City of Gunter, TX REQUIREMENTS FOR PUBLIC IMPROVEMENT AND DESIGN

No single-family, two-family, or townhome lots shall front onto or have a driveway onto major or minor arterials or any street with a right-of-way of sixty (60) feet or greater "collectors," as described within the engineering design standards, subdivision ordinance, or on the City's adopted master thoroughfare plan, unless the house was existing prior to the roadway being designated as such on the city's master thoroughfare plan.

Lot Dimensions.

Lot dimensions shall comply with the minimum standards of the Zoning Regulations as determined in each district or the Planned Development District. All lots on building sites shall conform to the minimum standards for the area, width and depth prescribed by the Gunter Zoning Regulations for the district or districts in which the subdivision or development is located. Lots located outside of the City limits but within the City's Extra Territorial Jurisdiction "ETJ" must provide at least 100 feet of road frontage.

In general, lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking, landscaping, and loading facilities required for the type of use and development contemplated, as established in the Zoning Regulations.

Lot dimensions shall be measured at the property line, except that for residential lots located on cul-de-sac circles or at the corners of a loop street, lot width shall be measured at the front building line and one side lot line may be less than the minimum required by the zoning district, provided the lot meets width and area requirements.

In general, the depth of a residential lot should not exceed four times the width of the lot, unless topographic or environmental characteristics create a condition best addressed by an excessive lot depth, flag lots" are prohibited.

Double Frontage Residential Lots.

Double frontage and reversed frontage lots shall be avoided except where necessary to separate residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. The City may impose additional buffering and/or screening requirements for these lots.

Soil Preservation and Final Grading.

Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots, parkways and medians. Permanent erosion control measures, shall be provided throughout the development prior to final acceptance of the improvements. Soil preservation shall consist of the following:

All street rights-of-way, regardless of slope, all finished grade slopes that are steeper than 1 foot vertical to 6 feet horizontal (6:1), and the flow lines of all drainage ditches and swales shall be completely covered with erosion control matting as specified in the North [Central] Texas Council of Governments Construction (NCTCOG) BMP Manual.

Grass shall be established on the slopes of all drainage channels that are steeper than 6:1. Grass shall meet the requirements of the Standard Specifications of the Texas Department of Transportation.

Other erosion protection methods as described in the NCTCOG BMP Manual shall be used to control all erosion in the development. All erosion protection methods shall be approved by the City Engineer[.]

Minimum Lot and Floor Elevations.

Minimum lot and floor elevations shall be established as follows:

Lots abutting a natural or excavated channel shall meet the specific standards for flood hazard reduction established in § XXXX [Article 3.05] of the City of Gunter Code of Ordinances.

Where lots do not abut a natural or excavated channel, minimum floor elevations shall be a minimum of one (1) foot above the street curb or edge of alley, whichever is higher, unless otherwise approved by the City's Engineering Division. A lot grading plan is required. With permission of the City Engineer, the minimum finished floor elevation may be lower than the street curb, roadway or alley provided the floor elevation is at least one foot above the rim elevation of the downstream manhole of the sanitary sewer system that serves the lot.

Where lots are served by on-site sewerage facilities that rely on the gravity flow of wastewater, the minimum finished floor elevations shall be not less than 4.5 feet above the highest elevation of the ground at the drainfield, absorption bed or transpiration bed unless otherwise permitted by the City Engineer.

Debris and Waste.

No cut trees, timber, debris, large rocks or stones, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of final acceptance by the City Engineer, and removal of those items and materials shall be required prior to such acceptance. No items and materials as herein described shall be left or deposited in any area of the subdivision or development at the time of expiration of any public improvement agreement or acceptance of dedication of public improvements, whichever is sooner. However, dirt or topsoil may be stockpiled on a property at a location approved by the City Engineer.

(Ordinance 030609-3 adopted 6/9/03; Ordinance 2021-05-20-02 adopted 5/20/2021; Ordinance 2022-01-20-01 adopted 1/11/2022)

§ 5.3 Nonresidential Plats.

Design Principles.

In addition to these regulations, which are appropriate to all platting, the applicant shall demonstrate to the satisfaction of the Council that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles shall be observed:

Proposed nonresidential parcels shall be suitable in area and dimensions to the types of nonresidential development anticipated.

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon, but in no case shall be less than the design standards embodied in the Master Thoroughfare Plan.

Residential areas shall be protected from potential nuisance from a proposed nonresidential plat by means of screening or other physical separation as further described in Chapter 20 [sic] of the Gunter Zoning Regulations.

Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or future residential areas.

Frontage and Access Standards.

All nonresidential lots established following the effective date of this ordinance shall meet the following frontage and access criteria:

Frontage - All nonresidential lots abutting an arterial or higher thoroughfare shall have a minimum 200 linear feet. All nonresidential lots abutting a collector or lower thoroughfare shall have a minimum of 150 feet of frontage.

Curb Cuts - All nonresidential lots shall have access to the public street system by a driveway onto a public street or, in certain instances subject to review by the City Engineer, by a driveway onto a dedicated mutual access easement. Curb cuts shall be located in accordance with the Master Thoroughfare Plan, Engineering Design Manual and other applicable ordinances. Access drives shall be a minimum fifty (50) feet in distance from any street intersection and a minimum one hundred (100) feet from any intersection which is signalized or which in the opinion of the City Engineer will require future signalization, unless approved by the City Engineer.

Median Openings - Median openings shall be located in accordance with the Master Thoroughfare Plan and other applicable ordinances. Generally, median openings shall not be spaced closer than 350 feet centers nor closer than 250 feet from an intersection. If direct access to a median opening is not available, lots shall have indirect access through a mutual access easement between adjacent properties. Such mutual access shall be indicated on the plat whenever possible.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.4 Sidewalks, Bikeways, Alleys and Landscaping.

5.4.1

Sidewalks and Bikeways.

Sidewalks.

Sidewalks are required along all streets.

Sidewalks shall be constructed of 2,000 psi concrete having a width of not less than four (4') feet and a minimum thickness of four (4") inches.

The sidewalk shall be constructed prior to the issuance of a Certificate of Occupancy.

In residential districts the sidewalks shall be (4') feet wide located (1') foot off of the property line or (6') feet wide located adjacent to the curb.

In All other districts the sidewalks shall be a minimum of (6') feet wide.

Pedestrian Accesses.

[1] The Council may require, in order to facilitate pedestrian access from the streets to schools, parks, playgrounds, or other nearby streets, perpetual unobstructed easements at least fifteen (15) feet in width. Easements shall be indicated on the plat.

[1]

Original has this as Subsection G.

Bikeways.

[2] Hike and bike sidewalks (bikeways) shall be constructed along streets designated for hike and bike trails. Bikeways shall be constructed in the manner and locations specified in the Engineering Design Manual. Bikeways shall be built by the owner at the time of site development, or the owner may petition for the City to construct such facilities, subject to escrow policies stated in section 6 of these regulations.

[2]

Original has this as Subsection H.

