(a)
Conformance to plans.
(1)
Public improvements.
Proposed public improvements serving
new development shall conform to and be properly related to the public
facility elements of the comprehensive plan, other adopted master
plans for public facilities and services, and applicable capital improvements
plans, and shall at a minimum meet the service levels specified in
such plans.
(2)
Conformance with master thoroughfare plan.
All property
within the city and its ETJ, and any corresponding plats and/or construction
plans, shall provide for thoroughfares as shown in the master thoroughfare
plan. Minor adjustments to thoroughfare alignments may be allowed
without amending the master thoroughfare plan if the director of engineering
determines the new alignment meets the spirit and intent of the master
thoroughfare plan and will not compromise public safety or traffic
efficiency. The design and construction of all proposed thoroughfares
shall be in conformance with the city’s engineering design standards,
and is subject to approval by the director of engineering. Such approvals
shall be required prior to any plat approval.
(3)
Master thoroughfare plan amendment.
If a significantly
different roadway alignment or a road type other than what is shown
on the master thoroughfare plan is proposed, then the master thoroughfare
plan shall be amended prior to any plat approval. Submission of a
traffic impact analysis (TIA) of the proposed amendment by the developer
may be required if the director of development services and the director
of engineering determine that such an analysis is necessary to fully
assess the impact of the proposal upon the city’s overall thoroughfare
network.
(4)
Water and wastewater plans.
The design and construction
of the water system and wastewater system to serve the development
shall be in conformance with the city’s master plans for water
and wastewater facilities and with the engineering design standards.
The design is subject to approval by the director of engineering prior
to approval of the construction plans and the final plat.
(5)
Storm drainage standards.
The design and construction
of the storm drainage system to serve the development shall be in
conformance with, but not limited to, the city’s master plans
for stormwater drainage, with the city’s storm drainage policies
(water reuse master plan), and with the engineering design standards.
The design is subject to approval by the director of engineering prior
to approval of the construction plans and the final plat.
(b)
Provision of adequate public facilities.
(1)
Adequate services for areas proposed for development.
Land proposed for development in the city and in the city’s
ETJ shall be served adequately by essential public facilities and
services, including, but not limited to, water distribution, wastewater
collection and treatment, roadways, pedestrian circulation, storm
drainage conveyance, and park and recreational facilities. Land shall
not be approved for platting or development until adequate public
facilities necessary to serve the development exist or provisions
have been made for the facilities, whether the facilities are to be
located within the property being developed or offsite.
(A)
Street access.
A plat will not be approved unless
all of the proposed lots have safe and reliable street access or frontage
for daily use and emergency purposes.
(i)
A plat will not be approved unless all of the proposed lots
have access to an improved public street (or a public street that
will be improved during construction of the proposed development)
that meets the city’s minimum design and paving standards, or
to an approved public way or mutual access easement that is connected
to an improved public street.
(ii)
Except for lots that are provided access from an approved cul-de-sac,
all lots within a development shall have at least two (2) means of
access or approach. Where development phasing or constraints of the
land prevent the provision of a second, separate means of access,
the city may, but is not required to, accept a temporary, paved street
connection provided that a second permanent access point can be reasonably
anticipated with future development of adjacent properties.
(iii)
In certain circumstances where providing two (2) means of access
to a site is not feasible, the planning and zoning commission may
waive this requirement if staff can demonstrate that the site can
be adequately served by emergency vehicles and that life and safety
issues have not been compromised.
(iv)
For properties situated adjacent to an existing or planned median-divided
thoroughfare, at least one (1) of the required access points shall
occur at, or through access easement connection to, a median opening.
(See diagram 10.03.112, median and cross access)
(B)
Water.
A plat will not be approved unless all
of the proposed lots are connected to a public water system which
is capable of providing adequate water for health and emergency purposes.
(i)
Except for lots along an approved cul-de-sac, all lots shall
be provided service connections from a looped water main providing
water flow from two (2) directions or sources.
(ii)
Water service shall be sufficient to meet the fire flow requirements
of the proposed development, except where a suitable alternative means
of fire protection is approved by the fire chief.
(iii)
The city may require the phasing of development and/or improvements
to the water system to ensure adequate fire protection.
(iv)
Plats for residential lots greater than one (1) acre in size
may use private well water, at the discretion of the director of engineering.
(C)
Wastewater.
A plat will not be approved unless
all of the proposed lots are served by an approved means of wastewater
collection and treatment.
(i)
The projected wastewater discharge of a proposed development
shall not exceed the proposed capacity of the wastewater system.
(ii)
The city may require the phasing of development and/or improvements
to the sanitary sewer system so as to maintain adequate wastewater
capacity.
(iii)
Plats for residential lots greater than one (1) acre in size
may use authorized private septic systems, at the discretion of the
director of engineering.
(D)
Storm drainage.
Increased stormwater runoff attributable
to new development shall not cause impacts to adjoining, upstream
or downstream properties. Impacts are defined as the change (delta)
in runoff between pre- and post-development counts. Where the projected
runoff from a new development exceeds runoff from pre-development
conditions, the city may require the phasing of development, the use
of control methods such as retention or detention, obtaining off-site
drainage easements, and/or the construction of off-site drainage improvements
as means of mitigation. All designs shall comply with the engineering
design standards, as it exists or may be amended.
(2)
City’s cost of review.
Should the city deem that
adequate review of the roadway, water, wastewater, or drainage submittal
should be outsourced to a third party, the cost of such review shall
be passed through to the developer or applicant.
(3)
Property owner’s responsibilities.
The property
owner shall be responsible for, but not limited to, the following:
(A)
Dedication and construction of improvements.
The
property owner shall dedicate all rights-of-way and easements for,
and shall construct and extend, all necessary on-site and off-site
public improvements for water distribution, wastewater collection
and treatment, streets, storm drainage conveyance, and other improvements
that are necessary to adequately serve each phase of a proposed development
at service levels that are consistent with the city’s applicable
master facilities plans and engineering design standards.
(B)
Abutting substandard streets.
Where a substandard
street abuts or traverses a proposed development, the city may require
the property owner to dedicate additional right-of-way and to improve
the street to the current city design and construction standards as
set forth in the engineering design standards. Such requirements to
improve the substandard street to the city’s current standards
shall only be imposed following careful review of factors including,
but not limited to:
(C)
In the case of frontage or service roads for state or federally designated
highways, the entire abutting right-of-way shall be dedicated to the
city and improved to the county, state or federal agency’s applicable
construction design standards if such improvement is approved by the
agency.
(D)
Right-turn lanes mandatory.
The city reserves
the right to require free right turn lanes into any development from
a collector or higher category roadway. Should the applicant request
a waiver from this requirement, the applicant must provide to the
city a study by an acceptable third party that justifies the elimination
of the required free right turn lane.
(E)
Facilities impact studies.
