(a)
Adequate
Service for Areas Proposed for Development.
Land proposed
for development in the City and in the City's extraterritorial jurisdiction
must be served adequately by essential public facilities and services,
including water facilities, wastewater facilities, roadway and pedestrian
facilities, drainage facilities and park facilities. Land shall not
be approved for plattingor development unless and until adequate public
facilities necessary to serve the development exist or provision has
been made for the facilities, whether the facilities are to be located
within the property being developed or offsite.
(1)
New development must be supported by adequate levels of public facilities
and services.
(2)
It is necessary and desirable to provide for dedication of rights-of-way
and easements for capital improvements to support new development
at the earliest stage of the development process.
(3)
Requirements for dedication and construction of public infrastructure
improvements to serve a proposed new development should be attached
as conditions of approval of any development application that contains
a specific layout of the development.
(4)
There is an essential nexus between the demand on public facilities
systems created by a new development and the requirement to dedicate
rights-of-way and easements and to construct capital improvements
to offset such impacts.
(5)
The City desires to assure both that development impacts are mitigated
through contributions of rights-of-way, easements and construction
of capital improvements, and that development projects contribute
not more than its proportionate share of such costs.
(b)
Conformance
to Plans.
Proposed capital improvements serving new development
shall conform to and be properly related to the public facilities
elements of the City's adopted Master Plan, other adopted master plans
for public facilities and services, and applicable capital improvements
plans, and shall meet the service levels specified in such plans.
(c)
Adequacy
for Specific Facilities.
(1)
Water.
All lots, tracts or parcels on which development
is proposed shall be connected to a public water system which has
capacity to provide water for domestic use and fire protection. Additional
standards and requirements are defined in Section 3-2 of these subdivision
regulations.
(2)
Wastewater.
All lots, tracts or parcels on which development
is proposed shall be served by an approved means of wastewater collection
and treatment. The City Engineer shall be responsible for determining
the approved means of wastewater collection and treatment. The City
may require the phasing of development and/or improvements in order
to maintain adequate wastewater capacity. Additional standards and
requirements are defined in Section 3-2 of these subdivision regulations.
(3)
Roads.
Proposed roads serving new development shall
provide a safe, convenient and functional system for vehicular, bicycle
and pedestrian circulation and shall be properly related to the applicable
master thoroughfare plan and any amendments thereto, and shall be
appropriate for the particular traffic characteristics of each proposed
subdivision or development. New developments shall be supported by
athoroughfare network having adequate capacity, and safe and efficient
traffic circulation. Each development shall have adequate access to
the thoroughfare network. Additional standards and requirements are
defined in Section 3-3 of these subdivision regulations.
(4)
Drainage.
Drainage improvements serving new development
shall accommodate potential runoff from the entire upstream drainage
area under developed conditions and shall be designed to prevent overloading
the capacity of the downstream drainage system. The City may require
the phasing of development, the use of control methods such as retention
or detention, the construction of off-site drainage improvements,
or drainage impact fees in order to mitigate the impacts of the proposed
development. Additional standards and requirements are defined in
Section 3-4 of these subdivision regulations.
(d)
City
Options.
In order to maintain prescribed levels of public
facilities and services for the health, safety and general welfare
of its citizens, the City may require the dedication of easements
and rights-of-way for or construction of on-site or off-site public
infrastructure improvements for water, wastewater, road, or drainage
to serve a proposed development, or authorize the payment of fees
in lieu thereof. If adequate levels of public facilities and services
cannot be provided concurrent with the schedule of development proposed,
the City may deny the development until the public facilities and
services can be provided, or require that the development be phased
so that the delivery of facilities and services coincides with the
demands for the facilities created by the development. The City may
impose any conditions relating the provision of public infrastructure
specified by an ordinance establishing or amending the zoning for
the property.
(e)
Property
Owner's Responsibility.
(1)
Dedication and Construction of Improvements.
The property
owner shall dedicate all rights-of-way and easements for, and shall
construct capital improvements within the rights-of-way or easements
for those water, wastewater, road or drainage improvements needed
to adequately serve a proposed development consistent with the applicable
master facilities plans, whether the facilities are located on, adjacent
to or outside the boundaries of the property being developed.
(2)
Facilities Impact Studies.
The City may require that
a property owner prepare a comprehensive traffic impact study, drainage
study or other public facilities study in order to assist the City
in determining whether a proposed development will be supported with
adequate levels of public facilities and services concurrent with
the demand for the facilities created by the development. The study
shall identify at a minimum the adequacy of existing facilities and
the nature and extent of any deficiencies, and the capital improvements
needed to meet the adopted level of service assuming development at
the intensity proposed in the development application. The study shall
be subject to approval by the City Engineer. The City also may require,
at the time of approval of a subsequent development application, an
update of a public facilities study approved in connection with a
priority development application.
(f)
Timing
of Dedication and Construction.
(1)
Initial Provision for Dedication or Construction.
The
City shall require an initial demonstration that a proposed development
shall be adequately served by public facilities and services at the
time for approval of the first development application that portrays
a specific plan of development, including but not limited to a petition
for establishing a planned development zoning district, or other overlay
zoning district; a petition for an annexation agreement or a development
agreement; or an application for a preliminary or final plat. As a
condition of approval of the development application, the City may
require provision for dedication of rights-of-way or easements for,
and construction of, capital improvements to serve the proposed development.
(2)
Deferral of Obligation.
The obligation to dedicate rights-of-way
for or to construct one or more capital improvements to serve a new
development may be deferred until approval of a subsequent phase of
the subdivision, at the sole discretion of the City Engineer, upon
written request of the property owner, or at the City's own initiative.
As a condition of deferring the obligation, the City shall require
that the developer enter into a subdivision improvements agreement,
specifying the time for dedication of rights-of-way for or construction
of capital improvements serving the development.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Adequate
Water for Domestic Use and Fire Protection.
It shall
be the policy of the city to ensure that all future subdivisions within
the city and the extraterritorial jurisdiction shall be provided with
the water in sufficient volume and pressure for domestic use and fire
protection, provided that where the land to be platted lies within
the extraterritorial jurisdiction of the City and the City is not
the water supplier, the City Council may grant a waiver to the requirement
for adequate fire protection if it finds that (1) the proposed subdivision
will meet the land development rules and regulations of the county
in which the property is located; (2) the subdivision is to be served
solely by on-site sewage disposal systems; and (3) water lines and
other water facilities serving the site are designed and sized to
carry future fire flows under the City's criteria and meets all City
design and construction standards. The approval of a plat by the City
does not constitute any representation, however, does not constitute
any representation, assurance or guarantee by the City of the adequacy
and availability of water for domestic use and fire protection within
such plat.
(b)
Water
and Wastewater Utilities Connections.
The City shall
not provide any water or wastewater utility connection to land proposed
for division until all of the following requirements have been met:
(1)
The water supply, treatment, storage and off-site distribution system to serve the subdivision meet the requirements of subsection (c).
(2)
The wastewater treatment and collection system to serve the subdivision meet the requirements of subsection (d).
