City of Gonzales, TX Section 7 Subdivision Design Standards

§ 7.01 Minimum Standards.

A. 

Basis for Standards.

The standards established within this Subdivision Ordinance for dedication and construction of public facilities and infrastructure are based upon engineering studies and historical usages and demands by different categories of development.

B. 

Minimum Level of Service Necessary.

This Subdivision Ordinance identifies certain minimum requirements and sizes for utilities, roadways, parks, and other facilities that have been determined by the City Council to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens.

1. It is the intent of this Subdivision Ordinance that no development occur until, and unless, these minimum levels of service are met.

2. Therefore, each Subdivision in the City shall be required to dedicate, construct or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.

C. 

Minimum Standards for Public Infrastructure.

1. For each category of public infrastructure, a minimum standard of infrastructure has been developed based upon historic studies and construction projects of the City and other cities.

2. The minimum standards take into consideration the soil standards, the topographic configuration of the City, the use and impact analyses in developing standard specifications.

3. The minimum standards reflect the minimum level of facilities that can be built to meet the health, safety and welfare of the citizens.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.02 Adequate Public Facilities.

A. 

Services Required.

Land proposed for development in the City and in the City’s extraterritorial jurisdiction (ETJ) must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, and drainage facilities.

B. 

Approval Timing.

Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off site.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.03 Conformance to Plans and Codes.

A. 

Public Improvements Conform to Plan and Codes.

1. Design and construction of Public Improvements must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation.

a. The Transportation Plan;

b. The Drainage Design Manual;

c. The Standard Construction Details;

d. The Texas Uniform Traffic-Control Device Manual;

e. Generally accepted Standard Specifications for Construction of Public Works;

f. American Association of State Highway Transportation Officials Design Manual;

g. Texas Health Code;

h. Engineering Standards Manual (ESM);

i. Texas Water Code;

j. Master Drainage Plans;

k. Floodplain Ordinance;

l. Erosion Control Ordinance;

m. Stormwater Management Plan; and

n. All other codes and ordinances of the City[.]

2. If the construction of Public Improvements is not completed within two (2) years from the Vesting Plat approval date, then the infrastructure must be redesigned using the most current criteria.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.04 Access Management.

A. 

Intent of Access Management.

It is the intent of this section to:

1. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system;

2. Reduce conflicting turning movements and congestion and thereby reducing vehicular accidents; and

3. Maintain and enhance a positive image for the attraction of new, high-quality developments in the City.

B. 

Applicability.

1. A person commits an offense if the person constructs, reconstructs, relocates or in any way alters the design or operation of any driveway without first obtaining a building permit issued by the Building Official.

2. No driveway shall be allowed or permitted if, in the determination of the City Manager, it is detrimental to the public health, safety and welfare.

C. 

Street Section Classifications.

Street section classifications shall be defined in accordance with the Transportation element of the City’s Comprehensive Plan.

D. 

Traffic Impact Analysis.

1. A Traffic Impact Analysis (TIA) may be required at the time of Vesting Plat submittal for all site developments on an Arterial Street or Collector Street.

a. Threshold for a Traffic Impact Analysis:

i. Residentially zoned Subdivisions that are projected to generate more than 1,000 new average daily trips (ADT) shall require a TIA.

ii. Office zoned Subdivisions that are projected to generate more than 500 new average daily trips (ADT) shall require a TIA.

iii. Retail/commercial zoned Subdivisions that are projected to generate more than 2,500 new average daily trips (ADT) shall require a TIA.

iv. Industrial zoned Subdivisions that are projected to generate more than 500 new average daily trips (ADT) shall require a TIA.

b. Calculation of the ADT for Subdivisions:

i. For calculating the ADT for residential zoned Subdivisions, a housing unit shall be considered to generate 10 vehicle trips a day.

ii. For calculating the ADT for office zoned Subdivisions, a 50,000 square foot building shall be considered to generate 500 ADT. In order to anticipated if a 50,000 square foot building can be built on a lot, the lot size with all setbacks and other related area zoning standards should be applied.

iii. For calculating the ADT for retail zoned Subdivisions, a 60,000 square foot building shall be considered to generate 2,500 ADT. In order to anticipated if a 60,000 square foot building can be built on a lot, the lot size with all setbacks and other related area zoning standards should be applied.

iv. For calculating the ADT for industrial zoned Subdivisions, a 75,000 square foot building shall be considered to generate 500 ADT. In order to anticipated if a 75,000 square foot building can be built on a lot, the lot size with all setbacks and other related area zoning standards should be applied.

2. A Minor Subdivision Waiver may be granted by the City Manager if the roadway is fully built.

E. 

Common Access.

1. Lots with sufficient frontage to safely meet the design requirements below may be permitted their own driveways.

2. A Common Access Easement may be required between adjacent lots fronting on any street section in order to minimize the total number of access points along those streets and to facilitate traffic flow between lots.

3. 

Common Access Easement.

a. The use of common driveways shall require the dedication of a joint-use private access easement on each affected property.

b. Said dedication shall be provided on the Filing Plat of the subject properties, or be filed by separate instrument approved by the City Attorney with the County with a copy forwarded to the City.

c. The Plat shall state that the easement shall be maintained by the property owner.

d. The Common Access Easement shall encompass the entire width of the planned driveway plus an additional width of one foot on both sides of the drive.

Figure 11: Example of Common Driveway (For Illustrative Purposes Only)

F. 

Driveway Design for State-Maintained Roadways Criteria.

The following standards shall be followed in the design and construction of driveways. The values in the following tables represent minimum standards to be applied in designing and locating driveways on City streets.

1. 

Driveway Dimensions and Spacing.

The following Table 6: Dimensions for Driveways along State-Maintained Roadways indicates the minimum dimensional values required for driveways along State-maintained roadways.

Table 6: Dimensions for Driveways along State-Maintained Roadways
Criteria	Commercial and Multifamily Driveway	Service Driveway
Driveway Throat Width	24–40 Feet	30–48 Feet
Driveway Curb Radius	20–30 Feet	25–40 Feet
Minimum Distance to Intersection Along Roadway	300 Feet	300 Feet
Minimum Driveway Spacing Along Roadway	300 Feet	300 Feet

Notes:
1	The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the City Manager if traffic volumes, truck usage, common driveways, and other factors warrant such.
2	Distance measured from the proposed driveway face of curb to the face of the nearest curb of the nearest driveway. Minimum spacing does not implicitly determine the number of driveways allowed. See subsection 7.04.F.2 (below) for additional restrictions on driveway locations along State-maintained roadways.
3	Distance measured from the intersection street nearest face of curb to the face of the curb of the proposed driveway. See subsection 7.04.F.2 (below) for additional restrictions on driveway locations along State-maintained roadways.
4	Service driveway spacing may be reduced to 150 feet if the ingress/egress volume is less than 50 vehicles per day and if the service driveway is a secondary driveway ancillary to a commercial driveway within the same development. See subsection 7.04.F.2 (below) below for additional restrictions on driveway locations along State-maintained roadways.
5	Driveway spacing may be reduced to 250 feet if the driveway is right-in/right-out only. Appropriate signage, pavement markings, and traffic-control devices must be provided to limit turning movements to right-in/right-out.

2. 

Additional Design Requirements.

a. Plans for all work within State Right-of-Way shall be submitted to the City Manager.

b. A driveway permit from TXDOT shall be acquired prior to Vesting Plat approval. Driveways shall be in accordance with TXDOT standards.

c. 

Deceleration Lane.

i. When the turning volume for a driveway exceeds 60 vehicles per hour during the peak hour, a deceleration lane shall be provided on highways with a posted speed of 40 mph or less.

ii. When the turning volume for a driveway exceeds 50 vehicles per hour during the peak hour, a deceleration lane shall be provided on highways with a posted speed of 45 mph or greater.

G. 

Driveway Design for City-Maintained Roadways.

The following standards shall be followed in the design and construction of driveways. The values in the following tables represent minimum standards to be applied in designing and locating driveways on City streets.

1. 

Driveway Dimensions and Spacing (City-Maintained Roadways).

The following Table 7: Dimensions for Driveways along City-Maintained Roadways indicates the minimum dimensional values required for driveways along City-maintained roadways (local streets, collectors, Arterial Streets).

Table 7: Dimensions for Driveways along City-Maintained Roadways
Criteria	Street Classification	Commercial and Multifamily Driveway	Service Driveway
Driveway Throat Width	Arterial Streets	24–40 Feet	30–48 Feet
	Collectors	24–40 Feet	30–48 Feet
	Minor/Local Streets	24–40 Feet	24–36 Feet
Driveway Curb Radius	Arterial Streets	20–30 Feet	25–30 Feet
	Collectors	10–20 Feet	10–20 Feet
	Minor/Local Streets	10–20 Feet	10–20 Feet
Minimum Distance to Intersection Along Roadway	Arterial Streets	200 Feet	200 Feet
	Collectors	150 Feet	150 Feet
	Minor/Local Streets	100 Feet	100 Feet
Minimum Centerline Driveway Spacing Along Roadway	Arterial Streets	250 Feet	250 Feet
	Collectors	150 Feet	150 Feet
	Minor/Local Streets	100 Feet	100 Feet

Notes:
1	The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the City Manager if traffic volumes, truck usage, common driveways, and other factors warrant such.
2	Minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the City Manager.
3	Distance measured from the intersection Right-of-Way line to the centerline of the proposed driveway.
4	Refer to subsection 7.04.G.2 (below). Commercial, multifamily and service driveways may not be permitted on local streets.

