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ORD 2001-17 P&ZORDINANCE 2001.-17 P&Z 1. IDA ol w W11M. M, BY ORD. 2001-21 P&Z 09/17/2001 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001-17 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 98-08 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 7 TO ADOPT PROVISIONS FOR THE DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS TO INCLUDE REQUIREMENTS FOR ESTABLISHING PROCEDURES, PERFORMANCE BONDS, PAYMENT BONDS AND MAINTENANCE BONDS, FINANCIAL ASSURANCES, INSPECTIONS AND APPROVAL OF PUBLIC IMPROVEMENTS, DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS, GENERAL CONSTRUCTION REQUIREMENTS, APPROVAL OF WORK, OWNERSHIP AND MAINTENANCE OF COMPLETED PUBLIC FACILITIES, AND REFUND PROVISIONS FOR FUTURE CONNECTIONS TO A SANITARY SEWER SYSTEM; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to regulate the subdivision of land and property development within the Town; and WHEREAS, on April 21, 1998, the Town adopted Ordinance No. 98-08 P&Z, governing and regulating the platting and subdivision of land within and without the corporate limits of the Town of Trophy Club; WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to amend Ordinance No. 98-08 P&Z by adding Article 7 to adopt provisions requiring the execution of a developer's agreement and further regulating the subdivision of land within and without the corporate limits of the Town. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Q:UOWNSEMA11 Ordinances\Ord2001\ORD 2001-17.doc - 1 - SECTION I. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION II. AMENDMENT; DEVELOPER'S AGREEMENT Ordinance No, 98-08 P&Z of the Town of Trophy Club, Texas, the same governing and regulating the platting and subdivision of land within and without the corporate limits of the Town, is hereby amended by adding Article 7, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed. Article 7 is hereby added in its entirety as follows: ARTICLE 7 DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS SECTION 7.1 PROCEDURES 1. CONTRACT REQUIRED The owner of property shall be required to execute a Developer's Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. A Developer's Agreement shall be prepared after the final engineering plans and cost estimates have been approved. 2. APPROVAL OF CONTRACT a. After the contract has been signed by the Developer and the required performance bond, payment bond, surety, or irrevocable letters of credit, and maintenance bonds meeting the requirements of Chapter 2253 of the Texas Government Code, where applicable, have been posted with the Town, the Town Secretary or Designee shall forward the DeveIoper's Agreement to the Town Attorney and the Town Planner for review and approval. b. The Mayor shall review and sign the contract on behalf of the Town upon approval by the Town Council. c. No construction work shall begin on the subdivision before the Developer's Agreement is approved and signed by the Mayor. This provision shall QATOWNSEOPcnding Ordinances\ORD 2001-17.doc - 2 - preclude the moving of dirt except in conditions covered in other development regulations. d. The Town will use its best effort to expedite all necessary instruments and documents within the Town administration. 3. CHANGES IN CONTRACT/SCOPE OF PROJECT Any subsequent changes in the plans and specifications of the approved project which results in an increase in the project scope shall necessitate an amendment to the Developer's Agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the Inspection Fee, as authorized in Section 7.3 (1) below. The Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town Engineer in revising and/or reviewing the revised documents, and approval shall not be granted until such additional fees are paid. SECTION 7.2 PERFORMANCE BONDS, PAYMENT BONDS AND MAINTENANCE BONDS & FINANCIAL ASSURANCES (this is noted in the caption) 1. Performance Bonds, Performance bonds, sureties or irrevocable letters of credit on forms approved by the Town Attorney meeting the requirements of Chapter 2253 of the Texas Government Code, where applicable, shall be required for all public improvements or community facilities prior to the execution of the Developer's Agreement, the filing of the Final Plat and issuance of any building permits. Bonds, irrevocable letters of credit, certificates of deposit or cash deposits shall be for 100% of the value, as determined by the Town Engineer, of the construction costs of all public improvements and community facilities to be constructed by the Developer. a. A cash deposit may be made with the Town in lieu of the performance bond. The cash deposit shall be held by the Town in a regular insured savings account and shall accrue interest at the then current available regular savings account rate of interest. Interest shall accrue in the account to the benefit of the Developer and shall be returned to the Developer with the cash