(a)
All lots of a plat shall front on a dedicated public street, or an
approved private street.
(b)
Lot dimensions shall comply with the standards required by the comprehensive
zoning ordinance.
(c)
The area of the lots shall be computed by taking the total area measured
on a horizontal plane, included within the lot lines.
(d)
All side lines of lots shall be at right angles to straight street
lines or radial to curved street lines, unless a waiver from this
rule would, in the opinion of the planning and zoning commission,
subject to review and approval by council, produce a better lot plan
and better utilize the proposed development.
(e)
Block lengths between intersecting cross streets shall be no more
than one thousand six hundred feet (1,600') and no less than two hundred
fifty feet (250').
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
Whenever a final plat is submitted to the city or is required to
be approved by the city for development of a residential area consisting
of ten (10) or more single-family residences in accordance with the
ordinances of the city, such plat shall contain a clear fee simple
dedication of an area of land to the city for park purposes, which
area shall equal one acre for each 30 proposed dwelling units. No
plat showing a dedication of less than one (1) acre shall be approved,
except as hereinafter provided.
(b)
The city council declares that development of an area smaller than
one acre for public park purposes is impractical. Therefore, if a
proposed subdivision consists of fewer than 35 units, the developer
shall be required to pay a sum of money in lieu of a dedication of
landing [land in] the amount provided in this subsection. In lieu
of dedication, the developer may make payment at a per-acre price
set from time to time by resolution of the city council, sufficient
to acquire land and provide for adjacent streets and utilities for
a neighborhood park to serve the park zone in which such development
is located. The zones are hereby illustrated in exhibit A. Unless
changed hereafter by the city council, such per-acre price shall be
computed on the basis of fewer than 35 lots and basis of $1,000.00
per dwelling unit/lot. Such funds may be used for acquisition, improvement,
or maintenance of a park within a same zone as a development. The
city council may establish a special fund for the deposit of all sums
paid in lieu of any land dedication. These sums must be expended within
two (2) years of the completion of the subdivision for the acquisition,
development, or maintenance of a neighborhood park. If the funds are
not expended, the funds shall be refunded to the property owners in
the subdivision on a pro-rata basis. For proposed subdivisions of
35 or greater family dwellings, the developer may elect to pay cash,
subject to city council approval, in lieu of any land dedication requirement.
Editor’s note–Exhibit A, referred to
in the above section, is not printed herein but is on file in the
city secretary’s office.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
Streets.
(1)
All street widths shall conform to the master thoroughfare plan and
shall be as follows:
|
Street or Thoroughfare Type
|
Minimum Right-of-Way Width
|
Pavement Width
(measured from edge to edge)
|
|---|---|---|
|
Arterial (type A)
|
120 ft.
|
39 ft. (each direction)
|
|
Major collector (type B)
|
90 ft.
|
64 ft.
|
|
Collector (type C)
|
60 ft.
|
34 ft.
|
|
Residential
|
50 ft.
|
24 ft.
|
|
Private road (type D)
|
50 ft.*
|
24 ft.
|
|
*Private roads shall not be in ROW but within an access, drainage,
and utility easement.
|
(2)
All street rights-of-way shall be dedicated to the city as part of
the platting process and without cost to the city.
(3)
Existing streets shall be continued with the same or greater right-of-way
and pavement widths as the existing streets being connected where
practical, as determined by the planning and zoning commission. Street
names shall also be continued for extended streets.
(4)
Dead-end streets may be platted where the land adjoining the proposed
plat has not been developed and the opportunity exists for future
extension of the proposed street and shall not exceed one hundred
fifty feet (150'). In the event that such proposed street exceeds
one hundred fifty feet (150') in length or one lot width, from the
nearest street intersection, the street will be provided with an approved
cul-de-sac, turnaround either permanent or temporary (defined as permanent
quality and made of asphalt), having a minimum right-of-way radius
of sixty feet (60').