2. 

Additional Design Requirements (City-Maintained Roadways).

a. 

Driveways Prohibited.

i. Commercial, multifamily and service driveways shall not be permitted on local streets unless the tract or lot has no other public access.

ii. In the event there is no other access to a public street, commercial, multifamily and service driveways shall be permitted on local streets provided that they meet the design standards in Table 6: Dimensions for Driveways along State-Maintained Roadways.

b. 

Deceleration Lanes for Driveways on Arterial Streets Required.

i. When the turning volume for a driveway exceeds 60 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed of 40 mph to 45 mph.

ii. When the turning volume for a driveway exceeds 50 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed greater than 45 mph.

H. 

Required Internal Storage (Minimum throat Length/Stacking).

1. 

Minimum Throat Length.

The driveway for any multifamily, commercial or industrial property that connects to a highway, Arterial Street, or collector or local street shall extend onto private property a minimum distance of 15 feet, but not less than the required front landscape edge width, from the Right-of-Way line before intersecting any internal circulation drive.

2. 

Internal Storage (Stacking).

Internal storage (stacking) shall be provided on multifamily, commercial or industrial properties for corresponding driveways in accordance with Table 8: Required Internal Storage for driveways that provide ingress/egress to parking areas of 20 or greater spaces.

Table 8: Required Internal Storage
Average Number of Parking Spaces per Driveway*	Total Number of Parking Spaces**	Minimum Storage length
20–49	20–49	Landscape edge width +20'
	50–199	50'
	200+	75'
50–199	50–199	75'
	200+	100'
200+	200+	100'

Notes:
1	The average number of parking spaces per driveway is calculated by dividing the total number of parking spaces by the number of commercial and multifamily driveways. (Service driveways are not included in the calculation.)
2	The total number of parking spaces is the sum of all spaces accessible by a driveway or driveways both on site and off site. The internal storage shall be separated from parking areas by a five-foot (5') wide, raised curb island or median. Planting requirements for the island or median shall be one (1) Small Tree and one (1) five-gallon (5 Gal.) shrub for every fifteen (15) linear feet. Appropriate signage (e.g. stop, yield, etc.) shall be placed for any vehicular cross movement or internal circulation that intersects the ingress/egress circulation beyond the required internal storage.

I. 

Adequate Sight Distance.

1. Driveways shall be prohibited where adequate sight distance is not available for the established speed limit.

2. Sight distances shall be calculated in accordance with the latest edition of the AASHTO “A Policy on Geometric Design of Highways and Streets.”

3. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Manager that verifies adequate sight distance is available for the proposed driveway location.

4. For sight triangle requirements, (i.e., visibility triangles), please refer to section 7.07.C. Triangular Sight Visibility Easements (see also Figure 12: Visibility Triangles).

(Ordinance 2013-32 adopted 12/3/13)

§ 7.05 Alleys.

A. 

Use of Alleys.

During the Vesting Plat approval process, the Planning and Zoning Commission shall have the authority to require alleys or reject the use of any proposed alley. Additionally, the Planning and Zoning Commission may approve changes to the alignment or location of any proposed alley during the Vesting Plat approval process. The Planning and Zoning Commission shall base its decision on providing reasonable compatibility with surrounding development, providing safe and efficient traffic movement, and providing areas for infrastructure and city services, such as sanitation services.

B. 

Standards for Commercial and Industrial Alleys.

Alleys in commercial and industrial districts shall be 16 feet in width and be paved with reinforced concrete.

C. 

Standards for Residential Alleys.

Alleys in all residential areas shall be 12 feet in width and paved with reinforced concrete.

D. 

Alley Right-of-Way Width and Design.

1. The minimum Right-of-Way width of an alley serving industrial and commercial areas shall be 20 feet.

2. Alleys serving single-family residential areas shall have a minimum right-of-way width of 15 feet.

3. Alley turn-outs shall be paved to the property line and shall be at least two (2) feet wider than the alley paving.

4. A uniform transition in alley pavement widths shall be made in a distance of not less than 20 feet.

5. Alleys may be required along the rear lot lines when adjacent to Arterial Streets for rear entrance.

6. See section 7.10.K Street and Alley Requirements for additional requirements.

E. 

Maximum Alley Length.

1. Maximum alley length between access points to a street shall be 600 feet.

2. A length of more than 600 feet without access to a public street or approved access easement may be approved by Minor Subdivision Waiver.

F. 

Alley/Street Intersection - Right Angles.

Alleys shall intersect streets at right angles or radially to curved streets.

G. 

Alley/Street Intersection - Prohibition.

Alleys shall not intersect streets that are designated in the Comprehensive Plan as Arterial Streets.

H. 

Alley/Street Intersection - Separation.

The minimum distance between an alley/street intersection and a street/street intersection shall be the width of at least one (1) lot.

I. 

Alleys Intersections or Alley Sharp Angle.

In cases where two alleys intersect or turn at a sharp angle, lot corners shall be platted so that a triangular area of 25' x 25' or greater, is dedicated as part of the alley for the purpose of providing a minimum radius of 30 feet to the inside edge of the alley paving. For sight visibility safety, no utilities taller than three (3) feet shall be placed in the triangular area.

J. 

Radii of the Turn-Outs.

The radii of the turn-outs for alleys intersecting Arterial Streets shall be 16 feet and shall be 10 feet at intersections with all other streets.

K. 

Alley Fences.

Where driveways connect to alleys in commercial, industrial, or residential areas, fences may be constructed along the rear lot line of any lot to a point within five (5) feet of a point where the driveway would intersect the alley pavement at 90 degrees. Fences are optional.

L. 

Private Alleys.

Private alleys are prohibited.

M. 

Dead-End Alleys.

Dead-end alleys shall be provided with adequate turnaround facilities.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.06 Blocks.

A. 

Block Length Measurement.

The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the Block Face:

1. Of greatest dimension, or

2. On which the greatest number of lots face.

B. 

Block Width Measurements.

The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:

1. Of least dimension, or

2. On which the fewest number of lots face.

C. 

Block Measurement Factors.

The length, width and shapes of blocks shall be determined with due regard to:

1. Provision of adequate building sites suitable to the special needs of the type of use contemplated;

2. Zoning requirements as to lot sizes and dimensions;

3. Needs for convenient access, circulation, control and safety of street traffic;

4. Limitations of topography; and

5. Compatibility with efficient development of public facilities as established by surrounding developments.

D. 

Block Design.

1. Intersecting streets shall be provided at such intervals as to serve traffic adequately and to meet existing streets.

2. Where no existing subdivision controls, the block lengths should not exceed 1,200 feet.

3. Where no existing subdivision controls, the blocks should not be less than 500 feet in length. However, in cases where physical barriers, property ownership, or individual usage creates conditions where it is appropriate that these standards be varied then, upon approval by the City Manager, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic and public safety.

E. 

Exceptions.

1. These limits shall be exceeded only upon approval of a Subdivision Waiver.

2. Blocks longer than 600 feet shall be avoided in commercial and industrial districts.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.07 Easements and Dedications.

Easements and fee simple dedication of all property needed for the construction of streets, Arterial Streets, alleys, private common access easements, sidewalks, storm drainage facilities, floodways, water mains, wastewater mains and other utilities, retaining walls and any other property necessary to serve the Plat and to implement the requirements of the Subdivision Ordinance and Engineering Standards Manual shall be provided on Subdivision Plats and maintained by the property owner.

A. 

Utility Easements.

1. Where not adjacent to a public Right-of-Way, easements at least sixteen (16) feet wide shall be provided for utility construction, service, and maintenance shall be provided where necessary.

2. Easements accommodating both water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities shall be at least twenty (20) feet wide.

a. More easements or additional easement width may be required by the Planning and Zoning Commission if deemed necessary by the City Manager.

3. Easements at least sixteen (16) feet wide for utility construction, service, and maintenance shall be provided for lots which have frontage along state highways.

4. Easements of at least eight (8) feet in width shall be provided on each side of all rear lot lines and alongside lot lines, where necessary, for utilities to ensure a total easement width of sixteen (16) feet.

5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public Right-of-Way.

6. The following full statement of restrictions shall be placed in the dedication instrument:

Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements that in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements or Right-of-Way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them.

B. 

Fire Lane Easement.

1. Emergency access and fire lane easements shall be provided in locations required by the City and be curbed.

2. These easements shall have a minimum width of twenty-four (24) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.

3. All turns shall have a minimum inside radius of twenty-six (26) feet and a minimum outside radius of 50'.

4. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or private way or be provided with a cul-de-sac having one hundred (100) feet diameter of paving with an additional distance of ten (10) feet on all sides clear of permanent structures or other obstructions.

5. These easements shall be maintained by the owner or the Homeowners’ or Property Owners’ Association and a statement shall appear on the face of the Plat indicating maintenance responsibility.

C. 

Triangular Sight Visibility Easements.

