1) 
Schedule a Pre-Construction Meeting;
(2) 
Apply for Construction Release; and
(3) 
Provide guarantee of Public Improvements as provided in section 10.04.003.
(g) 
Expiration date for construction plans.
The approval of Construction Plans shall remain in effect for a period of one year from the date of approval, or for the duration of construction of the project, provided that progress toward completion of the project continues to be demonstrated, unless the Construction Plans are extended in accordance with Subsection (h), Extension of Construction Plans beyond Expiration Date.
(h) 
Extension of construction plans beyond expiration date.
(1) 
Construction Plans may be extended for a period of six additional months beyond the expiration date.
(2) 
A request must be made in writing to the Town Engineer for such extension prior to expiration of the Construction Plans and shall include reasons why the Construction Plans should be extended.
(i) 
Decision by the town engineer.
(1) 
The Town 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 written extension request.
(2) 
Should the Town Engineer fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.
(j) 
Consideration.
The Town Engineer shall extend Construction Plans approval for a period of six additional months beyond the expiration date if:
(1) 
A Final Plat has been submitted, approved, or filed of record for any portion of the property shown on the Construction Plans; and
(2) 
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; and
(3) 
Demonstrable forward progress has been made to proceed with construction or required improvements; and
(4) 
A Development Agreement, if applicable, is still valid and in full effect.
(k) 
Conditions.
In granting an extension, the Town 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 and/or the Applicant waiving any vested rights.
(l) 
Total extension.
A second six month extension may be requested using the same process outlined above.
(Ordinance 25-016 adopted 11/10/2025)
The Town hereby defines its policy to be that the Town will withhold all Town services and improvements of whatever nature, including the maintenance of streets, the furnishing of sewage facilities, water service, other utility service, and all other Town services from all additions until all of the street, utility, storm drainage and other Public Improvements, as well as lot improvements (e.g., grading and installation of improvements required for proper lot drainage and prevention of soil erosion, retaining walls, etc.) on the individual residential lots, are properly constructed according to the approved engineering plans and to Town standards, and until such Public Improvements are dedicated to and accepted by the Town Staff.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
Subdivider's guarantee.
Before signing and recording the Final Plat of a subdivision located all or partially within the Town and/or the Town's jurisdiction, the Town Council must be satisfied that all required Public Improvements shall have been constructed in accordance with the approved construction plans and with the requirements of this Subdivision Ordinance.
(b) 
Improvement agreement and guarantee.
The Town Council, upon recommendation by the Commission, prior to filing of the Final Plat, may waive the requirement that the applicant complete and dedicate all Public Improvements, and may permit the property owner to enter into an Development Agreement by which the property owner covenants to complete all required Public Improvements no later than two years following the date upon which the Final Plat is filed. The Town Council may also require the property owner to complete and/or dedicate some of the required Public Improvements prior to filing of the Final Plat, and to enter into a Development Agreement for completion of the remainder of the required improvements during such two-year period. The Development Agreement shall contain such other terms and conditions as are agreed to by the property owner and the Town. Nothing within this section shall nullify the Town's obligation to participate in the construction of oversized facilities, pursuant to the Town's cost participation policies on oversized improvements, or any other requirement imposed by state law.
(1) 
Contents of development agreement.
The Development Agreement shall be in a form and contain provisions deemed necessary by Town Staff and as approved by the Town Attorney, to ensure proper construction and completion of the improvements, payment of applicable fees, and compliance with the provisions of this chapter. The contract shall contain but not be limited to the following provisions:
(A) 
Description and cost.
A description of the improvements, their location, and the contract price thereof or, if there is no contract amount yet determined, the estimated cost thereof certified by a registered engineer and approved by the Town Engineer.
(B) 
Design and construction standards.
That the improvements will be constructed in accordance with the provisions of this chapter and Town of Copper Canyon Engineering Design Standards.
(C) 
Inspection and orders.
That the contractor and subcontractors will cooperate with and abide by the orders of the Town Engineer and Town inspectors in constructing the improvement.
(D) 
Insurance.
That the owner or contractor will comply with the insurance requirements applicable to the Town's public works project and provide certificates evidencing such insurance coverages to the Town.
(2) 
Performance bond.