(5)
Where streets within the proposed subdivision are dictated by lot
design to be cul-de-sacs, such cul-de-sac streets shall be provided
with a permanent cul-de-sac having a minimum right-of-way radius of
sixty feet (60') and shall not exceed six hundred feet (600') in length
except in circumstances dictated by topography and existing development.
Future streets that may offer a second point of access shall not be
considered when measuring the length of cul-de-sac until the street
is actually constructed. In situations where cul-de-sacs exceed the
prescribed length by more than five percent (5%), a combination of
the following based on the number of lots and dwelling units will
be considered as a mitigating measure:
(6)
A secondary point of access, meeting the fire code, will be required
for any subdivision, or any part of a subdivision, to prevent more
than 10 lots from having only one point of access or emergency access.
The secondary point of access shall not be routed through existing
subdivisions.
(7)
Roadways shall be designed with regard for all topographical features
lending themselves to treatment and layout of utilities.
(8)
In platting the subdivision, the developer shall dedicate all the
necessary right-of-way for the existing and proposed streets as shown
on the proposed plat in accordance with the major thoroughfare plan
or other plans approved by the city, at no cost to the city.
(9)
All streets shall be constructed in the dedicated right-of-way as
required by the major thoroughfare plan. If a street as shown on the
major thoroughfare plan is located in the interior of the subdivision,
the developer shall construct the entire width of the roadway. Streets
which dead-end at utility rights-of-way, intended for future extension
across these rights-of-way, shall be constructed to the center of
the right-of-way as required by the major thoroughfare plan for half
the distance across the rights-of-way. Where streets are dedicated
adjacent to undeveloped land and the property line is normally the
centerline of the street, the developer shall dedicate the necessary
right-of-way.
(10)
All new streets and median openings and left-turn lanes, constructed
in existing streets to serve dedicated streets in a development, or
to serve private drives, shall be paved to city standards, inspected
by city inspectors and paid for by the developers.
(11)
Acceleration and deceleration lanes shall be constructed to the same
standards as the adjoining streets, and cost of construction shall
be the developer’s responsibility.
(12)
All handicap ramps shall be constructed by the developer in accordance
with the paving design manual prior to acceptance of the subdivision.
(13)
At a signalized intersection in which one public street terminates
at the intersection of a connecting cross street, a private driveway
shall not be placed on the cross street so as to be in alignment with
the terminating street. However, an exception to this requirement
may be considered when it is demonstrated that the location of the
proposed drive, at the intersection, is the only acceptable access
point due to spacing requirements and other design standards.
(14)
A public cross-access easement shall be required between adjacent
lots fronting on an arterial street in order to minimize the number
of access points and facilitate access between and across individual
lots and at any other location where existing lot widths are not sufficient
to allow individual driveways per the city’s driveway criteria
as determined by the city engineer. The location shall be approved
by the city[.] Minimum easement width shall be twenty-four (24) feet
and the length shall be the full width of the lot fronting the roadway[.]
This standard is required and must be shown on all optional studies,
preliminary plats and final plats.
(15)
Subdivision streets shall be tied to an existing paved public street
by pavement built to city standards.
(16)
Residential lots shall not face arterial streets or thoroughfares
and driveways shall not be permitted on arterial streets unless approved
by the city engineer.
(b)
Private roads.
The following are required for private
roads:
(1)
A minimum pavement width of twenty-four (24) feet constructed in
accordance with the paving design manual;
(2)
A minimum width of fifty (50) feet and contained within an access,
drainage, and utility easement;
(3)
Shall be in a separated lot dedicated to and maintained by an HOA;
and
(4)
Shall be the same design, engineering, and planning requirements
as a city street.
(c)
Sidewalks.
(1)
Concrete sidewalks are required for all streets (residential R1 and
any commercial or retail zoning), unless waived by the city council
at time of preliminary plat approval.
(2)
Sidewalks located on residential streets shall be five feet (5')
in width, located within the street right-of-way and constructed in
accordance with the paving design manual. In R-1 zoning districts,
each residential lot shall pay double park fees in lieu of a sidewalk.