Alleys

[3]

Commercial and industrial areas: Alleys shall be provided in commercial and industrial districts where other provisions are not made for service access; off-street loading, parking, and firefighting.

Residential areas: Alleys may be provided in residential areas.

Construction: Alleys shall be constructed according to the standards for local streets in residential estates subdivision except in commercial and industrial areas where alleys shall be constructed according to the standards for their service function.

Intersections: Alleys shall be perpendicular to streets at intersections. Minimum radius of pavement of street-alley intersections shall be eight (8) feet.

Dead-end alleys: Dead-end alleys shall be provided with cul-de-sacs with a minimum paved surface radius of thirty (30') feet.

[3]

Original has this as Subsection I.

Landscaping.

Landscaping, buffering and screening improvements shall be required along certain roadways in conformance with standards established in Section XXX [sic] of the Zoning Regulations, or as provided in Planned Development Districts established pursuant to the City's Zoning Ordinance.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.5 Fire Lanes and Fire Department Access.

Access to Fire Hydrants and other Fire Suppression Equipment.

All fire hydrants shall be accessible by the City's fire trucks and equipment from a dedicated public street or a fire lane. The distance from fire hydrants to the edge of pavement for public streets shall not exceed five feet unless otherwise permitted by the City Engineer. The distance from the edge of the fire lane to fire hydrants and standpipe and fire department connections shall not exceed five feet unless otherwise permitted by the Fire Chief.

Fire Lane Design Requirements.

The width of all fire lanes shall not be less than twenty-four feet wide. Fire lanes shall be paved with a minimum of six inches of reinforced concrete. The minimum inside radius of a curve or turn shall not be less than 30 feet. A standard SU-20 design vehicle shall be able to travel from a public street along all fire lanes, be able to reach within five feet of all fire hydrants, and exit back onto a public street without backing up.

Dead-End Fire Lanes.

Dead-end fire lanes may be used only to obtain the required access to buildings, not to fire hydrants or fire department connections and the maximum length of a dead-end fire lane shall not exceed 150 feet. All dead-end fire lanes shall include a turnaround and the end of the fire lane for a SU-20 vehicle with vehicle backing allowed.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.6 Water Facilities Standards.

Adequate Water Facilities.

Water systems serving the subdivision or development shall connect with the City's water supply and distribution system. Water facilities shall be installed to adequately serve each lot and shall be sized to conform to the City's Water Distribution Master Plan and other requirements of the City. The City may require owners to provide a water study, including adequate engineering data to support water demand projections, before final plans will be approved.

Design and Construction Requirements.

Design of water systems shall be in accordance with the latest design criteria set forth by TCEQ. No water system will be constructed unless all plans have been reviewed and approved by the City to assure compliance with these requirements. All design and construction will be done under the inspection of the City and in accordance with established City policies and practices.

Water services for each lot shall be a minimum of 3/4" type K copper. Each service shall be provided with a brass meter valve contained inside a meter box. Service to each lot shall have a maximum cover of eighteen (18") inches.

Valves shall be located at maximum intervals of 600 feet on 12" and smaller lines. Valves shall be furnished with extensions such that the working nut is a maximum of 48" below grade.

Water lines shall be installed with thirty (30") inches minimum cover over the top of the pipe.

Water lines shall be disinfected in accordance with TCEQ Standards.

PVC pipe shall have four (4) inch sand bedding, and twelve (12") inches of sand over top of pipe.

Extension Policy.

The developer shall extend all water mains and appurtenances necessary to connect the development with the City's water supply and distribution system and shall extend such mains and appurtenances to all property lines of the subdivision or development to allow connection to these facilities by adjoining property owners in accordance with the City's approved plans. Authority to extend water mains to serve newly subdivided or platted land shall be granted by the City only upon a determination by the Administrator that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land.

Minimum Size Mains.

Water mains shall be located and sized in accordance with the TCEQ. However, the minimum water main shall be eight (8) inches nominal internal diameter and shall be UL and NSF certified.

Fire Protection.

Water service must be sufficient to meet fire flow requirements of the proposed development for domestic and industrial purposes, except where a suitable alternative means of fire protection is approved by the City.

Fire Hydrants - Number and Locations.

A sufficient number of fire hydrants shall be installed to provide hose stream protection for every point on the exterior wall of the building. There shall be sufficient hydrants to concentrate the required fire flow, as recommended by the publication "Fire Suppression Rating Schedule" published by the Insurance Service Office, around any building with an adequate flow available from the water system to meet this required flow. In addition, the following guidelines shall be met or exceeded:

Single-Family and Duplex Residential.

As the property is developed, fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 500 feet between fire hydrants as measured along the route that fire hose is laid by a fire vehicle.

Multifamily Residential.

As the property is developed, fire hydrants shall be located at all intersecting streets and at intermediate locations between intersections at a maximum spacing of 300 feet as measured along the length of the centerline of the roadway, and the front of any structure at grade and shall be no further than 400 feet from a minimum of two (2) fire hydrants as measured along the route that a fire hose is laid by a fire vehicle.

Other Districts.

Protected Properties.

Fire hydrants required to provide a supplemental water supply for automatic fire protection systems shall be within 100 feet of the fire department connection for such system.

Fire hydrants shall be installed along all fire lane areas as follows:

Nonresidential Property or Use

Within 150 feet of the main entrance.

Within 100 feet of any fire department connection.

At a maximum intermediate spacing of 300 feet as measured along the length of the fire lane.

Generally, no fire hydrant shall be located closer than fifty (50) feet to a nonresidential building or structure unless approved by the City Engineer.

In instances where access between the fire hydrant and the building which it is intended to serve may be blocked, extra fire hydrants shall be provided to improve the fire protection. Railroads, expressways, major thoroughfares and other man-made or natural obstacles are considered as barriers.

All portions of all buildings in single-family residential districts shall be located within a three-hundred-foot hose lay from fire lane or public roadway having a fire hydrant spacing meeting the requirements of these regulations.

All portions of all buildings in all other districts shall be located within a three-hundred-foot hose lay from fire lane or public roadway having a fire hydrant spacing meeting the requirements of the regulations.

10.

The hose lay shall be measured as a fire hose would be laid from the fire lane or roadway along aisles that are at least 24 feet wide and that are not obstructed by fences, buildings, stored materials, railroads or other obstructions.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.7 Sanitary Sewer Facilities Standards.

Adequate Sewage Facilities.

Sanitary sewer facilities serving the subdivision, development or addition shall connect to the City's sanitary sewer system or other public sewerage treatment facility, except as provided in subsection D. Sewage systems shall be installed to adequately serve each lot and shall be sized accordingly. All additions to the sanitary sewage system shall conform to the City's "Master Sewer Plan" and other requirements of the City. The City may require a sanitary sewer study, including adequate engineering data, to support projected sewer flows before final plan approval. The proposed wastewater discharge of a proposed development shall not exceed the capacity of the wastewater system based upon required studies.

Design and Construction Requirements.