1. Triangular sight visibility easements shall be required as follows for properties whose zoning falls within one of the following categories:

a. Residential zoning districts (including all single-family, multifamily, mobile/modular home zoning districts and planned development districts having a single-family, multifamily or mobile/modular home use designation):

i. 20' x 20' sight visibility easements on corner lots at the intersection of two streets.

b. Nonresidential zoning districts (including all commercial, industrial and utility districts and planned development districts having a commercial, industrial or utility use designation):

i. 45' x 45' sight visibility easement on corner lots at the intersection of two streets.

c. Multifamily and nonresidential zoning districts (including all multifamily, commercial, industrial and utility districts and planned development districts having a commercial, industrial or utility use designation):

i. 15' x 15' sight visibility easements at the main driveways.

d. All zoning districts (as noted above):

i. 15' x 15' sight visibility easements on corner lots at the intersection of an alley and a street.

Figure 12: Visibility Triangles

2. The following full statement of restrictions shall be placed in the dedication instrument or on the face of the Plat:

Sight Visibility Restriction: No structure, object, or plant of any type may obstruct vision from a height of twenty-four (24) inches to a height of ten (10) feet above the top of the curb, including, but not limited to buildings, fences, walks, signs, trees, shrubs, cars, trucks, etc., in the sight visibility easement as shown on the Plat. These sight visibility easements will remain in effect until vacated by ordinance adopted by the City Council and the property replatted.

3. On commercially zoned lots, the preceding triangular sight visibility restrictions may be altered to permit the placement within the easement area of one single pole sign, not to exceed fourteen (14) inches in diameter, with every portion of said sign allowing minimum height clearance between it and the ground of ten (10) feet.

D. 

Drainage Easements.

1. Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainageways.

2. Storm drainage easements of sixteen (16) feet minimum width shall be provided for existing and proposed enclosed drainage systems.

a. Easements shall be centered over the systems.

b. Larger easements, where necessary, shall be provided as directed by the City Manager.

3. Where lot to lot drainage occurs, a drainage easement at least ten (10) feet in width shall be provided along the back and down one side of the downstream property. For information regarding applicable drainage standards see section 7.14 Drainage and Stormwater, specifically section 7.14.C.1. Lot to Lot Drainage Standards.

4. Storm drainage easements shall be provided for emergency overflow drainageways of sufficient width to contain within the easement stormwater resulting from a 100-year frequency storm less the amount of stormwater carried in an enclosed system of a capacity required by the City.

5. Where a Subdivision is bounded by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage Right-of-Way conforming substantially to the lines of such watercourse, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.

6. As required by the City, drainage easements shall be dedicated up to the full width of easement necessary to construct the ultimate drainage facility (culvert, stormwater, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

E. 

Floodplain Easements.

1. Floodplain easements shall be provided along natural drainageways and lakes or reservoirs.

2. Floodplain easements shall be provided in accordance with the recommendation of the City Manager to accommodate the 100-year storm drainage flows or the flow of the flood of record, whichever is greater.

3. Floodplain easements shall encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Manager.

4. The following full statement of structures shall be placed in the dedication instrument of the Plat:

Floodplain Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain easement must be accompanied with detailed engineering plans and studies indicating that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin.

a. Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainageways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his/her property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

b. The natural drainage channel, as in the case of all natural drainage channels, are subject to stormwater overflow and natural bank erosion. The City shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) within the natural drainage channels. The natural drainage channel crossing each lot is shown by the Floodway easement line as shown on the plat. If a Subdivision alters the horizontal or vertical floodplain, a FEMA Floodway map revision may be required.

F. 

Retaining Wall Easements.

1. If in the opinion of the City Manager, the grading plans submitted with the Application for approval of a Filing Plat indicate a need for the construction of one or more retaining walls, a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone shall be dedicated and shown on the Vesting Plat and the Filing Plat.

2. The width of the retaining wall easement shall be 10 feet or the width of the retaining wall, whichever is greater, plus the width of the no-building zone, as established by the Applicant’s structural engineer and approved by the City Manager.

3. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

a. No structure (other than the retaining wall), swimming pool, landscaping, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

4. A retaining wall easement shall be located entirely on one lot and shall not straddle property lines unless the wall is constructed within a retaining wall easement dedicated to the Homeowners’ or Property Owners’ Association in accordance with subsection 7.07.F.5 (below).

5. The Homeowners’ or Property Owners’ Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Filing Plat.

G. 

Needs/Benefits Determination.

1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the City determines that the dedication is related to the impact of the proposed development; is roughly proportional to the needs created by the proposed development; and provides a benefit to the development.

2. An Applicant may appeal a staff recommendation that a dedication be required in accordance with the provisions of Section 8 Subdivision Relief Procedures.

H. 

Maintenance of Easement.

1. An area established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems.

2. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

3. The property owner shall be responsible for maintaining the easement.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.08 Homeowners’ or Property Owners’ Associations.

A. 

Applicability.

When a Subdivision contains common areas, common property, Usable Open Space or other improvements not intended to be dedicated to the City for public use, a Homeowners’ or Property Owners’ Association shall be created, and the duties and responsibilities shall be established in a declaration consistent with State laws.

B. 

Dedication.

The common areas shall be shown on the Filing Plat or record Plat along with an adequate form for dedication thereof. This dedication form shall:

1. Save the title to common area properties for the benefit of the Homeowners’ or Property Owners’ Association; and

2. Express a definite undertaking by the subdivider to convey the common properties to the Homeowners’ or Property Owners’ Association.

C. 

Membership.

A Homeowners’ or Property Owners’ Association shall be an incorporated nonprofit organization operating under recorded land declarations through which:

1. Each lot owner in a described land area is automatically a member; and

2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the Homeowners’ or Property Owners’ Association’s activities, such as maintenance of common areas, common open spaces or the provision and upkeep of Usable Open Space and common recreational facilities.

D. 

Legal Requirements.

To ensure the establishment of a permanent Homeowners’ or Property Owners’ Association, including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of common areas or common property, the Subdivision plat, dedication documents, covenants, and other recorded legal agreements must:

1. Legally create an automatic membership, nonprofit Homeowners’ or Property Owners’ Association;

2. Place title to the common property in the Homeowners’ or Property Owners’ Association or give definite assurance that it automatically will be so placed within a reasonable, definite time;

3. Appropriately limit the uses of the common property;

4. Give each lot owner the right to the use and enjoyment of the common property;

5. Place responsibility for operation and maintenance of the common property in with the Homeowners’ or Property Owners’ Association;

6. Provide for or place an association charge or assessment on each lot in a manner which will ensure sufficient association funds to maintain the common property or improvements;

7. Give each lot owner voting rights in the association; and

8. Identify the land area within the association’s jurisdiction including, but not limited to, the following:

a. The property to be transferred to public agencies;

b. The individual residential lots;

c. The common properties to be transferred by the Developer to the Homeowners’ or Property Owners’ Association; and

d. Other parcels.

E. 

Protective Covenants.

Protective covenants shall be developed which, including, but not limited to, shall make the Homeowners’ or Property Owners’ Association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien.

F. 

Procedure.

Prior to filing the Plat, the Subdivider shall:

1. Draft the articles of incorporation of the Homeowners’ or Property Owners’ Association, its bylaws, and the restrictive covenants;

2. Submit draft articles, bylaws, and covenants to the City Manager for approval;

3. After approval (see above), create an incorporated nonprofit corporation;

4. Record approved covenants, at the County Clerk’s office, which automatically make every lot owner a member of the association, give him/her the right to use the common property, and establish his/her voting rights and his/her obligations to pay assessments;

5. Provide evidence of the recorded articles, bylaws, and the restrictive covenants prior to Filing Plat approval; and

6. Pay attorney fees for document review.

G. 

Maintenance, Repair or Capital Improvement.

Any maintenance, repair or capital improvement effort made to Homeowners’ or Property Owners’ Association property or facilities by the City as a result of nonperformance or negligence on the part of the Association shall be assessed between the various Association members in proportion to the taxable value of their properties.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.09 Lots.

A. 

Lot Design.

Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the Subdivision for the type of development and use contemplated, and shall meet the requirements of the Zoning Regulations of the City.

B. 

Lot Frontage Requirement.

Every lot shall have frontage on, and access to, a public street or other approved public access easement.

C. 

Lot Frontage Prohibition for SF Lots on Arterial Streets.

Lots zoned for single-family use shall not front upon an Arterial Street as designed in the Comprehensive Plan.

D. 

Right Angles for Side Lot Lines.

All sidelines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. The City Manager may grant a Minor Subdivision Waiver, if unusual circumstances exist on the subject property or on adjacent property that make it difficult to comply with this requirement.

E. 

Lot Width.

The width of every lot at the building line shall be equal to or greater than that required by the Zoning Regulations.

F. 

Scenarios where Additional Lot Depth is Required.

Where a lot in a residential area backs up to a railroad Right-of-Way, drainage easement, a high-pressure gasoline, oil or gas line, electric transmission lines (69kv or higher), water or wastewater transmission lines, an Arterial Street, an Industrial, Commercial, or other land use that has a significant change in use from the residential use of the property, and where no street or alley is provided at the rear of such lot, additional lot depth will be required per the Zoning Regulations.

G. 

Double Frontage and Reverse Frontage Lots.

