THE HOME BUILDER
March 2024
Page Two
There is Plenty for Members to Keep an Eye On The HomeFront Government Affairs News and Info “Public business, my son, must should keep an eye on.
David Lehde Director of Government Affairs
municipality is addressing and imple- menting HB 14, including if a city is introducing new or increased fees. A reminder that, due to HB 3492 becoming effective law in September, municipalities and counties are pro- hibited from considering the cost of constructing or improving the public infrastructure for a subdivision, lot, or related property development in determining the amount of the fees for the review and processing of the applicable engineering plans, as well as the inspection of the infrastructure improvement. This also means that, if a munici- pality is assessing a fee related to the aforementioned HB 14, and it is doing so on a percentage of the cost of the project that includes the scope of work defined under HB 3492, then it is in conflict with HB 3492. Also, effective as of September 2023 are the provisions of HB 3699. Along with language correction, re- moving the defined term “plan from the chapter that addressed the 30-day “shot clock” timeline for plat approval, the legislation protects against un- needed platting and land dedication. No longer required is the need to plat if streets, alleys, squares, parks, and other parts of the tracts are not intended by the owner of the tract to be dedicated to public use. HB 3699 also prohibits a city from requiring the dedication of land within a subdivision for a future street or alley that is: 1) not intended by the owner of the tract; and 2) not included, funded, and approved in a capital improvement plan adopted by the city, or a similar plan adopted by the county in which the city is located, or the state. It is these plat and dedica- tion related provisions that developers
must be provided when a qualified tree is planted. Specifically, a planted tree must be at least two inches in diameter (4.5 feet above ground) and the municipal - ity can specify the species and method for replanting. The tree may be planted either on the property or in another location mutually agreed upon. Ad- ditionally, a municipality may not prohibit the removal of a tree that is diseased, dead or poses an immediate threat to persons or property. Builders and developers should keep this statute in mind as they face the challenges of tree and landscaping ordinances in various municipalities. Election season does not end on March 5. As we reach the end of the first part of the primary election season, it is important to keep in mind that there will likely be runoff elections for mul - tiple Texas Legislature seats, as well as key Congressional seats affecting the Dallas BA service area. This will be followed by multiple city council races in the spring. A key tool in the Association’s advocacy toolbox is HOMEPAC of Greater Dal- las, the non-partisan political action committee. For more information, members can visit https://dallasbuilders.org/ advocacy/ or contact the Director of Government Affairs .
Dallas BA asks that if a member has a project facing plat and land dedications that seem to not be in line with HB 3699, to please bring it to our attention. One item that has come up again is the enforcement, and significant cost, of landscaping and tree ordi- nances. The ordinances used by many cities come with tree preservation, prescribed tree planting and fee-in- lieu provisions. The enforcement of which can cause headaches for the project owner, as well as contractors and surveyors alike. In 2017, during the special ses- sion of the 85th Legislature, new pro- tections were provided under Chapter 212 of the Texas Local Government Code relating to the municipal regula- tion of the removal of trees on private property. The legislation was a priority of the Dallas BA and involved the hard work of advocacy staff of both Dallas BA and TAB. The statute requires munici - palities to apply a credit of at least 50 percent (40 percent for commercial projects) of the fee assessed for remov - ing a tree on a residential development if the property owner plants a qualified tree. For homes that are a personal residence, a fee may not be assessed to remove a tree less than 10 inches in diameter, and a 100 percent credit
always be done by somebody. — it will be done by somebody or other — If wise men decline it, others will not; if honest men refuse it, others will not.” - John Adams in letter to Thomas Boylston Adams, 2 September 1789 Members should remain aware of new laws intended to help land development. Builders and developers are en - couraged to contact the Dallas Build- ers Association regarding municipal responses to state law that became effective in September, as a result of legislation that was approved during the 88th state legislative session. As the recently effective statutes come into play, there could be some growing pains as municipalities be- gin to interpret how to enforce them. Dallas BA has already had questions brought to us from members. There were multiple bills in the 88th session related to land devel - opment. House Bill 14 (HB 14) is intended to streamline the approval process for property development and building reviews by allowing qualified third parties to review development documents and conduct inspections, helping achieve timely responses to reviews and inspections. The third- party option is triggered when the local authority does not approve, disapprove, or conditionally approve the development documents within 15 days after the date prescribed by law. The documents include applica- tions for plats, plans and development permits. Builders and developers are en - couraged to contact Dallas BA should they have questions regarding how a
The Home Builder is published monthly by the Dallas Builders Association at 5816 W. Plano Pkwy., Plano, Texas 75093. Telephone 972-931-4840. BARCIE VILCHES, Editor
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