That either the owner/developer/contractor shall provide a performance bond as required by Texas Government Code, section 2252 in the amount of one hundred (100) percent of the total cost of constructing the public improvements including any performance of any guarantees or warranties required by the Town and including any extensions thereof, for the protection of the Town. The bond shall include a provision insuring the repair and/or replacement of all defects in the improvements due to faulty materials and workmanship that appear. The performance bond shall be issued by a surety company authorized to do business in the state and acceptable to the Town. Cash money in the amount of the cost of completing the improvements, as determined by the Town Engineer, may be deposited with a bank as escrow agent pursuant to an agreement, the form and provisions thereof to be approved by the Town Staff and Town Attorney, to insure completion of the improvements.
(3) 
Payment bond.
That the owner shall provide a payment bond as required by Texas Government Code, section 2252, as amended, guaranteeing the full and proper protection of all claimants supplying labor or material or otherwise solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the prime contractor in the amount of one hundred (100) percent of the total cost of constructing the Public Improvements. The bond shall be issued by a bonding company authorized to do business in the state and acceptable to the Town.
(4) 
Maintenance bond.
That the owner or contractor shall provide a maintenance bond in favor of the Town, to indemnify the Town against any repairs which may become necessary to any part of the construction work performed in connection with the subdivision, arising from defective workmanship or materials used therein, meeting the requirements of Revised Civil Statutes of Texas, article 5160, guaranteeing and agreeing to pay any necessary maintenance for a period of full two years in the amount equal to one hundred (100) percent of the total value of the construction costs of all Public Improvements to be constructed by the developer from the date of final acceptance of the entire project by the Town. Final acceptance will be withheld until said maintenance bond is furnished to the Town.
(c) 
Improvement agreement required for oversize reimbursement.
The Town shall require a Development Agreement pertaining to any Public Improvement for which the developer shall request reimbursement from the Town for oversize costs. The Town Council shall authorize the approval of such Development Agreement as meeting the requirements of the Town, and the Town shall not withhold approval as a means of avoiding compensation due under the terms of this Subdivision Ordinance. The Mayor/Town Administrator (or designee) is authorized to sign a Development Agreement on behalf of the Town, with Town Council approval.
(d) 
Letter of credit.
If the Town of Copper Canyon authorizes the property owner to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:
(1) 
Be irrevocable; and
(2) 
Be for a term sufficient to cover the completion, maintenance, and warranty periods, but in no event less than two years; and
(3) 
Require only that the Town present the issuer with a sight draft and a certificate signed by two authorized representative(s) of the Town certifying to the Town's right to draw funds under the letter of credit.
(e) 
As portions of the Public Improvements are completed in accordance with the Town's EDS and the approved engineering plans, the developer may make application to the Town of Copper Canyon to reduce the amount of the original letter of credit. If the Town Engineer/Town Staff are satisfied that such portion of the Public Improvements has been completed in accordance with Town standards, the Town Engineer/Town Staff may (but is not required to) cause the amount of the letter of credit to be reduced by such amount that the Town Staff deems appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining Public Improvements.
(f) 
Upon the dedication of and acceptance by the Town of all required Public Improvements, the Town shall authorize a reduction in the security to 10% of the original amount of the security if the property owner is not in breach of the improvement agreement. The remaining security shall be security for the owner's covenant to maintain the required Public Improvements and to warrant that the improvements are free from defects for two years thereafter. If the required security for maintenance and warranty is otherwise provided by the contractors or by others, the Town may release the entire amount of the developer's security.
(Ordinance 25-016 adopted 11/10/2025)
The property owner shall build and pay for all costs of temporary improvements required by the Town and shall maintain those temporary improvements for the period specified by the Town. Prior to construction of any temporary facility or improvement, the owner shall file with the Town a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(Ordinance 25-016 adopted 11/10/2025)
Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this section.
(Ordinance 25-016 adopted 11/10/2025)
For plats for which no Development Agreement has been executed and no security has been posted, if the Public Improvements are not completed within the period specified by the Town, the Preliminary Plat approvals shall be deemed to have expired. In those cases where a Development Agreement has been executed and security has been posted, and the required Public Improvements have not been installed within the terms of the agreement, the Town may take any one of the following actions:
(a) 
Declare the agreement to be in default and require that all the Public Improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default.
(b) 
Suspend Final Plat approval/filing until the Public Improvements are completed, and may record a document to that effect for the purpose of public notice.
(c) 
Obtain funds under the security and complete the Public Improvements itself or through a third party.
(d) 
Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which Public Improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the Public Improvements on the property.
(e) 
Exercise any other rights available under the law.
(Ordinance 25-016 adopted 11/10/2025)
Acceptance of formal offers for the dedication of streets, public areas and/or easements shall be by authorization of the Town of Copper Canyon. The approval by the Town of any type of plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the Town of any street, public area, easement or park shown on the plat. The Town shall require the plat to be endorsed with appropriate notes to this effect.