(3)
The owner and/or developer of the subdivision or addition has executed
a written agreement with the city, providing for the off-site extension
of water and sewer mains to serve the development, in accordance with
the existing water and wastewater extension regulations.
(4)
Off-site mains have been extended to the subdivision pursuant to
the agreement and this section, and water and wastewater mains have
been installed in accordance with the City's specification in the
block facing the street on which the property is situated and accepted
by the city. “As Built” plans will be required at the
end of construction showing the actual location of all improvements.
(c)
Adequate
Water System.
(1)
No plat application shall be approved unless the subdivider demonstrates
that there will be a sufficient volume and pressure for domestic use
and fire protection to serve the subdivision concurrent with development.
The water system serving the subdivision shall be deemed adequate
under the following circumstances:
a.
To compute demand created from development, a maximum daily flow
of 600 gpcd (gallons per capita per day) and a maximum hourly flow
of 1000 gpcd shall be used for residential uses. For commercial and
industrial uses, a maximum daily flow of 3000 gpad (gallons per acre
per day) and a maximum hourly flow of 6000 gpad shall be used.
b.
Minimum system pressure shall be 35 psi.
c.
Fire flow required shall be determined in accordance with the adopted
City Fire Code. The minimum allowable pressures during a fire flow
condition are 20 pounds per square inch (“psi”) residual
at the fire hydrant and 35 psi elsewhere in the water distribution
system.
d.
The minimum ground storage requirements are 100 gallons per connection
and for elevated storage 100 gallons per connection or as determined
based on Total Elevated Required Storage Volume = (maximum hour demand
minus maximum day demand) times drawdown time (6 hours) per connection
and Total Ground Required Storage Volume = maximum day demand times
drawdown time (6 hours) per connection.
e.
Where the City is not the supplier, the subdivider must provide assurance
of sufficient capacity in accordance with the standards in this subsection
from the entity holding the Certificate of Convenience and Necessity
for the land to be subdivided. Such entity must have a wholesale water
supply contract that allows purchase of water at sufficient volumes
to serve the development considering all other commitments in accordance
with City standards.
(2)
Where City distribution mains are to be used for supplying water,
there is an existing distribution main with adequate capacity to serve
the development within one half mile of the boundary of the proposed
subdivision, and the subdivider agrees to extend an approach main
from such main to the subdivision of a size sufficient to serve the
development or of a size shown in the City's master water plan, whichever
is larger, at his expense in accordance with standard City participation
policies. This requirement does not apply where the approach main
is part of a funded capital improvement project that the City has
initiated consistent with its adopted capital improvements plan for
water facilities. Where the City is not the water supplier, the subdivider
shall provide assurances that water mains shall be extended to serve
the subdivision prior to the time of final plat approval for the second
phase of a preliminary plat.
(3)
The subdivider shall demonstrate that the water system serving the
development, other than approach mains to connect the development
to the water distribution system, will be adequate to serve the development
at the time of preliminary plat approval. The subdivider shall demonstrate
that each phase of the development shall be served by an adequate
water system under this standard. The approach main shall be extended
to serve the entire development subject to a preliminary plat prior
to the time of final plat approval for the second phase of the preliminary
plat, unless the extension is part of a funded capital improvement
project that the City has initiated consistent with its adopted capital
improvements plan for water facilities.
(d)
Adequate
Wastewater System.
(1)
No plat application shall be approved unless the subdivider demonstrates
that there will be an adequate wastewater system to serve the subdivision
concurrent with development. The wastewater system serving the development
shall be deemed adequate under the following circumstances:
a.
To compute demand created from development, sewage flows shall be
based on an average daily unit flow of 278 gallons per day per unit
(gpd/unit) for treatment plant flows.
b.
For the collection system, the 2 hour peak wet weather flow using
a peaking factor determined by using Curve A in the American Society
of Civil Engineers (“ASCE”) handbook shall be used.
c.
Adequacy of treatment facilities cannot be demonstrated by reliance
upon temporary package treatment plants.
d.
Where the City's wastewater system is not to be used, the subdivider
must provide assurance that the entity collecting the sewage holds
a Certificate of Convenience and Necessity for the land to be subdivided,
that collection systems are adequate to accommodate sewage flows from
the development and that the treatment system to be used has adequate
capacity in accordance with the standards in this subsection.
(2)
Where City collection mains are to be used for collecting sewage,
there is an existing collection main with adequate capacity to serve
the development within one half mile of the boundary of the proposed
subdivision, and the subdivider agrees to extend such main to the
subdivision of a size sufficient to serve the development or of a
size shown in the City's master wastewater plan, whichever is larger,
including construction of all necessary lift stations and force mains,
at his expense in accordance with standard City participation policies.
This requirement does not apply where the approach main is part of
a funded capital improvement project that the City has initiated consistent
with its adopted capital improvements plan for wastewater facilities.
Where the City is not collecting the sewage, the subdivider shall
provide assurances that wastewater mains shall be extended to serve
the subdivision prior to the time of final plat approval for the second
phase of a preliminary plat.
(3)
The subdivider shall demonstrate that the wastewater system serving
the development, other than approach mains to connect the development
to the sanitary sewer collection system, will be adequate at the time
of preliminary plat approval. The subdivider shall demonstrate that
each phase of the development shall be served by an adequate wastewater
system under this standard. The approach main shall be extended to
serve the entire development subject to a preliminary plat prior to
the time of final plat approval for the second phase of the preliminary
plat, unless the extension is part of a funded capital improvement
project that the City has initiated consistent with its adopted capital
improvements plan for wastewater facilities.
(e)
Adequacy
Where Utility Connection Not Required.
(1)
Where the source of the water supply for the proposed subdivision is groundwater under the land to be subdivided, the subdivider shall submit a certification prepared by an engineer or geoscientist licensed to practice in Texas that the groundwater supply is adequate to serve the subdivision in accordance with the standards in subsection (c).
(2)
Where the installation of wastewater facilities is not proposed or
required, the size of the subdivided lots shall meet the minimum lot
size standards of the zoning district in which the land is located,
and the City's minimum lot size requirements for individual disposal
facilities for land inside city limits, and the minimum lot size requirements
for individual disposal facilities for the County in which the land
is located for land in the City's extraterritorial jurisdiction. The
lot shall be of sufficient size for individual disposal facilities,
including the necessary lateral lines, and subdivider shall install
individual disposal devices for each lot at the same time improvements
are erected thereon. Any such individual sewage disposal system shall
be constructed in accordance with the state health department specifications
and subject to the approval of the City Engineer.
(f)
Oversized
Water and Wastewater Infrastructure.
The City may participate
in the cost of oversized water and wastewater mains, lift stations
and other facilities necessary to serve a proposed subdivision. “Oversized
mains” are mains with pipe sizes larger than eight (8) inches
in diameter, which are required by the City for future expansion of
the water and wastewater systems in conformance with the City's master
water and wastewater plans and that are not required to provide adequate
service to the proposed subdivision. “Oversized lift stations
and other facilities” are facilities with capacity in excess
of that required to provide adequate service to the proposed subdivision,
in conformance with the City's master water and wastewater plans.