Design of sanitary sewers shall be in accordance with the City of Gunter's Design Standards. No sewer system will be constructed unless all plans have been reviewed and approved by the City to assure compliance with these requirements. All design and construction will be done under the inspection of the City and in accordance with established City policies and practices.

Extension Policy.

The developer shall extend all sanitary sewer mains and appurtenances necessary to connect the development with the City's wastewater system. Sanitary sewer mains shall be extended to all property lines of the subdivision or development to allow connection to these facilities by adjacent property owners in accordance with approved plans. Authority to extend wastewater mains to serve newly subdivided or platted land shall be granted by the City only upon a determination by the Administrator that all facilities necessary to adequately serve the development are in place or will be in place prior to the issuance of occupancy permits for structures developed on such land.

On-Site Treatment.

The owner and/or developer of the subdivision or development shall construct the necessary water facilities to serve the subdivision. If it is practical to construct sanitary sewer facilities and connect to a sanitary sewer facility with approved treatment facilities, then the owner and/or developer shall construct the necessary sanitary sewer facilities to properly serve the subdivision.

No permit shall be issued by Grayson County for the installation of a septic tank(s) if adequate sewer service is or will be feasibly available within two hundred (200') feet of the building to be served.

If the City deems that it is not practical to connect to a sanitary sewer facility that will treat the sewage for the subdivision, then the area may be served by an approved on-site sewerage facility for the individual lots as licensed by Grayson County and approved by regulatory authorities having jurisdiction over such facilities. The City may require a study to make such determination.

All septic tank systems must comply with "Construction Standards for Private Sewage Facilities," published by the Texas Commission of Environmental Quality (TCEQ).

If a sanitary sewage treatment system is to be installed the plans for such system shall be approved by the TCEQ and a permit secured from the TCEQ prior to approval of the final plat by the City Council.

Design Standards.

All pipe joints shall be of the rubber ring gasket type conforming to the applicable ASTM standards.

The sewage collection system shall be designed to handle the anticipated flow of sewage from the subdivision, including development to future sections of the same subdivision. Recognized engineering design criteria in accordance with the requirements of the TCEQ shall be used to design the system.

All sewer lines shall be on such a grade as to provide a minimum velocity of two (2') feet per second with using an "n" value of 0.010 in the Manning Formula.

The minimum size line, excluding house service lines, shall be six (6") inches in diameter.

Manholes shall not be spaced more than five hundred (500') feet apart and shall be provided at all changes in grade, direction and pipe size.

The City of Gunter may require larger sewer lines than are necessary to serve the subdivision and future development, and adjacent areas. In the event that larger lines are required, than the developer shall be entitled to participating aid from the City on oversized lines when City funds become available.

Should a lift station, either temporary or permanent be necessary to provide sanitary sewer service to the subdivision, the developer shall construct the station and all appurtenances at his own expense. If and when the lift station is no longer needed, the installation will, unless other provisions are made remain the property of the City of Gunter for reuse or disposal.

Sewer service lines for each lot shall have a minimum internal diameter of four (4') inches. Minimum cover at the property line shall be two (2') feet. Tracer tape shall be installed to indicate the location of the sewer stub-out.

Off-site sewerage utilities shall be constructed by developers at no expense to the City.

10.

Prior to acceptance, the sanitary sewers shall be subjected to an air leakage test and mandrel test.

11.

The City Engineer may require, at the developer's expense, a TV examination of the sewer prior to acceptance.

12.

The design of sewers shall conform to the criteria set forth in "WPCF Manual of Practice No. 9," latest edition as published by the American Society of Civil Engineers and the Water Pollution Control Federation and "Design Criteria for Sewage Systems" published by the TCEQ.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.8 Roadway Facilities Standards.

5.8.1

Streets and Thoroughfares.

Responsibility for Adequacy of Streets and Thoroughfares.

The property owner shall assure that the subdivision or development 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.

The subdivider shall construct all streets to city standards in rights-of-way as required by the Thoroughfare Plan or other valid development plans approved by the City, subject to participation policies stated in this ordinance. Streets (including sidewalks) which dead-end at power lines, railroad, or similar rights-of-way, and are intended for future extension shall be constructed in the full right-of-way as required by the Thoroughfare Plan for half the distance across such right-of-way for each side. Developers of property abutting only one side of a street are responsible for the minimum paving widths prescribed by City regulations.

General Adequacy Policy.

Every subdivision or development 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.

Road Network.

New subdivisions and developments 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 more than 75 dwelling units, or for developments involving collector 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 section 5.7.5 [5.8.4], 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 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.

Approach Roads and Access.

All subdivisions or developments must be connected to the City's improved thoroughfare and street system by two or more approach roads of such dimensions and approved to such standards as are hereinafter set forth. Connection of a subdivision to the City's street system with only one approach will require special approval by the City. Requirements for dedication of rights-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. Access to all lots therein must be suitably improved or secured by provisions contained in these regulations.

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 or developer pursuant to Section 6.1.

Street Dedications.

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 the Planning and Zoning Commission or City Council.

The subdivider shall provide all right-of-way required for existing or future streets, including perimeter streets, as shown in the Thoroughfare Plan or other valid development plans approved by the City. 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, depending on the actual or proposed alignment of the street. A minimum parkway width of ten feet shall be provided along existing constructed thoroughfares. In such cases, no additional right-of-way will be required, except at intersections or other locations when deemed necessary by the City's consulting engineer.

Perimeter Streets.

Where an existing half street is adjacent to a new subdivision, development or addition, the other half of the street shall be dedicated and improved by the developer of the subdivision, development or addition.

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 not be in excess of four (4) feet horizontal to one (1) foot vertical.

Access to Public Facilities.

In cases where a subdivision or development contains or abuts a school, park or playground site, the subdivider shall provide and dedicate a normal residential street and provide for the cost of paving the street and the full cost of all utilities necessary.

Intersection Improvements.

Intersection improvements and traffic control devices shall be installed as warranted in accordance with the traffic impact analysis, where required by these regulations, subject to participation standards in section 6.

5.8.2

Types of Streets.

Arterial street or major thoroughfare: Any street designated in the comprehensive plan as being a principal route more or less continuous across the City or areas adjacent thereto, or any route carrying or designated to carry fast moving or large volumes of traffic.

Collector street: The phrase "collector street" shall be a street which is continuous through several residential districts and intended as a connecting street between residential districts and thoroughfares or business districts.

Local street: A street exclusively or primarily providing access to abutting properties. A local street may be located within a residential, commercial, or industrial area.

Cul-de-sac: A local street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Dead-end street: A street other than a cul-de-sac having only one outlet.

Frontage street: A local street lying parallel to and adjoining a major street right-of-way which provides access to abutting properties and protection from through traffic.

Alley: A public or private way designed primarily for vehicular travel to provide access to the rear or side [of] property otherwise abutting on a street.

Loop street: A local street having only two (2) outlets onto one other street.

5.8.3

Design Standards.

