ARTICLE V. - REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY
Part of the Code of Ordinances of Burnet, TX.
The text
Sec. 98-60. - Park land fees.#
(a)
Fee payment for park land. It shall be required that a developer of any residential subdivision of land creating a new lot within the city limits pay a park land fee based on the following:
(1)
The payment of a park land fee as required shall be in an amount equal to $250.00 per new dwelling unit projected to occupy the fully developed subdivision.
(2)
The developer shall tender and pay over to the city said fee prior to recordation of the final plat.
The park land fee shall be for the acquisition of park land and/or improvements and amenities in accordance with the provisions of this chapter.
(b)
Dedication of public park land in-lieu of fee payment. It may be required that a developer of any residential subdivision within the city limits set aside and dedicate to the public sufficiently suitable lands (acceptable and approved by the city council) for the purpose of public park land in lieu of the payment of fees. Suitable lands do not include streams, creeks, drainage easements, or other types of public dedications.
(1)
All plats receiving final plat approval based on this chapter shall conform to the requirements of this section.
(2)
The Council and developer may negotiate the combination of the required payment for park land and/or dedication of the park land to satisfy the provisions of this chapter.
a.
Where a developer makes payment as provided for in this section, the council shall accept such payment as satisfying the park land requirements of this chapter, except that the city reserves the right to require the dedication of land for public park purposes in accordance with this section when one or more acres of land would be required to satisfy the park land dedication requirements of this chapter.
b.
In the event the developer offers to dedicate land for a public park classification that is defined in the park master plan, that meets the design standards of this chapter, the city council may, at its sole discretion, accept the park land dedication; provided that the council may waive such requirement, or may designate a different tract or parcel to be dedicated.
(c)
Formula for calculating area of park land-Where approved. The acreage of park land that may be contributed, if approved, prior to final approval by the council of any residential subdivision shall be equal to one acre for each 66 new dwelling units projected to occupy the fully developed subdivision, or five percent of the total project area, whichever is greater.
(d)
Subdivision changes. In the event a developer/property owner obtains commission approval to deviate from the approved preliminary plat thereby increasing the number of dwelling units projected, or where the use of property is changed from a non-residential use to a residential use, the owner or developer shall be obligated to provide for payment of additional fees to provide the park land or amenities required for the additional dwellings prior to the city approving the final plat for recordation.
(e)
Final platting of a portion of an approved preliminary plat. Whenever a developer applies for approval of a final plat which contains only a portion of the land encompassed in the approved preliminary plat, the developer's park land fee contribution shall be based on the ultimate number of dwelling units shown on the approved preliminary plat, and shall be satisfied prior to city approval of the first final plat.
(f)
Design standards for park land. When the city council has approved a park land dedication instead of a park land fee, the land to be dedicated as a park shall be reasonably located near the center of the development, adaptable for use as a public park and recreation facility as defined by the park master plan, and located, designed and constructed so as to satisfy the following general requirements:
(1)
The dedicated land should form a single parcel or tract of land at least three acres in size unless it is determined that a smaller tract would be in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the city.
(2)
Public access to public park land delineated on a preliminary plat shall be ensured by provision of at least 50 feet of street frontage, in a manner satisfactory to the city. Likewise, adequate space for public parking should also be considered.
(3)
At the time the land abutting the delineated areas is developed, the developer of such abutting land shall construct streets along all abutting street frontage, and shall provide water and wastewater utilities to the boundary of one side of the delineated area to meet minimum requirements of this chapter.
(4)
The land to be dedicated to meet the requirements of this chapter should be suitable for public parks and recreation activities. In that regard, 50 percent of the dedicated land area should not exceed five percent grade. The master park plan for the city shall be considered when evaluating land proposals for dedication.
(5)
Any disturbed park land shall be restored and the soil stabilized by vegetative cover by the developer.
