O-2017-4291 - 4/13/2017 1 ORDINANCE NO. 0-2017-4291
2 AN ORDINANCE AMENDING CHAPTERS 10 AND 36, CODE OF
3 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
4 REGARDING PERMITS FOR RESIDENTIAL CONSTRUCTION AND
5 CERTIFICATE OF SUBSTANTIAL AND FINAL COMPLETION OF
6 SUBDIVISION PUBLIC IMPROVEMENTS BY AMENDING SECTION 10-
7 50, DELETING SECTIONS 10-51 AND 10-52; AND AMENDING
8 SECTION 36-6 BY ADDING NEW DEFINITIONS; AND AMENDING
9 SECTION 36-207; AND PROVIDING FOR A SAVINGS CLAUSE AND
10 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
13 TEXAS:
14 I.
15 That Chapter 10, Section 10-50, Code of Ordinances (2010 Edition), City of
16 Round Rock, Texas, is hereby replaced in its entirety and shall read as follows:
17 Sec. 10-50. Conditions for issuance of building permits for residential construction in new
18 subdivisions.
19
20 (a) Model Homes. Building permit(s) for up to four Model Homes per Final Plat may be issued when
21 the following conditions have been met:
22 (1) All applicable permits have been issued;
23 (2) a. All water mains providing service to the subdivision section in which the lot is located have
24 been constructed, installed and connected to the city's water system by the developer and
25 inspected, tested and approved by the city;
26 b. All on-site wastewater mains providing service to the subdivision section in which the lot is
27 located have been constructed and installed by the developer and inspected, tested and
28 approved by the city;
29 c. All off-site wastewater mains providing service to the subdivision section in which the lot is
30 located have been constructed, installed and connected to the city's wastewater system by
31 the developer and inspected, tested and approved by the city; and
32 d. All streets, curbs, and gutters required by this Code have been installed and inspected by
33 the city;
34 (3) Staff review has been completed; and
35 (4) All necessary fees have been paid.
36 As used herein, Model Home means a housing unit typical of the styles available for sale in a
37 particular subdivision but used for display and sales only. No more than four models shall be
38 permitted for any Final Plat.
39
40 (b) Initial Homes. Building permit(s) for up to twenty-six Initial Homes per Final Plat may be issued
41 when the following conditions have been met:
0 11^1704,00174461
1 (1) All applicable permits have been issued;
2 (2) The developer has been issued a Certificate of Substantial Completion for the Final Plat in
3 accordance with Section 36-207;
4 (3) Staff review has been completed; and
5 (4) All necessary fees have been paid.
6 As used herein, Initial Homes means a housing unit that may be permitted before a Certificate of
7 Acceptance has been issued for the Final Plat.
8
9 (c) Other Homes. Building permit(s) for Other Homes may be issued when the following conditions
10 have been met:
11 (1) All applicable special permits have been issued;
12 (2) The developer has been issued a Certificate of Acceptance for the Final Plat;
13 (3) Staff review has been completed; and
14 (4) All necessary fees have been paid.
15 As used herein, Other Homes means residential construction other than Model Homes and Initial
16 Homes.
17
18
19 II.
20 That Chapter 10, Section 10-51, Code of Ordinances (2010 Edition), City of
21 Round Rock, Texas, is hereby deleted in its entirety and shall be reserved for future use as
22 follows:
23 Sec. 10-51. Reserved. Qc)nditieps fer irrilanne mf building peraafts for rnedel Name sties-
ia) id fji the feu
24 �z.�A-bHfldfAg-peFrait-fef�aedel-k�ef�e-6e e-.&,oe�u,^-..,,-�„�-,�,.ewFRg
25 GGRditiGnS have been rn etc
26 (1) All appliGable Fequirernsubdivisions-, have been satisfied;
27 (2) Allappl+sabte-special-permits-have-beers issued
28 (3)—A water ma;^and fire hydFa^t-is in service-nlNR 000�feetof the nnodlel home;
29 (4) The foundation elevatie+a has-beers set-aadl-.,G fled by the developer'-s or builder s
30 engiineeF and a ertifi Gate of same delivered to the hnilding_irr$p@Vter•
f
31 (5)—Staff-review has been completed;; and
32 (6) All n cessa:y fees have-been-paid.