(3)
Sidewalks located adjacent to commercial property and all designated
arterial or collector streets, as shown in the major thoroughfare
plan, shall be eight feet (8') in width within the street right-of-way
and constructed in accordance with the paving design manual.
(4)
Sidewalks adjacent to arterial or collector streets shall be constructed
at the time the street is constructed. All other sidewalks shall be
constructed at the time the residence or development is permitted.
(d)
Street name signs.
(1)
Street name signs and all traffic-control devices shall conform to
the Texas Manual on Uniform Traffic-Control Devices and the standards
adopted by the city shall be required at each intersection.
(2)
The cost of the street name signs, poles and installation shall be
paid by the developer prior to acceptance of the subdivision. The
city shall install the signs upon receipt of payment. The city engineer
may allow the developer to install the street name signs and traffic-control
devices.
(e)
Storm sewers–Residential developments.
(1)
An adequate storm sewer system consisting of inlets, pipes, and/or
excavated channels or natural creeks and other drainage structures
shall be constructed with [within] the subdivision. The developer
shall bear the cost of all channel excavation, inlets, laterals, headwalls,
manholes, junction structures, and all other items required to complete
the system.
(2)
The developer shall be responsible for all the costs of storm drainage
systems where a pipe of seventy-two inches (72") in diameter, or less,
is installed.
(3)
In cases where the storm drain is larger than seventy-two inches
(72"), twenty-five percent (25%) of the cost of providing the additional
pipe larger than seventy-two inches (72") may be borne by the city
and reimbursed to the developer, if a part of the capital improvement
plan for the city and if funds become available. In such event, the
developer shall be responsible for the remaining seventy-five percent
(75%) and the cost of constructing the seventy-two-inch diameter pipe.
(4)
In general, underground drainage shall be constructed in streets,
alleys and drainage easements. As an alternate, and upon approval
by the city engineer, the developer may construct, excavate, or reconstruct,
at the developer’s expense, an open channel. The proposed channel
shall be constructed in accordance with the drainage and stormwater
pollution prevention design manual.
(5)
All channels shall be provided with dedicated drainage easements
covering the floodway areas as defined by the drainage and stormwater
pollution prevention design manual. All lots platted adjacent to the
channel shall include the required drainage easement. Where possible,
the property line division between lots shall be the center of the
constructed channel.
(6)
If a developer chooses to construct an open channel or maintain a
channel in its existing condition, the following conditions shall
be met:
(A)
Creeks or excavated channels with side slopes of 4:1, or less, shall
be maintained by the adjacent owner(s); and
(B)
Creeks or channels with greater slopes shall be maintained by the
adjacent owners through an organized entity, owner association, public
improvement district, condominium agreement, or other means. The city
shall, through written agreement with the operating entity, have access
for emergency purposes.
(7)
In street crossings over drainage systems with a cross-section exceeding
the dimension of an opening larger than that of a two (2) seventy-two-inch
culvert pipe culvert, the city may participate in such crossings in
an amount not to exceed twenty-five percent (25%) of the construction
costs if a part of the capital improvement plan and if funds become
available.
(8)
Drainage ditches located within the public right-of-way or drainage
easements shall have a minimum of 2% slope, if a drainage ditch has
less than 2% slope the drainage ditch shall be concrete lined. The
concrete lining shall be a minimum of 2' wide but not less than the
width of the base of the ditch, the concrete lining shall be 5 inches
thick, have a minimum of 2500 psi compressive strength and have grid
pattern of 12" with 3/8" rebar with a minimum of two bars in any direction.
(f)
Storm sewers–Nonresidential developments.
(1)
An adequate storm drainage system consisting of inlets, pipes, underground
structures, and/or channels or creeks shall be constructed by the
developer in accordance with the drainage and stormwater pollution
prevention design manual.
(2)
The developer shall pay the total cost of all underground systems
which are constructed where a double seventy-two-inch diameter or
smaller pipe will carry the runoff. The city may participate to the
extent of ten percent (10%) of the difference between two seventy-two-inch
pipes and any larger diameter pipes, and reimburse the developer for
such costs if a part of the capital improvement plan and if funds
become available.