The city may require
that a developer prepare a comprehensive traffic impact analysis (TIA),
flood or drainage study or downstream assessment, or other facilities
impact studies in order to assist the city in determining whether
a proposed development will be supported with adequate levels of public
facilities and services concurrent with the demand for the facilities
created by the development. The cost of such study or studies shall
be borne by the applicant.
(F)
Timing and approval of studies.
Any outside study
shall be subject to approval by the director of engineering prior
to approval of the preliminary plat and the construction plans. The
city also may require, at the time of approval of subsequent applications
(e.g., final plat), an update of a facilities impact studies that
were approved in conjunction with a prior application (e.g., preliminary
plat).
(G)
Future extension of public facilities.
The property
owner shall make provisions for future expansion of the public facilities
as needed to serve future developments, subject to the city’s
oversize participation policies, if applicable.
(H)
Operations and maintenance of the public facilities.
The property owner shall provide for all operations and maintenance
of the shared public facilities located on private property, or shall
provide proof that a separate entity will be responsible for the operations
and maintenance of the facilities.
(I)
Fiscal security.
The property owner shall provide
all fiscal security required for the construction of the public facilities.
(J)
Approvals from utility providers.
The property
owner shall obtain all necessary approvals from the applicable utility
providers other than the city, and shall submit written verification
of such approvals to the city with the construction plans.
(K)
Compliance with utility providers.
The property
owner shall comply with all requirements of the utility providers,
including the city and applicable utility districts.
(c)
Provision of utilities.
All electrical, cable, and other
telecommunications systems shall be located underground with the exception
of regional transmission lines.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Water and wastewater basic policy.
(1)
Construction requirements.
(A)
All public water and wastewater mains shall be located in the frontage
of the property along streets, or in easements adjacent to the development
in order to provide service to adjacent property.
(B)
Public water and/or wastewater mains shall not be located within
a private street, drive or access easement unless a public utility
easement is provided.
(C)
The minimum easement width for water or wastewater mains shall be
fifteen (15) feet, or as determined by the director of engineering.
Where it is necessary for water and wastewater facilities to be located
within the same easement, the easement shall be a minimum of twenty
(20) feet in width, or as determined by the director of engineering.
(D)
No portion of a structure (including, but not limited to, walls,
foundations, porches/patios and porch/patio covers, canopies, roof
extensions/overhangs, chimneys, fire flues, etc.) shall encroach over
or into any easement, except that wall-attached window awnings, “bay”
style windows, and roof eaves shall be allowed to encroach into an
easement a maximum of twenty-four (24) inches.
(E)
A water or wastewater easement between two (2) lots must fall entirely
on a single lot and shall not straddle the lot line unless specifically
approved by the director of engineering for cause.
(F)
Easements shall be dedicated for exclusive use for water and wastewater
facilities and shall be shown on the final plat for the specific purpose
intended. When it is necessary for additional utilities to be placed
within such utility easement, additional width shall be provided and
the easement shall be labeled for its additional intended purpose
on the final plat.
(G)
When it is necessary to relocate or replace an existing water or
sewer facility to accommodate a proposed subdivision, the developer
is responsible for all costs associated with the relocation, except
as agreed to by city council for oversize participation.
(2)
Construction plans.
Plans for construction of all water
and wastewater facilities required by these regulations shall be prepared
in accordance with the requirements and specifications contained in
the engineering design standards, the regulations of the Texas Commission
on Environmental Quality (TCEQ), National Sanitation Foundations (NSF),
Texas Department of Insurance, insurance services office, and the
city’s current adopted fire code, which are incorporated by
reference and made a part hereof. Plans for the improvements must
be prepared by a licensed engineer and accepted by the director of
engineering.
(3)
Acquisition of easements.
The developer shall be responsible
for the acquisition of all required off-site easements. If the developer
is unable to acquire the necessary off-site easement, the city shall
be provided with easement or right-of way survey documents and exhibits,
documentation, including evidence of a reasonable offer made to the
affected property owner. Upon receiving a written request for assistance,
the city may, at its option, acquire these easements either through
negotiations or through condemnation in appropriate situations. The
developer shall reimburse the city for the costs of acquiring the
necessary easements including but not limited to attorney fees, expert
fees, and title searches.
(b)
Preliminary utility plan.
(1)
Submittal of plans.
Concurrent with the submission of
a preliminary plat, final plat, replat or minor plat, the developer
shall submit a plan showing the location and size of water, wastewater,
and storm drainage mains that will be required to provide adequate
service and fire protection to the lots specified in the proposed
plat. Plans and specifications for fire hydrant systems shall be submitted
to the fire marshal for review prior to construction.
(2)
Plan document.
The plan shall conform to the engineering
design standards.
(3)
Coordination with other utility providers.
(A)
Preliminary 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.
(B)
Minor plat, replat.
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 the existing
facilities provide adequate domestic service and fire protection.
If the city has reason to believe that there may be water supply or
pressure concerns, a water system analysis may be required.
(C)
Final plat.
The final plat will not be filed with
Denton or Collin County until a letter has been provided from the
utility provider stating that they have accepted the plans for construction.
(c)
Miscellaneous requirements.
(1)
No building or structure shall be constructed within or over an existing
wastewater, lateral, water main or storm drain easement unless approved
in writing by the director of engineering in a signed and executed
development agreement, approved by city council, stating that any
damage to the lines within or over the easement caused by the erection
of the sign or construction of any building or structure shall be
repaired to city standards at the property owner’s expense.
Additionally, should the city, the county and/or franchise utility
company require access to said easement that any repairs to the affected
building, sign or structure shall be solely at the expense of the
property owner.
(2)
Monument signs may be constructed over an existing wastewater, lateral,
water main or storm drain easement if approved by the city manager
or designee in a signed and an executed agreement stating that should
any disturbance, repair, or realignment conducted by the city or a
franchise utility company within the easement that may affect the
sign requires that the sign owner make all necessary repairs to the
sign, including the entire replacement of the sign, at the owner’s
sole expense.
(3)
Ownership and maintenance of water and wastewater mains and service
connections shall be regulated as follows:
(A)
The title to all wastewater lines constructed, including wastewater
service connections located in a right-of-way or dedicated easement,
shall be vested in the city or the applicable utility provider.
(B)
The developer, or single customer, shall be responsible for all maintenance
of the wastewater service connection, unless replacement of the service
is required under the public roadway or pavement. When replacement
is determined to be necessary by the director of engineering, the
city shall assume the responsibility for replacement of that portion
under the pavement.
(C)
The title to all water mains and water meters constructed, and installed,
including the title to service connections, shall be vested in the
city or the applicable utility provider.
(4)
The city makes no guarantee that water supply or wastewater capacity
will be available at any particular time or place.
(5)
The service lines shall extend across the lot in question to provide
future service connections to the adjacent lot.
(6)
Water and wastewater service lines shall be maintained by the property
owner.
(7)
Public water and wastewater mains adjacent to federal, state, or
county roadways shall be constructed outside the right-of-way in a
separate easement unless otherwise agreed upon by those agencies.
(d)
Water.
(1)
Design and construction.
(A)
Installation of water facilities.
