2.1.1 
The establishment of residential developments with tracts of one acre or less where the water supply and sewer services do not meet the minimum standards of these Regulations is prohibited. Subdivisions with tracts of one acre or less are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and on all deeds and contracts for deeds. All plats with a tract or tracts of one acre or less shall comply with the minimum standards of these Regulations, including Section 2.
2.1.2 
The establishment of residential developments with tracts of less than ten (10) acres where the water supply does not meet the minimum standards of these Regulations is prohibited. Subdivisions with tracts of less than ten acres are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and on all deeds and contracts for deeds. All plats with a tract or tracts of less than ten acres shall comply with the minimum standards of these Regulations, including Section 2.
(Ordinance 0035 adopted 1/11/94)
2.2.1 
Public Water Systems
2.2.1.1 
Where drinking water is to be supplied to a subdivision from a central system not connected to an established and regulated Municipal Utility District, the water quality and system design, construction and operation shall meet the minimum criteria set forth in 25 TAC 337.201–337.212, “Rules and Regulations for Public Water System” and 25 TAC 337.1–337.18, “Drinking Water Quality and Reporting Requirements for Public Water Supply Systems.”
2.2.1.2 
Subdividers who propose to supply drinking water by connecting to an existing central system must provide a written agreement with the public water surveyor [purveyor]. The agreement must accommodate the total flow anticipated from the ultimate development and occupancy of the proposed subdivision.
2.2.2 
Non-Public Water Systems.
Where individual wells are proposed for the supply of drinking water to residential establishments, the following conditions and requirements shall be observed.
2.2.2.1 
A test well or wells located so as to be representative of the quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The results of such analyses shall be made available to prospective property owners. The results of the analysis shall also be made available to the El Paso City-County Health District and the Texas Department of Health to assist the prospective purchaser in interpreting the analysis and verifying conditions of this section.
2.2.2.2 
The water quality of individual wells must, after treatment, meet the standards of quality for community water systems established by 25 TAC Sections 337.3, 337.4, 337.10, and 337.14. No lot may be occupied until an approved source of potable water is available.
2.2.3 
Transportation of Potable Water.
The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these Regulations due to the negligence of the subdivider does not constitute an emergency.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
2.3.1 
Organized Sewerage Facilities
2.3.1.1 
Subdividers who propose the development of an organized wastewater collection and treatment system other than an established and regulated Municipal Utility District must obtain a permit to dispose of wastes from the Texas Natural Resource Conservation Commission (to be referred to as TNRCC) in accordance with 31 TAC Chapter 305 “Consolidated Permits” and obtain approval of engineering planning materials for such systems under 31 TAC Chapter 317 “Design Criteria for Sewerage Systems” from the TNRCC.
2.3.1.2 
Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement with the permittee. The agreement must accommodate the total flow anticipated from the ultimate development and occupancy of the proposed subdivision. Engineering plans for the proposed wastewater collection lines must be approved by the TNRCC.
2.3.2 
On-Site Sewerage Facilities
2.3.2.1 
On-site sewerage facilities which serve single-family or multifamily residential dwellings with anticipated wastewater generations of one thousand (1,000) gallons per day up to five thousand (5,000) gallons per day must be designed by a registered professional engineer or registered professional sanitarian.
2.3.2.2 
Proposals for on-site sewerage facilities for the on-site disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must be presented to the Texas Water Commission for determination of the necessity for a wastewater permit from that agency. Each such disposal facility must be designed by a registered professional engineer.
2.3.2.3 
On-site sewerage facilities not required to obtain a wastewater permit from the Texas Water Commission must apply for and receive a permit from the Texas Department of Health or its authorized agent as required by the procedures established in 25 TAC 301.101 through 301.109 and the El Paso County Sewage Facility Order.
2.3.2.4 
On-site Sewage Disposal Near Lakes.
On-site sewerage facilities proposed near lakes must be licensed and installed in strict accordance with requirements established by the Texas Water Commission in their rules 31 TAC Chapter 285.
2.3.2.5 
On-site Wastewater Disposal in Recharge Zones.
On-site sewerage facilities proposed within aquifer recharge zones must be licensed and installed in strict accordance with requirements established by the Texas Water Commission in 31 TAC Chapter 313 and applicable Texas Department of Health Regulations.