(3)
In general, underground drainage shall be constructed in rights-of-way.
As an alternate, if approved by the city engineer, the developer may
construct, excavate, or reconstruct, at the developer’s expense,
an open channel in accordance with the drainage and stormwater pollution
prevention design manual.
(g)
Lakes, detention ponds, and retention ponds may be constructed in
all areas to be maintained by the owner, subject to approval by the
city engineer. Dedication of an easement to the city is required to
provide access for emergency purposes.
(h)
Other innovative drainage concepts will be considered, subject to
review and approval by the city engineer and city council.
(i)
Street lighting.
(1)
Street lighting shall be provided at street intersections at the
request of the city engineer within new subdivisions and at streets
connecting to new subdivisions. Street lighting shall conform to the
latest edition of the Illuminating Engineering Society Handbook and
the city’s regulations as provided in the Code of Ordinances
and zoning regulations. When a conflict exists between the two, the
city’s Code of Ordinances shall take precedent. The use of sodium
vapor lights for street and parking lot illumination shall not be
allowed in the city.
(2)
Cost of installation of street lighting shall be borne by the subdivider.
Cost of ongoing service and utilities shall be borne by the subdivider
and included in a maintenance agreement as part of the homeowners’
association documents approved by the city attorney.
(3)
The city may install and maintain lights at existing intersections
that the city engineer deems necessary.
(4)
The city engineer may, based on field conditions, modify the requirements
of this section.
(5)
A request for street lighting that is denied by the city engineer
may be appealed to the planning and zoning commission. The request
for an appeal must be made in writing to the development services
director explaining why a streetlight in the proposed location is
warranted and further citing factors as to why the city engineer’s
decision should be overturned. This request for an appeal must be
received by the development services department no less than 20 days
prior to the scheduled planning and zoning commission meeting in which
the appeal will appear on the agenda. A recommendation for approval
from the planning and zoning commission shall then be forwarded to
the city council for final action. A recommendation of denial by the
planning and zoning commission will only be forwarded to the city
council for final action upon written request of the applicant. Such
written request must be received within thirty (30) days of the commission
denying the request. The decision of the city council is final.
(6)
All streetlights shall conform to the city’s lighting regulations
and be the same or similar in nature to the examples of streetlights
as shown on figure 1, figure 2 and figure 3:
 |
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance adopting
Code; Ordinance 2014-05-00780 adopted 5/1/14; Ordinance 2016-01-00827 adopted 1/7/16; Ordinance
2016-10-00843 adopted 11/3/16; Ordinance 2021-11-00939 adopted 11/4/21)
(a)
Water and utility, general provisions.
(1)
All utilities shall be required to extend across the full width of
the last lot platted on each street proposed within the subdivision,
in such an alignment that it can be extended to the next property
in accordance with the master water and sewer plans for the city.
Properties already served by water and sewer shall not be required
to install additional facilities unless the current lines are not
of adequate capacity to serve the proposed development, in which case
the developer shall be required to install adequate facilities.
(2)
Every lot of the plat shall have direct access to the water. Utility
service shall be from a water main located in an abutting right-of-way
or through easements from the lot to a water main.
(b)
Water.
(1)
No water main shall be extended unless the diameter of any such extended
main is a minimum of eight inches (8") in diameter. Larger mains may
be required per the water master plan.
(2)
The water system shall be looped. Dead-end mains, if permitted, shall
not exceed six hundred feet (600'). Single feeds may be permitted
with the approval of the city engineer. Single feeds shall provide
for looping in the future.
(3)
The spacing and location of all fire hydrants shall comply with the
provisions of the fire code and the water and wastewater design manual
adopted by the city.