Prior to beginning construction of any facility for which the City
is to participate in the cost thereof, the developer and the City
shall enter into a subdivision improvement agreement, in accordance
with section 2-5.
(g)
Pro
Rata Fees.
A subdivider or property owner that agrees
to construct a water or wastewater main or an associated facility
that on acceptance will become part of the City's water and wastewater
system and which supplies capacity to other existing or new developments,
may apply to the City to establish pro rata fees to be paid by other
users of the facilities and to reimburse the subdivider or property
owner a proportional amount of the costs of constructing such improvements.
(1)
Study Required.
The amount of the cost reimbursement
from pro rate fees for an improvement, if any, shall be based on engineering
cost estimates agreed upon in writing by the City Engineer and the
applicant, and verified in a study provided by the applicant. The
study shall aggregate the costs of associated improvements where feasible.
The City may establish guidelines for eligible costs to administer
the policy in this section. The study shall contain the following
minimum elements:
a.
identification of the area and all properties to be served by the
water or wastewater lines or associated facilities to be installed;
b.
identification of the costs of the facilities to be installed;
c.
apportionment of the costs of the facilities to be installed among
lots, tracts or parcels to be served by the improvements, based upon
capacity to be utilized by such properties, using accepted engineering
standards and practices;
d.
calculation of the maximum amount of the costs which are to be reimbursed
to the subdivider or property owner, net of costs attributable to
the subdivider's or property owner's utilization of capacity of the
lines or associated facilities; and
e.
calculation of a pro rata fee to be charged per unit of land that
is to be connected to the water or wastewater lines or associated
facilities.
(2)
Approval Process.
a.
The City Engineer shall review each request for cost reimbursement
from pro rata fees.
b.
The City Engineer may approve the study for cost reimbursement from
pro rata fees, with or without modifications, only if he determines
that:
(i)
The property to be served is in the water CCN area of the City, but
has not been included on the impact fee capital improvements plan
for that category of capital improvement;
(ii)
The size of each proposed line or facility complies with the
generally accepted engineer practices and other planning criteria
of the City and final design and routing will comply with the TCSS
Manual;
(iii)
The study proposing pro rata fees fairly apportions the extension
costs among prospective users of the facilities to be installed; and
(iv)
The proposed line or facility is a reasonable extension or addition
to the water and wastewater utility system.
c.
Requests which are not approved by the City Engineer, may be presented
to the City Council for further consideration[.]
d.
Upon approval of the request for reimbursement from pro rata fees,
any development on or user of property identified in the approved
fee study thereafter that connects to or utilizes the capacity of
the water or wastewater line or associated facility for which a pro
rata fee has been established shall pay the applicable fee. Pro rata
fees shall be collected by the City before construction commences
on any water or wastewater improvements to serve such land or before
connection to the facility, whichever first occurs.
(3)
Payment of Pro Rata Fees.
a.
For a period of ten (10) years following the City's acceptance of
the water line, wastewater line, or associated facility, the subdivider
or property owner shall be entitled to reimbursement from the proceeds
of the pro rata fees established pursuant to this section, up to the
maximum amount of the reimbursement established in the approved pro
rata fee study. The City may deduct two (2) percent of the amount
of pro rata fees collected from the amount of the fees reimbursed
to the subdivider or property owner as an administration fee.
b.
The City may establish one or more pro rata fee accounts for purposes
of administering the policies of this section. The City shall deposit
all pro rata fees collected pursuant to this section into such account(s).
Expenditures from such accounts shall be earmarked solely for reimbursement
of subdividers or property owners for the installation of water lines
or wastewater lines or associated facilities for which pro rata fees
have been established pursuant to this section.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Purpose
and General Policy.
(1)
New development within the urbanizing area must be supported by an
adequate network of thoroughfares.
(2)
Thoroughfares are an essential component of the City's street network
and are necessary to accommodate the continuing growth and development
of the City.
(3)
It is necessary and desirable to obtain rights-of-way for off-site,
abutting and internal thoroughfares to support new development at
the time of platting or development of the land.
(4)
There must be rough proportionality between the traffic impacts created
by a new development and requirements placed on the property owner
to dedicate and improve offsite, abutting and internal thoroughfare
rights-of-way to City standards.
(5)
The City desires to assure both that development impacts are mitigated
through contributions of thoroughfare rights-of-way and improvements
and that a development project contribute not more than its fair share
of thoroughfare costs.
(6)
It is the City's intent to institute a procedure to assure that mandatory
dedications of thoroughfare rights-of-way and thoroughfare construction
requirements are proportional to the traffic demands created by a
new development.
(7)
It is the intent of the City that a road adequacy determination be
made prior to approval of subdivision applications.
(b)
Minimum
Road Standards.
(1)
Applicability.
All subdivision applications shall provide
for adequate roads to support proposed development through compliance
with the following minimum standards governing dedication and improvement
of internal and adjacent thoroughfares. For purposes of this section
Adjacent thoroughfares shall include thoroughfares abutting the proposed
subdivision, whether located within the boundaries of the subdivision
or within public rights-of-way.
(2)
Standards and Specifications.
The property owner shall
dedicate and improve all rights-of-way for internal and adjacent thoroughfares
required by these regulations in accordance with the classification
of streets contained within the City's adopted thoroughfare plan.
(3)
Dedication and Improvement of Internal and Adjacent Thoroughfares.
Dedication and improvement of internal and adjacent thoroughfares.
For adjacent thoroughfares, the property owner shall dedicate and
improve one-half of the right-of-way necessary to meet the specifications
in the New Fairview Comprehensive Plan and Master Thoroughfare Plan.
The City may require additional land and improvements for rights-of-way
for adjacent thoroughfares where necessary to achieve adequacy of
the road network and where such additional land and improvements are
proportional to the traffic impacts generated by the proposed subdivision,
depending on factors such as the impact of the development on the
thoroughfare, the timing of development in relation to need for the
thoroughfare, and the likelihood that adjoining property will develop
in a timely manner. In the case of adjacent frontage or service roads
for state and federally designated highways, the property owner shall
dedicate sufficient right-of-way and make authorized improvements
in order to provide an adequate road network to serve the subdivision.
(4)
Substandard Street Improvements.
Where an existing thoroughfare
that does not meet the City's right-of-way or design standards abuts
a proposed new development, the City may require the property owner
to dedicate the right-of-way for a standard thoroughfare width, and
to improve the street according to the dimensions and specifications
in the thoroughfare plan, depending on factors such as the impact
of the development on the thoroughfare, the timing of development
in relation to need for the thoroughfare, and the likelihood that
adjoining property will develop in a timely manner.
(5)
Capital Improvements Plan for Roads.