Where water
is to be provided through the city system, the property owner shall
install adequate water facilities, including fire hydrants, in accordance
with the city’s engineering design standards, the adopted fire
code, the current rules and regulations for public water systems of
the Texas Commission of Environmental Quality (TCEQ), and the firefighting
standards of the Texas Board of Insurance. If any such requirements
conflict, the most stringent requirement shall apply.
(B)
Facilities for health and safety emergencies; alternative water
sources.
All water facilities connected to the city’s
water system shall be capable of providing water for health and emergency
purposes, including fire protection and suppression. Water supply
facilities shall be in accordance with the engineering design standards.
The design and construction of water system improvements and alternative
water sources shall also comply with the following standards:
(i)
Design and construction of a water source on the site shall
be in accordance with applicable regulations of the Texas Commission
on Environmental Quality (TCEQ).
(ii)
Design and construction of water service from the city shall
be in accordance with the standards in the city’s engineering
design standards.
(iii)
Design and construction of a fire protection and suppression
system shall be in accordance with the standards in the engineering
design standards, and in accordance with the city’s fire department
and adopted fire code.
(2)
Location.
(A)
Shown on construction plans.
The location and
design of all fire hydrants, all water supply improvements and the
boundary lines of special districts, private systems and certified
water service areas, indicating all improvements proposed to be served,
shall be shown on the construction plans.
(B)
Extension of lines.
Extension of water lines shall
be made along the entire frontage of the development adjacent to a
street. If the subdivision is not adjacent to a street, the extension
of water lines shall be accomplished in such a manner as to allow
convenient future connections to said lines by new subdivisions and
the developer shall provide stub out connections at the property line
at the time of water infrastructure installation.
(C)
Variance from requirement.
If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the director of engineering may approve a minor variance for this requirement in accordance with section 10.03.086, variances, of this ordinance prior to action on the construction plans or prior to action on any plat.
(3)
Cost of installation.
The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees and development agreement, if applicable (refer to section 10.03.044, development agreements).
(4)
Cost of extension for single customer.
(A)
When it is necessary to extend a water line to serve a new single
customer where only one meter will be installed, the city at its own
expense will extend the said water line up to 100 feet.
(B)
If a distance is equal to or greater than 100 feet is required to
reach the nearest property line of the new single customer, the said
single customer shall pay one hundred percent (100%) of cost extension
in excess of 100 feet.
(C)
If more than one single customer is served by the main extension,
100 feet of main will be allowed for each single customer thus served,
and any excess footage will be paid for at one hundred percent (100%).
(D)
No more than one single customer credit of 100 feet will be allowed
each lot or tract of record so served regardless of the number of
buildings, occupied or otherwise, which might be located on said lot
or tract.
(E)
Payment will be made in advance of construction.
(5)
Cost of extension to serve developers.
(A)
Where the city’s water distribution system is not planned to
be extended in time to serve a proposed new development, all necessary
water facilities to serve such development shall be provided by and
at the expense of the developer. If oversizing of a water facility
is deemed necessary by the director of engineering for future developments,
then the city may participate in such oversizing costs as part of
a development agreement.
(B)
The developer will pay one hundred percent (100%) of the construction
cost of the size mains required to serve his development, including
the design, construction, and city inspection of the approach main(s).
(C)
When the developer desires that water mains be extended to serve
his property, he will submit a request in writing to the director
of engineering. The property to be served shall be listed showing
the lot, block and subdivision. If the area to be served is a part
of a larger area that is owned or controlled by the developer and
which is reasonably expected to be served by water in the future,
a tentative design of a main layout will be made of the entire area.
The cost estimate will be made on that portion of the subdivision
to be served immediately.
(6)
Individual wells in ETJ.
(A)
Well approval.
Individual wells to provide potable
water within the city’s ETJ shall be subject to approval by
the Denton or Collin County health official, and this approval shall
be documented by the health official’s signature on the water
system statement on the preliminary and final plat. The property owner
must submit with the preliminary and final plat applications a certificate
from a professional engineer who is registered or a geoscientist who
is licensed to practice in the state verifying the adequacy of the
proposed well water supply and potability prior to preliminary plat
and construction plans approvals.
(B)
Compliance with other regulations.
Installation,
operations and maintenance of individual wells shall comply with city
standards, regulations of the Texas Commission on Environmental Quality
(TCEQ), and any other applicable county or state rules and regulations.
In the event of conflict among these regulations, whichever is the
most stringent shall apply.
(7)
Alternative water systems.
Developments may be approved
with alternative water facilities according to the following criteria:
(A)
Water well operation and quality shall meet the minimum requirements
of the Texas Commission on Environmental Quality (TCEQ), Denton or
Collin County, city health ordinances, and all other regulatory agencies,
as applicable.
(B)
Water wells may not be used for commercial sale of water.
(C)
The cost to tie onto the public water system must exceed the certified
initial capital cost of a well by twenty-five percent (25%). All costs
and engineering designs shall be submitted by a licensed professional
engineer and are subject to review and approval by the director of
engineering. If a residence is located within 1,000 feet of a domestic
water supply, that residence must be connected to that service.
(e)
Wastewater.
(1)
Extension of and connection to the city’s wastewater collection
system.
Extension of, and connection to, the city’s sanitary sewer system shall be required for all new developments within the city limits. Extension of, and connection to, the municipal sewer system shall also be required for new developments within the city’s ETJ for any proposed development, lot, tract or parcel that is less than one (1) acre in size. The city is not in any way obligated to allow extension of municipal sewers outside the city limits. The required extension of, and connection to, the municipal sewer system may be waived as a minor variance, in accordance with section 10.03.086, variances, by the director of engineering if the director of engineering determines that such extension would require unreasonable expenditures and that an on-site wastewater disposal system (see section 10.03.072(e)(11), on-site wastewater disposal systems) will function properly and safely.
(2)
Design and construction.
It is the policy of the city
to require all wastewater collection lines to have gravity flow. The
use of lift stations and force mains is prohibited unless a gravity
design is impractical, as determined by the director of engineering.
The location, design and sizing of all wastewater improvements shall
be shown on the construction plans and are subject to approval by
the director of engineering.
(3)
Cost of installation.
The cost of installing all wastewater
improvements to be made by the developer, including off-site improvements,
shall be included in the performance guarantees and development agreement,
if applicable.
(4)
Community sanitary sewerage collection systems.
All
subdivisions developed subsequent to this ordinance must be served
by community sanitary sewerage collection, treatment and disposal
systems approved by the city with exceptions granted only if all of
the following conditions exist:
(A)
The subdivision in question is less than five (5) parcels of land;
(B)
The existing community type collection, treatment and disposal system
is not and cannot feasibly, in the opinion of the director of engineering,
be made available to the area of development; and,
(C)
Percolation tests run by an independent testing laboratory are submitted
to both the city and county health department with results showing
that a septic tank and spreader field can be developed to provide
adequate disposal of the sewage.
(5)
Sewer extensions, generally.