Pavement and right-of-way width:

All streets shall be concrete constructed on stabilized subgrade. Design and construction of streets shall conform to the following schedule:

Subgrade stabilization to 6" depth:

Soil PI	Stabilization Method
0 - 10	3% Cement
11 - 16	Mechanical Compaction
17+	6% Lime

Type Street	ROW	Pavement Width (Back of Curb)
Arterial Street	120'	2 x 36' (with curb and gutter)
Major Collector	80'	49' (with curb and gutter)
Minor Collector	60'	38' (with curb and gutter)
Local	50'	31' (with curb and gutter)
Residential Estates	60'	22' (no curb and gutter)

Type Street	Reinforced Concrete Thickness
Arterial and Major Collector	8"⁽¹⁾
Minor Collector	6"⁽¹⁾
Local	5"⁽²⁾
Residential Estates	5"⁽²⁾

(1)	Determine reinforcing from strength design based on expected traffic load. Minimum steel ratio = 0.0012.
(2)	Minimum steel ratio = 0.0012

Vertical alignment:

Grades of streets shall be connected by vertical curves of a minimum length expressed as a multiple of the algebraic difference between the rates of grades, expressed in feet per hundred feet, and the values shown.

Multiple of Algebraic Difference
	Design speed
	30	40	50	60
Crest vertical curve	28	50	80	150
Saq vertical curve	35	50	70	100

Horizontal alignment:

The centerline curve of streets and alleys shall have a minimum radius as follows:

Classifications	Minimum centerline radius (feet)
Arterial	800
Major Collector	500
Minor Collector	300
Local (commercial or industrial)	300
Residential	150
Loop streets and alleys	75

The maximum deflection of alignment permitted without use of curve shall be three (3) degrees.

Reverse curves:

Reverse curves on thoroughfares and collector streets shall be separated by a minimum tangent of one hundred (100') feet.

Cul-de-sacs, Dead-end streets;

The maximum length of a cul-de-sac shall be four hundred (400) feet.

Cul-de-sacs shall have a minimum right-of-way of fifty (50') feet and a minimum back of curve of forty (40') feet for single-family and two-family uses and a minimum right-of-way radius of sixty (60') feet and a minimum back of curve radius of forty-eight (48') feet for all other uses. A dead-end street may be up to 400 feet long if a temporary cul-de-sac is provided according to the above standard.

Street intersections:

Street intersections shall be perpendicular.

Partial or half streets:

Partial or half streets shall not be authorized.

Street names:

Names of new streets shall not duplicate names of existing streets.

Boundary streets:

New streets on the boundary of a proposed subdivision shall conform to the right-of-way width and construction requirements of this ordinance.

Half streets shall be built to complete existing half streets.

When the proposed subdivision abuts an existing right-of-way that does not conform to the requirements of this ordinance, the developer shall dedicate right-of-way sufficient to make the right-of-way conform to this ordinance.

When the proposed subdivision abuts an existing street that does not conform to, this ordinance, the developer may:

construct the street according to the standards of this ordinance;

place cash or other suitable security in deposit with the City of Gunter to pay one-half the cost of constructing the street according to the standards, of this ordinance; or

construct the street according to the standards of this ordinance for a distance equal to one-half the length of the existing abutting street.

Curb and gutter:

Except in Residential Estates Subdivisions, curb and gutter shall be installed by the developer on both sides of all interior streets. Provisions for curb and gutter shall be made on boundary streets in accordance with the paragraph entitled "Boundary Streets."

Street signs:

The City shall install street signs, at the developer's expense, at all intersections within the subdivision. A fee for this service shall be paid prior to acceptance of the streets and utilities.

Laboratory testing:

The City shall retain the services of a reputable commercial testing laboratory or will perform the necessary tests on subgrade soils, flexible base material, concrete, and other construction materials, to verify that specifications are being met. These laboratory tests will be made at the developer's expense and may include the following:

Moisture-density relationships

Gradation

Atterberg limits

In-place moisture-density

Concrete strength

Other as required.

Street Posts and Markers.

The developer shall pay for the cost of purchasing and installing street posts and markers at each street intersection, which posts and markers shall be of the same type used throughout the City, and as specified in the City of Gunter Addendum to the NCTCOG Standard Specifications for Public Works Construction.

Street Lighting.

The subdivider shall provide at no expense to the City and as a part of the street improvements, street lighting in accordance with the following standards and such standards as designated in the Zoning Regulations and as specified in the City of Gunter Addendum to the NCTCOG Standard Specifications for Public Works Construction.

Alleys.

Alleys shall be designed to allow fire department and waste collection vehicles to travel without impediment. A standard SU-20 design vehicle shall be able to negotiate all turns and intersections.

Access to residential property for required off-street parking shall be from the alley wherever paved alley access is available. Access from the alley shall not exclude another means of access from the front or side. No side lot or rear lot access to residential property shall be allowed from any arterial street as defined herein.

[1] Alley drive approaches shall have a radius of five (5) feet to assist ingress and egress to the lot and provide motorists passing one another with additional paved area.

[1]

Original has this as Subsection 2.

5.8.4

Traffic Impact Analysis.

Whenever these regulations require a traffic impact analysis, the following elements shall be included:

General Site Description.

The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated stages of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items: (a) all major intersections, (b) all proposed and existing ingress and egress locations, (c) all existing roadway widths and rights-of-way, (d) all existing traffic signals and traffic-control devices, and (e) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site.

Proposed Capital Improvements.

The traffic impact analysis shall identify any changes to the roadway network within one-half (0.5) mile of the site, proposed by any governmental 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.

Roadway Impact Analysis.

Transportation Impacts.

Trip Generation.

The average weekday trip generation rates (trip ends) and the highest average hourly weekday trip generation rate between 4 P.M. and 6 P.M. 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.

Trip Distribution.

The distribution of trips to arterial and collector roadways within the study area 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; and existing traffic conditions identified.

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 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.

Intersection Analysis.

Level of Service Analysis.

For intersections within the roadway traffic impact analysis area described in subsection (A) herein, a level of service analysis shall be conducted for one day Tuesday through Thursday and Friday on all intersections, including site driveways within one (1.0) mile of a proposed site. The City may waive analysis of minor intersections within the one-mile radius. The highest average hourly peak volume between 4 P.M. and 6 P.M. shall also be recorded. 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 progression, ratio of signal green time to cycle time (G/C ratio), roadway grades, pedestrian flows, and peak hour factor.

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.

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 below the level of service required, the proposed development shall be denied unless the developer agrees to one of the following conditions:

the deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed, as shown in the City's Capital Improvements Program;

a reduction in the density or intensity of development;

the dedication or construction of facilities needed to achieve the level of service required; or

any combination of techniques identified 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.

(Ordinance 030609-3 adopted 6/9/03; Ordinance adopted 5/25/06)

§ 5.9 Drainage Facilities Standards.

General Requirements.

Drainage facilities shall be designed and constructed at such locations, 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 rights-of-way required for drainage structures including storm drains and open channels, lined or unlined.

Storm drainage released from the site will be discharged to a natural watercourse of an adequate size to control the peak runoff expected after development.