A road improvement
may be considered adequate for a subdivision application if the required
improvement is included, funded, and approved in the City's, County's
or State's two-year capital improvements plan for roads, or if the
improvement is included, funded, and approved in the City's, County's
or State's three to five year capital improvements plan for roads,
provided that the applicant agrees to phase development to conform
to such scheduled improvement. This section shall not be construed
to prevent the City from requiring dedication of rights-of-way for
such roads, or from assigning trips to such roads in a traffic impact
study in order to determine a development project's proportionate
costs of improvements.
(6)
Participation in costs of improvements.
The City may
participate in the costs of improvements required by this section
in order to achieve proportionality between the traffic impacts created
by the proposed development and the obligation to provide adequate
roadways. In such cases, the property owner shall be responsible for
the entire initial costs of road improvements, including design costs.
Reimbursement of the City's agreed share of the costs shall be made
as funds become available. The construction of improvements and the
provisions for participation in costs by the City shall be included
in a subdivision improvement agreement.
(c)
Traffic
Impact Analysis.
(1)
Applicability.
This section applies to any non-residential
subdivision application for which proposed development generates traffic
in excess of 1000 average daily trips, based upon the latest edition
of the Institute of Transportation Engineers (ITE) Trip Generation
Manual. In the event that land uses for the development are not specified
at the time of subdivision application, the daily trip generation
rate shall be computed based upon the maximum land use intensity allowed
under the comprehensive plan for the land to be subdivided.
(2)
TIA Required.
Every subdivision application for a proposed
development that generates traffic in excess of 1000 average daily
trips, shall be accompanied by a traffic impact analysis based on
the ITE Manual, prepared in accordance with standard transportation
engineering practices for purposes of determining the adequacy of
the road network to serve the proposed development, and whether off-site
road dedication and improvements should be made to mitigate the effects
of the development proposed in the subdivision application.
a.
An initial traffic impact analysis shall be submitted with the preliminary
plat or first subdivision application for the development. An updated
traffic impact analysis shall be submitted with each final plat submitted
for approval and shall be generally consistent with the initial traffic
impact analysis. The initial traffic impact analysis shall be updated
whenever the preliminary plat is modified to authorize more intensive
development.
b.
The traffic impact analysis shall determine (1) trips to be generated
by the proposed development; (2) assignment of such trips to the road
network analyzed; (3) the capacity of affected thoroughfares before
and after the proposed development; (4) specific recommendations for
thoroughfare improvements and traffic control modifications needed
to mitigate the traffic from the proposed development and (5) the
development project's proportionate share of the costs of such improvements
and modifications.
(3)
City evaluation and action.
The City shall evaluate
the adequacy of the traffic impact analysis prepared by the applicant.
Based upon such evaluation, the City shall determine (1) whether the
application may be approved in the absence of dedication of rights-of-way
or construction of improvements to each affected thoroughfare and
(2) the extent of the applicant's obligations to make such dedications
or improvements. The City shall condition the approval of the subdivision
application on one or more of the following performances by the applicant:
a.
delay or phasing of development until thoroughfares with adequate
capacity or intersection improvements is constructed;
b.
a reduction in the density or intensity of the proposed development
sufficient to assure that the road network has adequate capacity to
accommodate the additional traffic to be generated by the development;
c.
the dedication or construction of thoroughfares or traffic control
improvements needed mitigate the traffic impacts generated by the
proposed development.
(4)
Deferral of Obligation.
Upon request of the applicant
or property owner, the obligation to dedicate or improve thoroughfare
rights-of-way or to make intersection improvements imposed on a subdivision
application may be deferred to a later stage of the development process.
As a condition of deferring the obligation to dedicate rights-of-way
for or to improve thoroughfares, which deferral shall be in the sole
discretion of the City, the City shall require the developer to execute
a subdivision improvement agreement specifying the amount and timing
of the rights-of-way dedication or improvements to thoroughfares.
(5)
Cash contributions.
In lieu of the obligation to dedicate
or improve thoroughfares or make traffic control improvements to achieve
road adequacy, the applicant may propose to make equivalent cash contributions
based upon the development project's proportionate share of the costs
of improvements, which the City in its sole discretion may accept
in satisfaction of road adequacy standards in this section. Any funds
accepted by the City shall be earmarked for construction of the improvements
for which the contribution was made.
(6)
Options.
Whenever the proposed development's share of
the costs of a thoroughfare or traffic control improvement needed
to mitigate traffic generated by the development is less than 100%,
the City in its sole discretion may do the following:
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
System
Improvements.
Storm drainage facilities shall include
all elements of a drainage system consisting of streets, alleys, storm
drains, channels, culverts, bridges, swales and any other facility
through which or over which storm water flows, all of which the City
must have a right in, either in the form of a dedicated right-of-way,
floodway or drainage easements. The developer shall be responsible
for the necessary facilities to provide drainage patterns and drainage
controls such that properties within the drainage area, whether upstream
or downstream of the development, are not adversely affected by storm
drainage from facilities on the development. Drainage facilities shall
be designed and constructed at such locations and of such size and
dimensions to adequately serve the development and the contributing
drainage area above the development. The developer shall provide all
the necessary easements and right-of-ways required for drainage structures
including storm drains and open channels, lined or unlined.
(1)
Easement widths for storm drain pipelines shall not be less than
fifteen (15) feet, and easement widths for open channels shall be
at least fifteen (15) feet wider than the top width of the channel.
In all cases, easements shall be of an adequate size to allow proper
maintenance.
(2)
Storm drainage released from the site will be discharged to a natural
water course or storm sewer system of an adequate size to convey the
100-year storm runoff expected after development.
(3)
An adequate storm sewer system consisting of inlets, pipes and other
underground structures with approved outlets shall be constructed
where runoff of storm water and the prevention of erosion cannot be
accomplished satisfactorily by surface drainage facilities. 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.
(b)
Creeks.
All creeks and drainage areas shall be preserved and protected
in their natural condition wherever possible, unless significant storm
drainage improvements are required by the City in these areas. All
development adjacent to creeks and drainage areas shall be in accordance
with the City's TCSS Manual, and with any other City policies or ordinances
related to public access or recreational use of waterways.
(c)
Oversizing.
Off-site improvements may be required to carry the additional
flows caused by the proposed development. The developer shall be fully
responsible for the construction of off-site drainage improvements
necessary to serve the subdivision or development and the surrounding
area, unless other arrangements are approved by the City Council and
subject to cost participation by the City.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
General
Requirements.
The design and construction of the water
distribution system to serve the development shall be in accordance
with good engineering principles, with the standards in this section,
the Standard Specifications for Construction and the TCSS Manual and
with the requirements of the Texas Commission on Environmental Quality
(TCEQ). All off-site water mains shall be sized and located to conform
to projected demands in accordance with the current Water Master Plan
and the computer model with regard to the impact of each development
on the existing and proposed water distribution system. No construction
shall commence prior to the approval of the plans and specifications
by the City.
(b)
Size
of Mains.
All facilities shall be of sufficient size
to provide adequate capacity for ultimate development. The pipelines
shall be sized to meet the maximum instant domestic requirements plus
an appropriate allowance for fire protection water. The design criteria
for water demand shall be submitted to the City with the plans and
specifications. The City reserves the right to require larger pipelines
than required for the proposed development in order to provide capacities
for areas outside the development. The developer will be responsible
for construction of water lines adjacent to his property in accordance
with the latest Water Master Plan or as required by the City Engineer.