All sewer extensions shall
be designed in accordance with the latest applicable rules and regulations
as published by the Texas State Department of Health and Texas Commission
for Environmental Quality (TCEQ). All sewers shall be designed with
consideration for serving the full drainage area subject to collection
by the sewer in question except as modified with the concurrence of
the director of engineering because of the projected rate of development
or the financial feasibility of the proposed extension.
(6)
Sewer extensions for single customers.
(A)
Where it is necessary to extend a sewer line to serve a new single
customer, the city, at its own expense, will extend said sewer up
to 100 feet.
(B)
If a distance is equal to or greater than 100 feet should be required
to extend the line to the nearest property line of the customer, said
single customer shall pay the excess over the 100 feet allowable at
the rate of one hundred percent (100%) of cost.
(C)
If more than one single customer is served by the main extension,
100 lineal feet of sewer will be allowed for each single customer
thus served, and any excess footage will be paid for at one hundred
percent (100%) of cost.
(D)
No more than one single customer credit of 100 feet will be allowed
for each lot or tract of record so served regardless of the number
of buildings, occupied or otherwise, which might be located on said
lot or tract.
(E)
Payment will be made in advance of construction.
(F)
All service lines shall be designed and constructed in accordance
with the wastewater master plan.
(7)
Extensions to serve developers.
The developer shall
pay one hundred percent (100%) of the construction cost of all sewers
including the design and construction of “approach mains,”
but excepting “service lines.”
(A)
The developer will also pay one hundred percent (100%) of the cost
of service lines to all lots to be served by a sewer located in the
street. Said service lines will be constructed at the same time as
a part of the same contract as all other sewers in the developer’s
addition. If the sewers are being constructed by city forces, the
service lines will be constructed by city forces at the time all other
sewers within the addition are constructed.
(B)
The director of engineering shall determine the size of the approach
main required to serve developer’s property and the actual size
to be constructed. Should the city elect to construct a main larger
than the developer’s required approach main, the developer will
not be charged for the additional upsizing.
(C)
The amount of developer’s payment shall be determined using
unit bid prices contained in the award contract.
(D)
All service lines shall be designed and constructed in accordance
with the wastewater master plan.
(8)
Required stub-out to adjacent properties.
All lateral
and sewer mains installed within a subdivision must extend to the
borders of the subdivision as required for future extensions of the
collecting system regardless of whether or not such extensions are
required for service within the subdivision.
(9)
Lift stations or separate treatment facilities.
The
provision for lift stations or separate treatment facilities will
not be permitted unless the cost of constructing such lift stations
or separate facilities is at least twenty percent (20%) less than
the costs of constructing an adequate outfall or approach sewer from
the existing system.
(10)
Connections.
No connection shall be made to any sanitary
sewerage system within the city which will permit the entrance of
surface water or waste of other than domestic sewage characteristics
without the specific authorization by the city council.
(11)
On-site wastewater disposal systems.
(A)
In cases where the director of engineering determines that extension
of and connection to the city’s sewer system is impractical
or not feasible, and where the director of engineering approves the
use of an on-site wastewater disposal systems, such on-site systems
shall provide adequate sewage disposal for all lots, tracts, parcels
and structures in the development that cannot be connected to the
city’s sewer system.
(B)
All on-site wastewater disposal systems shall be designed, permitted,
constructed, operated and maintained in compliance with all applicable
local, county and state regulations, and a permit for such system
shall be acquired prior to preliminary plat and construction plans
approvals.
(C)
On-site wastewater disposal facilities requiring soil absorption
systems may be prohibited where such systems will not function properly
in conditions of high ground water, flooding, unsuitable soil characteristics,
or other topographical or environmental issue.
(D)
Each lot, tract, parcel and structure that utilizes an on-site
wastewater disposal system shall have a minimum land area of at least
one (1) acre.
(E)
No portion of any on-site wastewater disposal system shall be
constructed within a minimum 150-foot radius around any water well
either on-site or on other properties.
(F)
In order to protect the public health, safety and welfare, an
existing on-site wastewater disposal system shall be upgraded, or
reconstructed if necessary, to comply with the city’s standards
by the owner, at the owner’s expense, if the operation of the
facility does not comply with government regulations or if it causes
objectionable odors, unsanitary conditions, pollution, etc.
(f)
Stormwater.
(1)
Adoption.
This ordinance is in compliance with the adopted
floodplain regulations ordinance and engineering design standards
ordinance of the city.
(2)
Purpose and scope.
The purpose of policies and design
standards set forth herein is to ensure adequate stormwater drainage
and flood control within the city. The policies and standards are
included in the most recent version of the City of Celina, Texas engineering
standards manual (“engineering standards”) and are intended
to protect public health and safety, to prevent property damage due
to flooding, to equitably distribute the cost of necessary drainage
improvements, and to minimize the maintenance cost of drainage facilities
constructed. Any development or improvement of property affecting
storm drainage and flood control in the city is subject to the provisions
of this ordinance.
(A)
The development of land shall consider all drainage elements normally
used in the engineering standards of design.
(B)
Evaluation of stormwater runoff characteristics shall consider development
conditions of the watershed as specified in the engineering standards.
(C)
Stormwater design shall evaluate flow rate, volume, and velocity
characteristics considering the maximum results from a design storm
as specified in the engineering standards.
(3)
Standard provisions for storm drainage.
All construction
for storm drainage in the development or improvement of real property
within the city shall conform to the requirements set forth in the
engineering standards.
(4)
Responsibility of owner or developer for storm drainage.
(A)
The owner or developer of property to be developed or used shall be responsible for all storm drainage flowing through or abutting such property. This responsibility includes the drainage directed to that property by prior development as well as the drainage naturally flowing through the property by reason of topography. It is the intent of this ordinance that provision be made for storm drainage in accordance with section 10.03.071(f)(2) [section 10.03.072] and the engineering standards, at such time as any property effected is proposed for development use.
(B)
Where the improvement or construction of a storm drainage facility
is required along a property line common to two (2) or more owners,
the owner hereafter proposing development or use of his property,
shall be responsible for the required improvements at the time of
development, including the dedication of all necessary right-of-way
or easements, to accommodate the improvements.
(C)
Where a property owner proposed development or use of only a portion of his property, provision for storm drainage in accordance with section 10.03.071(f)(2) [section 10.03.072] and the engineering standards, shall only be required in that portion of the property proposed for immediate development or use, except as construction or improvements of a drainage facility outside that designated portion of the property is deemed essential to the development or use of that designated portion.
(D)
The owner or owners shall dedicate to the city the required drainage
easements. Minimum easement requirements are set forth in the engineering
standards. Final determination of easement requirements shall be made
by the director of engineering.
