This article shall be known as the reserved right-of-way regulations. The reserved right-of-way regulations acknowledge and respond to the impact that construction of improvements in a right-of-way can have upon the city’s efforts to provide adequate roadways necessary to accommodate traffic generated by new development.
(1998 Code, sec. 9.1101)
The requirements of this article shall become applicable to each individual lot at such time as an application on such lot is made for one of the following:
(1) 
Zoning or rezoning initiated by the property owner;
(2) 
Preliminary plan or final plat;
(3) 
Site plan.
(1998 Code, sec. 9.1102)
Nothing in these regulations shall prevent the city from establishing building lines along specified roadways pursuant to state law, whereupon the provisions of this article relating to the reservation of right-of-way and the waiver procedures of this article shall be of no further force and effect for properties within such corridor.
(1998 Code, sec. 9.1103)
(a) 
The city hereby reserves right-of-way along each roadway designated in the roadway plan or in an established capital improvement project located within the planning jurisdiction of the city. The extent and general location of the reserved right-of-way shall be as set forth in the roadway plan or established capital improvement project.
(b) 
No structure shall be erected nor shall improvements be made in reserved right-of-way except as provided in this section.
(c) 
All setbacks required by the zoning and subdivision ordinance shall be measured from the reserved right-of-way, unless a waiver from the provisions of this section is obtained.
(d) 
The alignment shall be based upon the designated alignment in the roadway plan or capital improvement project, and upon appropriate engineering criteria such as grades, curvature and existence of floodplains. In areas designated for state roadway projects, alignment may be established by the Texas Department of Transportation. For an existing or platted street, the alignment shall be based upon the existing centerline established before additional dedications from the opposite side, unless the center line of the street is proposed to be shifted from its present alignment, in which case the proposed centerline shall be the basis for dedication and reservation. If the alignment cannot be determined in manner described in the preceding sentences of this subsection, the reserved right-of-way shall be established equally on each side of the center line of an existing roadway.
(1998 Code, sec. 9.1104)
(a) 
If the director of planning determines that all or a portion of the right-of-way is needed to accommodate additional traffic expected to be generated by the proposed development, right-of-way shall be dedicated in accordance with the following standards:
(1) 
For a roadway subject to reserved right-of-way under which is internal to a proposed subdivision or development project, a total right-of-way width of up to one hundred fifty (150) feet shall be dedicated.
(2) 
For an existing or proposed roadway subject to reserved right-of-way which abuts a proposed subdivision or development project, up to fifty percent (50%) of the total right-of-way requirement (measured from the centerline established according to this section) shall be dedicated. If the total right-of-way width specified in the roadway plan equals or exceeds one hundred-fifty (150) feet, no more than seventy-five (75) feet of reserved right-of-way width is required to be dedicated.
(b) 
Additional dedication of right-of-way may be required for streets not subject to reserved right-of-way where the streets do not meet the standards set forth in the Transportation Criteria Manual or are necessary to accommodate traffic generated by the proposed development.
(c) 
With the approval of the director of planning, dedication required at one stage of the development process may be deferred until a later stage, including but not limited to building permit, provided that all dedication requirements are completed prior to the release of the subsequent application.
(d) 
In addition to the dedication of right-of-way, the city may require the construction of a roadway improvement or may assess a fee instead of requiring construction of a roadway improvement to offset the traffic effects generated by a proposed development.
(Ordinance CO03-06-01-26-3C, sec. 2, adopted 1/26/06)
Whenever an application proposes the erection of structures or the construction of improvements in reserved right-of-way or in a required setback from reserved right-of-way, and the applicant has not executed an agreement pursuant to section 16.02.005, the applicant must include a request for a waiver from the reservation requirements of this article.
(1998 Code, sec. 9.1106)
By specific agreement, the city may authorize the use of reserved right-of-way for temporary structures or improvements, including parking areas, detention ponds, landscaping, and signs. The agreement shall require that code requirements governing the need for and use of such improvements shall be satisfied upon removal of such improvements from the right-of-way. The agreement shall include, without limitation, an expiration date for the use of the right-of-way, the method of notification to the property owner for replacement of the temporary improvements, and sanctions if the improvements are not replaced.
(1998 Code, sec. 9.1107)
The owner of property reserved for right-of-way who has not filed an application for the construction of improvements in the reserved right-of-way may apply for a waiver from the reservation requirements of this article if fifteen percent (15%) or more of the property is or would be subject to the reservation requirements under section 16.02.005. A waiver, if granted, shall be effective until the city determines that acquisition of the reserved right-of-way is feasible.
(1998 Code, sec. 9.1108)
(a) 
Upon receipt of the waiver request and after determination that the application is complete, if an application has been filed, the director of planning shall establish the alignment of all roadways pursuant to section 16.02.005 and, if an application has been filed, shall apply the dedication standards pursuant to section 16.02.006. When the application is for an area designated as a state roadway project, the director of planning shall notify the Texas Department of Transportation that a request for a waiver has been filed and, if applicable, an application has been filed proposing construction in a reserved right-of-way or setback from reserved right-of-way, and shall request field notes from the Texas Department of Transportation. If the proposed structure of improvement lies in reserved right-of-way which must be dedicated, the director shall require that the application be amended consistent with dedication requirements. In all other cases, the director shall report to the director of public works that:
(1) 
The dedication requirements have been applied to the application and that a request for waiver in order to erect structures or construct improvements in the right-of-way has been made; or
(2) 
That a request for waiver from the reservation requirements of this section has been made in the absence of an application and that fifteen percent (15%) or more of the property is or would be subject to the reservation requirements of this section.
(b) 
As soon as possible, but in no event later than ninety (90) days after receipt of certification, the director of public works shall determine whether it is feasible for the city to acquire the reserved right-of-way. If the director determines that it is not feasible for the city to acquire the property, then he shall notify the director of planning, who shall then either release the application, if one has been filed, from compliance with these requirements; or, if no application has been filed, grant the waiver request for such period of time as the city is unable to acquire the reserved right-of-way. If the director determines that it is feasible to acquire the reserved right-of-way, he shall report these findings to the director of planning, who shall deny the waiver and disapprove the application for a period not to exceed six (6) months. After the delay period has lapsed, the application shall proceed.
(c) 
A decision by the director of planning to deny a waiver request may be appealed to the City Council.
(1998 Code, sec. 9.1109)
Nothing in these regulations shall prevent the applicant from amending the application to exclude improvements from the reserved right-of-way, in which event the city, at its sole discretion, may discontinue procedures to acquire the reserved right-of-way.
(1998 Code, sec. 9.1110)
The director of planning may grant a variance from the dedication requirements of section 16.02.006 if it finds that application of the terms of this article works an undue hardship peculiar to the property or renders the property unsuitable for any economically feasible use. A denial of a variance by the director may be appealed to the City Council.
(1998 Code, sec. 9.1111)