deposit upon satisfactory completion of the facilities and acceptance by the Town. b. A certificate of deposit issued by any financial institution, which is insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation, may be submitted by the Developer in lieu of the performance bond. Such certificate of deposit shall be held in the Town Depository. When this option is exercised, the Developer shall execute four copies of a letter (approved by the Town) assigning the deposit to the Q:\TO\VNSEC\Pcnding0rdiriances\ORD2001-17.doc - 3 - Town and providing for the Town to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. Upon satisfactory completion of the facilities for which the deposit is made as security, the Town of Trophy Club shall reassign the deposit to the Developer, including accrued interest or dividends thereon. C. A letter of credit may be submitted in lieu of the performance bond. When the option is exercised to provide an irrevocable letter of credit from a financial institution, the form of the letter shall be approved by the Town Attorney. 2. Payment Bonds. The Developer shall provide a material and labor payment bond on a form approved by the Town Attorney meeting the requirements of Chapter 2253 of the Texas Government Code in the amount of one hundred percent (100%) of the contract price. 3. Maintenance Bonds. The Developer shall provide a maintenance bond on a form approved by the Town Attorney guaranteeing and agreeing to pay any necessary maintenance for a period of two (2) years in an amount equal to 100 percent (100%) of the value of the construction costs of all facilities to be constructed by the Developer. The Developer may submit any of the other forms of financial guarantee described in Section 7.2 (1) (a), (b), or (c) in lieu of providing the maintenance bond; providing, however, that the same conditions shall prevail as under paragraph 7.2 (1) (a), (b), or (c) above when certificates of deposit, irrevocable letters of credit or cash deposits are used instead of surety company bonds. 4. financial Assurances. The Developer shall furnish and maintain at all times prior to the Town's final acceptance of the public improvements and community facilities, an Owner's protective liability insurance policy naming the Town as additional insured for property damage and bodily injury. Coverage shall be on an "occurrence" basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. The Town shall be named as an additional insured on that policy. 5. Approved forms. All financial assurance provided under this section 7.2 shall be submitted on a form approved by the Town Attorney. Each financial assurance submitted by Developer on a form other than the one which has been previously approved by the Town as "acceptable" shall be submitted to the Town Attorney at the Developer's expense. QATOWNSECTending Ordinnnces\ORD 2001-17.doc - 4 - SECTION 7.3 INSPECTIONS AND APPROVAL OF PUBLIC IMPROVEMENTS 1. The Town Council shall establish fees for the inspection of public improvements as part of the Town's adopted Fee Schedule. No person shall be granted notice to proceed to construct, reconstruct, cut or repair any street, drainage or sanitary sewer facility without paying the fees for the inspection of such work. 2. The Developer's contractor shall give at least twenty-four (24) hours notice in writing to the Town of intent to commence actual construction of the facilities in order for inspection personnel to be made available. 3. The Developer shall delay connection of buildings to service lines of sewer and water mains until such sewer and water mains and service lines have been completed and accepted by the Town. 4. It shall be the duty of the Developer to notify all contractors and subcontractors working on the project that all of their work is subject to inspection by the Town Inspector at any time. Certification of materials being used may be required by the Town Inspector. 5. Laboratory tests required by the Town Inspector shall be performed by approved independent testing laboratories and will be at the discretion of the Town Inspector. Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and biluminous materials as used in construction, ASTM Designation E 329. All costs for laboratory tests shall be borne by the Developer or his/her Contractor. 6. Should any point not be covered in the plans, or Developer's Agreement, the Developer shall be required to contact the Town Engineer for a determination as to the Town's requirements. 