(E)
In the event that an owner or developer desires to impound stormwater
by excavation, filling or construction of a dam within a property,
thereby creating a lake, pond, or lagoon as a part of the planned
development of that property, the following provisions shall apply:
(i)
An engineering plan for such construction, accompanied by complete
drainage design information, prepared by a registered professional
engineer, shall have been approved by the director of engineering;
(ii)
The owner or developer shall have agreed to retain under private
ownership the lake, pond, or lagoon constructed, and to assume full
responsibility for the protection of the general public from any health
or safety hazards related to the lake, pond, or lagoon constructed;
(iii)
The owner or developer shall have agreed to assume full responsibility
for the maintenance of the lake, pond, or lagoon constructed;
(iv)
The obligations herein shall run with the land and shall be
a continuing obligation of the owner or owners of such land;
(v)
The requirements of the Texas Water Code pertaining to impoundment
of surface water are complied with including the design, construction
and safety of the impounding structure;
(vi)
On any existing structure, the owner will furnish a study or
design prepared by a professional engineer for the city for approval.
(5)
Responsibility and participation of the city in storm drainage improvements.
(A)
The city may, in its sole discretion, participate in the cost of
such improvements as are required by this ordinance.
(B)
The city may, in its sole discretion, participate in any project
of improvements by the levy of a special assessment against the lands
to be enhanced in value by such improvements.
(C)
The city may acquire drainage easements necessary for such improvements
by acceptance of dedication, purchase, or condemnation.
(D)
The city may, upon acquisition of the drainage easement and the completion
of improvements as hereinabove provided, assume full responsibility
for the maintenance of such drainage facilities.
(6)
Engineering design.
The design of all storm drainage
facilities in the development or improvement of real property shall
be in accordance with the requirements set forth in the engineering
standards and the following requirements:
(A)
Storm sewer inlets shall be provided along paved streets at such
intervals as are necessary to limit the depth of flow according to
the requirements set forth in the engineering standards.
(B)
A closed storm sewer system shall generally be required to accommodate
a run-off exceeding the street capacity, as provided above and as
specified in the engineering standards. Design of open channel systems
in lieu of a closed system shall adhere to the requirements set forth
in the engineering standards.
(D)
Excavation, fill and grading operations within the city limits shall
be undertaken only after a proper permit has been obtained from the
city.
(7)
Easements.
Drainage easements shall be dedicated for
public drainage features in accordance with requirements of this ordinance
and the engineering standards.
(8)
Stormwater quality.
Designs for new development shall
manage stormwater in a manner that protects water quality by addressing
the development’s potential to cause erosion, pollution, siltation,
and sedimentation in the municipal separate storm sewer system (MS4)
and natural waterways. The goal is to maintain after development,
to the maximum extent practical, the predevelopment characteristics
in the waterway, which ultimately receives stormwater runoff from
the development. It is the developer’s responsibility to ensure
that designs for new development meet the stormwater management requirements
in the general permit for stormwater discharges associated with construction
activities (TXR150000) issued by the TCEQ and its successor agencies.
This permit includes the requirement for measures that will be installed
during construction to control pollutants in stormwater discharges
after construction operations have been completed.
(9)
Minimum finish floor elevations.
The director of engineering
may require minimum finish floor elevations (MFF) to provide flood
protection on certain lots contained within the subdivision. The MFFs
shall be shown on the plat. These elevations shall incorporate the
most current floodplain management criteria or other criteria as necessary
to avoid damages. The minimum finish floor elevation shall conform
with the requirements set forth in the floodplain ordinance and the
engineering standards. The following note or an amended version appropriate
to the specific plat shall be added to any plat upon which the director
of engineering requires the establishment of minimum finish floor
elevations:
“The city reserves the right to require minimum finish
floor elevations on any lot contained within this addition. The minimum
elevations shown are based on the most current information available
at the time the plat is filed and are subject to change.”
(10)
Off-site drainage.
When any proposed development requires
off-site grading where stormwater runoff has been collected or concentrated,
it shall not be permitted to drain onto adjacent property except in
existing creeks, channels, storm sewers or streets. In such a case,
a drainage easement shall be dedicated and shall be of a width sufficient
to comply with the criteria outlined in this ordinance and the engineering
standards.
(11)
Building or structure setback requirement.
Any building
or structure constructed, reconstructed, or relocated adjacent to
an open drainage channel shall conform to the set-back requirements
established in the engineering standards.
(12)
Construction over drainage facilities.
No building or
structure shall hereafter be constructed, reconstructed, or relocated
over or across any storm drainage facility, unless specifically approved
by the director of engineering and pursuant to the criteria established
in the engineering standards.
(13)
Stormwater storage.
Temporary storage of stormwater
on-site is allowable pursuant to the criteria established in the engineering
standards.
(g)
Preliminary stormwater management plan.
(1)
A preliminary stormwater management plan (SWMP) shall be prepared
for all developments in accordance with the engineering standards.
The purpose of the SWMP is to identify permanent water quality feature
opportunities for the development.
(2)
The preliminary SWMP shall be prepared in coordination with the preliminary
drainage plan on all projects where both are required. The preliminary
SWMP and the preliminary drainage plan may be shown on the same sheet.
(3)
The preliminary SWMP must comply with the standards and criteria
outlined in this ordinance, the engineering standards, and the floodplain
ordinance. The plan may satisfy the stormwater management portion
of the SWPPP that is required for construction activities; however,
the SWMP is not a substitution for the SWPPP. The city’s review
of the preliminary SWMP does not constitute acceptance of the final
SWMP or the final development plans.
(4)
The developer shall provide a preliminary SWMP for the area proposed
for development. For amended plats or plats with a previously accepted
preliminary SWMP, the accepted preliminary SWMP shall be enforced
unless a revised preliminary SWMP is required.
(5)
Electronic copies of the preliminary SWMP plan shall be submitted
with the submittal of a preliminary plat, replat, or minor plat for
review and acceptance. The plan shall be labeled as “preliminary.”
Upon acceptance of the plan, the plan shall be signed, sealed, and
dated by the engineer, or shall contain a statement showing the engineer’s
name and license number and affirming the plan was prepared under
the direction of the engineer and that the plan is preliminary. At
the discretion of the director of engineering, an earthwork permit
may be issued prior to the plat being filed so long as a floodplain
development permit, if necessary, and a SWPPP have been approved.
The developer takes the financial risk of grading the tract prior
to final approval of the plat and construction plans.
(h)
Preliminary drainage plan.
(1)
The director of engineering may require a hydrologic and hydraulic
analysis and reserves the right to review.
(2)
This plan shall show the watershed affecting the development and
how stormwater will be conveyed to, through, and from the development.
It must comply with the standards outlined in this ordinance and the
drainage design criteria found in the engineering standards. The preliminary
drainage plan is a guide for the detailed drainage design. The review
of the preliminary drainage plan does not constitute final drainage
plan approval or authorize a variance to this subdivision ordinance.
(3)
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. 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. The director of engineering 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. If the applicant
requests a variance in writing, a copy of any previous drainage plan
shall be provided.
(4)
At the request of the city, the property owner shall submit additional
studies, including but not limited to the following, as deemed appropriate
and necessary by the city, as part of the preliminary plat submittal
requirements. These studies shall be considered during review and
approval of the preliminary plat. For any study required by the city
that is outsourced to a third party, the cost of such study shall
be passed through to the developer or applicant.