(6)
Areas within the regulatory 100-year flood plain may be utilized to partially meet the park land dedication requirements. Areas in the 100-year flood plain may constitute up to 50 percent of the requirement of land dedication; provided that credit may not be obtained for such land that is also dedicated for another public purpose.
(7)
The location of park land may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise a centralized location is preferred.
(8)
City staff shall make recommendations based upon the park land design standards and the provisions contained herein, concerning the amount and location of park land, credit for private park land and/or facilities, and credit for land in the 100-year flood plain.
(9)
All park areas and playgrounds shall have equipment installed by the developer and maintained by the homeowners association. The equipment shall be in accordance with the U.S. Consumer Products Safety Commission, Publication 325, as currently amended.
(g)
Park fund established. A separate fund to be entitled "park fund" shall be and is hereby created and the money paid by developers at final plat approval and interest thereon, shall be held in said fund in trust to be used solely and exclusively for the purpose of purchasing, improving and/or equipping public park and recreational land. Such fund shall be invested or held in an interest bearing account and all earnings and interest shall accrue to the park fund.
(1)
The principal and interest deposited and kept in the park fund shall be used solely for the purpose of purchasing and/or equipping or improving land for public park and recreational uses, and shall never be used for maintaining or operating public park facilities, or for any other purpose.
(h)
Method of dedication. Land accepted for dedication under the requirements of this chapter shall be conveyed at the time of final plat approval by either of the following methods:
(1)
By dedication within the plat to be filed for record in official county records.
(2)
By warranty deed transferring the property in fee simple to the city.
(3)
In any event, land must be free and clear of any mortgages or liens at the time of such dedication or conveyance.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-61. - Assurances for completion and maintenance of improvements or completion of work.#
(a)
Purpose. The purpose of this section is to ensure that all work proposed to extend public infrastructure or conducted on public land, easements, or rights of way is performed in accordance with the requirements of this code with respect to quality and timeliness.
(b)
Scope. This section applies to improvements required under Chapter 98, and work performed under Chapter 94.
(c)
Forms of fiscal security. For the purposes of this section, or subsections 98-61.1, or 98-61.2, fiscal security includes either a performance bond, escrow account, or letter of credit (collectively "surety instruments") guaranteeing payment of funds equal to the amount prescribed in subsections 98-61.1 or 98-61.2 as applicable should the developer fail to perform. To be acceptable as fiscal security a surety instrument comply with the following:
(1)
Performance bond. A single performance bond executed by a surety company licensed to do business in the State of Texas, and listed at the time of bond submission on the Department of the Treasury's Listing of Approved Sureties as a certified company; and on such form as approved by the city manager.
(2)
Escrow account. A cash deposit, or other instrument readily convertible into cash at face value, with the city to be held in escrow at a financial institution selected by the city. The use of any instrument other than cash shall be subject to the approval of the city manager. For any escrow account, the developer, shall file with the city an agreement between the financial institution and the developer, or applicant, as applicable, guaranteeing all of the following:
a.
That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the developer as security in any other matter during that period; and
b.
Such escrow account agreement shall be prepared in a format acceptable to the city manager.
(2)
Letter of credit. A single irrevocable letter of credit issued by a bank licensed to do business in the State of Texas. The form of the single irrevocable letter of credit must be approved by the city manager prior to acceptance by the city. A letter of credit shall be required to certify the following:
a.
That the creditor does guarantee funds equal to the amount prescribed in subsections 98-61.1, 98-61.2, or 98-61.3, as applicable.
b.
That, in the case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
c.
That this letter of credit may not be withdrawn, or reduced in amount, until approved by the city according to provisions of this chapter. Such letter of credit shall be prepared using the standard city form.
(d)
Acceptance of any form of fiscal security shall be further conditioned upon the following:
(1)
Cost estimates. A registered professional engineer licensed to practice in the state shall furnish estimates of the costs of all required improvements to the city who shall review the estimates in order to determine the adequacy of the guarantee instrument for insuring the construction of the required facilities.
