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17-S-41 - UDC Artical 4 Section 21.4.15 Articles 9, 12, 16 UpdatesORDINANCE NO. 17 -S -41 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SECTION 21.4.15 PUBLIC INFRASTRUCTURE IMPROVEMENTS CONSTRUCTION PLANS AND COMMUNITY FACILITIES AGREEMENTS AND ASSOCIATED UPDATES IN UDC ARTICLES 9,12, AND 16; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, on September 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on October 10, 2017 the City Council conducted a public hearing and after considering the criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subj ect matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 10th day of October, 2017. PASSED, APPROVED AND ADOPTED on final reading t 24th day of October, 2017. i ael R. Carpenter, Mayor ATTEST: t BT66da- Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 4, Section 21.4.15 Public Infrastructure Improvements, Construction Plans, and Community Facilities Agreements N Unified Development Code Articles 9, 12, and 16 See Attached Sec. 21.4.15 Public Infrastructure Improvements, Construction Plans, and Improvement Agreements A. Applicability The provisions of this section applies to the construction of any public infrastructure improvements. B. Processing of Construction Plans and Decision 1. Submittal Construction plans shall be submitted to the City Manager or his/her designee prior to construction of public infrastructure improvements. Submittal of construction plans shall be in accordance with the Engineering Department's permitting requirements. 2. Decision by the City Manager The City Manager or his/her designee may approve, approve with conditions, or deny the construction plans. 3. Criteria for Approval The City Manager or his /her designee, or the City Council on appeal, shall apply the following criteria in making a decision on the construction plans: a. The construction plans are consistent with the approved preliminary plat or the proposed final plat in the event that the public infrastructure improvements are in relation to a plat; and b. The construction plans conform to all applicable regulations pertaining to the construction and installation of public infrastructure improvements. 4. Expiration The approval of construction plans shall remain in effect for two years after the date the construction plans were approved by the City Manager or his/her designee. If construction of the project has not commenced during the two year period, approval of the construction plans shall expire. For public infrastructure improvements that are associated with a final plat, approval of the construction plans shall remain in effect for the time that approval of the final plat is in effect and shall expire when approval of the final plat expires, unless an extension is granted, pursuant to Section 21.4.15.13.5, Extension. 5. Extension At the written request of the property owner or their representative, the expiration date for the approval of construction plans may be extended by the City Manager or his /her designee for a period not to exceed six (6) months. C. Timing of Public Infrastructure Improvements Completion Prior to Final Plat Recordation For public infrastructure improvements associated with a proposed subdivision or development, except as provided below, completion of the improvements shall be in accordance with the approved construction plans and shall occur before an approved final plat is recorded, unless the obligation to construct public infrastructure improvements has been deferred and an improvement agreement is executed. 2. Installation after Final Plat Recordation The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the associated subdivision until after final plat recordation. The request shall be submitted in writing and specify what is being requested for deferral. Deferral of the obligation to install public improvements shall be conditioned on execution of an improvement agreement and provision of sufficient security. The City Manager or his/her designee may approve or deny the request to defer installation of public infrastructure improvements. 3. Off -Site Easements All necessary off -site easements required for installation of off -site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed solely to the City by an instrument approved by the City. D. Inspection and Acceptance of Public Infrastructure Improvements 1. Inspections Inspection of the public infrastructure improvements shall be conducted by the Engineering Department. Construction shall be in accordance with the approved construction plans. Any significant change in design required during construction shall be subject to approval by the City Manager or his/her designee. 2. Submission of As -Built Plans or Record Drawings The City shall not accept dedication of required public improvements until the applicant has submitted detailed "as- built" record drawings in accordance with Engineering Department's requirements. 3. Acceptance of Improvements When the City Manager or his /her designee has determined that the public infrastructure improvements have been installed in accordance with the approved Construction Plans, the City Manager or his/her designee shall accept such improvements on behalf of the City. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. Upon acceptance of the required public improvements, the City Manager or his/her designee shall have a certificate issued to the property owner stating that all required public improvements have been satisfactorily completed. E. Maintenance and Warranty of Improvements 1. Maintenance During Construction The developer shall maintain all required public improvements during construction of the development. 2. Bond The developer or owner shall covenant to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements or following the date of plat recordation, whichever occurs later. A warranty bond shall be provided in the amount of 20% of the costs of the improvements for such period. All public improvements shall be bonded. F. Improvement Agreements 1. Obligations Under Agreement Whenever public improvements to serve development are deferred until after recordation of the final plat, the property owner shall enter into an Improvement Agreement and provide adequate security as determined by the City Manager or his /her designee. The Improvement Agreement shall be subject to review and approval by the City Manager or his/her designee and the City Attorney. The agreement shall contain the following provisions: covenants to complete the improvements be no later than two (2) years after approval of the final plat, unless otherwise stipulated in the terms and conditions of the Improvement Agreement; b. covenants to warranty the required public improvements for a period of two (2) years following acceptance by the City of all required public improvements, unless stated otherwise in the Improvement Agreement; covenants to provide a warranty bond in the amount of 20% of the costs of the improvements for such period, unless stated otherwise in the Improvement Agreement; d. provisions for participation in the costs of the improvements by the City, if authorization has been obtained from the City Council, and a performance bond for such improvements from the contractor; e. provisions for securing the obligations of the agreement consistent with subsection G below; and f. such other terms and conditions as are agreed to by the City and the property owner, or as may be required by this UDC. 2. Covenants to Run with the Land The Improvement Agreement shall provide that the covenants contained in the Agreement run with the land and bind all successors, heirs and assignees of the property owner. All existing owners and lienholders shall be required to execute the Agreement or provide written consent to the covenants contained in the Agreement. G. Security for Completion of Improvements 1. Security Whenever the property owner has entered into an Improvement Agreement to defer installation of public improvements, the property owner shall provide sufficient security for completion of the required public improvements. The security shall be in the form of a cash escrow, a performance bond or surety bond provided by a licensed surety company, or other security as approved by the City Manager or his/her designee. 2. Amount and Acceptability The security shall be issued in the amount of 125% of the estimated cost of completion that is approved by the City Manager or his/her designee for the required public infrastructure improvements. The terms of the security agreement shall be subject to the approval of the City Manager or his/her designee and the City Attorney. 3. Remedies Where an Improvement Agreement has been executed and security has been posted and required public improvements have not been installed in accordance with the terms of the agreement, the City may: 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. obtain funds under the security and complete the improvements itself or through a third party; or C. assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's agreement and posting of security to complete the public infrastructure improvements. Associated UDC Sections with Amendments Sec. 21.16 - Definitions Public Infrastructure: Infrastructure that is generally for public use to include but not be limited to improvements of the following: water system (including water distribution lines, fire hydrants, valves and associated devices), wastewater (including lines, manholes, and lift stations), drainage system (including drainage easements, channels, storm sewer lines and inlets and associated landscaping), sidewalks, and roadways. Sec. 21.12.10.F.2.a Revise "maintenance bond" to "warranty bond" Sec. 21.9.10.F Revise title to "Parkland Improvement Agreement" and revise paragraph to read as follows: "The property owner or applicant may request to defer the obligation to dedicate parklands and /or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and /or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.15.17, Improvement Agreements. The City Manager or his/her designee may approve or deny the request to defer obligations to dedicate parkland dedication and /or develop parklands."