(1)
The minimum pipeline size to serve residential areas shall be six
inches (6") in diameter, and the minimum pipeline size serving commercial,
business, industrial, etc. shall be eight inches (8").
(2)
In general, all lines shall be looped with no dead-ends. Dead-end
lines will be allowed only upon approval by the City and shall be
furnished with a flush valve arrangement.
(c)
Connections
to Existing Distribution System.
Connections to the City's
existing system will be allowed only at locations where there is sufficient
quantity and pressures available to meet the projected requirements
of the development. In general, the connections to the existing distribution
system shall be made in such a manner to keep “shut-downs”
to a minimum. Preference should be given to a tapping valve connection.
(d)
Oversizing.
In a proposed development where City water is not adjacent to
the property but is accessible, the developer shall provide, at his
expense, an off-site water main of sufficient size to serve his development
or as shown on the City's Water Master Plan, which ever is larger.
The City may participate in the costs of oversizing or establish pro-rata
fees for the oversize of the required line. The City participation
must be approved by the City Council.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
General
Requirements.
The design and construction of the wastewater
collection system to serve the development shall be in accordance
with good engineering principles, standards in this section, the Standard
Specifications for Construction, the TCSS Manual and the requirements
of the TCEQ. No construction shall commence prior to the approval
of the plans and specifications by the City of New Fairview. All wastewater
mains and lift stations shall be sized and located to conform to the
projected flows in accordance with the latest sanitary Wastewater
Master Plan.
(b)
Size
of Mains.
All facilities shall be of sufficient size
to provide adequate capacity for the ultimate development. The wastewater
lines shall be sized to meet the peak-day dry weather flow plus an
appropriate allowance for infiltration of storm water. The minimum
wastewater main size for all developments shall be six inches (6")
in diameter. The design criteria and calculation shall be submitted
to the City with the plans and specifications. The City may require
oversizing of a main in order to provide capacities for areas outside
of the development.
(c)
Connections
to Existing Wastewater Collection System.
In a proposed
development where City wastewater facilities are not adjacent to the
property but are accessible, the developer shall provide, at his expense,
an off-site wastewater interceptor of sufficient size to serve his
development and the contributing service area (using fully developed
flows).
(d)
Oversizing
of Lift Stations and Force Mains.
All lift station design
plans and specifications shall be submitted to the City Engineer and
TCEQ for review and approval prior to construction. Developments which
increase the flow to existing lift stations will be subject to a pro-rata
fee if sufficient capacity is available in the existing lift station
or will be required to increase the capacity of the existing facility
if sufficient capacity is not available. Lift stations and force mains
shall be designed and built for the upstream drainage area assuming
fully developed conditions. This will include off-site areas if applicable.
Developers are responsible for the construction of regional lift stations
and force mains, per the Wastewater Master Plan. Developers may request
establishment of pro-rata fees for oversizing of lift stations and
force mains, in accordance with the provisions of section 3-2(g).
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
General
Requirements.
The arrangement, alignment and layout of
all streets shall conform to the design principles and goals of the
City of New Fairview Strategic Master Plan and Thoroughfare Plan,
and shall be considered in their relation to existing and planned
streets or driveways (whether within the City of New Fairview, within
its ETJ area, or within adjacent municipal or County areas), to topographical
conditions, to public safety, and in their appropriate relation to
the proposed uses of the land to be served by such streets. The following
shall be considered when approving designs and layouts of local streets
in the interior of subdivisions:
(1)
Collector and local streets within residential subdivisions, including the placement of cul-de-sacs, shall be designed in agreement with the “Neighborhood Concept” as presented in the City of New Fairview Strategic Master Plan, and shall contain, where feasible, the curvilinear characteristics defined in Chapter 2 Growth Strategies and Design Approaches. Consequently, cul-de-sacs shall be considered as being an appropriate application within the curvilinear design pattern of subdivisions.
(2)
Collector streets shall be required to provide connections to adjacent
undeveloped property to facilitate neighborhood circulation.
(3)
Grid street patterns may be permitted for New Urbanism or Neotraditional Development as defined in said Chapter 2 Growth Strategies and Design Approaches.
(4)
Streets shall be designed to conform to existing or proposed driveway
openings (including those on the other side of an existing or planned
median-divided arterial, in which case new streets shall align with
such driveway openings such that median openings can be shared).
(5)
To the greatest extent possible, the number of lots fronting along
residential collector streets shall be minimized in order to ensure
adequate traffic safety and efficiency. No more than twenty percent
(20%) of the total centerline length of a collector street may have
residential lots fronting onto the collector on each side of the street.
(6)
Reserve strips controlling access to streets shall be prohibited.
(7)
A cul-de-sac street shall not be longer than six hundred feet (600'),
and at the closed end shall have a turnaround bulb with an outside
pavement diameter of at least eighty feet (80') and a right-of-way
diameter of at least one hundred feet (100'). The length of a cul-de-sac
shall be measured from the centerline of the intersecting street to
the centerline of the cul-de-sac bulb.
(8)
A street intersection with a major thoroughfare shall be at a ninety-degree
(90°) angle and shall be tangent to the intersecting street for
at least one hundred feet (100'). All other street intersections shall
be laid out so as to intersect as nearly as possible at a ninety degree
(90°) angle or radial to the centerline of the intersecting street
for the full right-of-way of the intersecting street, and tangent
to the intersecting street for at least fifty feet (50'). No street
shall intersect at an angle that is less than eighty-five degrees
(85°).
(9)
The applicant may receive relief from the design criteria of the
curvilinear pattern in the event that it is determined not to be feasible
to develop in accordance with these design principles. However, facts
and data must be submitted supporting such relief and must be approved
by the City Council.
(b)
Access.
All subdivisions must have at least two (2) points of vehicular
access, and must be connected via improved roadways to the City's
improved thoroughfare and street system by one or more approach roads
of such dimensions and improved to such standards as are hereinafter
set forth. Requirements for dedication of right-of-way and improvement
of approach roads may be increased depending upon the size or density
of the proposed development, or if such need is demonstrated by traffic
impact analysis.
(1)
“Two (2) points of vehicular access” shall be construed
to mean that the subdivision has at least two (2) improved roads accessing
the subdivision from the City's improved thoroughfare system, and
the subdivision has at least two (2) road entrances. The City Council
may, at its discretion and upon a finding that such will not compromise
public safety or impede emergency access, accept a single median-divided
entrance from the City's improved thoroughfare system provided that
the median extends into the subdivision for an unbroken length of
at least two hundred feet (200') to an intersecting internal street
which provides at least two (2) routes to the interior of the subdivision.
For example, the entrance street is not a dead-end or cul-de-sac,
and it does not create a “bottleneck” allowing only one
emergency route into the interior of the subdivision.