(2)
Surety acceptance. The bank, financial institution, insurer, person or entity providing any letter of credit, bond or holding any escrow account, pursuant to this chapter, shall meet or exceed the minimum requirements established by city ordinance and shall be subject to approval by the city as provided in the ordinances of the city.
(3)
Sufficiency. Such surety shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in this chapter. All such surety instruments shall be both a payment and performance guarantee.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-61.1 - Assurances for completion of subdivision improvements.#
(a)
Purpose. The provisions of this chapter, as set forth in this section, are designed and intended to ensure that, for all subdivisions of land within the jurisdiction of the city, all improvements as required herein are installed in a timely manner in order that:
(1)
The city can provide for the orderly and economical extension of public facilities and services.
(2)
All purchasers of property within the subdivision shall have a usable, buildable parcel of land.
(3)
All required improvements are constructed in accordance with the city TCSS.
(b)
General policy.
(1)
Upon approval of a final plat, revision to a previously approved final plat, or short form plat by the commission, and prior to the plat being signed by the chairperson of the commission and the mayor of the city, and before said plat shall be allowed to be recorded in the plat records of the county, the applicant requesting plat approval shall, within the time period for which the plat has been conditionally approved by the city, do one of the following:
a.
Construct all improvements as required by this chapter and provide a surety instrument guaranteeing their maintenance as required herein; or
b.
Provide a surety instrument guaranteeing construction of all improvements required by this chapter, and as provided for herein.
(2)
In all instances, the original copy of the final plat, revision to a previously approved final plat or short form plat, without benefit of required signatures of city officials, shall be held in escrow by the city and shall not be released for any purpose until such time as the conditions of this section are complied with.
(3)
Upon all of the requirements of this section being satisfied, the final plat, revision to a previously approved final plat or short form plat shall be considered fully approved, except as otherwise provided for in this chapter, and the original copy of the plat shall be signed by the appropriate city officials and city staff. The developer will be notified that the plat is signed and shall file said plat in the plat records of the county. One copy of the filed plat shall be provided to the city for their use.
(4)
All improvements shall be designed and installed so as to provide for a logical system of utilities, drainage and streets and to create continuity of improvements for the development of adjacent properties. Water, wastewater, transportation and drainage improvements shall be extended to the perimeter of the development, except that the commission is authorized to vary or modify the requirement for extending water, wastewater, transportation and drainage improvements to the perimeter of a subdivision in accordance with the procedural requirements contained in this chapter.
(5)
The developer shall post a surety instrument as provided in Sec. 98-61 (entitled "assurances for completion of improvements or work"), in an amount equal to 110 percent of the estimated construction costs for all remaining required improvements.
(c)
Completion of improvements. Prior to the signing of the approved final plat, revision to a previously approved final plat or short form plat by the chairman of the commission and mayor of the city, the developer shall complete all improvements required by this chapter in accordance with the approved construction plans and subject to the approval of the city engineer and acceptance by the city, except as otherwise provided for in this chapter.
(d)
Alternative to completing improvements. The city council may waive the requirement that the developer complete all improvements required by this chapter prior to the signing of the approved plat, contingent upon securing from the developer a guarantee, as provided by Sec. 98-61 (entitled "assurances for completion of improvements or work"), for completion of all required improvements, including the city's cost for collecting the guaranteed funds and administering the completion of improvements, in the event the developer defaults. Such instrument shall guarantee funds equal to 110 percent of the estimated construction costs; provided however, if the project is located in the extraterritorial jurisdiction of the city, and is subject to the bonding requirements of the county for the construction of roadways, then that amount of money shall be reduced from the amount required to be posted with the city, provided that the instrument is transferable from the county to the city upon annexation.
(e)
Time limit for completing improvements. The period within which required improvements must be completed shall be incorporated in the surety instrument and shall not in any event, without prior approval of the city, exceed one year from the date of final plat, revised final plat, or short form plat approval.