1. Double frontage and reverse frontage lots shall be prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

2. Where lots have double frontage, front building setbacks shall be established in accordance with the Zoning Regulations.

H. 

Lots with Septic Tanks.

In a Subdivision where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate adequate drainage fields and to meet the standards set forth by the State of Texas, the County or any other governmental unit having appropriate jurisdiction.

I. 

Land Subject to a 100-Year Flood.

1. Any land which, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, resubdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site, i.e. Flood Study and FEMA CLOMR (Conditional Letter of Map Revision).

2. Thereafter, the Planning and Zoning Commission may recommend approval of the Plat; however, building construction upon such land shall be prohibited until the specific drainage improvements have been planned, construction completed, and a LOMR (Letter of Map Revision) [has] been received from FEMA.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.10 Streets.

A. 

General.

1. The property owner shall ensure that the Subdivision is served by adequate streets and shall be responsible for the costs of Right-of-Way and street improvements, in accordance with the following policies and standards.

2. Additional Right-of-Way may be required at some street intersections to accommodate utilities, sidewalks, traffic-control devices and/or sight distances.

B. 

Design and Construction.

Design and construction shall conform to specifications included within these Subdivision Ordinance regulations as well as those included within the Engineering Standards Manual.

1. The arrangement, character, extent, width, grade, and location of all proposed streets shall conform to the general plan of the community, and their relationship shall be considered to that of the existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

2. Where such is not shown in the general plan for the community, the arrangements of streets in a Subdivision shall:

a. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas;

b. Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuation of or conformance to an existing street impracticable; and

c. Be laid out so that they shall intersect, as nearly as possible, at right angles.

3. Residential streets shall be laid out so that their use by through traffic shall be discouraged.

4. Street jogs with centerline offsets of less than one hundred twenty-five feet (125') shall be avoided.

5. Street grades shall be established regarding topography, proposed land-use, and the facilities in the area surrounding the land to be subdivided.

a. An absolute minimum grade of three tenths percent (0.30%) is required on concrete streets; however, where it is possible, a grade of five tenths percent (0.50%) shall be provided.

6. Street name markers shall be installed in accordance with the prescribed type currently in use by the Manual on Uniform Traffic-Control Devices.

a. Street markers and the erection thereof shall be at the expense of the Subdivider.

7. Residential lots less than one (1) acre shall not face Arterial Streets.

8. Driveways or alley pavement cuts shall not be permitted on Arterial Streets.

C. 

Street Right-of-Way Dedication.

1. Any Subdivider laying out and constructing new streets or whose Subdivision includes any portion of or is adjacent to an existing street shall dedicate sufficient Right-of-Way in accordance with the following conditions:

a. 

General Dedication Requirements.

i. All street Right-of-Way dedications shall in the aggregate provide the Right-of-Way widths required according to street classifications in City Ordinances and be consistent with the City’s Comprehensive Plan or Transportation Plans.

ii. The required alignment of the Right-of-Way shall be determined with respect to property boundaries, safety, design, topography, and traffic management consideration.

(a) Concerns for safety, sound design principles and orderly development will prevail.

(b) Principles of efficient traffic management will be applied in accordance with the City’s goals and objectives as expressed in the current Comprehensive Plan or Transportation Plans.

iii. The appropriate alignment of any street Right-of-Way can only be determined by examining the property and topographical conditions along the entire length of the street.

(a) In order to provide adequate information to establish an appropriate Right-of-Way alignment the Developer shall provide property and topographical information for a minimum distance of 200 feet in every direction that the street extends off of the property.

(b) Additional information may be required if, in the opinion of the City, the information provided indicates conditions that may require additional Right-of-Way consideration.

b. 

New Streets.

New streets shall be provided where there is not an existing street, roadway or passage.

i. 

Internal Streets.

Internal streets shall be designed and provided in accordance with the current City Ordinances and Engineering/Construction Criteria and be consistent with the City’s Comprehensive Plan or Transportation Plans.

ii. 

Perimeter Streets.

(a) When a proposed residential or nonresidential Subdivision is developed abutting an existing or planned Arterial Street or Collector Street, the Developer shall dedicate sufficient Right-of-Way within the Subdivision.

(b) The Developer shall construct their proportional share of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the City’s design standards for that type of street.

(c) The Developer’s proportional share of the street construction shall be determined by the City Manager and shall be roughly proportional to the impact the development causes on the street system.

(d) If the Developer disagrees with the City Manager’s determination of rough proportionality, then the Developer may file a Subdivision Proportionality Appeal.

c. 

Existing Streets.

Streets may currently exist by reasons of Plat, metes and bounds description, general description or by prescription. If the existing geometrical configuration does not accommodate the current Comprehensive Plan/Transportation Plan, the City may require the dedication of additional Right-of-Way to address safety, design, topography, and traffic management considerations.

i. 

Adjacent to a platted Subdivision:

The Right-of-Way dedication shall be based upon the distance from the platted Subdivision boundary. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations.

ii. 

Along a Right-of-Way described by a metes and bounds or a general written description:

The Right-of-Way dedication shall be based upon the geometric centerline of the Right-of-Way as described. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. All existing Right-of-Way dedication within the Subdivision shall be converted from “separate instrument” to a platted Right-of-Way by being a part of the Filing Plat.

iii. 

Along a prescriptive Right-of-Way:

The Right-of-Way dedication shall be based upon the apparent centerline of the existing pavement or of the travel way if unpaved. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. The Developer shall indicate on the Vesting Plat and Filing Plat property lines and features which identify prescriptive Right-of-Way. These features may include fences, borrow ditches, utility lines, drainage improvements, limits of plowed or improved fields, etc. All existing prescriptive Right-of-Way dedications within the Subdivision shall be converted from prescriptive to a platted Right-of-Way by being a part of the Filing Plat.

D. 

Street Classification Descriptions.

1. 

Local Street.

a. Distributes traffic to and from residences.

b. Short in length, noncontinuous to discourage through traffic.

c. Low-density residential/single family.

2. 

Collector Street.

a. Carries traffic from local streets to Arterial Streets.

b. Uses served would include medium and high-density residential, limited commercial facilities, some small offices and as direct access within industrial parks.

3. 

Arterial Street.

a. Carries traffic from one urban area to another and serves the major activity centers of urbanized areas.

b. Used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage.

E. 

General Requirements.

1. Streets must be designed in relation to the Comprehensive Plan/Transportation Plan, existing and proposed streets, the terrain, streams, and other physical conditions.

a. The arrangement of streets must provide for the continuation of streets between adjacent properties when the continuation is necessary for the safe and efficient movement of traffic and for utility efficiency.

b. The arrangement, character, extent, pavement width, Right-of-Way width, grade and location of each street shall be considered in its relationship to the Comprehensive Plan, to existing and planned streets, topographical conditions, public safety and convenience, and its relationship to the proposed uses of land to be served by such street.

2. Whenever a tract to be subdivided abuts any part of any street so designated on the Comprehensive Plan, or where a street designated on the Comprehensive Plan crosses any part of the tract to be subdivided, such part of the proposed public street shall be platted, the Right-of-Way shall be dedicated, and the street shall be constructed by the Developer, consistent with the location as indicated on the Comprehensive Plan, and to a width consistent with the Comprehensive Plan and the requirements contained within these regulations.

3. All streets shall be designed to coordinate with existing streets in adjoining Subdivisions.

a. Centerline offsets, where unavoidable, shall be at least one hundred thirty-five (135) feet.

b. Greater centerline offsets as may be required by the City Manager shall be planned where necessary for traffic safety.

4. Streets shall be named to provide continuity with existing streets.

5. Names of new streets shall not duplicate or cause confusion with the names of existing streets.

6. Where adjoining areas are not subdivided, the arrangement of streets in the Subdivision shall make provision for the proper projection of streets into such unsubdivided area.

7. Streets should be platted to allow two tiers of lots between streets when possible.

8. The reservation in private ownership of strips of land at the end of proposed or existing streets and intended solely or primarily for the purpose of controlling access to property not included in the Subdivision shall be prohibited.

9. Half streets shall be prohibited, except where essential to the reasonable development of the Subdivision in conformity with the other requirements of these regulations, and where the City finds it will be reasonable to require the dedication of the other half when the adjoining land is subdivided. The other half of the street shall be platted within the adjacent tract at the time it is platted.

10. Median openings shall have a minimum offset of at least 125 feet from the centerline of an intersecting street or alley.

11. To ensure adequate access to each Subdivision, there should be at least two (2) planned points of ingress and egress, except that cul-de-sacs shall be permitted in conformity with subsection 7.10.F Cul-de-Sacs and Dead-End Streets (below).

a. The City Council may require that more than two access points be constructed if the configuration, number of lots, or other consideration creates the need for additional access points.

F. 

Cul-de-Sacs and Dead-End Streets.

1. 

Cul-de-sacs.

a. A cul-de-sac or dead-end street shall not exceed six hundred (600) feet in length.

b. A cul-de-sac street shall be platted and constructed with a concrete paved cul-de-sac at the closed end having a turnaround with a minimum outside paving diameter of at least one hundred (100) feet and a minimum street Right-of-Way diameter of at least one hundred-twenty (120) feet. (See section 7.07.B.4 for supplemental information.)

2. 