7. Any work, which in the opinion of the Town Inspector does not meet the Town requirements or has not had proper Town inspection, shall be corrected. The Inspector shall notify the contractor and Developer in writing of the deficiencies. The Developer shall be required to cease all operations until the defect has been corrected and all Town requirements have been met and proper inspections conducted. SECTION 7.4 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS I . The Planning and Zoning Commission may recommend and the Town Council may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not necessarily in the interest of the public health, safety, and general welfare. QATOwNSECTending Ordinanccs\ORD 2001-17.doc - 5 - 2. Whenever it is deemed necessary by the Planning and Zoning Commission and Town Council to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the Developer shall pay his/her proportionate share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the Developer may use one of the other improvement guarantees set forth in this Ordinance. SECTION 7.5 GENERAL CONSTRUCTION REQUIREMENTS Prior to initiating any construction work, the Contractor and all subcontractors shall conduct a preconstruction conference with the Town, Town Engineer, Town Inspector and all affected franchised utilities and other appropriate parties deemed necessary by the Town. Prior to the Conference, the contractor shall provide a proposed construction sequence and schedule and a traffic safety plan, if required, for review and approval by the Town Engineer. SECTION 7.6 APPROVAL OF WORK 1. All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the Town Engineer, whose decision shall be final. 2. The Town shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the Town pursuant to the action of the Town Council. The Town shall hold the Developer responsible for completion of the project. SECTION 7.7 OWNERSHIP AND MAINTENANCE OF COMPLETED PUBLIC FACILITIES Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, sidewalks, storm sewers, and drainage channels within dedicated rights -of -ways and easements shall be and remain the property of the Town of Trophy Club. The Developer shall be responsible for maintenance of the completed public improvement for a two (2) year period, following acceptance by the Town. After expiration of the two (2) year maintenance period, the improvements shall be maintained by the Town. SECTION 7.8 REFUND TO DEVELOPER FROM FUTURE CONNECTIONS TO SANITARY SEWER SYSTEM 1. APPLICATION Upon application and approval by the Town Council, a Developer that is required to extend a sanitary sewer collection line past undeveloped property to reach his/her development may receive a refund from any future Developer that connects QATOwNSECTending Ordinances\ORD 2001-17.doc - 6 - to such line within ten (10) years of the initial construction. The application shall identify the Developer who is to receive the refund and provide an address where such refund may be forwarded. Developer shall be required to update address information within thirty (30) days of each change of that information. The Developer is eligible for refunds equal to, but not greater than, one hundred percent (100%) of his participation in the sanitary sewer main for a period of ten (10) years after completion of construction. 2. DETERMINATION AND APPLICATION OF CONNECTION FEES The Town Engineer will develop a linear front foot cost for the construction of the sanitary sewer main. Any future subdivision or plat that fronts along the affected sanitary sewer main shall be required to pay the calculated front foot cost to the Town as a condition of plat approval. The Town shall then notify the original Developer of the availability of the refund. If the funds subject to refund remain uncollected by the Developer to whom they are due for more than one year after notification, the funds shall become the property of the Town. 3. RECORDS The Public Works Director or his/her designee shall maintain a record of the project, front foot basis determined by Town Engineer, refund limit, date construction was completed, limits upon which front foot fee may be collected, and the name of the Developer entitled to refund. SECTION M. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such other Ordinances on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for, that purpose the Ordinance shall remain in full force and effect. SECTION IV. SAVINGS This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of the subdivision of land and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION V. Q:\TOWNSE-C\Pcnding0rdinanccs\ORD2001-17.doc - 7 - SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION VI. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION VII. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the Official newspaper of the Town of Trophy Club, the Caption, Penalty Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION VIII, ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the Caption, Penalty, and Effective Date Clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the Town. SECTION IX. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20" day of August 2001. QATOWNSI CTending OIdinancesURD 2001-17.doc - 8 - ATTEST: Town Secretary — Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas QATOWNSECTending Ordinanceslsubregulations ord 092001.doe - 9 -