(2)
The subdivision shall be designed to provide adequate emergency access
for public safety vehicles. Each residential lot in the subdivision
shall have a minimum frontage on a dedicated public street as required
by applicable zoning or thirty-five feet (35'), whichever is greater,
unless other provisions have been authorized through planned development
approval.
(c)
Slope
Easements.
The dedication of easements, in addition to
dedicated rights-of-way shall be required whenever, due to topography,
additional width is necessary to provide adequate earth slopes. Such
slopes shall be no steeper than three feet (3') horizontal run to
one foot (1') vertical height, or a three-to-one (3:1) slope.
(d)
Street
Construction.
All streets and thoroughfares shall be
constructed and paved to City standards and within rights-of-way as
required by the Thoroughfare Plan and this Ordinance, and in accordance
with the TCSS Manual and other City standards as may be from time
to time amended or adopted.
(e)
Intersection
Improvements and Traffic Control Devices.
Intersection
improvements and traffic control devices shall be installed as warranted
in accordance with the traffic impact analysis required by section
3-3, or as may be required by the City for traffic safety and efficiency.
Construction and design standards shall be in accordance with City
standards and the TCSS Manual.
(f)
Median
Openings, Width, Location and Spacing.
Arterial thoroughfares
in New Fairview shall have raised medians. Arterials having two-way
left turn lanes may be utilized only in special circumstances with
the approval of a waiver by the City Council. Median openings at intersections
shall be from right-of-way to right-of-way of the intersecting street,
unless otherwise approved by the City Engineer. The width of mid-block
median openings shall not be less than 60 feet, or greater than 70
feet.
(g)
Alleys.
Alleys shall be provided in all residential areas and shall
be paved with concrete. No alley may be over 1,000 feet long. Alleys
may be required in commercial and industrial districts. The City may
waive this requirement where other definite and assured provisions
are made for service access such as off-street loading, unloading
and parking consistent with and adequate for the uses proposed. The
minimum right-of-way width of an alley shall be twenty (15) feet.
Dead-end alleys shall not be permitted. The City may waive this requirement
where such dead-end alleys are unavoidable and where adequate turnaround
facilities have been provided. Adequate provisions shall be made at
all intersections in order that equipment, such as garbage collection
vehicles and maintenance vehicles, can maneuver the corners. The interior
edge of the pavement, at the corners, shall have a minimum radius
of thirty (30) feet. The exterior edge of the pavement, at the corners,
shall have a minimum radius of twenty (20) feet. The right-of-way
limits shall be expanded, if necessary, beyond the minimum requirement
in order to include all of the paved section and utilities within
the, right-of-way of the alley. Alley turnouts shall be paved to the
property line and shall be fifteen (15) feet wide at that point. All
alleys shall have a minimum of twelve (10) feet of paved concrete
roadway.
(h)
Driveways.
(1)
Residential.
Residential driveways to serve single car
garages shall not be less than twelve (12) feet or for two car garages,
carports and/or storage areas shall be not less than eighteen (18)
feet or more than twenty-four (24) feet in width at the property line.
The width of the driveway will be larger at the garage for a three
car (width to be twenty-eight (28) feet) or larger garage (case by
case basis). Residential driveways shall be separated from one another
by a distance of at least ten (10) feet.
(2)
Multi-Family and Non-Residential.
Driveways providing
access to multi-family or non-residential uses shall generally have
widths between twenty four (24) and forty five (45) feet when measured
at their narrowest point near, or at, the property line. The minimum
radius for these uses shall be twenty-five (25) feet.
(i)
Street
Lights.
All developments shall be provided with streetlights.
In, general, lights should be located at street intersections and
at intervals no greater than four hundred (400) feet apart. Streetlights
should be the equivalent of 175-watt mercury vapor fixtures on minor
residential streets. All collector and arterial, or commercial streets
shall have sodium vapor fixtures with a minimum wattage of 250 or
400 watts as directed by the City.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Stormwater
Management Plan.
All new subdivisions shall provide a
complete stormwater management plan as part of the final engineering
drawings. The plan shall include, but not be limited to, the following:
a complete review of all on-site, upstream and downstream drainage
within the impacted watershed; determination of all on-site and downstream
drainage facility improvements expected from the increased runoff
from the proposed development and future upstream and downstream developments;
and calculations necessary to determine compliance with the design
standards in this section and the TCSS Manual. The plan shall assume
intensities of use allowed under current zoning or land uses identified
in the future land use element of the Comprehensive Plan (whichever
generates the greatest storm water runoff), with maximum development
considered throughout the watershed. The storm drainage plan shall
show all necessary improvements with flow data provided at each point
of interception of water.
(1)
As part of the stormwater management plan, the developer shall show
a lot grading plan to direct all water to proper intersection points
avoiding cross flow of water from lot to lot.
(2)
All upstream discharge shall be intercepted and carried through the
proper intersection points avoiding cross flow of water from lot to
lot. All upstream discharge shall be intercepted and carried through
the proposed development in compliance with the standards in this
section and the TCSS Manual.
(b)
Compliance
Required.
The developer shall provide plans and specifications
and design calculations for all drainage structures. The design, size,
type and location of all storm drainage facilities shall be subject
to the approval of the City Engineer. The requirements set forth in
the design standards and in the TCSS Manual are considered minimum
requirements. The developer and his engineer shall bear the total
responsibility for the adequacy of design. The design flows for the
drainage system shall be calculated by the Rational Method in accordance
with the requirements set forth in this document. Curbs, inlets, manholes,
etc. shall be designed and constructed in accordance with the TCSS
Manual. Materials and construction procedures shall conform to the
requirements of the Standard Specifications for Construction.
(c)
Lot
Drainage and Grading Plan.
All lots shall be graded at the time of development in accordance with the lot drainage and grading plan. All grading shall not exceed a slope of 3 to 1 unless approved by the City Engineer. In applicable situations, the City Engineer may require 4 to 1 slope or greater. The builder at the time of permit application shall furnish a grading plan in compliance with the appropriate chapter of the building code adopted by the City, the grading plan for the development and the storm drainage plan approved for that particular development. If the re-grading of a lot is necessary, the builder shall be required to furnish a new drainage plan indicating the diversion and rerouting of the affected storm water. When the re-grading of a lot prevents the drainage from flowing to the proper structures as designated in the drainage plan, then the builder will furnish a registered engineer's review for adequacy of existing structures to which the water is diverted. If improvements are necessary to provide for adequate drainage due to re-grading of a lot, then the improvement must be made at the builder's expense before a grading permit or other permits for construction will be issued by the City. The City Engineer will review the information submitted for compliance with the approved grading and drainage management plan.
(d)
Erosion
Controls.
Approved erosion controls shall be provided
as part of the development construction on any or all lots within
the development to protect the drainage, lot development and adjacent
property. All open channels that are not concrete lined shall be designed
to prevent erosion. Temporary erosion control methods shall be used
to abate sediment runoff from construction sites. The application
of control devices can yield significant water quality and drainage
benefits at a minimal cost to the developer. The erosion control measures
can be grouped as barriers, filter devices, or routing devices.
(e)
Easements.