Dead-End Streets.

a. Dead-end streets are prohibited unless the street design meets the requirements of subsection (1) above or unless the street is intended to be extended in the future and the dead-end design is only temporary in nature.

b. If a temporary dead-end street is permitted, turnaround pavement meeting the dimensions listed for cul-de-sacs in subsection 7.10.F.1 Cul-de-sacs (above) and a temporary turnaround easement meeting the dimensions listed for the Right-of-Way in subsection 7.10.F.1 shall be provided on the Plat.

i. The portion of the temporary turnaround easement lying outside of the street Right-of-Way shall be shown as a dotted line on the Filing Plat which shall denote a temporary easement.

In the event that the temporary dead-end street (as approved and shown on the Filing Plat) is extended in the future, the portions of the temporary turnaround easement shall revert back to the lot(s) abutting the temporary turnaround easement.

3. 

Drainage Improvements.

Provisions shall be made for adequate storm drainage at the ends of dead-end streets.

4. 

Barricades.

a. Barricades and other traffic controls shall be installed by the Developer at dead-ends in accordance with City specifications.

b. Barricades and other traffic controls shall be maintained by the Developer or Homeowners’ or Property Owners’ Association.

G. 

Street Class Requirements.

1. Street layout shall provide for continuation of Collector Streets in areas between Arterial Streets.

2. Local streets shall be extended through the tract to the tract boundary to provide future connection with adjoining unplatted lands at intervals necessary to facilitate internal vehicular circulation with adjoining unplatted lands.

3. Where single-family uses abut an existing or proposed arterial street, the Plat or dedication instrument will provide:

a. Lots to side onto the arterial with a nonaccess restriction on the arterial side, or

b. Reverse frontage with screening and containing a nonaccess restriction along the rear property line, or

c. Lots with screened rear alleys, or

d. Other treatment as may be necessary or required for adequate protection of adjoining properties, after taking into consideration the proposed method of off-street parking and maneuvering which will prevent the necessity of backing into the arterial street.

H. 

Street Design Criteria.

All dedicated streets shall conform to the Comprehensive Plan/Transportation Plan and the following Table 9: Minimum Street Design Criteria.

Table 9: Minimum Street Design Criteria
Street Classification		Minimum Right-of-Way	Roadway Width (Back of Curb to Back of Curb)	Number of Lanes	Parking	Number of Parkways and Width	Median Width	Sidewalk Width
Arterial Street	Figure 13	120'	61'	4	Prohibited	Two @ 29.5'	None	4'
Collector Street	Figure 14	55'–60'	41'	2	Limited	Two @ 7.5'–10'	None	4'
Local Street	Figure 15	50'	33'	2	Permitted	Two @ 8.5'	None	5' or 6'

Notes:
1	Depending upon the nature and impact of the proposed development, additional Right-of-Way will be required at most intersections and may be required at high-volume driveways to provide left and right turn lanes to maintain traffic volume capacities through the intersections. Also, additional utility easements may be required beyond the Right-of-Way.
2	If provided, the minimum width of a median adjacent to a left turn lane shall be five feet (5').
3	Collector Streets: Existing rights-of-way (R.O.W.) fifty-five feet (55') in width or greater may be used for Collector Streets. New R.O.W dedicated for Collector Streets must be a minimum of sixty feet (60').
4	Arterial Streets: Sidewalks (see Section 7.11 Sidewalks) shall be six feet (6') wide when directly behind the curb, see Figure 13.

Figure 13: Arterial Street

Figure 14: Collector Street

Figure 15: Local Street

I. 

Street Intersection Design.

No street or intersection shall vary from a 90-degree angle of intersection by more than five (5) degrees.

J. 

Construction Responsibilities.

1. 

Local Street and Alley Construction.

The Developer shall, at the Developer’s own cost and expense, pay for constructing all local streets and alleys within the Developer’s Subdivision.

2. 

Arterial Street and Collector Street Construction.

The Developer shall, at the Developer’s own cost and expense, pay for constructing all Arterial Streets Collector Streets within the Developer’s Subdivision.

K. 

Street and Alley Requirements.

1. 

General Requirements.

a. As a minimum, a street must be designated to safely provide two-way traffic for passenger, delivery, emergency, utility, and maintenance vehicles.

i. The minimum size street which can safely accommodate a development is a local street with two 15-foot lanes of traffic.

ii. In addition, a four-foot (4') wide sidewalk is required on the developing side of the street to provide pedestrian safety and to meet the requirements of the Americans with Disabilities Act (ADA).

b. If the City determines that streets greater than the minimum standard are required, the City’s engineer will conduct investigations, studies, and calculations to determine the infrastructure requirements.

i. If the Developer proposes to construct no greater than the minimum standard of infrastructure, it will be the responsibility of the Applicant to submit to the City engineering investigations, studies, and calculations in support of constructing the minimum standard.

2. 

Local Streets, Collector Streets, and Alleys.

a. Local street paving shall be in conformance with Table 9: Minimum Street Design Criteria.

b. Collector Street paving shall be in conformance with Table 9: Minimum Street Design Criteria.

c. Alley paving shall be twelve feet (12') wide in residential areas and sixteen feet (16') wide in commercial and industrial areas.

i. Alley turnouts shall be paved to the property line and shall be at least two feet (2') wider than the alley paving at that point.

ii. Paving radius where alleys intersect residential and Collector Streets shall be ten feet (10') and where alleys intersect Arterial Streets the radius shall be sixteen feet (16').

d. For additional alley requirements, please see section 7.05 Alleys.

3. 

Street Returns.

a. The minimum radius for all street returns shall be twenty-five feet (25').

b. Returns for driveways on local streets shall be five feet (5'). Commercial and industrial driveway returns shall be a minimum of ten feet (10') and a maximum of twenty feet (20') in special cases.

L. 

Street Signs.

1. Street signs shall be furnished and installed by the Developer for all intersections within or abutting the Subdivision.

2. Such signs shall be of a type approved by the City and include the block number.

3. Street signs shall be installed in accordance with the prescribed type currently in use by the Manual on Uniform Traffic-Control Devices.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.11 Sidewalks.

A. 

Sidewalks and Pedestrian ways are required as a part of Subdivision Plat approval to help the City achieve the following:

1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City and to implement objectives and strategies of the Comprehensive Plan,

2. Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians,

3. Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities, and

4. Facilitate walking as a means of physical activity recognized as an important provider of health benefits.

B. 

Sidewalk Location and Design.

1. Sidewalks shall be constructed for both sides of all streets within the Subdivision.

2. Sidewalks shall be constructed along all lots adjoining dedicated streets, along major Arterial Streets where lots do not adjoin the street, across power line easements and in other areas where pedestrian walkways are necessary.

3. Routing to clear poles, trees or other obstacles shall be subject to City Manager approval.

4. The Plat or Construction Plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed.

5. All sidewalks shall conform to Federal Americans with Disabilities Act (ADA) requirements and barrier-free ramps should be provided for access to the street.

C. 

Sidewalk General Construction.

1. Sidewalks shall be constructed by Class “A” concrete and shall have a width of not less than four (4) feet and a minimum thickness of four (4) inches.

2. Sidewalks along Arterial Streets shall be no less than five feet (5') in width.

3. Sidewalks adjacent to screening walls shall be 5 feet in width and shall abut the wall, eliminating the landscape area found along the wall, thereby reducing maintenance.

4. Sidewalks shall be constructed one foot (1') from the property line within the street or Arterial Street Right-of-Way and shall extend along the street frontage including the side of corner lots and block ends.

5. Construction of sidewalks adjacent to curbs will be considered where driveway entrances are constructed from the rear of lots on each side of the street for the full length of the block or where mountable curbs are installed. In these instances, the sidewalks shall be five feet (5') wide.

6. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the Subdivision.

D. 

Sidewalks in Commercial and Industrial Areas.

Sidewalks in commercial and industrial areas shall be a minimum width of five feet (5') or extend from the back of the curb to the building line as required by the City.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.12 Water Utility.

A. 

General.

1. All Subdivisions shall provide an approved water distribution system connected to the existing City water system in conformance with all applicable City master plans and regulations.

2. In the absence of specific standards, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code, Chapter 290.

3. The City shall make the final determination of the adequacy of the proposed system.

B. 

Basic Requirements.

1. 

Water Main Construction.

All water mains shall be constructed within the street Right-of-Way or easements dedicated to the City.

2. 

Water Lines Extended to Subdivision Borders.

a. All water lines installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the distribution system, regardless of whether such extensions are required for service within the Subdivision.

b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Manager may approve a Minor Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

3. 

Fire Hydrants (Locations and Hose-Lay).

a. Fire hydrants shall be placed on block corners or near the center of the block to place all of every lot within a radius of five hundred feet (500') in residential areas, but under no circumstances shall a hose-lay for more than five hundred feet (500') be made from the fire hydrant to cover all of every lot within the Subdivision or tract under development.

b. Fire hydrants shall be located in commercial and industrial areas so that all of every lot shall be within a radius of three hundred feet (300'), but under no circumstances shall a hose-lay of more than three hundred feet (300') be made in order to adequately afford fire protection to the building or buildings.

c. A fire hydrant shall be placed at the entrance of all cul-de-sacs.

C. 

Preliminary Utility Plan.

1. 