(5)
Electronic copies of the preliminary drainage plan shall be submitted
with the submittal of a preliminary plat, replat, or minor plat for
review and acceptance. The plan shall be labeled as “preliminary.”
The plan shall be stamped and dated by the engineer and be accompanied
by a floodplain development application describing the hydrologic
and hydraulic impacts of the development and all associated supporting
data files.
(i)
Major creeks.
(1)
Definition.
Major creeks shall be defined by the most
recent “major creek” map maintained by the city and available
to developers upon request.
(2)
Major creek restrictions.
All major creeks shall be
maintained in an open natural condition. All major creeks are subject
to the requirements set forth in the engineering standards and the
additional following requirements for all types of development:
(A)
The 100-year floodplain and erosion hazard setback shall be dedicated on the final plat to the city as a single lot or shall be owned and maintained by an HOA or POA, pursuant to section 10.03.079(d), HOA requirements, of this ordinance.
(B)
At no time shall any portion of the 100-year floodplain encroach
upon any single-family or two-family residential lot.
(C)
The commission may waive any of these dedication requirements for
a replat that was originally platted prior to the adoption of this
subdivision ordinance.
(3)
Access.
Public access to parks and open space shall
be dedicated for maintenance purposes as required by the director
of engineering.
(j)
Floodplain development requirements.
(1)
100-year floodplain restrictions.
All development proposed
adjacent to or within the 100-year floodplain shall be in accordance
with this ordinance, the city’s floodplain ordinance, and the
engineering design standards. A floodplain development permit and
earthwork permit must be submitted and approved by the director of
engineering prior to any construction on the site.
(k)
Detention and compensatory flood storage facilities.
(1)
Intent.
The city encourages the use of detention basins
and compensatory flood storage areas for the benefits of the community
outlined below:
(A)
Control of flood discharges.
The intent of detention
basin and compensatory flood storage design shall be to reduce flood
discharges for the ultimate watershed development conditions without
increasing peak discharges above the peak discharges for undeveloped
watershed conditions. This storage method serves as a key strategy
of the stormwater management plan.
(B)
Environment.
As development occurs, there is a
loss of wildlife and bird life habitat. It is possible to create a
natural micro-environment around ponds and storage areas that can
offset this loss of habitat. These “natural” environmental
pockets in conjunction with natural open space areas can help maintain
the rural setting of the city. Detention ponds also benefit downstream
water quality by allowing the sedimentation of pollutants.
(C)
Recreation.
Detention basins and storage areas
offer many recreational opportunities in an urban setting; for example,
a normally dry detention basin could be used for athletic fields or
picnic areas, while the banks of a pond offer valuable park space.
(D)
Aesthetics.
As an integral part of the city, a
detention basin or flood storage area needs to blend into the landscape
and into the community. Measures such as gentle side slopes, planting
of trees and shrubs, and other landscaping features can transform
the detention facility into an attractive amenity for the neighborhood.
(2)
Requirements.
(A)
All detention and compensatory flood storage facilities shall be
designed and constructed according to the requirements set forth in
the engineering design standards.
(B)
Detailed engineering studies of the drainage basin according to the
requirements set forth in the engineering standards shall be required
to evaluate the timing of hydrographs from regional and on-site facilities,
as well as backwater calculations to determine the effect of the detention/retention
and flood storage facilities on upstream water surface elevations.
(C)
All detention and compensatory flood storage facility designs shall
be performed by a professional engineer registered in the state and
shall meet the requirements of permanent rule 31, Texas Administration
Code (TAC) chapter 299, and other requirements, as applicable.
(D)
Detention ponds shall have trees planted on the perimeter of the
facility at a rate of one large canopy tree for every fifty (50) linear
feet.
(E)
Detention ponds shall be designed in a manner to be an amenity to
the development by providing a gentle six-to-one (6:1) slope. Detention
“pits” with sheer exterior walls are prohibited for residential
subdivision designs. The director of engineering may provide a minor
modification to the slope requirements of a detention pond, such as
retention ponds with aerators.
(F)
Detention ponds may not be located in a landscape buffer area adjacent
to perimeter roadways.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Streets basic policy.
(1)
Street improvements.
In platting a new development,
the property owner shall provide additional right-of-way needed for
existing or future streets as required by the engineering design standards
and as shown on the thoroughfare plan (see table A, thoroughfare types
and standards [sic]).
(2)
Existing substandard streets.
(A)
When a proposed residential or nonresidential development abuts one
(1) or both sides of an existing substandard street, the developer
shall be required to improve the substandard street and its appurtenances
(such as curbs and gutters, sidewalks, barrier-free ramps, street
trees, etc.) to bring the same to city standards, or to replace it
with a standard city street, at no cost to the city other than as
may be provided in the city’s cost-sharing policies, including
any ordinances that are in effect at the time of final plat approval.
(B)
If the proposed development is located along only one (1) side of a substandard street, and if the city makes a determination that it is not feasible to improve the full width of said substandard street at that time the city may require the developer to pay into escrow, in accordance with section 10.03.044, development agreements, funds for the future improvement of the street as a condition of final plat approval for the development.
(C)
When a traffic impact analysis (TIA) is required or voluntarily submitted,
the findings determined shall not be imposed on the requirements,
alignment, rights-of-way, and number of lanes shown on the master
thoroughfare plan, as it exists or may be amended. The TIA may be
used to justify amendments to the thoroughfare plan, but in no case
shall dictate such amendments.
(3)
New perimeter streets.
(A)
When a proposed residential or nonresidential development is developed abutting an existing or planned major thoroughfare, minor thoroughfare or collector street as shown on the master thoroughfare plan, the developer shall construct a portion of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the city’s standards for that type of street (per the engineering design standards). If the director of engineering determines that it is not feasible to construct the abutting street and its appurtenances at the time of development, the city may require the developer to pay into escrow, in accordance with section 10.03.044, development agreements, funds for the future construction of the street as a condition of final plat approval for the development. The funds placed in escrow or the value of the lanes constructed shall be roughly proportional to the amount of traffic estimated to be generated by the development itself.
(B)
When a proposed residential or nonresidential development is constructed and has designed an unplanned perimeter street in order to provide access to the site and/or adjacent land, the developer shall construct a portion of the abutting street as described in section 10.03.073(a)(4), new internal streets, below, and under the same conditions.
(C)
Streets at the entrance to residential, multiple-family, and non-residential
developments shall have decorative pavers or stamped concrete to delineate
the entrance. Single family developments shall have a divided entrance
with the median being a common area lot to be owned and maintained
by the HOA. An entrance monument sign may be located on this lot.
(4)
New internal streets.