(Ordinance 25-016 adopted 11/10/2025)
The owner shall maintain all required Public Improvements for a period of two years following acceptance of the subdivision by the Town and shall also provide a warranty that all Public Improvements will be free from defects for a period of two years following such acceptance by the Town.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
A permit is required from the Town of Copper Canyon prior to beginning any work in the Town or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a floodplain.
(b) 
Pre-construction conference.
The Town Engineer shall require that all contractors participating in the construction meet for a Pre-Construction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing and/or removal of vegetation and trees that are larger than or equal six inches (6") in diameter as measured four feet (4') above the ground.
(c) 
Conditions prior to authorization.
Prior to authorizing release of a grading permit, the Town Engineer shall be satisfied that the following conditions have been met:
(1) 
The Final Plat has been approved by Town Council (and any conditions of such approval have been satisfied); and
(2) 
All required construction documents are completed and approved by the Town Engineer; and
(3) 
All necessary off-site easements and/or dedications required for Town-maintained facilities and not shown on the plat must be conveyed solely to the Town (i.e., by separate instrument), with the proper signatures affixed. The original of the documents and the appropriate filing fees shall be returned to the Town Engineer prior to approval and release of the construction plans; and
(4) 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the Town Engineer (at least one set of these plans shall remain on the jobsite at all times); and
(5) 
A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the Town Engineer; and
(6) 
All applicable fees must be paid to the Town.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
General procedure.
Construction inspection shall be supervised by the Town Engineer. Construction shall be in accordance with the approved construction plans and the Town's EDS (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the registered professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the Town Engineer. If the Town Engineer finds, upon inspection, that any of the required Public Improvements have not been constructed in accordance with the Town's standards and EDS, then the developer/property owner shall be responsible for completing and/or correcting the deficiencies such that they are brought into conformance with the applicable standards.
(b) 
Certificate of satisfactory completion.
The Town will not accept dedication of required Public Improvements until the applicant's engineer or surveyor has certified to the Town Engineer, through submission of detailed sealed "as-built," or record, drawings of the property which indicate all Public Improvements and their locations, dimensions, materials and other information required by the Town Engineer, and until all required Public Improvements have been completed. The "as-builts" shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and/or other Public Improvements, showing that the layout of the lines and grades of all Public Improvements are in accordance with construction plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an "as-built" stamp bearing the signature/seal of the registered professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the Town with a copy of the Final Plat and the engineering plans, if prepared on a CADD system, in such a digital format that is compatible with the Town's CADD system. When such requirements have been met, the Town Engineer shall thereafter make a recommendation to the Town Council to accept the Public Improvements for dedication in accordance with the established procedure.
(c) 
Acceptance of the development shall mean that the developer has transferred all rights to all the Public Improvements to the Town for use and maintenance. The Town Council may, at its option, accept dedication of a portion of the required Public Improvements if the remaining Public Improvements are not immediately required for health and safety reasons, and if the owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred percent (100%) of the estimated cost of those remaining improvements for a length of time to be determined by the Town Council. If the remaining Public Improvements are greater than $10,000.00 and are not completed within the determined length of time, the Town will impose a ten percent (10%) penalty of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining Public Improvements are less than $10,000.00, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the Town Staff.
(d) 
Upon acceptance of the required Public Improvements, the Town Engineer shall submit a certificate to the developer stating that all required Public Improvements have been satisfactorily completed.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
The Town Council may, upon petition of the property owner and favorable recommendation of the Town Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all Public Improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare.
(b) 
Whenever a petition to defer the construction of any Public Improvements required under this Subdivision Ordinance is granted by the Town Council, the property owner shall deposit in escrow his share of the costs (in accordance with Town participation and oversizing policies) of the future Public Improvements with the Town prior to approval of the plat, or the property owner may execute a separate Development Agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred Public Improvements upon demand of the Town.
(Ordinance 25-016 adopted 11/10/2025)
(a) 
No non-exempt building permit as indicated in section 10.01.005(e)(2), shall be issued for a lot or building site unless the lot or site has been officially recorded by a Final Plat approved by the Town, and unless all Public Improvements, as required by this Subdivision Ordinance for Final Plat approval, have been completed.
(b) 
No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a Final Plat has been approved by the Town and recorded by Denton County.
(Ordinance 25-016 adopted 11/10/2025)