(1)
The city council may, upon application of the developer and upon proof of hardship, approve an extension of the completion date set forth in such bond or other instrument for a maximum period of one additional year. Such hardship may include delays imposed due to city projects. An application for extension shall be accompanied by an updated estimate of construction costs prepared by a registered professional engineer, licensed to practice in the state. A surety instrument for guaranteeing completion of remaining required improvements must be filed in an amount equal to 110 percent of the updated estimate of construction costs as approved by the city.
(2)
The council may at any time during the period of such surety instrument accept a substitution of principal sureties.
(f)
Failure to complete improvements. Approval of all plats shall be deemed to have expired in subdivisions for which no assurances for completion have been posted or the improvements have not been completed within one-year of plat approval, unless otherwise approved by the city. In those cases where a surety instrument has been required and improvements have not been completed within the terms of said surety instrument, the city may declare the developer and/or surety to be in default and require that all the improvements be installed.
(g)
Inspection and acceptance of improvements. The city shall inspect all required improvements, to ensure compliance with city requirements and approved construction plans.
(1)
When all required improvements have been satisfactorily completed, the city shall either:
a.
Accept, in writing, the improvements as having been satisfactorily completed, or
b.
Issue a punch list to the developer denoting items remaining to be completed.
(2)
The city shall have ten working days to complete this inspection upon notification by the developer.
(3)
The city shall issue the report within ten working days of the date of inspection.
(4)
The city shall not accept dedications of required improvements nor release or reduce a performance bond or other assurance, until such time as it determines that:
a.
All improvements have been satisfactorily completed.
b.
Two copies of as-built plans, prepared by the design engineer in state plane grid and accompanied with survey data provided by a registered RPLS with northing and easting values, have been submitted to and approved by the city, along with a statement prepared by a licensed professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans.
c.
Copies of all inspection reports, and certified test results of construction materials that were submitted to and approved by the design engineer.
d.
In addition to providing paper copies of the as-built plans, computer-generated drawings, in a dwg. format, of all public improvements shown on the construction plans have been submitted to the city engineer to update city record drawings.
e.
The required maintenance guarantee has been provided.
f.
Any and all other requirements identified in the platting process have been satisfied.
(h)
Reduction or release of improvement surety instrument.
(1)
A surety instrument may be reduced with the approval of the city, and the treasurer/director of finance, upon actual construction of required improvements by a ratio that the improvement bears to the total public improvements required for the subdivision, as determined by the city.
(2)
Before the city shall reduce said surety instrument, the developer shall provide a new surety instrument in an amount equal to 110 percent of the estimated cost of the remaining required improvements, and such new surety instrument shall comply with this chapter.
(3)
The substitution of a new surety instrument shall in no way change or modify the terms and conditions of the performance surety instrument or the obligation of the developer as specified in the performance surety instrument.
(4)
In no event shall a surety instrument be reduced below ten percent of the principal amount of the original estimated total costs of improvements for which surety was given, prior to completion of all required improvements.
(5)
The city shall not release a surety instrument unless and until all the conditions of this chapter have been met.
(j)
Acceptance of improvements.
(1)
During the course of installation and construction of the required improvements, the city shall make periodic inspections of the work to insure that all improvements comply with city requirements. These inspections shall be coordinated with the developer/construction company at specific times during construction, as specified in the city TCSS.
(2)
Upon completion of all required improvements, the developer may seek acceptance of all public improvements by the city by following the procedures set forth in the applicable sections of this chapter.
(k)
Maintenance of improvements. Where a subdivision contains drainage, transportation, water or wastewater improvements, parks and grounds held in common, or other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which will not be, or cannot be, satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the city council for the proper and continuous operation, maintenance, and supervision of such facilities. A copy of the agreements providing for the proper and continuous operation, maintenance and supervision of such facilities shall be presented to and approved by the council, and approved as to form by the city attorney, at the time of final platting and shall be filed of record with the plat thereof.