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.

The requirements set forth herein are considered minimum requirements. The developer and his engineer shall bear the total responsibility for the adequacy of design. The approval of the facilities by the City Engineer in no way relieves the developer of this responsibility.

No individual, partnership, firm, or corporation shall deepen, widen, fill, reroute, or change the course or location of any existing ditch, channel, stream, or drainageway, without first submitting engineering plans for approval by the city engineer. Such plans shall be prepared by a professional engineer, registered in the State of Texas, and experienced in civil engineering.

Design of Facilities.

Computations for storm drainage from watersheds less than fifty (50) acres may be based upon the rational method, using the Texas Department of Transportation's frequency curves for Grayson County. For larger watersheds, SCS and USACOE HEC-1 methods shall be used.

Underground drainage structures for residential areas shall be designed for a five (5) year frequency rainfall, shopping centers and industrial developments for a ten (10) year frequency and downtown and central business districts for a twenty-five (25) year frequency rainfall.

Open channel drainage structures shall be designed for the one hundred (100) year rainfall and shall provide for one (1') foot of freeboard with sub-critical flow conditions.

The drainage system shall be designed and constructed to handle rainfall runoff that originates in and crosses the subdivision.

The drainage system shall be designed so that water shall not be greater than curb deep and shall not flow farther than one thousand (1,000') feet before reaching an inlet in thoroughfare, collector, and local streets under design rainfall conditions. Curb inlets shall be installed at the upstream end of all valley gutters crossing thoroughfare and collector streets.

Street crowns shall not be flattened or warped from one side of the street to the other side.

The developer shall pay for all costs of the drainage system.

Detention Facilities. Lakes, detention ponds, and retention ponds may be constructed in all areas provided they are approved by the City Engineer. Easements shall be provided to ensure protection of these areas for maintenance purposes.

Alternate Facilities. Other innovative drainage concepts will be considered if approved by the City Engineer.

Dedication of Drainage Easements

General Requirements.

When a subdivision or development is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater or drainage easement conforming substantially to the line of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

Access Easements.

The property owner must provide sufficient access on each side of and parallel to creeks or drainageways for maintenance purposes. The access shall be above the base flood elevation and accessible to vehicles and equipment. Access must also be provided at a maximum-1200 foot spacing along streets or alleys. The location and size of the access easement shall be determined by the City Engineer. The maximum width of the access easement shall be fifteen (15) feet. Permanent monuments, the type and locations of which to be determined by the City Engineer, shall be placed along the boundaries of the access easement and private property. This access easement shall be included in the dedication requirements of this section.

Drainage Easements

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within street rights-of-way, perpetual, unobstructed easements at least fifteen (15) feet in width, depending on slopes, for drainage facilities shall be provided across property outside the street lines and with satisfactory access to the street. Easements shall be indicated on the plat. Drainage easements shall extend from the street to a natural watercourse or to other drainage facilities.

When a proposed drainage system will carry water across private land outside the subdivision or development, appropriate drainage easements must be secured by the developer.

Drainage easements shall be provided where any type of drainage system, including swales are used to convey stormwater across any lot or tract in the development from an adjacent lot or tract whether or not the lot or tract is within the development or off-site.

All areas within any subdivision located in the one hundred (100) year floodplain of any river, creek or tributary stream shall be dedicated as a drainage and utility easement. The form and wording of the easement shall be approved by the Planning and Zoning Administrator.

Grading.

Site, street or development grading shall conform to the specifications in the Engineering Design Manual. All permeable surfaces within the development shall be graded to a smooth and uniform appearance that can be easily mowed with a small residential riding lawn mower.

The developer shall provide plans and specifications and design calculations for all drainage structures. For flows in excess of an eighty-four inch (84") pipe, unlined, open channels with concrete pilot channel constructed may be used. All open channels, which are not concrete lined, shall be designed to prevent erosion. The types of methods used for prevention of erosion shall be specifically approved by the City Engineer.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.10 Utility Standards.

Easements.

The property owner shall be required to furnish all easements and rights-of-way required to serve the development. Where reasonable, all utilities, both public and private, should be located within streets or alley rights-of-way. Notwithstanding the above developers may offer easements outside of street and alley rights-of-way. All utility facilities existing and proposed throughout the property shall be shown on the preliminary plat and accompanying development plans.

Easements shall be provided for both municipal and private utilities. Municipal easements for water, sanitary sewer and storm sewer shall be a minimum of fifteen feet in width. All municipal easements may be wider as determined by the City Engineer depending on the depth and the size of the utility. Private utility easements must be sized by the utility company. Proper coordination shall be established between the City's property owner and the applicable utility companies for the establishment of utility easements on adjoining properties.

When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear of residential lot lines, perpetual unobstructed easements at least fifteen (15) feet in width shall be provided along selected side lot lines for satisfactory access to the street or rear lot lines. Easements shall be indicated on the plat.

Water, sewer or drainage easements shall not straddle lots unless approved by the City Engineer.

Electric, gas, telephone and cable TV easements shall meet the requirements of the respective utility company and shall not conflict with or be coincident with water or sewer easements.

Damage.

The contractor and owner shall be responsible for all damage to existing public improvements caused during construction of new public improvements.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.11 Public Lands Requirements.

Reservation of Land.

Preliminary plats and final plats shall reserve land for future public use as designated in the Comprehensive Plan and associated plans for future public facilities and utilities. These uses include, but are not limited to: parks, recreation and open space areas, schools, libraries, police and fire stations, pump stations, water storage tanks, and lift stations. Land reserved shall be of a suitable size, dimension, topography, and character for the designated purpose.

Procedure for Reserving Land.

All final plats and development plats shall provide for the necessary reservation of land for future public use. All plats submitted for approval shall indicate sites to the city for public use. Boundaries of land reserved for public use may be adjusted subject to the approval of the council unless otherwise provided by agreement.

Parks, School Sites, Public Areas.

Preliminary subdivision plats shall provide sites for schools, parks, or other public areas as set out in the city's comprehensive plan and in this chapter.

(Ordinance 2019-04-18-02 adopted 4/18/19)

§ 5.12 Underground Utilities.

All subdivision and development plats shall demonstrate compliance with the following underground utility standards:

Except as otherwise herein provided, telephone lines, cable television utility lines, and all electric utility lines and wires shall be placed underground. In special or unique circumstances or to avoid undue hardships, the City Council may authorize exceptions from this requirement and permit the construction and maintenance of overhead electric utility lateral or service lines and of overhead telephone cable television lines and may approve any plat or site plan with such approved exceptions, in accordance with the standards in § 3.10 [3.9].

Final plats shall display signature approval by utility companies. No building permits shall be issued until such approval is obtained and recorded on the plat.

Where electrical service is to be placed underground, circuits for street and site lighting, except street lighting standards, also shall be placed underground.

Electrical, cable television and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in subdivisions shall be pad mounted or placed underground.

