A.
The arrangement, character, extent, width, grade, and location of all streets shall conform to the City of Highland Village Thoroughfare Plan, the TCSS manuals, and shall be considered in their relation to existing protected trees and existing planned streets or driveways, to topographical conditions, to public safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes or which will not be taxable or accessible for special improvements shall not be permitted in any subdivision. All streets shall be constructed in accordance with section 5.
B.
Proposed streets shall provide a safe, convenient and functional system for vehicular and pedestrian circulation and shall be properly related to the thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. All streets shall be open and unobstructed at all times.
C.
Adequacy of streets and thoroughfares.
1.
Responsibility for adequacy of streets and thoroughfares.
The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city's participation in the costs of oversize facilities.
2.
General adequacy policy.
Every subdivision shall be served by streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation, and shall be properly related to the city's thoroughfare plan, road classification system, master plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each development.
3.
Road network.
New subdivisions shall be supported by a road network having adequate capacity, and safe and efficient traffic circulation. The adequacy of the road network for developments of 50 or more dwelling units, or for developments generating 500 or more one-way trips per day, or for developments involving collector and/or arterial streets not appearing on the city's adopted thoroughfare plan, shall be demonstrated by preparation of a traffic impact analysis prepared in accordance with F. (traffic impact analysis) which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the city council may require a demonstration of adequacy pursuant to this section for additional phases or portions of the property as a condition of approval for the proposed plat. In the event that the applicant submits a traffic impact analysis for an entire phased development project, the city may require an update of the study for later phases of the development.
4.
Approach roads and access.
All subdivisions must be connected to the city's improved thoroughfare and street system by one or more approach roads of such dimensions and approved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending on the density or intensity of the proposed development, if such need is demonstrated by traffic impact analysis.
a.
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 street as required by applicable zoning (or if no such requirement exists, minimum frontage of 35 feet), unless other provisions have been authorized through planned development approval.
5.
Off-site improvements.
Where traffic impact analysis demonstrates the need for such facilities, the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or related developments. The city may participate in the costs of oversize improvements with the subdivider as set out herein.
6.
Street dedications.
a.
Dedication of right-of-way.
The property owner shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the thoroughfare plan or other valid development plans approved by city council. In the case of perimeter streets, half of the total required right-of-way for such streets shall be provided. However, in some instances more than half shall be required when a half street is impractical or unsafe and depending on the actual or proposed alignment of the street, as may be required by the city council.
b.
Perimeter streets.
Where an existing half street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated and improved by the developer of the subdivision or addition.
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 in excess of three feet horizontal to one foot vertical.
7.
Street construction.
All streets or thoroughfares shall be constructed to city standards in rights-of-way as required by the thoroughfare plan in accordance with city standards from time to time adopted.
8.
[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 subsection F. Construction and design standards shall be in accordance with city standards and the TCSS manuals.
9.
Phased development.
Where a subdivision is proposed to occur in phases, the subdivider, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established and may require that a traffic impact analysis be submitted for the entire project or such phases as the council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares.
D.
Escrow policies and procedures.
1.
Request for escrow.
Whenever these regulations require a property owner to construct a street or thoroughfare, the property owner may petition the city to construct the street or thoroughfare in exchange for deposit of escrow as established in this section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the city may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The city council shall determine whether escrow is to be accepted in lieu of the obligation to construct the street or thoroughfare.
2.
Deposit with city.
Whenever the city agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the city. Such amount shall be paid prior to release of construction plans by the city. The obligations and responsibilities of the property owner shall become those of property owner's transferees, successors and assigns; and the liability therefor shall be joint and several.
3.
Determination of escrow amount.
The amount of the escrow shall be determined by using the average of the comparable bids awarded by the city in the preceding six months or, if none exist, then in the preceding year or, if none exist, current market value of construction as determined by an estimate by the city. Such determination shall be made as of the time the escrow is due hereunder.
4.
Termination of escrow.
Escrows which have been placed with the city under this section which have been held for a period of ten years from the date of such payment or agreement, in the event that the city has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made shall, upon written request, be returned to the property owner with accrued interest. Such return does not remove any obligations of the owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.
5.
Refund.
If any street or highway for which escrow is deposited for is construction [constructed], or is reconstructed by another governmental authority at no cost to the city, the escrowed funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is home by the city and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.
6.
Interest limitation.
If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent less than the rate of actual earnings.
E.
Any land study or plat involving a change to a proposed alignment in the City of Highland Village thoroughfare plan must be preceded by submission and approval of a traffic impact analysis as specified in subsection F. Failure to provide for such approval prior to submission of a land study or plan shall be grounds for automatic denial.
F.
Traffic impact analysis.
Whenever these regulations require a traffic impact analysis, the following elements shall be included:
1.
General site description.