2.3.2.6 
Review, Inspection and Permitting of On-Site Sewerage Facilities.
The Texas Department of Health or its authorized agent shall review proposals for on-site sewage disposal systems and make inspections of such systems as necessary to assure that the system is in compliance with Chapter 366 of the Texas Health and Safety Code and rules 25 TAC Sections 301.11 through 301.17 and any additional applicable sections, “Construction Standards for On-site Sewerage Facilities.” In addition to the unsatisfactory on-site disposal systems listed in 25 TAC 301.16, pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules.
2.3.3 
[Reserved]
2.3.4 
Greywater Systems for Reuse of Treated Wastewater
2.3.4.1 
Organized or Municipal Sewerage Systems.
Any proposal for sewage collection, treatment and disposal which includes greywater reuse shall meet minimum criteria of 31 TAC, Chapter 310.1–310.17, “Use of Reclaimed Water,” promulgated and administered by the Texas Water Commission.
2.3.4.2 
On-site Sewerage Facilities.
Any proposal for on-site sewage disposal which includes provisions for greywater use shall meet the minimum criteria of 25 TAC, Chapter 301, Section 301.17, contained within the “Construction Standards for On-site Sewerage Facilities” promulgated by the Texas Department of Health.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
The disposal of sludge from water treatment and wastewater treatment facilities shall meet the criteria of 25 TAC, Chapter 325, Subchapters N and X, and 31 TAC, Chapter 317.
(Ordinance 0035 adopted 1/11/94)
Setbacks from roads, property lines, rights-of-way, etc. shall be a minimum of twenty (20) feet on front and back property lines and five (5) feet on side property lines, and shall not conflict with separation or setback distances required by rules governing public utilities, on-site sewerage facilities, or drinking water supplies.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-005 adopted 6/10/97)
No more than one single-family detached dwelling shall be located on each tract. A notation of this restriction shall be placed on the face of the final plat. This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Notice of this restriction must be given by the seller to purchasers prior to execution of any binding agreement for sale or conveyance of any real estate. Proposals which include multifamily residential or commercial units shall include adequate, detailed planning materials as required for determination of proper water and wastewater utility type and design.
(Ordinance 0035 adopted 1/11/94)
2.7.1 
Applicability [lots one acre or less].
If an adequate public or nonpublic water system or wastewater facility is not available from another entity, or is not constructed by the subdivider, to serve lots intended for residential purposes of one acre or less at the time final plat approval is sought, then the City Council shall require the owner of the subdivided tract to execute an agreement with the City secured by a bond or other alternative financial guarantees such as a cash deposit or a letter of credit pursuant to these Regulations. Lots of one acre or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds.
2.7.2 
Applicability [lots 10 acres or less].
If an adequate public or nonpublic water system is not available from another entity, or is not constructed by the subdivider, to serve lots intended for residential purposes of ten acres or less at the time final plat approval is sought, then the City Council shall require the owner of the subdivided tract to execute an agreement with the City secured by a bond or other alternative financial guarantees such as a cash deposit or a letter of credit pursuant to these Regulations. Lots of ten acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and all deeds and contracts for deeds.
(Ordinance 0035 adopted 1/11/94)
2.8.1 
Purpose.
The primary purpose of the parkland dedication ordinance is to insure that any need for parkland which arises from new development is satisfied by the subdivider/developer as part of the new development, so that those that generate the need contribute their proportionate share to alleviating the need. Accordingly, when new development occurs, a reasonable contribution is to be made for space and facilities for those who live in the new development to engage in active or passive recreation activities within or near the new development.
2.8.2 
Stipulations for Dedicated Parkland
A. 
A residential subdivision shall include any plat submitted on property where the zoning allows for single-family or multifamily development, whether or not the land is developed for residential purposes.
B. 
The subdivider shall depict the proposed parkland improvements within the subdivision improvement plans submitted for review and approval.
C. 
Where an application for a residential subdivision is filed, the amount of dedicated parkland shall comply with the provisions of this section and/or fees required to be paid in lieu of dedication to the City shall be paid as set forth in Section 2.8.3 in the amounts set forth in the fee schedule adopted by the city council.