Easement widths for storm drain pipelines shall not be less
than fifteen (15) feet, and easement widths for open channels shall
be at least fifteen (15) feet wider than the top width of the channel.
In all cases, easements shall be of an adequate size to allow proper
maintenance.
(Ordinance 2011-03-161 adopted 6/21/11)
Sidewalks and Pedestrian Pathways. Sidewalks
adjacent to local roadways and pedestrian pathways within parks and
open spaces shall be constructed within the interior of all subdivisions.
The following policy shall govern the construction of all sidewalk
and pedestrian pathway improvements within the city:
(a)
A pedestrian
“connectivity” plan shall be provided on the preliminary
plat. The lot layout of the final plat shall reflect this plan.
(b)
The
connectivity plan shall designate a pedestrian route through the subdivision
that permits linkage to the designated park linkage system. Special
street treatment utilizing pavers stamped concrete and painting shall
identify designated crosswalks located on the pedestrian connectivity
route. Painting shall not be the primary feature of the designated
crosswalks.
(c)
Green
space and open space entrances and corridors used for the pedestrian
connectivity route shall be at a minimum no less than thirty (30)
feet in width.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
The
minimum width for City utility easements shall be fifteen feet (15')
or as otherwise required by the City Engineer. The minimum width for
City drainage easements shall be as required by the City Engineer.
The width of easements for other utility providers, such as for gas,
electric, telephone or cable television, shall be as required by that
particular entity. It shall be the applicant's responsibility to determine
appropriate easement widths required by other utility companies. Wherever
possible, easements shall be centered or along front or side lot lines
rather than across the interior or rear of lots, particularly where
no alleys will be provided behind the lots.
(b)
Where
a subdivision is traversed by a watercourse, drainageway or channel,
there shall be provided a storm drainage easement or right-of-way
conforming substantially with such course and of such additional width
as may be designated by the City Engineer, subject to determination
according to proper engineering considerations. The required width
shall conform to the requirements set forth by the Federal Emergency
Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or
the City. Parallel streets or parkways may be required adjacent to
certain portions of creek or drainageways to provide maintenance access
and/or public access and visibility into public open space or recreation
areas. The number of lots that back or side onto creeks, drainageways,
public parks and open spaces, and public school sites shall be limited
as required to provide public access, visibility, safety and security
within these areas are maximized. Other utilities may be permitted
within a drainage or floodway easement only if approved by the City
Engineer.
(c)
The
area of a lot shall be computed inclusive of all easements. However,
there shall be a minimum buildable area, exclusive of required easements,
buffer zones and setbacks for each lot. The minimum buildable area
shall be an area one-half of the required minimum lot size, where
applicable.
(d)
Where
alleys are not provided in a residential subdivision, a minimum ten-foot
(10') utility easement shall be provided along the front of all lots,
adjacent to and flush with the street right-of-way line for the potential
placement of utility facilities.
(e)
All
necessary on-site easements shall be established on the subdivision
plat and not by separate instrument, and they shall be labeled for
the specific purpose, and to the specific entity if other than the
City, for which they are being provided.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Lot
size and dimensions shall conform to the minimum requirements of the
established zoning district, if located within the City's corporate
limits, or where applicable, to the standards in a valid and approved
development agreement within the City's extraterritorial jurisdiction.
(b)
Each
lot on a subdivision plat shall front onto a dedicated, improved public
street. In all cases, single-family residential lots shall have a
minimum of thirty-five feet (35') of frontage, and non-residential
lots shall have a minimum of fifty feet (50') of frontage, along a
dedicated, improved street.
(c)
Irregular-shaped
lots shall have sufficient width at the building line to meet lot
width and frontage requirements, and shall provide a building pad
without encroachment into front, side or rear yard setbacks or into
any type of easement. The rear width shall be sufficient to provide
access for all necessary utilities, including access for driveways
and solid waste collection when alleys are present (minimum 20-foot
alley frontage). Triangular, greatly elongated or tapered, “flag”
or “panhandle” lots shall be prohibited.
(d)
Side
lot lines shall be at ninety-degree (90°) angles or radial to
street right-of-way lines to the greatest extent possible.
(e)
Double
frontage lots shall be prohibited, except where they may be essential
to provide separation of residential development from traffic arterials,
or to overcome a specific disadvantage or hardship imposed by topography
or other factors. Where lots have doublefrontage, building setback
lines shall be established for each street side. A residential lot
shall not back onto any residential street or collector street within
a residential area or neighborhood, and shall not have more than one-half
of its perimeters along streets.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
The
length, width and shapes of blocks shall be determined with due regard
to:
(1)
Provision of adequate building sites suitable to the special needs
of the type of use contemplated;
(2)
Zoning requirements as to lot sizes, setbacks and dimensions (if
within the City's corporate limits) or, where applicable, standards
specified in a valid and approved development agreement; and
(3)
Needs for convenient access, circulation, control and safety of street
traffic and for pedestrians or bicyclists traveling to a public park
or school site or other facility within or close to the neighborhood.
(b)
Intersecting
streets, which determine the lengths and widths of blocks, shall be
provided at such intervals as to serve cross-traffic adequately, to
provide adequate fire protection, and to conform to customary subdivision
practices. Where no existing subdivision or topographical constraints
control, the blocks shall not be more than twelve hundred feet (1200')
in length; however, in cases where physical barriers or property ownership
creates conditions where it is appropriate that these standards be
varied, the length may be increased or decreased (through approval
of a waiver by the City Council) to meet the existing conditions having
due regard for connecting streets, circulation of traffic and public
safety. Block arrangements must provide access to all lots.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Perimeter
Landscaping.
Trees and shrubs shall be planted in the
public rights-of-way of streets Identified as being an arterial street
and all collector streets within the subdivision and along its perimeter
as follows:
(1)
Trees shall be located on an average of twenty-five feet (25') on
center for each forty foot (40') of street frontage, and shall have
a minimum caliper of three inches when measured twelve inches (12")
above natural grade.
(2)
Shrubs shall be located on an average of four (5) shrubs for each
forty foot (40') of street frontage, and shall be a minimum of five
(5) gallons in size and a minimum of three foot (3') high at the time
of planting.
(3)
Upon approval at the time of platting, trees and shrubs may be clustered
to create a more natural appearance.
(4)
Trees located in the rights-of-way shall not be arranged in a manner
to interfere with traffic flow or traffic view. The decision of the
City's Engineer shall be final for questions regarding traffic view
or traffic safety.
(5)
No trees or vertical plants shall be permitted within five feet (5')
of any fire hydrant.
(6)
The subdivider shall be responsible to maintain all new trees and
shrubs located within the rights-of-way of public streets for a period
of one year from the date of installation. Any tree or shrub that
dies during this one-year period shall be replaced by the subdivider
with an identical species and size of tree or shrub, or a substitute
species as approved by the City Administrator or his/her designee.