All underground utilities, whether publicly or privately owned, shall be backfilled and compacted according to the City's specifications. Utility companies and contractors shall obtain a street cut permit before disturbing any pavement in public right-of-way.

All public or privately owned underground utilities shall stub out all services from mains in all directions to the property lines in streets and in alleys where the services shall be stubbed out eighteen inches (18") inside the rear property line of platted lots and to the property line of unplatted property prior to commencing paving operations.

Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this ordinance shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

The Electric Utility Company may plan and construct overhead feeders and/or lateral lines on perimeters of subdivisions or property without obtaining an exception. Telephone and cable television lines may be constructed overhead where overhead electric utility lines are permitted.

Nothing in this section shall prevent provision of temporary construction service by overhead utility lines and facilities and no exception shall be necessary to provide such temporary services.

As used in this section, the terms "feeder lines," "lateral lines," and "service lines" shall have the following meanings:

Feeder Lines.

Those electric lines that emanate from substations to distribute power throughout an area.

Lateral Lines.

Those electric lines that emanate from feeder lines and are used to distribute power to smaller areas of electric consumers. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse or disconnect switch.

Service Lines.

Those electric lines, which through a transformer connect a lateral line to a customer's service entrance.

All installations regulated by the provisions set forth herein shall be in conformance with the intent of this section and shall conform to any regulations and/or specifications that the various public utility companies may have in force from time to time.

Nothing in this section shall be construed to require any existing facilities to be placed underground; provided, however, that where overhead lines exist on land that is to be platted, they shall be removed before the final plat is filed.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.13 Provision of Amenities.

Amenities shall be required where approved pursuant to a Planned Development District or as required to be developed under the Gunter Zoning Regulations. Where these amenities are owned and maintained by property owners in common or through an association of property owners, or where the amenities are to be dedicated to the City and are to be maintained publicly or privately through agreement with the City, the City may require any or all of the following:

Plans and illustrations of the proposed amenities;

Cost estimates of construction, maintenance and operating expenses;

Association documents, deed restrictions, contracts and agreements pertaining to maintenance of the amenities, if appropriate; and

Provision of surety as required for maintenance and other expenses related to the amenities, if appropriate.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.14 Protection of Drainage and Creek Areas.

Definitions and Methodology for Determining the Floodway Management Area (FMA)

- The definitions for "floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency (FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of floodplain management. Under this concept, the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area, which can be used for development by means of fill according to FEMA and City engineering criteria.

For the purposes of this Ordinance, the Floodway Management Area (FMA) will correspond to the Floodway as defined by FEMA.

Areas Where an FMA is Required

- All drainage areas or regulated floodways as referenced by the current panel number(s) on the Floodway and Flood Boundary Map (FIRM Maps) shall be included in the FMA. If FEMA does not specify a Floodway Zone in any of the above creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a registered professional engineer and in accordance with the Flood Hazard Prevention Ordinance and approved by the City Engineer. Where improvements to a drainage area are required by other sections of this ordinance or other ordinances of the City for the purpose of safety or other reasons related to drainage, those sections or ordinances shall also be observed. The FMA is intended to apply to a creek or channel, which is to remain open, or in its natural condition. The creek shall remain in its natural state unless improvements are permitted by the City due to the pending development of properties adjacent to or upstream of the required improvements.

Ownership and Maintenance of the FMA

- The area determined to be the FMA shall be designated on and as part of the final plat. Approximate locations shall be shown on zoning change requests and preliminary plats. The City, at its option, may place utility lines in the area designated as the FMA. The FMA may qualify under parkland dedication requirements or other open space requirements, if authorized in the City's Zoning Regulations or other ordinances. At the City's option, the FMA shall be protected by one of the following methods:

Dedication -

Dedicated to the City of Gunter; or

Easement(s) -

Creeks or drainageways in tracts which have private maintenance provisions, other than single-family or attached housing platted lots, can be designated as the FMA by an easement to the City on the final plat. Subdivisions with platted single-family or attached housing lots may designate the FMA by easement provided there is adequate maintenance provisions, but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number; or,

Recreational uses -

Certain recreational uses normally associated with or adjacent to floodprone areas, except for uses involving structures, may be allowed in the FMA, such as golf courses. The uses allowed shall be in conformance with the Zoning Regulations and approved by the Planning and Zoning Commission and City Council.

Prior to acceptance of any drainageway as an FMA by the City, the area shall be cleared of all debris. Floodway Management Areas dedicated to the City shall be left in a natural state except those areas designated for recreational purposes.

Design Criteria -

The following design criteria shall be required for development adjacent to the FMA:

Adequate access must be provided along the FMA for public or private maintenance. An unobstructed area a minimum of twenty feet (20) wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to one side or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five feet (5') shall also be provided, if possible.

Lots in residential zoning districts shall not be platted in the FMA. If lots back to an FMA, at least two reasonable points of access to the FMA, a minimum of twenty feet in width, shall be provided. Streets and alleys may qualify as access points. All areas of the FMA must be accessible from the access points. Lots used for attached housing may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents.

Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (if they conform to applicable engineering standards).

Whenever possible, public streets shall be constructed adjacent to the FMA to allow access for maintenance or recreational opportunities.

Drainage areas, which have been altered and are not in a natural condition can be exempted from an FMA and this section at the discretion of the City Council upon recommendation of the City Engineer.

All floodplain reclamation shall be according to the City's to the floodplain reclamation and preservation provisions contained in Sections XXX [sic] of the Zoning Ordinance.

(Ordinance 030609-3 adopted 6/9/03)

§ 5.15 Parkland Dedication and Development.

Purpose, Scope.

This section is intended to provide for meeting the parkland needs created by residential development in the city. The provisions of this section shall apply to all new residential development within the city for which a plat is required to be submitted to the city for approval.

Exemptions.

The provisions of this section shall not apply to the following:

Senior living facilities and senior care facilities, including assisted living facilities, senior congregate care facilities, memory care facilities and nursing homes. However, independent living and retirement communities or age-restricted housing developments shall be subject to the provisions of this section[.]

Residential development for property to be located on a lot of record that was approved prior to the effective date of this section.

A record plat, minor plat, or replat which was approved prior to the effective date of this section.

Residential development constructed or to be constructed in accordance with a building permit issued prior to the effective date of this section.

Parkland Requirements for Residential Developments.

Park design requirements:

The following standards shall be used in designing parks and adjacent development:

Where physically feasible, parks shall be bounded by streets, or by other public uses (e.g., a school, library, recreation center).

Where residential lots are directly adjacent to a park, lots must be oriented to side and not back to the park. In this instance, cul-de-sac and looped streets must be used to access the lots and park.

Residential lots may back to a park only when the site's physical character (e.g., shape, topography, drainage) does not reasonably permit an alternative design or the layout of the subdivision complements the use of the park (e.g., lots backing to a golf course). An exception to this requirement may be available under subsection 3.8, Petition for Hardship Exception, if a petitioner alleges that unreasonable hardships will result from strict compliance with such standard or condition.