D. 
The minimum size of any parkland dedicated to the City will be 1 acre due to maintenance costs and public recreation needs.
E. 
In areas being developed within Horizon City, Texas, and its ETJ, the City staff calculate the parkland acreage that should be dedicated and/or the fees that should be paid for every application, pursuant to this Section 2.8.
If the developer desires to pay fees in lieu of dedicating parkland, or provide additional land or make improvements to another dedicated park in lieu of dedicating parkland, then the developer prior to submitting a preliminary plat application on a proposed subdivision development, should request a decision by Council to consider approval, at its discretion of any of the following:
(1) 
fees in lieu of dedicating parkland;
(2) 
dedicating additional parkland acreage in the proposed subdivision, in lieu of future parkland required to be dedicated for development of an adjacent subdivision by the same developer within 2 years from the date of the recording plat; or
(3) 
in lieu of payment of required park fees for development of an adjacent subdivision, construction of additional park improvements to parkland previously dedicated by the same developer within the prior 2 years, which time shall be determined by the date of the recording plat. Any additional park improvements in lieu of fees shall supplement the park improvements required by the minimum standards set forth in Section 2.8.3 and the value and cost of such additional improvements shall be determined by the City Engineer in the same manner as construction bonds and financial guarantees are established under Sections 7, 8 and 9 of these subdivision regulations. In addition, a developer participation agreement will be executed within 6 months prior to the construction of such additional park improvements.
2.8.3 
Calculating Acreage and Fees for Dedicated Parkland.
A. 
When the subdivision application requires dedication of parkland and/or fees or the City has approved the payment of cash in lieu of the dedication of parkland, such payment shall be calculated in the following manner, which may be amended by the Council from time to time:
Single-Family and Mobile Homes in Single Subdivision:
1–149 Units
$400.00 per unit
150–224 units
1 acre plus $400.00 per unit over 150 units
225–299 units
1-1/2 acres plus $400.00 per unit over 225
300 units and up
2 acres plus $400.00 per unit over 300 unit
Multifamily in Single Subdivision:
1–249 units
$240.00 per unit
*For 250 units and up, 1 acre plus $240.00 per unit over 250 units, plus an additional 1/2 acre for each additional 75 unit plus $240.00 per unit above the 75 unit increment will be required.
B. 
The number of units in subdivisions by the same developer on adjoining properties or within one-half (1/2) mile of another subdivision by the same developer within five (5) years of the date of the submittal of the preliminary plat for the initial subdivision, will cumulated, and the parkland dedication requirements will be determined at the greater amount up to and including land. If a developer submits a preliminary plan for a subdivision and dedicates land and pays fees based on the cumulated table, and the developer later submits a preliminary plan for a subsequent subdivision, any fees paid for the prior subdivision for excess units will not be adjusted or deducted from the fees due under the subsequent subdivision nor will fees be refunded to the developer.
When units are cumulated under this section, the acreage and fees shall be calculated as set forth in subsection (A) for the first 300 units, but when the number of cumulated units is greater than 300 units, then the following table shall apply:
Single-Family and Mobile Homes in Cumulated Subdivisions:
300–374 units
2 acre plus $400.00 per unit over 300 units
375–450 units
2-1/2 acres plus $400.00 per unit over 375 units
450–524 units
3 acres plus $400.00 per unit over 450 units
525–599 units
3-1/2 acres plus $400.00 per unit over 525 units
600–674 units
4 acres plus $400.00 per unit over 600 units
675–749 units
4-1/2 acres plus $400.00 per unit over 675 units
*For 750 units and up, 1/2 acre for each 75 additional units plus $400.00 per unit above the 75 unit increment will be required.
Multifamily in Single Subdivision in Cumulated Subdivisions:
1–249 units
$240.00 per unit
250 units and up
1 acre plus $240.00 per unit over 150 units
*For 250 multifamily units and up, 1/2 acre for each 75 additional multifamily units plus $240.00 per multifamily units above the 75 multifamily units increment will be required.
Example 1: XYZ developer applies for subdivision #l of 70 single-family/mobile (“SFMH”) units. One year later XYZ Developer submits subdivision #2 of 85 SFMH units. The total in less than five years is 155 SFMH units, therefore the developer will be required to dedicate 1 acre plus $2,000.00 for the five SFMH units over 150 SFMH units.)
