Hennessey City Zoning Code
CONSTRUCTION PLANS
AND PROCEDURES
§ 154.310 CONSTRUCTION PLANS.
(A) Purpose. The purpose of construction plans is to ensure that mandatory public improvements be installed to serve a development in accordance with all the subdivision ordinance standards, including all standards within the town code of ordinances.
(B) Submitting plans. Plans shall be submitted in accordance with the requirements provided in the application. Incomplete construction plans shall not be accepted, and such plans shall be returned to the applicant. Construction plans shall be prepared by a professional engineer and must be approved in accordance with this chapter prior to the approval and/or recordation of the final plat.
(1) Review and approval action. The building official shall be the responsible official for review and approval of construction plans.
(2) Decision-making options. The building official shall approve, approve subject to modifications, or deny construction plans.
(C) Criteria for approval.
(1) The building official shall approve construction plans if:
(a) The plans are consistent with the approved preliminary plat; and
(b) The plans conform to the subject property’s zoning standards and to the standards for adequate public facilities, contained in this chapter and all other applicable town ordinances.
(2) The approval of construction plans shall remain in effect for a period of six months from the date of approval, or for the duration of construction of the project, provided that progress towards completion of the project continues to be demonstrated, unless construction plans are extended in accordance with the following division (D) of this section.
(D) Extension of construction plans. Construction plans may be extended for a period of six additional months beyond the expiration date. A request must be made in writing to the building official for such extension prior to expiration of the plans and shall include reasons why the plans should be extended.
(1) Decision by the building official.
(a) The building official will review the extension request, and shall approve, approve with conditions, or deny the extension request within 30 calendar days following the official filing date.
(b) Should the building official fail to act on an extension request within 30 calendar days, the extension shall be deemed to be approved.
(2) Extension criteria.
(a) The building official shall extend construction plans approval for a period of six additional months beyond the plans’ expiration date if:
1. The construction plans comply with new ordinances that impact the health, safety and general welfare of the town; and
2. Demonstrable progress towards completion has been made to proceed with construction or required improvements.
(3) Conditions. In granting an extension, the building official 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.
(E) Construction release. Upon approval of the preliminary plat and the construction plans, receipt of all documentation (e.g., insurance information, bonds and the like) and fees required, the building official shall release the plans for construction if all town requirements pertaining to construction have been met. Expiration, and possible extension, of the construction release shall be the same as for the construction plans.
(Ord. 382, passed 7-8-2021)
§ 154.311 TIMING OF PUBLIC IMPROVEMENTS.
(A) Completion prior to final plat approval and recordation.
(1) Completion of all required public improvements, in accordance with the approved preliminary plat and the approved construction plans, shall occur prior to final plat approval and recordation.
(2) A final plat shall not be accepted for filing, nor shall it be considered for approval, prior to completion of all required public improvements. If the development is being platted and constructed in phases, improvements shall be completed as platted areas are approved and phases are constructed.
(B) Necessary easements.
(1) Easements for utility providers.
(a) The applicant is responsible for contacting all utility providers prior to beginning construction, and for securing all necessary easements prior to final plat approval and recordation.
(b) The applicant’s engineer shall provide the building official with written certification that all necessary easements are secured for the various utility providers, and such easements shall be shown on the final plat with the recording information for each.
(2) Off-site easements.
(a) All necessary off-site easements required for installation of required off-site public improvements to serve the development shall be acquired by the applicant prior to approval and recordation of the final plat.
(b) Off-site easements shall be conveyed and recorded at the county by an instrument approved by the town.
(Ord. 382, passed 7-8-2021)
§ 154.312 INSPECTION, MAINTENANCE, AND ACCEPTANCE OF PUBLIC IMPROVEMENTS.
(A) Inspection of public improvements.
(1) Timing. The building official shall inspect the construction of improvements while in progress, as well as upon completion.
(2) Conformance with construction plans.
(a) Construction shall be in accordance with the approved construction plans.
(b) Any significant change in design required during construction shall be made by the applicant’s engineer and shall be subject to approval by the Zoning Administrator.
(3) Corrections to improvements. If the Zoning Administrator finds, upon inspection, that any of the required public improvements have not been constructed properly and in accordance with the approved construction plans, then the applicant shall be responsible for completing and/or correcting the public improvements to being such into compliance.
(B) Submission of recorded drawings.
(1) Certification. The town shall not accept dedication of required public improvements until the applicant’s engineer has certified to the town, through submission of detailed record drawings of the project and filed copies of any off-site easements that the public improvements have been built in accordance with the approved construction plans.
(2) Acceptance and recordation of public improvements.
(a) The town shall not accept improvements until the final plat is approved by the town and recorded at the county.
(b) Each record drawing sheet shall show all changes made in the construction plans during construction and on each sheet, there shall be a “record” stamp bearing the signature of the engineer and date.
(c) Detailed requirements for such drawings are available from the building official.
(3) Digital files. Digital files of all the record drawings shall be submitted by the applicant and received by the town.
(C) Acceptance or rejection of improvements.
(1) Responsible official. The building official shall be responsible for inspecting all required public improvements shown in the construction plans and for accepting completed subdivision improvements intended for dedication to the town.
(2) Final inspection. After completion of all improvements, franchise utilities, grading, and erosion control the building official and other designated representatives (as applicable) will perform a final inspection before recommending acceptance of the public improvements.
(3) Letter of final acceptance. If all improvements are completed, inspected, tested (if applicable) and determined by the town to be in conformance with this chapter, town standards and specifications, and construction plans, then the building official shall issue a letter of final acceptance to the applicant, thereby notifying the applicant of the town’s intended acceptance contingent on the approval of the final plat.
(4) Meaning of acceptance. Acceptance of the improvements shall mean that the applicant has transferred all rights to all the public improvements to the town for title, use and maintenance.
(5) Rejection. The building official shall reject those improvements that fail to comply with the construction plans and town’s standards and specifications. The town shall enforce the guarantee provided by the maintenance bond(s).
(Ord. 382, passed 7-8-2021)