(l)
Plans for improvements. Plans for the improvements required by this chapter shall be prepared, reviewed and approved in accordance with the provisions set forth in this chapter.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-61.2 - Maintenance guarantee.#
(a)
Maintenance and warranty bond required. Before the release of any surety instrument guaranteeing the construction of required subdivision improvements or the signing of the final plat where subdivision improvements were made prior to the filing of the plat for recordation, the developer shall furnish the city with a guarantee and maintenance bond or other surety instrument to assure the quality of materials and workmanship, and maintenance of all required improvements including the city's costs for invoking the surety instrument and administering the correction and/or replacement of covered improvements in the event the developer defaults.
(b)
Form of surety. The warranty and maintenance bond or other surety instrument shall be in such form and be in conformance with the requirements of Sec. 98-61.
(c)
Amount. Except as provided in subsection (e) immediately below, the surety instrument shall be in an amount equal to ten percent of the cost of improvements verified by the city.
(d)
Term. Except as provided in subsection (e) immediately below, the surety instrument shall run for a period of one calendar year measured from the date of release of the performance surety instrument, or signing and recording of the final plat, whichever is later.
(e)
Sidewalks. the surety instrument shall be in an amount equal to 50 percent of the cost of improvements verified by the city; and shall run for a period of five calendars year measured from the date of release of the performance surety instrument, or signing and recording of the final plat, whichever is later
(f)
Performance. In an instance where a warranty or maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the city will require performance under bond or surety instrument; and an extension of the surety term for one calendar year after completion of repair of the defect.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-62. - Withholding city services and improvements until acceptance.#
The city hereby defines its policy to be that the city will withhold all city services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other city services from any subdivision or property until all of the street, utility, storm drainage and other public improvements, as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential or commercial lots, are properly constructed according to the approved engineering plans and to city standards, and until such public improvements are dedicated to and accepted by the city or a surety instrument as outlined in section 98-60 is provided.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-63. - Temporary improvements.#
(a)
The applicant shall build and pay for all costs of temporary improvements required by the city, and shall maintain those temporary improvements for the period specified by the city. Prior to construction of any temporary facility or improvement, the applicant shall file with the city 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.
(b)
Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, etc.) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall be clearly shown on the final plat for the subdivision prior to approval of the final plat. A temporary easement for a required public improvement shall not be abandoned without the city engineer's approval and without written consent by the city.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-64. - Government units.#
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.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-65. - Storm drainage and water quality controls.#
(a)
An adequate storm sewer system, consisting of inlets, pipes and other underground structures with approved outlets, as outlined in the drainage criteria manual, shall be designed where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. New street right-of-way shall include storm sewer systems underground within the right-of-way. Large lot residential subdivisions, with a minimum lot size of 1 acre or greater, shall be permitted to place surface drainage facilities outside the required street right-of-way as approved by the City Engineer.
(b)
Areas subject to flood conditions or inadvertent storm water retention, such as standing or pooling water, as established by the city engineer, will not be considered for development until adequate drainage has been provided.
(c)
In no case shall storm water drainage be diverted artificially to adjacent properties or across roadways except that such artificially diverted drainage may flow onto another property, or properties under separate ownership provided it does not harm or damage, or otherwise pose an inconvenience to said other property or properties, is specifically approved by the city engineer, and conveyed across said property, or properties in a drainage easement procured from the owner(s) of affected property or properties.
(d)
The criteria for use in designing water quality control structures, and other best management practices ("BMPs") for non-point source pollution control shall conform to this chapter.
(e)
The landowner or developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build- up of sediment or debris from drainage improvements, with the exception of backlot and side lot drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The city shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.
(f)
Water quality control structures, retention and detention facilities, and BMPs for non-point source pollution control permitted by the city under this chapter shall be maintained and inspected in accordance with this chapter, and any permits or authorizations issued thereunder.
(Ord. No. 2026-13, § 1, 4-20-26)