The traffic impact analysis shall include a detailed description of the roadway network within one mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development shall be provided. This description which may be in the form of a map, shall include the following items:
(1)
All major intersections;
(2)
All proposed and existing ingress and egress locations;
(3)
All existing roadway widths and rights-of-way; and
(4)
All existing traffic signals and traffic-control devices; and
(5)
All existing and proposed public transportation services and facilities within a one-mile radius of the site.
2.
Proposed capital improvements.
The traffic impact analysis shall identify any changes to the roadway network within one-half mile of the site proposed by any government agency. This description shall include the above items as well as any proposed construction project that would alter the width and/or alignment of roadways affected by the proposed development.
3.
Roadway impact analysis.
a.
Transportation impacts.
(1)
Trip generation.
The average weekday trip generation rates (trip ends), the average weekend trip generation rates (uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (uses other than residential or institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the city engineer of the City of Highland Village.
(2)
Trip distribution.
The distribution of trips to arterial and collector roadways within the study area identified in subsection 1 (general site description) above shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to subsection 3.a above.
b.
Adequacy determination.
The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service C.
4.
Intersection analysis.
a.
Level of service analysis.
For intersections within the roadway traffic impact analysis area described in subsection (1) herein, a level of service analysis shall be constructed for all arterial/arterial, arterial/collector, collector/collector intersections and other intersections identified by the City of Highland Village staff. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The city may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume, as determined from a two-day survey of weekday volumes, and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.
b.
Adequacy analysis.
The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service C.
5.
Effect of adequacy determination.
If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in subsection 1 herein below the level of service required pursuant hereto, the proposed development shall be denied unless the developer agrees to one of the following conditions:
a.
The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;
b.
A reduction in the density or intensity of development;
c.
The dedication or construction of facilities needed to achieve the level of service required herein; or
d.
Any combination of techniques identified herein that would ensure that development will not occur unless the level of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development.
G.
When such a street is not on the thoroughfare plan, the arrangement of streets in a subdivision shall:
1.
Provide for the continuation or appropriate projection of existing streets in surrounding areas.
2.
Provide for the preservation of trees.
3.
Conform to a plan for the neighborhood approved or adopted by the city to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impracticable.
4.
Provide for future access to adjacent vacant areas which will likely develop under a similar zoning classification.
5.
Not conflict in any way with existing or proposed driveway openings.
H.
Minor residential streets shall be so laid out that their use by through traffic will be discouraged, but access is provided to adjacent subdivisions.
I.
Where a subdivision abuts or contains an existing or proposed arterial street, the city may require marginal access streets, reverse frontage (lots which back to the arterial), deep lots with rear service alleys, or such treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic.
J.
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed by the city under conditions approved by the commission and city council.
K.
Intersecting streets with centerline offsets of less than 125 feet shall be avoided.
L.
Major thoroughfare intersections shall be at 90-degree angles and tangent to the intersecting street for at least 50 feet. Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than 70 degrees.
M.
Street right-of-way widths shall be as shown on the thoroughfare plan and, where not shown therein, shall be not less than as follows except where shown and approved on the preliminary plat and/or final plat but in no case less than 40 feet.
N.
Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of these regulations and the thoroughfare plan, and where the city finds it will be practical to require the dedication of the other one-half when the adjoining property is subdivided. If the owner or subdivider is responsible for one-half of the street, the owner or subdivider shall escrow the amount of the construction cost of the facility unless the city participates in the construction of the facility. Whenever a partial street previously has been platted along a common property line, the other portion of the street shall be dedicated. Improvements shall be made to all on-site facilities as defined herein (see definitions, [section]1.16).
O.
A cul-de-sac street shall not be longer than 600 feet and at the closed end shall have a turnaround provided for, having an outside roadway diameter of at least 80 feet and a street property line diameter of at least 100 feet. The cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of cul-de-sac turnaround. Dead-end streets are not allowed except to provide for access to adjacent land areas and in no case shall be more than 250 feet in length or equal to one lot depth, whichever is greater. A dead-end street may be up to 600 feet long if a temporary cul-de-sac is provided according to the above standard.
P.
New streets which are an extension of existing streets shall bear the names of existing streets and shall be dedicated at equal or greater widths than the existing streets. No new street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the city council based on the street names approved on the preliminary plat.
Q.
All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the TCSS manuals of the City of Highland Village at the time at which the final plat is approved.
R.
Subdivisions generally shall provide one point of access in each applicable direction (north, east, south and/or west) to adjacent property or to an arterial. All residential developments shall provide no less than one entrance for each 50 lots including stubs for future development or connection to an existing arterial or collector.
S.
Streets will be constructed in accordance to the TCSS manuals.
(Ordinance 95-711 adopted 12/11/95; Ordinance 2015-1184 adopted 8/25/15)