(4)
The developer will bear the total cost of on-site mains, with sizes
to be determined by the city, except that the city may pay for the
increment of cost of water and sewer mains over twelve inches (12")
in diameter provided that such mains are required as a part of the
water master plan, and if a part of the capital improvement plan for
the city, and if funds become available. The increment of the cost
borne by the city shall be determined on the basis of percentage difference
between the twelve-inch water or sewer mains and the larger size required.
(c)
Wastewater.
In locations where wastewater service is
not available, as determined by the city engineer, an individual sewage
disposal system of a type approved by the building official may be
installed, in conformance with the plumbing code adopted by the city,
as applicable, and the requirements of the county and the state commission
on environmental quality.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
When amenities are proposed as a part of a subdivision and are owned
and maintained by owners in common or through an association of 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 the following:
(1)
Plans and illustration of the proposed amenities;
(2)
Cost estimates of construction, maintenance and operating expenses;
(3)
Association documents, deed restrictions, contracts and agreements
pertaining to the amenities; and
(4)
Provision of surety as required for maintenance and other expenses
related to the amenities.
(b)
The design of amenities shall conform to the city’s guidelines
for residential amenities as adopted by the city council.
(c)
All amenities to be placed on land dedicated to the city, or involving
the potential use of public funds for maintenance and/or operation,
shall require city council approval prior to approval of the preliminary
plat. The city council may deny any such amenities at its sole discretion.
(d)
All such amenities must be completed and in place prior to acceptance
of the public improvements and prior to final release of certificate
of occupancy and occupying of residential structures.
(e)
Any subdivision creating an area or amenity to be owned in common
by the owners of lots within the subdivision shall require the establishment
of a mandatory owners’ and/or homeowners’ association
prior to the approval of the final plat.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
(a)
Applicability.
When a subdivision contains streets,
sewers, sewage treatment facilities, water supply systems, drainage
systems or structures, parks, landscaping systems or features, irrigation
systems, screening walls, living screens, buffering systems, subdivision
entryway features (including monuments or other signage), or other
physical facilities or grounds held in common that are not to be maintained
by the city, the city may require the establishment and creation of
a mandatory homeowners’ association to assume and be responsible
for the continuous and perpetual operation, maintenance and supervision
of such facilities or grounds.
(b)
Responsibilities.
Such mandatory homeowners’ associations
shall be responsible for the continuous and perpetual operation, maintenance
and/or supervision of landscape systems, features or elements located
in parkways, lighting, [and] common areas between screening walls
or living screens and adjacent curbs or street pavement edges, adjacent
to drainageways or drainage structures, or at subdivision entryways.
Subdivision entryway treatments or features shall not be allowed unless
a mandatory homeowners’ association as required herein is established
and created. The city shall be responsible for the repair of landscape
systems, features or elements damaged by city-initiated utility work
in dedicated easements. Other damage occurring during utility repairs
will be the responsibility of the appropriate utility company.
(c)
Purpose.
A homeowners’ association shall be established
and created to assume and be responsible for the continuous and perpetual
operation, maintenance and supervision of landscape systems, features
or elements located in parkways, common areas between screening walls
or living screens and adjacent curbs or street pavement edges, adjacent
to drainageways or drainage structures or at subdivision entryways,
open space common areas or properties including but not limited to:
landscape features and irrigation systems, subdivision entryway features
and monuments, private amenity center, playgrounds, pavilions, ponds,
detention ponds, drainage easements, off-street parking for the private
amenity center, swimming pool, exercise trail, private neighborhood
park and related amenities.
(d)
Dedications to homeowners’ association.
All open
space and common properties or areas, facilities, structures, improvements
systems, or other property that are to be operated, maintained and/or
supervised by the homeowners’ association shall be dedicated
by easement or deeded in fee simple ownership interest to the homeowners’
association after construction and installation as applicable by the
owner and shall be clearly identified on the record final plat of
the property.
(e)
Approval.
A copy of the agreements, covenants and restrictions
establishing and creating the homeowners’ association must be
approved by the planning and zoning commission based on recommendation
of city attorney prior to the approval of the final plat of the subdivision
and must be filed of record with said final plat in the plat records
of the county. The final plat shall clearly identify all facilities,
structures, improvements, systems, areas or grounds that are to be
operated, maintained and/or supervised by the homeowners’ association.