(Ordinance 2011-03-161 adopted 6/21/11; Ordinance
202212-01-101 adopted 1/3/2023)
Subdivisions shall include, at a minimum, one entry feature
at the main entry to the subdivision, which shall be designated on
the final plat. Such entry feature shall include the following:
(a)
Each
entry feature shall be no more that eight feet (8') in height and
shall be integrated into the design of any decorative masonry wall
or open, perimeter fence.
(b)
All
entry features must have a minimum landscaped area of two (2) square
feet for each linear foot of the horizontal length of the entry feature.
Landscape materials shall be native or naturalized, low maintenance
and draught tolerant species as approved at the time of platting.
In no case shall plant species be used that would typically grow to
a height or width that would require frequent and regular pruning
or trimming.
(c)
All
landscaping of entryways shall be provided with an automatic irrigation
system.
(d)
Illumination
of entry features, when provided, shall be ground mounted with uplighting
that shall not spill onto any adjacent property.
(e)
Entry
features may include the name and/or logo of the subdivision but must
be approved at the time of platting of the property.
(f)
Entry
features shall not interfere with traffic flow or traffic view. The
decision of the City's Engineer shall be final for questions regarding
traffic view or traffic safety.
(Ordinance 2011-03-161 adopted 6/21/11)
(a)
Purpose.
The purpose of this section is to provide for neighborhood parks
as a condition of subdivision development in the City of New Fairview.
The City Council of the City of New Fairview hereby finds as follows:
(1)
Recreational areas, in the form of neighborhood parks, are necessary
and in the public welfare, and that the only adequate procedure to
provide for same is by integrating such a requirement into the procedure
for planning and developing property as a residential subdivision
in the City of New Fairview, whether such development consists of
new construction on previously vacant land or rebuilding and redeveloping
existing residential areas.
(2)
Neighborhood parks are those parks providing for a variety of outdoor
recreational opportunities and within convenient distances from a
majority of the residences to be served thereby, the standards for
which are set forth in the New Fairview Parks, Recreation and Open
Space Master Plan.
(3)
The cost of neighborhood parks should be borne by the ultimate residential
property owners who, by reason of the proximity of their property
to such parks, shall be the primary beneficiaries of such facilities.
(b)
(Reserved)
(c)
Authority.
This section is enacted in accordance with the Home Rule powers
of the City of New Fairview, granted under the Texas Constitution
and statutes of the State of Texas.
(d)
Applicability.
(1)
This section shall apply to any division or development of land for
residential use.
(2)
Any dedication for parks and public open space areas shall be clearly
designated on the preliminary plat and the final plat, and shall be
subject to approval by the City's Park Board and by the City Council.
(e)
Developer's
Obligation.
Prior to a filing a final plat with the Clerk of the County in which the residential development is located, the subdivider shall dedicate one (1) acre of land for neighborhood parks for each 75 proposed dwelling units, or pay an equivalent fee in lieu ofdedication, as provided in subsection (g). As used in this section, a “dwelling unit” means each individual residence, including individual residences in a multi-family structure, designed and/or intended for inhabitation by a single family. Population shall be calculated based upon 2.75 persons per dwelling unit.
(f)
Determination
of Suitability.
The City Council shall determine the suitability of land proposed to be dedicated as a neighborhood park, upon the recommendation of the Parks Board, and taking into consideration the following factors. If the City Council determines that land proposed for neighborhood park dedication is unsuitable in whole or part, it may require payment of park fees in lieu of land dedication, as set forth in subsection (g), require a combination of land dedication and payment of fees, or condition plat approval on a different configuration of park land within the proposed development.
(1)
Character of area:
(i)
Any area primarily located in the 100 year flood plain.
(ii)
Any areas of unusual topography or slope which renders same unusable
for organized recreational activities.
(iii)
Drainage areas may be accepted as part of a park if the channel
is to remain predominantly in its natural state or constructed in
accordance with City engineering standards, if no significant area
of the park is cut off from access by such channel, if not less than
five (5) acres of the site is above the 100 year flood plain, or if
the dedication is in excess of ten (10) acres, not more than fifty
percent (50%) of the site should be included in the 100 year flood
plain.
(2)
Size of park.
For purpose of this section an area of
land less than five (5) acres presumptively is impractical for neighborhood
park purposes.
(3)
Access.
Each park shall have pedestrian and vehicular
access from one or more public streets. Street frontage shall be required
to assure public access to park land.
(4)
Proximity of existing park land.
Land dedication may
be unsuitable if there are sufficient parks already in the public
domain for the area of the proposed development, or if the recreation
potential for that area would be better served by expanding or existing
neighborhood parks.
(5)
Drainage.
The park land shall have adequate drainage,
as determined by the City Public Works Director, who shall review
all construction plans for any detention or retention proposed to
be built on the land to be dedicated.
(6)
Trash removal.
The subdivider shall remove all trash,
effuse and waste materials from the dedicated park land prior to acceptance
by the City.
(g)
Fees
In Lieu of Land.
(1)
At the City Council's option, the subdivider or developer shall satisfy
in whole or in part the requirements of this section for neighborhood
parks by paying a fee in lieu of land dedication. The City Council
from time to time may promulgate a schedule of in lieu fees. In the
absence of a fee schedule, the cash payment in lieu of land dedication
per acres shall be determined by taking the fair market value of one
(1) acre of land, derived from the average of three separate, unimproved
one-acre parcels of land that are deemed to be comparable to the land
being subdivided within reasonable proximity to the land being platted.
(2)
Such payment in lieu of land shall be made prior to final plat approval,
or may be deferred until the time of application for a building permit.
(h)
Special
Fund and Right to Refund.
(1)
All fees in lieu of dedication collected under this section shall
be deposited in the City of New Fairview's Neighborhood Park Land
Fund and used solely for the purchase, lease or other acquisition
of neighborhood park land, site preparation, and installation of utilities.
All expenditures from the said Fund shall be authorized by the City
Council. Funds must be spent within one (1) mile of the subdivision
from which the fees are collected. In the event the City subsequently
designates neighborhood park benefit areas, existing funds may be
reasonably allocated among such service areas proportional to the
benefits received and thereafter shall be earmarked for expenditure
within such benefit areas.
(2)
The City of New Fairview shall account for all fees paid into the
Neighborhood Park Land Fund. Any monies paid into the Fund must be
expended by the City of New Fairview within ten (10) years from the
date collected by the City. Such funds shall be considered to be spent
on a first in, first out basis in a particular park service area.
If not so expended within the ten (10) year period, the owners of
the property will, on the last day of such period, be entitled to
a refund of the remaining fees. The current owners of the property
within the subdivision must request such a refund within one (1) year
of entitlement, in writing, or such right is waived.
(Ordinance 2011-03-161 adopted 6/21/11)
All utilities within a residential development shall be placed
underground. Utilities are defined for this purpose as water pipelines,
wastewater pipelines, storm water pipelines, natural gas pipelines,
telephone wires, cable TV wires and electric wires. In case of special
or unique circumstances, the City Council may grant waivers to this
requirement. Any request for a waiver should be submitted in writing
to the City of New Fairview setting forth the justification.
(Ordinance 2011-03-161 adopted 6/21/11)