33 (b) As used-herein�aodel-hememeans a,housing Unit typical of rhe &tyles available-foFsale
34 " 'en bLit used far display d-sal dols chub
35 bepemlittedfGPany--subdivlslenhaving75 lets Gr-less. FeFa subdivision having Mere thaa�5
36 lets, one-addltienal madel home will-be-permitted fAFeash additeRal 25 leets in-oxo ss of
2
1
2 III.
3 That Chapter 10, Section 10-52, Code of Ordinances (2010 Edition), City of
4 Round Rock, Texas, is hereby deleted in its entirety and shall be reserved for future use as
5 follows:
6 Sec. 10-52. Reserved.—Genditiems feFissdarace of building peRnitsfeFseaFRerG al, industrial of
7 resideRtial-so UF �Fmit
8 A buildiRg-Perm permit for def tkd-eemstrustieun
9 a-int ^hA"� II„T t hP iDoaed-untltthe fellewimg-conditions have been-met
10 (1) All applicable requirements Of Ghagter 36, subd+visiens,have been satis-fied;
11 ro\ qg a liGable esi e-bee„�ssued.
c�T— -app=:oQo,�-�
12 (3) Staff reviewhas; been Gompleted;
13 (4) All necessary-fees have been-paid
14 e-allowed to prseeed-past the ptarnbing4Gugh
15 inspection ental the elkwAng-Genditiens havebeenmet:
16 a. All water mains previding-sePAGe to thea been senstFUsted,
17 ingtalled and ronneGted to the Gity'S water system by the developer and inspected;tested
18 and approved-by-the-city;
19 b All on-site-wastewater-mains-pFGvidwng serviGe tot let or tract have been
20 GORStFUGted and installed by the developer and inspeoted, tested and approved by the
21 Gity',
22 G An off-site via-ste..,.,.er r...,ins providing OF traGt have been
23 GenstraGted,,nstatled and-cenneGted to the Gity s—aste ate:�term by theveleper
24 and+ns eGted, test d b th revided, however i.f the feFegetng
p ^dandapp�=ea-or-=..e-GrtY--p ,
25 et-then the lowing teFFFIS Will apply;
26
The developer shall d rm
erferanGe-bend er bank letter 0
27 Greditacceptable to the city-attorney-equal to the ^^st-ef-the off site as
28 estimated irectGF
29 2. The de.,eloper shalldepesit with the Gity a letter acknewledging.,., _that Gertt#icates�#
30 e y e issued until surh�,e as .� able-tprevide wastewater
31 service •o thy, let OF t-ateg a Govenant to inform PUFehasers of the let or-tract
32 that-altheugh-building-pe•^,,,,_tS might-be-issued, Gerd#+Gates Of OGcupansy-wiltme
33 ..d . nt*l % 4sun.4er Gtually and
available;
34 3:The apps'^.,oQ„t for uNd+ng permit exeGutesand-#iles with the-Gitya-deGdrnent
35 acknowledging that the-permit is being-requestedprier-te the4ot-havin"astewater
36 serviceand-that-the-applioantaccepts-th"sk that if the-let does not have`.astewater
37 ser-viseavailable-upon sempletion-o;the stru , a GeFtifiGate of eGrupaRGY will-net-be
38 issued.