A proposed subdivision adjacent to a park may not be designed to restrict reasonable access to the park from other area subdivisions.

(5)

Street connections to existing or future adjoining subdivisions may be required to provide reasonable access to parks.

(6)

Alleys shall not abut a park.

(7)

The developer shall install a hike-and-bike trail connection from the street to the hike-and-bike trail/park prior to final acceptance of the subdivision. This trail must be blocked from motor vehicle traffic. However, the developer may request to escrow funds for the contracted amount prior to final acceptance of the subdivision with city approval. The escrow amount will remain in place until the trail has been completed and accepted by the city.

(8)

A fifteen (15) foot level surface shall be provided for all public hike-and-bike trails. The parkway for the public street may count towards the fifteen (15) foot wide level surface.

(9)

All proposed hike-and-bike trails shall be shown on the preliminary plat. The city manager or designee shall make the final determination of the placement of the public hike-and-bike trail at the time of the final plat.

(10)

No development shall interrupt future trail routes or otherwise hinder efficient public access to or from an existing or future planned trail. Gated and other limited access developments shall be designed such that they facilitate, and do not impede, through public access, emergency ingress and egress, usage and enjoyment of public trails.

(b)

Dedication requirements (land, payment, or combination).

Land conveyance or payment in lieu of land required.

The owner of any property to be developed for residential purposes shall convey land for park purposes or make a payment of money in lieu of land, or a combination of both, to the city at the time of subdivision to provide for the recreational needs created by such development, in accordance with the provisions of this section.

Proposed number of dwelling units.

All plats, lots of record, replats, site plans or proposed improvements of land for new residential development shall indicate the number of proposed dwelling units to be constructed or placed within the development on such plat, lot of record, replat or site plan.

Determination or requirements.

In reviewing any lot of record, plat, site plan or proposed improvements of land for a new residential development (including townhome and/or multifamily developments), the city manager or designee shall make a determination of whether a conveyance of land, payment of money in lieu of land or a combination of both shall be made to meet the requirements of this section.

Factors considered.

In making a determination of which type of dedication, or combination thereof, shall be made, the city manager or designee shall evaluate what would be in the best interest of the city, based upon relevant factors that may include, but not be limited to, the following:

Whether the proposed land to be conveyed for park purposes would be suitable as a regional, neighborhood, linear, community, or city park;

Any adopted park plan or sub-area plan for the area in which the development is located;

Whether the proposed land to be conveyed for park purposes is adjacent to an existing or proposed school site.[;]

(iv)

Whether there is sufficient existing public or private parkland in the area of the proposed development;

(v)

Whether the park needs of the area where the proposed development is located would be best served by expanding or adding to existing parks;

(vi)

Whether the land is located adjacent to a greenbelt park which is intended to be preserved in its natural state; and

(vii)

Whether the development of a park in the location proposed reflects the guidelines of the comprehensive plan.

(5)

Dedication: Conveyance of land requirements.

The park board shall make a recommendation to the city council regarding whether a conveyance of land shall be required. Conveyance of land shall meet the requirements of this section and the following provisions shall apply:

Amount.

The required conveyance of land shall be one (1) acre of land per fifty (50) residential units, or an amount proportionally equal to five percent (5%) of the total tract acreage, whichever is greater.

Manner and method.

Plats required to be submitted to the city for approval shall show thereon a fee simple conveyance to the city of the land required for park purposes as a condition to approval of such plat by the city. The city may further require the conveyance of the park property by general warranty deed. As a condition to acceptance of the plat or deed by the city, the subdivider shall provide the city with an owner's title policy of insurance in an amount equal to the value of the land conveyed, which amount shall be determined by the city.

Credit for private recreation facilities.

Where private recreation facilities are built for the residents for the subdivision or development, a credit may be granted with a recommendation from the park board and approval by the city council. The value of these private recreation facilities shall be determined by the city council, but shall not exceed fifty percent (50%) credit of conveyance.

(iv)

Credit for prior dedications.

Where a gift of land was made prior to the effective date of this section by the owner of land required to convey land under the provisions of this section, the former gift of land shall be credited on a per-acre basis toward the required conveyance provided by this section when the city council finds that:

*	The gift was made within five (5) years of the effective date of this section.
*	The land given was within one-half mile of the new development for which land is required to be conveyed.
*	The land given is not being presently used for purposes incompatible with park purposes and is suitable for park purposes.
*	A credit may be given for on-site improvements that are compatible with long-range development plans for the proposed park.
*	The credit provided for herein shall not be transferable and shall only be given to the donor of the land who is the owner of the property being developed for which a conveyance of land is required by this division, unless said prior conveyances were included as a part of an executed facilities and/or development agreement between the city and the developer.

(v)

Credit for conveyance of floodplains.

In cases where floodplain and/or property is proposed to be conveyed to satisfy the parkland dedication requirements, a credit will be given based upon the following formula or ratio: three (3) acres of floodplain shall equal one (1) acre of land outside the floodplain, if approved by the park board.

(6)

Suitability of land for neighborhood parks, community parks, or linear parks.

The park board shall be the arbiter of what land is suitable for parkland dedication, subject to final approval by the city council. A proposed conveyance of land shall not be considered suitable for neighborhood parks, community parks, or open space purposes if it has one or more of the following characteristics:

*	Located within the 100-year floodplain, as shown on the latest flood insurance rate map or floodplain ordinance adopted by the city on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The city may accept no more than the twenty percent (20%) floodplain land, unless a greater percentage of land within the floodplain is determined in the best interest of the city.
*	The proposed dedication is less than seven and a half (7.5) acres for a neighborhood park or less than twenty (20) acres for a community park, unless the proposed dedication is located in such a manner in which it could be combined with other dedications to create a park of adequate size.
*	It has unusual topography or slope or has utility easements that render it unsuitable for organized recreational activities or passive park needs, depending on the city's intended use for the property.
*	It does not, or would not, front an improved public street or would not be readily accessible, in whole or in part, to the public.

[Reserved.]

[Reserved.]

[Reserved.]

Dedication: Payment in lieu of land provisions.

Where the city manager or designee determines that a payment of money in lieu of land shall be made, the following provisions shall apply:

Determining the amount of payment.

Any payment of money required to be paid shall be in an amount equal to the average per-acre value of the whole property included within the residential development or the amount set forth in the fee schedule, as it currently exists or may be amended, whichever is greater.

In determining the average per-acre value of the total land included within the proposed residential development, the city manager or designee may base its determination on one or more of the following:

*	The most recent appraisal of all or part of the property made by the county central appraisal district; or
*	Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which has occurred within two (2) years immediately preceding the date of determination; or

Where, in the judgment of the city manager or designee, subsection (i) or subsection (ii) above would not, because of changed conditions, be a reliable indication of the current value of the land being developed, an independent appraisal of the whole property obtained by the city and paid for by the developer.

Time of payment.

Any payment of money required herein shall be paid as a condition to the approval of any final plat or replat. Payment shall be made prior to the filing of the plat unless otherwise stated in an agreement approved by the city council.