General.

A Preliminary Utility Plan shall detail both [this] Section 7.12 Water Utility and Section 7.13 Wastewater Utility requirements.

2. 

Illustrate the Location and Size of Water Utility and Wastewater Utility Mains.

a. Concurrent with the submission of a Vesting Plat or Replat, the Developer shall submit a map or plan showing the location and size of Water Utility and Wastewater Utility mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed plat.

b. Plans and specifications for fire hydrant systems shall be submitted to the City Manager for review prior to construction.

3. 

Plan Document.

The plan shall be prepared as noted in the City's Development Application Handbook.

4. 

Coordination with other Utility Providers.

a. 

Vesting Plat.

When the subdivision is located in an area served by a utility provider other than the City, the Developer must provide a water system analysis, indicating adequate water supply and water quality.

b. 

Replat.

i. When a Subdivision is located in an area served by a utility provider other than the City, the Developer must provide a letter from the utility provider stating that facilities exist in the area to provide adequate domestic service and fire protection.

ii. If the City has reason to believe that there may be water supply or pressure concerns the City may require, a water system analysis, indicating adequate water supply and water quality.

c. 

Filing Plat.

The Filing Plat will not be approved until a letter has been provided from the utility provider stating that they have accepted the plans for construction.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.13 Wastewater Utility.

A. 

General.

1. 

Approved Means of Wastewater Collection and Treatment Required.

All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment.

2. 

Determining the Approved Means of Wastewater Collection and Treatment.

The City Manager shall be responsible for determining the approved means of wastewater collection and treatment in accordance with City master plans and regulations.

3. 

Possible Phasing of Development Required.

a. The City Manager may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity.

b. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the City Manager.

B. 

Basic Requirements.

1. 

Wastewater Disposal System Required.

a. All Subdivisions shall provide an approved wastewater disposal system conforming to the current criteria and all applicable City master plans and regulations and the requirements of Texas Administrative Code, Chapter 217, Design Criteria for Domestic Wastewater Systems.

b. The City shall make the final determination of the adequacy of the proposed system.

2. 

Wastewater Lines Extended to Subdivision Borders.

a. All laterals and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the subdivision.

b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Manager may approve a Minor Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

C. 

Preliminary Utility Plan.

When required by the Subdivision Ordinance, a Preliminary Utility Plan for Wastewater Utility requirements shall be prepared in accordance with section 7.12.C Preliminary Utility Plan.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.14 Drainage and Stormwater.

A. 

General.

1. 

Components of the Drainage System.

Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain stormwater, must be designed and constructed to promote the health, safety, and welfare of the property owner and the public.

2. 

Management of Stormwater Runoff.

Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge of stormwater runoff drainage onto, through and originating within the Subdivision.

3. 

Maintenance Responsibility.

a. Detention and retention pond maintenance is the responsibility of the property owner or the Homeowners’ or Property Owners’ Association.

b. It is a violation of this Subdivision Ordinance for the pond not to be maintained according to the City’s requirements.

c. It is a violation of the City’s Stormwater Management Plan’s Best Management Practices for a detention/retention pond or a structural control to be unable to operate for its intended purpose due to lack of maintenance.

4. 

Discharge of Stormwater Runoff.

Stormwater must be discharged in an acceptable form and at a controlled rate so as not to endanger human life or public or private property.

5. 

Drainage Facilities.

Drainage facilities shall be provided and constructed by the Developer in accordance with the requirements within this section 7.14 Drainage and Stormwater and the City’s Code of Ordinances.

B. 

Planning and Construction.

1. Plans, profiles, and specifications shall be prepared for stormwater improvements to be constructed and shall show the locations, sizes, grades, hydraulic gradients, flow arrows, and other details for the proposed pipe, inlets, channels, manholes, culverts, outlet structures, and other appurtenances.

a. Each sheet of the plans and profiles shall bear the seal and signature of the Licensed Professional Civil Engineer who prepared them.

2. The Developer shall incur the cost of all drainage improvements connected with development of the Subdivision and acceptance of current upstream flows necessary to safely and adequately drain the Subdivision, including any necessary off-site channels or storm sewers and acquisition of any required easements.

a. The 100-year storm must be contained within the street Right-of-Way and/or the drainage easement boundaries.

b. Any necessary off-site channel or storm sewers which are required to be within easements must have a separate instrument easement filed in the Gonzales County Real Property Records and a filed copy shall be submitted to the City before Construction Plans will be approved.

C. 

Residential Grading and Drainage.

1. 

Lot to Lot Drainage Standards.

a. Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system.

b. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard.

c. Furthermore, no more than one lot may drain to a second lot before the flow is directed to the street or to a dedicated City drainage system.

d. Where lot to lot drainage occurs, the lot lines shall be aligned and a minimum of a 10' drainage easement shall be provided.

2. Detailed Standards See the Engineering Standards Manual for requirements for detailed standards and policies.

D. 

Nonresidential Grading and Drainage.

1. 

Lot to Lot Grading and Drainage Standards.

a. Grading and drainage plans shall strive to ensure that surface runoff from nonresidential individual lots cross no more than one (1) additional lot before being directed toward a private on-site system or a dedicated City drainage system.

b. When the flow reaches the third lot, side lot swales may be utilized to direct the flows to private enclosed systems or to a dedicated City drainage system within a dedicated easement or in street Right-of-Way.

c. No runoff may drain to a fourth lot.

i. The flow must be directed to the street system or to a dedicated City drainage system with a dedicated easement.

d. Concentrations of stormwater shall not be discharged to City Streets through driveways or flumes but shall be collected into an enclosed system, either private or public, prior to reaching the curbline of the roadway.

e. Specific deviations from these guidelines may be addressed on an individual basis.

2. 

Detailed Standards.

See the Engineering Standards Manual for detailed standards and policies.

E. 

Design Criteria.

1. The design of the swales and enclosed systems located within a dedicated drainage easement shall utilize the City’s adopted drainage design criteria for channel and pipe systems.

2. Side yard swales shall have a minimum slope of one (1) percent to ensure adequacy of flow during and after a rain event.

3. See the Engineering Standards Manual for requirements for detailed standards and policies.

F. 

Materials.

1. 

Swales on Residential Lots.

Swales on residential lots shall be fully sodded.

2. 

Swales on Nonresidential Lots.

Swales on nonresidential lots may be constructed in a natural state fully sodded in cases where the surrounding area has been sodded and velocities and depth of flow can be contained within the proposed swale without erosive damage.

a. Swales within the parking and private driving lanes of nonresidential properties shall be constructed of materials similar to those of the parking and driving lanes.

3. 

Systems on Residential Lots.

Enclosed systems may be designed utilizing reinforced concrete or approved plastic pipe and collection inlets on residential lots.

a. Private enclosed systems on nonresidential lots may be designed utilizing approved plastic pipe and collection inlets.

4. 

Systems on Nonresidential Lots.

Enclosed systems on nonresidential lots which will be dedicated to the City shall be designed utilizing reinforced concrete pipe and collection inlets.

5. All storm sewer systems shall be designed utilizing reinforced concrete pipe, shall be constructed within City streets or Rights-of-Way, and shall be dedicated to the City.

G. 

Roof Drains.

1. All roof drains of residential structures shall be directed to the street or toward a rear swale and shall not be discharged directly onto the side lot.

2. Side downspouts may be directed to side lot swales at a 45 degree angle to the direction of flow of the side lot swale to ensure that the flows are directed away from the house foundation yet providing a less sever entry into the swale.

H. 

Maintenance.

1. All grassed swales should be designed and constructed with 3:1 side slopes that will be gentle enough to allow easy mowing.

2. Mowing and maintenance responsibility shall be the responsibility of the property owner or Homeowners’ or Property Owners’ Association.

3. Periodic cleaning of enclosed systems located within dedicated drainage easements shall be the responsibility of the City.

I. 

Preliminary Drainage Plan.

1. 

Applicability and Purpose.

a. A Preliminary Drainage Plan shall be prepared for all developments in accordance with the requirements set forth in the City’s Development Application Handbook.

b. The Preliminary Drainage Plan shall show the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development.

i. The Preliminary Drainage Plan must comply with the standards outlined in this Subdivision Ordinance, Engineering Standards Manual, and the Code of Ordinances.

c. The Preliminary Drainage Plan is a guide for later detailed drainage design.

d. The review of the Preliminary Drainage Plan does not constitute final drainage plan approval or authorize a waiver to the Subdivision Regulations.

2. 

Plan Required, Previous Plans, and Waivers.

a. For any property involved in the development process, a Preliminary Drainage Plan shall be provided, at the Developer’s expense, for the area proposed for development.

b. For property with a previously accepted Preliminary Drainage Plan, the accepted Preliminary Drainage Plan may be submitted and enforced unless a revised Preliminary Drainage Plan is required by the City due to lot reconfiguration or other conditions created by the new Plat.

c. The City Manager may waive the requirement for a Preliminary Drainage Plan if the submitted plat is not anticipated to cause any significant change in runoff characteristics from a previously accepted drainage study or for single residential properties where no drainage problems are anticipated.

d. If the applicant requests a waiver in writing, a copy of any previous drainage plan prepared for the property shall be provided.

3. 