(A)
All new streets and their appurtenances internal to a proposed residential
or nonresidential development shall, at a minimum, be built to a width
and design that will adequately serve the development, and shall conform
to the city’s standards as described in the engineering design
standards. If oversizing of an internal street is deemed necessary
by the director of engineering for traffic safety or efficiency (such
as adjacent to a school or park site), then the city and/or the applicable
entity may participate in such oversizing costs as part of a development
agreement/facilities agreement with the developer.
(B)
Streets which temporarily dead end at power lines, railroads or similar rights-of-way shall be constructed for at least one-half (1/2) the distance across these rights-of-way, or provision shall be made to place the construction cost for said improvements in escrow with the city in accordance with section 10.03.044, development agreements.
(C)
When, in the judgment of the director of engineering, it is not feasible to construct an internal street or appurtenances at the time of development of the subdivision, the city may require the developer to pay into escrow funds for the future construction of the street or its appurtenances as a condition of final plat approval for the development, in accordance with section 10.03.044, development agreements.
(5)
Impact fees.
All fees due on the project shall be paid
in accordance with the city’s impact fee ordinance and/or executed
development agreement/facilities agreement.
(b)
Street design and appurtenances.
(1)
Application of requirements.
Street design requirements
are subject to the provisions included in the engineering design standards,
development agreements and planned development ordinance (if applicable
to the subject property) as well as the regulations contained within
this subdivision ordinance.
(2)
Conformity to the master thoroughfare plan.
The general
location of streets shall conform to the master thoroughfare plan.
For streets that are not shown on the master thoroughfare plan, such
as local residential streets, the arrangement of such streets shall:
(A)
Provide for the continuation or appropriate continuation of existing streets or street stubs from or into surrounding areas - refer to street stub requirements outlined in section 10.03.073(b)(10), stub streets, and connectivity requirements in section 10.03.073(b)(11), street connectivity;
(B)
Conform to any plan for the neighborhood approved or adopted by the
city to address a particular situation where topographical or other
conditions make continuance or conformity to existing streets impractical;
and
(C)
Not conflict with existing or proposed streets or driveway openings,
including those on the opposite side of an existing or planned thoroughfare,
as described within the engineering design standards.
(D)
New streets that intersect with divided arterials shall align to
the greatest extent possible with opposite streets such that median
openings can be shared.
(3)
Relation to adjoining street system.
The proposed street
system shall extend all existing major and minor arterials and such
existing collector and local streets as may be necessary for convenience
of traffic circulation and emergency ingress and egress.
(4)
Maximum street length.
No street shall be more than
1,000 feet in length without an intersection with another street which
will provide some degree of flexibility in traffic patterns and public
convenience.
(A)
See the engineering design standards for specific design requirements.
(B)
In certain circumstances, the city may consider minor exemptions
to the maximum street lengths if sought by the applicant. These circumstances
include, but are not limited to:
(i)
Rerouting of streets;
(ii)
Decreasing the lot count by five percent (5%) or more from the
previously approved preliminary plat or final plat; or
(iii)
Approval by the planning and zoning commission through a subdivision
ordinance variance. Any variance approved by the planning and zoning
commission shall include the curvilinear requirement and street calming
methods, described below.
(5)
Curvilinear requirement.
When a residential street length
exceeds 500 feet but is less than 1,000 feet in length, the design
of the street shall include a curve of between 100 to 200 feet radius
for a length equal to the curve radius.
(6)
Additional street calming methods.
When a residential
street length exceeds 500 feet but is less than 1,000 feet in length,
one or more of the following street calming methods shall be incorporated
into the design in addition to the curvilinear requirement (above)
in order to reduce traffic velocity and increase safety to pedestrians
and cyclists, subject to the review and approval of the director of
engineering:
(A)
Street width narrowing with landscaped islands placed approximately
every 400 feet;
(B)
Roundabouts placed approximately in the center of the street length
or near a major entrance to the development; and/or
(C)
Landscaped medians that include pedestrian crossing oases included
for a minimum of one-third (1/3) of the street length.
(D)
Speed humps/bumps are prohibited from being installed in alleys,
private aisles, and any fire lanes, unless approved in writing by
the director of engineering.
(7)
Street widths and rights-of-way.
Street widths and related
rights-of-way shall be designed in accordance with the following:
(8)
Street names, street name signs, and traffic-control signs.
(A)
Street names.
New streets shall be named so as
to provide naming continuity with existing streets, and so as to prevent
conflict or “sound-alike” confusion with similar street
names. All street names shall be approved by the director of development
services prior to any plat approval, and prior to approval of the
construction plans and should comply with the city’s approved
street name policy, as it exists or may be amended.
(B)
Cost of signs.
The cost of street name signs and
traffic-control signs shall be paid for and installed by the developer.
(C)
City standards.
All street name signs and traffic-control
signs shall conform to the city’s details for street name sign
design and the latest edition of the Texas “Manual of Uniform
Traffic-Control Devices” (TMUTCD).
(9)
Traffic studies.
The director of engineering may require
a traffic impact analysis (TIA) or other type of engineering study
from the developer prior to any approval for plats or construction
plans to ascertain technical data pertaining to the potential traffic
impact of the proposed development on the city’s street system.
For any study required by the city that is outsourced to a third party,
the cost of such study shall be passed through to the developer or
applicant.
(10)
Stub streets.
(A)
See the engineering design standards for all design requirements.
(B)
Future connections are required to adjacent vacant properties
at locations as approved by the director of development services and
the director of engineering.
(C)
When a residential development is constructed in phases requiring
a temporary stubbed street, a paved temporary turnaround shall be
provided for maneuvering by emergency equipment.
(D)
A note shall be clearly placed on the final plat indicating
that the stub street will be extended with future development (see
requirements for temporary turnarounds in the engineering design standards).
(E)
All stub streets shall have barricades that meet TMUTCD standards.
(F)
All stub streets shall have a sign prominently posted at the
terminus of the street to indicate no through traffic and that the
street will be extended in the future.
(11)
Connectivity.
(A)
New residential developments shall provide street connections
to adjacent developments, as determined by the director of development
services, allowing access between developments for neighborhood traffic
and to enhance pedestrian and bicycle connectivity as recommended
in the comprehensive plan.
(B)
Residential developments shall not have direct vehicular access
to adjacent commercial or retail developments. Pedestrian and/or bicycle
access may be provided, as approved by the director of development
services.
(C)
Commercial developments shall provide off-street connections
to other businesses through mutual access easements and shared access
drives to thoroughfares.
(c)
Street lighting.
(1)
Street lighting required.
(A)
Street lighting shall be provided by the developer along all streets
and thoroughfares in accordance with the engineering design standards.
Perimeter sidewalks, site entrances, and other public areas and parking
lots shall be adequately illuminated (minimum average of 3 footcandle
visibility).
(B)
The developer is responsible for the installation of street lighting
and they shall be installed to city standards prior to the city accepting
responsibility for the future provision of electricity to the street
lights.
(C)
The director of engineering shall be the responsible official for decisions related to street lighting, and may authorize a minor variance to these regulations, in accordance with section 10.03.086, variances, for a street lighting requirement if such variance will not compromise public health, safety, security and convenience.