Parkland dedication fund.

All cash payments paid to the city in accordance with this section shall be deposited in a separate parkland dedication fund. The city shall account for all such payment with reference to each development for which the payment is made.

Use of funds.

Any payments made to the park development fund must be used for the acquisition and development of parks, hike-and-bike trails or public open space located within the city.

(g)

Compliance, penalties, sanctions and redeterminations.

Requirements to be satisfied prior to development.

It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this section, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within any development to which this section applies until the required conveyance of land or payment of money in lieu of land is made to the city in accordance with this section.

Permits and services to be withheld.

No building permits shall be issued for and no permanent utility services shall be provided to any land within any development to which this section applies until the required conveyance of land or payment of money in lieu of land is made to the city in accordance with this section.

Redetermination of requirements for proposed additional dwelling units.

After the city council has made a determination of the requirements of this section, or after the requirements of this section have been met, based upon the proposed number of residential dwelling units for any land to which this section applies, any person who desires to construct a number of dwelling units in excess of the number of dwelling units for which the requirements of this section were determined or met must submit to the city council a revised calculation for the total number dwelling units in the development. If the additional number of dwelling units changes the density of the development, a zoning change may be required. If the additional dwelling units are accepted by the city through a process determined by the city manager or designee, the developer shall either convey the additional parkland through a plat or replat or shall pay a fee in lieu of parkland for the additional dwelling units at the issuance of the first building permit for all the additional units, regardless of whether all of the units are being constructed at one time.

Park Improvement Fees.

Purpose.

A park improvement fee ("park fee") is hereby imposed on residential development for the purpose of ensuring that city, community, neighborhood and linear park facilities are available and adequate to meet the needs created by such residential development.

The park fee is imposed in conjunction with and in addition to requirements for the dedication of neighborhood and linear parkland and the construction of neighborhood and linear park improvements for which contributions the property owner may be reimbursed from proceeds of park fees imposed, as provided in subsection (f), use of park improvement fees.

(b)

Applicability of park fee.

In all cases in which parkland is dedicated or cash is paid in lieu of parkland dedication, the subdivider shall also pay to the city a sum of money, as set forth by subsection (d) of this section, amount of park improvement fee. This subsection does not apply to activities involving the replacement, reconstruction, remodeling, rehabilitation or other improvements to an existing residential structure, or to the rebuilding of a damaged structure or to permits required for accessory uses, unless such activity results in a change in the type or increase in the number of dwelling units.

(c)

Imposition of park fee.

Imposition of the park fee does not alter, negate, supersede or otherwise affect any other requirements of city, county, state or federal legislation or regulations that may be applicable to a residential development, including city zoning and/or subdivision regulations that may impose open space and park requirements and standards.

(d)

Amount of park improvement fee.

A park improvement fee will be assessed at a rate of $3,000.00 per dwelling unit for single-family dwellings and $2,500.00 per dwelling unit for multifamily dwellings.

(e)

Timing and processing of park improvement fees.

The park improvement fee shall be paid prior to the issuance of a building permit.

All park improvement fee payments shall be segregated in a separate fund.

The city shall maintain and keep financial records for park improvement fees, which shall show the source and disbursement of all fees collected.

(f)

Use of park improvement fees.

Park fees must be used for the following purposes:

To acquire, develop, and provide equipment for parks.

To repay developers for the reasonable costs of any park improvements constructed and accepted by the city.

(g)

Additional voluntary park improvements.

A developer may request permission to construct, at his own expense, additional park improvements. The city may accept or reject voluntary dedications of parkland and/or additional park improvements. Such voluntary dedications and/or improvements shall be considered for approval by the park board. All improvements, in public parks and open spaces shall be consistent with the design criteria and objectives of the city and any adopted park plan, and shall, upon installation, become the property of the city. Prior to constructing such additional park improvements, the developer shall enter into a development agreement with the city that defines, among other things, the work to be performed, construction schedules, improvement costs, performance surety, the amount to be reimbursed by the city (if any), and the timing of such reimbursement (if any).

(h)

Appeals and variances.

The developer may appeal the following decisions of the city manager to the city council:

The applicability of the park fee;

The amount of the fee due; or

The amount of refund due, if any.

The developer must file a notice of appeal with the city council within thirty (30) days following the determination by the city manager or designee. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the park fee due as calculated by the city manager or designee, the development application shall be processed. The filing of an appeal shall not stay the collection of the fee due, unless a bond or other sufficient surety has been filed.

The city council may grant variances from any requirements of this division, upon written request by a property owner, following a public hearing, and only upon a finding that a strict application of such requirement would result in a substantial hardship that is not common to similarly situated property owners.

Park fee as additional and supplemental requirement.

The park fee is in addition and supplemental to and not in substitution of parkland dedication or fees in lieu of land conveyance, or any other requirements imposed by the city on the residential development of the land.

Establishing Hike and Bike Trail Requirements.

Hike and bicycle trail master plan.

Hike-and-bike trails located within or adjacent to the development shall be constructed at the developer's expense in accordance with any adopted master plan, and as amended.

(b)

Requirements.

Hike-and-bike trails, especially those providing access to and along a major creek and other open spaces, shall be in accordance with the following design criteria unless otherwise approved by the city manager or his/her designee:

A minimum fifteen (15) foot' wide level ground surface shall be provided for a public hike-and-bike trail, where required. The fifteen (15) foot wide? level ground surface may be provided within and/or outside of the 100-year floodplain. The city manager or designee may alter the fifteen (15) foot wide level ground surface requirement where special topographic conditions exist.

The parkway of a public street may count toward the fifteen (15) foot wide level ground surface, upon approval of the city manager or designee.

Low water crossings for the hike-and-bike trail may be allowed upon approval from the city manager or designee.

The hike-and-bike trail shall be designed so as to minimize visibility blind spots from public streets for public safety purposes.

(5)

Construction plans for the development shall include engineered drawings of trail cross-sections in accordance with the city's engineering design standards.

(6)

Hike-and-bike trails shall be shown on the final plat and dedicated as "trail easements."

(c)

Locations and easements.

Locations of all trails shall be consistent with the locations designated in any adopted master plan, and are subject to approval by the city manager or his/her designee.

The city manager or his/her designee shall have the authority to determine the placement of future hike-and-bike trails at the time of conveyance plat or preliminary plat review and approval.

No development shall interrupt future trail routes or otherwise hinder efficient public access to or from an existing or future planned hike-and-bike trail. Gated and other limited access developments shall be designed such that they facilitate, and do not impede, through public access, emergency ingress and egress, usage, and enjoyment of public trails.

Residential developments that own, by means of an HOA, open space, must provide a pedestrian access easement to allow future hike-and-bike trails to transverse the property.

(d)

Trails along major creeks, and greenways.

The location of trails within developments adjacent to major creeks or greenway trails recognized in the adopted master plan shall be coordinated with the city manager's office, or his or her designee, and shall be staked in the field by the developer and approved by the city manager or designee prior to the submittal of a conveyance plat or preliminary plat.