Submittal.

a. Three (3) paper copies of the Preliminary Drainage Plan shall be submitted with the submittal of a Vesting Plat or Replat for review and acceptance.

b. The Preliminary Drainage Plan shall be labeled as “Preliminary.”

c. The Preliminary Drainage Plan shall be stamped by and dated by the engineer.

J. 

Preliminary Stormwater Management Plan.

1. 

Applicability and Purpose.

a. A Preliminary Stormwater Management Plan (SWMP) shall be prepared for all developments in accordance with the requirements set forth in the City’s Development Application Handbook.

b. The purpose of the Preliminary SWMP is to identify permanent water quality feature opportunities for the development.

2. 

Preparation Requirements.

a. The Preliminary SWMP shall be prepared in coordination with the Preliminary Drainage Plan on all projects where both are required.

b. The Preliminary SWMP and the Preliminary Drainage Plan may be shown on the same sheet.

c. When a Preliminary Drainage Plan is not required, the Preliminary SWMP shall indicate the existing drainage patterns and runoff coefficients and the proposed changes to these items.

3. 

Standards and Criteria.

a. The Preliminary SWMP must comply with the standards and criteria outlined in this Subdivision Ordinance, Engineering Standards Manual, and the Municipal Code [Code of Ordinances].

b. The Preliminary SWMP may satisfy the stormwater management portion of the Stormwater Pollution Prevention Plan (SWPPP) that is required for construction activities; however, the Preliminary SWMP is not a substitution for the SWPPP.

c. The City’s review of the Preliminary SWMP does not constitute acceptance of the final SWMP or the final development plans.

4. 

Proposed Area.

a. The Developer shall provide a Preliminary SWMP for the area proposed for development.

b. For Amending Plats or Plats with a previously accepted Preliminary SWMP, the accepted Preliminary SWMP shall be enforced unless the City Manager requires a revised Preliminary SWMP.

5. 

Preliminary SWMP Submittal.

a. Three (3) paper copies of the Preliminary SWMP plan shall be submitted with the submittal of a Vesting Plat or Replat for review and acceptance.

b. The plan shall be labeled as “Preliminary.”

c. Upon acceptance of the plan, the plan shall be signed and sealed by a professional engineer.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.15 Retaining Wall Construction.

A. 

Location.

1. Retaining walls shall be located and constructed on private property only.

2. Retaining walls shall be located within a private retaining wall easement.

3. If a retaining wall is designed to traverse three or more lots within a Subdivision, the wall shall be located within a private retaining wall easement dedicated to the Homeowners’ or Property Owners’ Association of the Subdivision.

a. The easement shall be shown on the Vesting Plat and Filing Plat and shall be dedicated to the Homeowners’ or Property Owners’ Association of the Subdivision to maintain the wall in a safe and orderly condition.

B. 

Design.

Any retaining wall four (4) feet or [in] height shall be designed by a professional engineer and plans submitted to the City for review must be signed and sealed by the design engineer.

C. 

Building Permit Required.

1. Any earth terracing method that supports a structure or vehicle load, or that is over four feet (4') in height (as measured from the bottom of footing to top of wall), shall require a building permit and shall meet the requirements of this section.

2. A retaining wall shall not be constructed in excess of four feet in height.

a. If the wall is to be more than four feet high, the retaining wall system shall be terraced, so as to provide a minimum of four (4) feet of flat ground between the faces of the retaining walls for each four-foot section of retaining wall.

b. The flat terrace shall be sloped to a maximum of two (2) percent to allow drainage.

3. No building permit, other than for a retaining wall, shall be issued for any lot within a Subdivision until all retaining walls are constructed in accordance with a grading plan for the Subdivision.

4. A retaining wall shall be constructed in accordance with the grading plan and shall comply with the requirements of the applicable building code and this ordinance.

5. Any change from the approved grading plan or design for a retaining wall within a Subdivision shall not be permitted unless the Applicant has submitted plans for the entire Subdivision showing the proposed changing in grading and the City Manager has approved the proposed change(s).

(Ordinance 2013-32 adopted 12/3/13)

§ 7.16 Private Streets and Gated Subdivisions.

A. 

Private Streets and Gated Subdivisions.

1. 

General Requirements.

Subdivisions with private streets and gated communities shall meet the following requirements:

a. The general provisions of this Subdivision Ordinance and other City Codes as they relate to development, streets, and utilities will apply.

b. A vehicular turnaround shall be provided at entry gates to allow vehicles that have been denied entry the ability to exit without having to backup.

c. All plans concerning private subdivisions are subject to review and approval by the local fire department.

d. The definition of a “subdivision” and “street,” as contained in the Subdivision Ordinance, will apply to all subdivisions or streets, whether public or private.

2. 

Authority Maintained by City.

All streets, gates, and other fire protection features, signage, and equipment are subject to periodic inspection by the City and must be repaired immediately if found to be in a condition of disrepair or inadequate for public access. The City shall have the right to enter the subdivision and disable, open, or remove any gate, device, or other feature that impedes or controls vehicle access at the sole expense of the Homeowners’ or Property Owners’ Association.

3. 

Owners Responsibility.

The person or corporation in control of the property is responsible for, and liable for, any violations of this private road requirement. This includes, but is not limited to, the developer, property owner, the Homeowners’ or Property Owners’ Association and its officers, if applicable, or others who may own or exercise control over the property.

4. 

Private Street Lot.

Each private street and alley must be constructed within a separate lot owned by the Homeowners’ or Property Owners’ Association.

a. Each lot must conform to the City’s standards for design of a public street and alley right-of-way. An easement covering the street lot shall be granted to the City providing unrestricted use of the property for utilities and the maintenance of the same. This right shall extend to all utility providers including telephone and cable companies, operating within the City.

b. The easement shall also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the street lot that impairs emergency access.

5. 

Payment.

The City shall not pay for any portion of the cost of constructing or maintaining a private street.

6. 

Plans and Inspections.

An applicant for a proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets and utilities. Requirements pertaining to inspection and approval of improvements prior to Filing Plat approval shall apply. Fees charged for these services shall also apply. The City may periodically inspect private streets and require repairs necessary to ensure emergency access.

7. 

Waiver of Services.

The Filing Plat, property deeds and Homeowners’ or Property Owners’ Association documents shall note that certain City services shall not be provided on private streets. Among the services that will not be provided are the following:

a. Routine police patrols.

b. Enforcement of traffic and parking ordinances and preparation of accident reports.

c. Depending on the characteristics of the proposed development, other services may not be provided.

8. 

Signs.

All private traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic-Control Devices.

9. 

Indemnification.

The Filing Plat shall contain the following language:

a. Whereby the Homeowners’ or Property Owners’ Association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any govern mental entity and public utility:

i. For damages to the private street occasioned by the reasonable use of the private street by the City, governmental entity of public utility;

ii. For damages and injury (including death) arising from the condition of said private street;

iii. For damages and injury (including death) arising out of the use by the City, governmental entity or public utility of any restricted access gate or entrance; and

iv. For damages and injury (including death) arising out of any use of the subdivision by the City, govern mental entity or public utility.

v. Further, such language shall provide that all lot owners shall release the City, governmental entities and public utilities for such damages and injuries.

b. THE INDEMNIFICATIONS CONTAINED IN THIS ABOVE LANGUAGE APPLY REGARDLESS OF WHETHER OR NOT SUCH DAMAGES AND INJURY (INCLUDING DEATH) ARE CAUSED BY THE NEGLIGENT ACT OR OMISSION OF THE CITY, GOVERNMENTAL ENTITY OR PUBLIC UTILITY, OR THEIR REPRESENTATIVE OFFICERS, EMPLOYEES OR AGENTS.

B. 

Gates.

1. Each gate installation in a gated community must conform to the following provisions:

a. 

Fire Department Approval Required.

Each gate installation must be approved by the fire department who will serve the proposed subdivision prior to installation. The installation must be completed and tested prior to the City’s acceptance of the subdivision.

b. 

Gate Openings and Clearances.

Gate design may incorporate one or two gate sections to meet the required minimum gate width of twenty-four feet. If the entrance will incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate widths may be reduced if approved by the fire marshal, but in no case shall any gate or street pavement have a clear opening of less than eighteen feet.

c. If a gate design incorporates any overhead obstruction, the obstruction must be a minimum of fourteen feet (14') above the finished road surface.

2. 

Setback Required.

Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance area.

3. 

Gates to Be Per Fire Department Guidelines.

An automatic gate installation must conform to the design and performance guidelines established by the fire department.

4. 

Good Working Order Required.

All components of the gate system must be maintained in an approved operating condition, with all components serviced and maintained on a regular basis as needed to ensure proper gate operation. A proper power supply shall be maintained to all electrical and electronic components at all times.

5. 

Failure to Meet Requirements.

Each security gate is subject to a performance test on a regular basis as determined by the fire department. Upon failure of a performance test, the security gate system shall be disabled and maintained in the open position until repaired, and shall not be placed back in service until tested and authorized by the fire department.

C. 

Property Owners Associations Required.

1. 

Homeowners’ or Property Owners’ Association Required.

Subdivisions developed with private streets and alleys must have a mandatory Homeowners’ or Property Owners’ Association which includes all property to be served by private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances.