39 \o,—Actve4ire-hydra„�have-seem-imstaNereddistanGes te the-site-
3
1
2
3 IV.
4 That Chapter 36, Section 36-6, Code of Ordinances (2010 Edition), City of Round
5 Rock, Texas, is hereby amended as follows, with the new definitions set forth below
6 being appropriately inserted alphabetically:
7 Sec. 36-6. Definitions.
8
9 For the purposes of this chapter, the following words, terms and phrases, shall have the meaning
10 ascribed to them except where the context clearly indicates a different meaning:
11 Final Completion means the stage in the progress of the construction of public subdivision improvements
12 when, in the PDS Director's opinion, the entire construction of the public subdivision improvements has
13 been completed, and the Developer's obligations under this chapter have been fulfilled, as evidenced by
14 a Certificate of Acceptance approved by the PDS Director,
15 Substantial Completion means the stage in the progress of the construction of public subdivision
16 improvements when the construction work may still require some additional work, minor modifications
17 and/or adjustments but, in the PDS Director's opinion, the construction work has progressed to the point
18 that permits may be issued for Initial Homes as provided in Sec. 10-50. Such opinion of the PDS Director
19 shall be evidenced by a Certificate of Substantial Completion issued to the developer.
20
21 V.
22 That Chapter 36, Section 36-207, Code of Ordinances (2010 Edition), City of
23 Round Rock, Texas, is hereby amended to read as follows:
24 Sec. 36-207. Inspection and acceptance.
25
26 (a) Entry and inspection.
27 (1) The PDS director and other city employees shall have the right to enter upon the construction
28 site for the purpose of conducting inspections. The PDS director shall conduct inspections of the
29 public improvements during construction to ensure general conformity with plans and
30 specifications as accepted. If the PDS director finds upon inspection that any of the public
31 improvements have not been constructed in accordance with this chapter and the design and
32 construction standards, then the developer shall be responsible for making the necessary
33 changes to insure compliance.
34 (2) Upon completion of the public improvements, the developer shall arrange with the PDS director
35 for a final inspection to determine that the public improvements have been installed and in
36 conformity with the accepted subdivision improvement construction plans. The developer shall
37 pay all necessary inspection fees prior to the acceptance of the public improvements by the city.
38
39 (b) Substantial completion.
4
1 (1) If the developer wishes to start construction of homes before a Certificate of Acceptance is
2 issued by the PDS Director, the developer must request a Certificate of Substantial Completion.
3 The PDS Director may issue a Certificate of Substantial Completion if he/she determines that
4 the public improvements are substantially complete so that it is safe to issue permits for Initial
5 Homes pursuant to Section 10-50.
6 (bc) Acceptance of improvements.
7 (1) Request acceptance of public improvements. Upon completion of the construction of the public
8 improvements, the developer shall request that the PDS director accept the improvements for
9 maintenance. Concurrent with the request for acceptance of the public improvements for
10 maintenance, the developer shall submit all information required for acceptance of
11 improvements specified in the development packet.
12 (2) 6etterCertificate of aAcceptance. Upon satisfactory completion of the public improvements and
13 receipt of the information and items requested for the acceptance, the PDS director shall issue
14 a4etter Certificate of Acceptanceassepting for the public improvements and shall forward a copy
15 of the4etter-Certificate of aAcceptance to the-RDS-djrester developer.
16
17
18 VI.
19 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
20 expressly repealed.
21 B. The invalidity of any section or provision of this ordinance shall not
22 invalidate other sections or provisions thereof.
23 C. The City Council hereby finds and declares that written notice of the date,
24 hour, place and subject of the meeting at which this Ordinance was adopted was posted
25 and that such meeting was open to the public as required by law at all times during
26 which this Ordinance and the subject matter hereof were discussed, considered and
27 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
28 Government Code, as amended. ,,
29 ' nREAD and APPROVED on first reading this the V-rA- day of
30 �V Ii2017.
5
1 READ, APPROVED and ADOPTED on second reading this the no—day of
2 , 2017.
3
4
s ALAN MCGRAW, Mayor
5 City of Round Rock, Texas
7
8 ATTEST:
9
10 ----�• V I .
11 SARA L. WHITE, City Clerk
12
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