Example 2: Two years after applying for the first subdivision, XYZ Developer submits subdivision #3 of 149 SFMH units. The total in less than five years is 304 SFMH units, therefore the developer will be required to dedicate 1 additional acre plus pay $1,600.00 for the four SFMH units over 300 SFMH units.)
Example 3: Four years after the development of subdivision #2 shown in Example 2, XYZ developer submits subdivision #4 for 85 SFMH units. The total of units in subdivision #2, #3 and #4 in less than five years is 319 SFMH units, therefore the developer will be required to dedicate no additional parkland and will pay $7,600.00 for the 19 SFMH units over 300 SFMH units.)
2.8.4 
Standards For Dedicated Parkland.
Parkland deeded to the City shall be improved as required by this subsection.
A. 
No floodplain or ponding areas shall be deeded for parkland. Only flatland with acceptable drainage is acceptable.
B. 
A minimum of one hundred feet (100') of frontage contiguous with a public access way.
C. 
Construction of the required parkland improvements shall be completely installed and constructed by the subdivider within a time period specified in an approved Subdivision Construction Agreement or prior to recording of plat.
D. 
The parkland dedication shall not include land required and utilized for utility easements.
E. 
Paving frontage, curbing, gutter and utility extensions for all street frontage abutting the outside perimeter of the parkland.
F. 
An accessible sidewalk, street crossing and other pedestrian route installed adjacent to the curb on all street frontage abutting the outside perimeter of the parkland of a minimum width and construction to provide accessibility to individuals with disabilities for A.D.A. compliance.
G. 
All electrical lines to be placed underground.
H. 
Grading, automatic irrigation and turf within the parkland boundaries, the design and installation as approved by the City Engineer.
2.8.5 
Fees, Land or Improvements In Lieu of Dedication of Parkland
A. 
Fees in lieu of land, where land is required is at the sole discretion of the council. When the City has approved the payment of cash in lieu of the dedication of parkland, such payment shall be calculated in the manner and in the amounts set forth in Section 2.8.2 [Section 2.8.3].
B. 
Land in lieu of fees where fees are required can be approved at the sole discretion of the city council. (For example, If subdivision is 140 units, the fee requirement would be $56,000.00, council may allow developer to dedicate or deed a parcel of land with the equivalent value on a schedule to be approved by the council, provided that the council makes the following findings: (1) the parkland acreage available to serve the new subdivision meets the minimum standards set in Section 2.8.3 above and is available to serve the new subdivision is adequate; (2) there are no identifiable funds available in the adopted or proposed annual CIP to complete the improvements; (3) the improvements to the park will be made no later than 2 years from the date the park is dedicated.
C. 
Additional improvements to a specific park in lieu of dedication of land or payment of fees can be approved at the sole discretion of the council. (For example, if a second subdivision is adjacent to a dedicated park serving the subdivision, and the fee requirement would be $56,000.00, the Council may allow developer to make additional improvements to the dedicated parkland which has the equivalent value, on a schedule to be approved by the council; provided, however, that the council makes the following findings: (1) the parkland acreage available to serve the new subdivision is adequate; (2) there are no identifiable funds available in the adopted or proposed annual CIP to complete the improvements; (3) the improvements to the park will be made no later than 2 years from the date the park is dedicated; (4) the city and developer will enter into a developer participation agreement on terms and conditions that are reasonably acceptable to the city within the six months prior to the time that the improvements will be made.
D. 
Payment of required parkland fee in lieu of deeded parkland shall be received prior to acceptance of recording plat for filing.
2.8.6 
Miscellaneous Issues
A. 
Land annexed by Horizon City, Texas, shall include as a part of the Service Plan, the parkland that will be dedicated in compliance with these requirements and identification of the location of parkland to be dedicated.
B. 
Any fees deposited with the City for the purposes of parkland development will be dedicated for this use.
(Ordinance 0035-006 adopted 3/10/98; Ordinance 0035-007 adopted 10/13/98; Ordinance 0035-007 adopted 12/9/03; Ordinance 0248 adopted 11/13/18)