(f)
Contents of homeowners’ association agreements.
At a minimum, the agreements, covenants and restrictions establishing
and creating the homeowners’ association required herein shall
contain and/or provide for the following:
(1)
Definitions of terms contained therein;
(2)
Provisions acceptable to the city for the establishment and organization
of the mandatory homeowners’ association and the adoption of
bylaws for said homeowners’ association, including provisions
requiring that the owner(s) of any lot or lots within the applicable
subdivision and any successive purchaser(s) shall automatically and
mandatorily become a member of the homeowners’ association;
(3)
The initial term of the agreement; covenants and restrictions establishing
and creating the homeowners’ association shall be for a twenty-five-year
period and shall automatically renew for successive ten-year periods,
and the homeowners’ association may not be dissolved without
the prior written consent of the city council;
(4)
Provisions acceptable to the city to ensure the continuous and perpetual
use, operation, maintenance and/or supervision of all facilities,
structures, improvements, systems, open space or common areas that
are the responsibility of the homeowners’ association and to
establish a reserve fund for such purposes;
(5)
Provisions prohibiting the amendment of any portion of the homeowners’
association’s agreements, covenants or restrictions pertaining
to the use, operation, maintenance and/or supervision of any facilities,
structures, improvements, systems, area or grounds that are the responsibility
of the homeowners’ association without the prior written consent
of the city council;
(6)
The right and ability of the city or its lawful agents, after due
notice to the homeowners’ association, to remove any landscape
systems, features or elements that cease to be maintained by the homeowners’
association; to perform the responsibilities of the homeowners’
association and its board of directors if the homeowners’ association
fails to do so in compliance with any provisions of the agreements,
covenants or restrictions of the homeowners’ association or
of any applicable city codes or regulations; to assess the homeowners’
association for all costs incurred by the city in performing said
responsibilities if the homeowners’ association fails to do
so; and/or to avail itself of any other enforcement actions available
to the city pursuant to state law, city codes or regulations; and
(7)
Provisions indemnifying and holding the city harmless from any and
all costs, expenses, suits, demands, liabilities or damages including
attorney’s fees and costs of suit, incurred or resulting from
the city’s removal of any landscape systems, features or elements
that cease to be maintained by the homeowners’ association or
from the city’s performance of the aforementioned operation,
maintenance or supervision responsibilities of the homeowners’
association due to the homeowners’ association’s failure
to perform said responsibilities.
(g)
Notice to purchasers.
Builders are required to post
notice in a prominent place in all model homes, sales offices and
on all open space areas larger than 20,000 square feet stating that
a property association has been established and membership is mandatory
for all property owners. The notice shall state at a minimum that
the builder shall provide any person upon their request the association
documents and a five-year projection of dues, income and association
expenses.
(h)
Maintenance reserve fund.
Prior to the transfer of the
control of the homeowners’ association to the lot owners, the
developer must provide a reserve fund equivalent to two months’
dues based on full homeowners’ association membership.
(i)
Property association activation.
Concurrent with the
transfer of the homeowners’ association, the developer must
transfer to the homeowners’ association control over all utilities
related to property and amenities to be owned by the homeowners’
association. The developer must also disclose to the homeowners’
association the total cost to date related to the operation and maintenance
of common property and amenities.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06; Ordinance
2021-11-00939 adopted 11/4/21)
The following design standards and specifications are incorporated
by reference into this article:
(1)
The city drainage and stormwater pollution prevention design manual,
paving design manual, and water and wastewater design manual adopted
by ordinance from time to time.
(2)
The city water master plan, wastewater master plan and storm drainage
master plan.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
As a condition of plat approval, the developer shall pay all
fees, charges, and assessments established by resolution or ordinance
of the city council, as may be imposed under this article or other
regulations of the city.
(Ordinance 2006-07-00567, sec. 1,
adopted 7/7/06)