2. The association documents must establish a reserve fund for the maintenance of streets and other improvements. The association documents shall be reviewed and approved by the City’s attorney to ensure that they conform to this and other applicable City ordinances. The documents shall be filed of record prior to the approval of the Filing Plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association may not be dissolved without the prior written consent of the City. No portion of the association documents pertaining to the maintenance of the private streets and alleys and assessment therefore [therefor] may be amended without the written consent of the City.

D. 

Construction and Utilities.

Water, sewer, drainage facilities, streetlights and signs placed within the private street and alley lot shall be installed to City standards prior to approval of the Filing Plat. All City regulations relating to infrastructure financing and developer cost participation shall apply to subdivisions with private streets.

E. 

Converting Private Streets to Public Streets.

The property association documents shall allow the association to request the City to accept private streets and alleys and the associated property as public streets and right-of-way upon written notice to all association members. The request will be accepted for consideration if it contains the signatures of the owners of 75% of the affected lots on the street. However, in no event shall the City be obligated to accept said streets and alleys as public.

1. 

City’s Acceptance of Streets and Alleys.

Should the City elect to accept the streets and alleys as public, the City may inspect the private streets and assess the lot owners for the expense of needed repairs concurrent with the City’s acceptance of the streets and alleys. The City will be the sole judge of whether repairs are needed.

2. 

City’s Requirements.

The City may also require, at the association’s expense, the removal of guard houses, access-control devices, landscaping or other aesthetic amenities located within the street lot. The association documents shall provide for the City’s right to such assessment. Those portions of the association documents pertaining to the subject matter contained in this subsection shall not be amended without the written consent of the City.

F. 

Access Restrictions.

1. 

General Requirements.

The entrances to all private streets shall be marked with a sign stating that it is a private street. Either a guard house or an access-control device such as a gate or cross arm shall be constructed at each entrance. All restricted access entrances shall be manned 24 hours every day, or an alternative means shall be provided of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide City services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association.

2. 

Restricted Access.

Private streets that have access controlled by a gate, cross arm, or other access-control device shall conform to the following requirements:

a. The street must have a minimum uninterrupted pavement width of 24 feet at the location of the access-control device.

b. If an overhead barrier is used, it shall have minimum height above the road surface as required by the local fire department for fire lanes.

c. The design of all gates, cross arms and access-control devices, including automatic opening systems and manual backup systems, shall be approved by the local fire department before installation.

d. The gates, cross arms, and access-control devices shall be tested and accepted by the fire department before being put into operation.

e. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet.

f. If the entrance incorporates a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the fire department. This approval shall be contingent upon the subdivision with private streets having a second approved means of access, but in no case shall any single gate or street pavement have a clear opening of less than 15 feet.

3. 

Visitor Entrance Design Standards.

At least one entrance to a subdivision with private streets shall be equipped for visitor access. In addition to meeting the above design standards, the visitor entrance shall be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in an automobile queuing. A turnaround space with a minimum outside radius of 30 feet shall be located between any call or code box and the access-control device to allow vehicles denied access to safely exit onto public streets in a “headout” position. A sign shall be erected next to the edge or such turnaround space to prohibit vehicle parking in such space. A resident entrance used in combination with a visitor entrance shall comply with the requirements of this Subsection.

4. 

Resident Only Entrance Design Standards.

In addition to meeting the above design standards, an access-control device that requires residents to use a key, card, or code to gain access shall setback internally a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing; except that resident entrances equipped with an electronic opener that allows residents to remotely open the access-control device and enter the subdivision without having to stop are exempted from this requirement. A sign shall be erected next to any resident entrance that does not meet the 50-foot setback requirement of this subsection and does not provide a turnaround space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.17 Survey Monuments and Lot Markers.

A. 

Temporary Survey Reference Markers.

1. Before the Vesting Plat is submitted to the City for consideration, a temporary marker and a guard stake with flagging shall be placed by the surveyor on all of the development’s perimeter boundary corners which do not have a “found” monument.

a. Perimeter boundary corners includes points of intersection (PI), points of curvature (PC), points of compound curvature (PCC), points of tangency (PT) and any other point along the boundary which is necessary to establish the boundary of the development.

b. A guard stake with flagging shall be placed on all “found” monuments.

c. The temporary markers shall be within one foot (1') of the surveyed corner and the guard stake shall be within one foot (1') of the temporary marker or the “found” monument.

2. Submission of the Vesting Plat prepared by the licensed surveyor shall be considered evidence that the temporary markers, guard stakes, and flagging have been set, regardless of whether or not the Vesting Plat has been sealed and signed.

B. 

Permanent Survey Reference Monuments.

1. Before the Filing Plat is submitted to the City for consideration, a concrete monument six inches (6") in diameter and twenty-four inches (24") long, shall be placed by the surveyor on each of the development’s perimeter boundary corners which do not have a “found” monument.

a. An eighteen inch (18") long steel rod, 5/8 inch in diameter and embedded at least twelve inches (12") into the monument, shall be placed at the boundary intersection point on each monument.

b. These monuments shall be set at such an elevation that they will not be disturbed during construction.

c. The tops of the monuments shall be at least twelve inches (12") below the finished grade.

2. In addition to the requisite number of hard copies, Filing Plats shall also be prepared and submitted electronically oriented in Texas State Plane grid coordinates (U.S. Survey Foot), Grid North, South Central Zone (4204), NAD 83, at an elevation datum based on NAVD 88.

3. Submission of the Filing Plat prepared by the licensed surveyor shall be considered evidence that the monuments and benchmarks have been set, regardless of whether or not the Filing Plat has been sealed and signed.

C. 

Public Right-Of-Way Markers.

1. Public Rights-of-Way and easements for public streets or approved access easement shall be indicated by monuments placed along their centerlines. Monuments shall be placed at PI, PC, PCC, and PT.

2. Where concrete streets are constructed, the monuments shall be an “X” cut into the concrete pavement.

3. Each leg of the “X” shall be at least six inches (6") long and 1/4-inch deep.

4. Where asphalt streets are constructed and in unpaved areas, the monument shall be a 5/8-inch iron bar, eighteen inches (18") long.

D. 

Survey Benchmarks.

1. All survey monuments and lot markers shall adhere to the adopted survey benchmark documents.

2. Each Filing Plat is required to have at least one permanent benchmark monument set within its boundary based upon NAVD 88. All portions of the perimeter boundary of the development shall be less than 1/2 mile from the benchmark, or additional benchmarks shall be set such that all portions of the perimeter boundary of the development are within 1/2 mile of a benchmark.

3. Benchmark monuments may be similar to permanent boundary corner monuments set flush with the ground, or may be set on top of visible concrete structures such as headwalls or curb inlets by chiseling a 1-1/2 inch square in the concrete 1/4-inch deep. The location and elevation of the Benchmark(s) (based on NAVD 88) shall be noted on the Filing Plat.

(Ordinance 2013-32 adopted 12/3/13)

§ 7.18 Miscellaneous.

A. 

Underground Utilities.

1. All distribution lines, cables, etc. for utilities shall be installed below ground within the Subdivision to eliminate the necessity for disturbing the street, curb and gutter, sidewalk and other services and structures when making connections.

a. Transmission lines or major cables to provide utilities such as electric, telephone, and cable television to the area as a whole may be located above ground on the perimeter of the Subdivision being served.

b. The installation of these utilities shall conform to commonly accepted construction standards and be subject to review by the City Manager.

2. The Developer shall provide separate service lines for water and wastewater (sanitary sewerage) to each lot or point of metering.

3. The Developer shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service to and within the addition and for any costs or refunds of such cost.

4. All Plats for residential and multifamily developments shall require all telephone lines, cable television lines, electric lines, and utility lateral and services lines and wires to be placed underground except as otherwise herein provided.

a. In special or unique circumstances or to avoid undue hardships a Major Subdivision Waiver may be approved to permit the construction and maintenance of overhead electric utility lateral or services lines and of overhead telephone and cable TV lines and may approve any Plat or Site Plan with such approved variances or exceptions.

b. All Filing Plats for residential and multifamily Subdivisions submitted for approval by the City must display signature approval by utility companies prior to submittal.

i. All multifamily Plats or Site Plans must display signature approval by utility companies before any building permits are issued.

ii. No Filing Plat shall be approved and no building permit will be issued without such approval.

c. Where electrical service is to be placed underground, street or site facilities shall also be placed underground.

d. All electrical, cable TV and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in Subdivisions shall be pad mounted or placed underground.

e. Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities.

i. Each utility whose facilities are subject to the provisions of this Subdivision Ordinance shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

f. Unless specifically stated otherwise, temporary construction service may be provided by overhead utility lines and facilities without obtaining a waiver.

g. “Electric Utility Service Lines” shall mean those electric lines which through a transformer connect a lateral line to a customer’s service entrance.

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

6. Nothing in this ordinance shall be construed to require any existing facilities to be placed underground when no development is proposed.

B. 

Company Notification to City.

All utility companies will notify the City before digging, boring, drilling, etc.

C. 

Street Lighting.

1. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook.

2. Street lighting shall conform to City standards.

3. In no instance shall the spacing between streetlights exceed six hundred (600) feet.

4. Cost of installation of street lighting shall be borne by the Developer.

(Ordinance 2013-32 adopted 12/3/13)