(2)
New subdivisions.
New subdivisions are required to prepare
and submit a street lighting plan. This plan is reviewed by staff
to ensure conformance with current street lighting policies. Financial
responsibility for purchase of lighting equipment and construction
is the responsibility of the developer. In the city, power is provided
franchise utility companies. Upon completion of the street light system,
the appropriate power server will be the owner and maintenance provider
of the street light equipment and the city will become responsible
for the monthly electrical and maintenance expenses.
(3)
Street lighting placement.
Street lighting shall be
chosen and installed according to the engineering design standards.
(4)
Subdivisions with existing street lighting.
(A)
Residents or a homeowners association (HOA) of a subdivision with
existing street lighting may request additional light or lights by
completing a petition and request for additional street lighting form.
The petition must be signed by adjacent property owners of each proposed
light location and by at least eighty percent (80%) of the overall
property owners within 300 feet in each direction of the proposed
light location.
(B)
Upon receipt of the petition and request form, city staff will contact
the appropriate power provider to prepare an estimate of the cost
to install the requested lighting. Additionally, the provider will
be requested to provide information about necessary easements for
light pole and other facilities required for installation.
(C)
The HOA or residents requesting the additional street light shall
be responsible for obtaining all required signatures for easements
and shall be financially responsible for all costs to purchase and
install additional lighting.
(D)
Upon receipt of executed easement documents and deposit of funds
with the city based on the installation estimate, the city will issue
a request to the electric provider for installation.
(E)
Following installation and acceptance of the lighting facilities,
the city will pay for all future electrical charges, repair and maintenance.
(5)
Subdivisions without existing street lighting.
(A)
Residents of subdivisions without existing street lighting or infrastructure
required to support street lighting should submit a petition for street
lighting form to the department of development services (form available
online).
(B)
Upon receipt of the petition, city staff will contact the appropriate
power provider to prepare an estimate of the cost to install the requested
lighting. Additionally, the provider will be requested to provide
information about necessary easements for light pole and other facilities
required for installation.
(C)
The petition and request form will be presented to the city council
during the budgeting process. At this time council will determine
if the city will participate in the funding to complete the lighting
request or establish assessments to the property owners for the cost
to construct the requested lighting system.
(d)
Private streets.
(1)
Private streets.
Private streets within the city and/or
the ETJ may be allowed in accordance with the zoning ordinance. Private
streets shall be designed and constructed to the same standards as
for public streets, in accordance with the engineering design standards.
(2)
City council action required.
Dedicated streets and
rights-of-way shall not be designated or used as private streets and
such use is prohibited, except where specific approval is given by
action of the city council for properties within the city’s
extraterritorial jurisdiction and upon approval of a specific use
permit for properties within the city limits. The city council may
add any conditions as deemed appropriate as part of the approval of
a private street development.
(3)
Private street development.
(A)
Private street developments are subject to provisions of the master
thoroughfare plan and the subdivision ordinance, as it exists or may
be amended. Private street developments shall only be permitted by
the approval of a specific use permit or through a planned development
district. Private street developments shall be restricted to an area
that is surrounded on at least three (3) sides, and in any event no
less than approximately seventy-five percent (75%) of the perimeter,
by natural barriers or similar physical barriers created by man. Examples
of natural barriers would be creeks and floodplains. Examples of similar
barriers created by man would be a golf course, school location, park,
railroad tracks or a limited access roadway. Non-qualifying man-made
barriers include screening walls, local roadways, man-made drainage
ditches, detention ponds, landscape easements, earthen berms, utility
easements and rights-of-way. Private street developments may not cross
an existing or proposed thoroughfare as shown on the city’s
adopted master thoroughfare plan nor shall a private street development
disrupt an existing or proposed hike-and-bike route.
(B)
Private street HOA fund.
A developer requesting
private streets must show that adequate funds will be set aside and
held in reserve for private street maintenance and replacement costs
by the associated homeowners association (HOA).
(4)
Connectivity.
The comprehensive plan calls for all plans
for development in the city to include a high degree of connectivity
within developments and between one development and another. Any proposed
private street development adjacent to an existing public street subdivision
that can be reasonably connected, including by constructing a bridge
or culvert, for example, should not be approved as a private street
development. The two adjacent subdivisions should allow cross connectivity
using public streets. This is especially important when one of the
two adjacent subdivisions has a school site within the development
that will be accessed by both developments.
(5)
Criteria for approval for private streets in new developments.
Private street developments within the city may be considered
through the specific use permit (SUP) process or through a planned
development district. The planning and zoning commission and city
council shall use any of the following criteria:
(A)
Non-disruption of planned public roadways or facilities/projects
(thoroughfares, parks, park trails, public pedestrian pathways, etc.);
(B)
Non-disruption to and from properties of future developments either
on-site or off-site to the proposed subdivision;
(C)
No negative effect on traffic circulation on nearby public streets;
(D)
Not less than one hundred (100) feet of street frontage on which
to locate the main entrance gate;
(E)
No more than two (2) gated street entrances, subject to approval
by the director of engineering, may face the same thoroughfare;
(F)
No impairment of access to and from public facilities including schools
or public parks;
(G)
No impairment of the adequate and timely provision of essential municipal
services (emergency services, water/sewer improvements or maintenance,
etc.);
(H)
The main entrance to the private street development shall have adequate
throat depth to provide for residents, their guests and any accidental
access and have an escape aisle for those vehicles not admitted into
the subdivision,
(I)
Existence of natural and/or qualifying man-made boundaries around
seventy-five percent (75%) of the development; and/or
(J)
Absence of a concentration of private street developments in the
vicinity of the requested private street development.
(6)
Conversion of public streets to private streets.
The
criteria for converting existing public streets to private streets
includes all the criteria, issues and procedures involved with new
developments, listed above, plus:
(A)
Submittal of a petition signed by one hundred percent (100%) of the
owners in the existing subdivision requesting conversion to private
streets;
(B)
Existence of a property owners’ association that would be responsible
for owning and maintaining the converted streets and rights-of-way;
(C)
Applicants must agree to contract with the city for the purchase
of the installed infrastructure and rights-of-way from the city at
fair market appraised value for cash in full payment, and agree to
maintain the infrastructure and rights-of-way at city standards thereafter
prior to the approval of the specific use permit;
(D)
All documents are subject to the review and approval of the city
attorney; and/or
(E)
Subsequent to the approval of the private street designation, the
entire subdivision affected shall be re-platted to reflect the right-of-way
ownership changes.
(7)
Conversion of private streets to public streets.
The
city may, but is in no way obligated to, accept private streets for
public access and maintenance. Requests to convert private streets
to public streets shall be subject to all of the following provisions:
(A)
The homeowners’ association (HOA) shall submit a petition signed
by at least sixty-seven percent (67%) of its members/lot owners (or
a greater number of signatures, if required by the HOA documents or
declarations).
(B)
All of the infrastructure shall be in a condition that is acceptable
to the director of engineering.
(C)
All security stations and other structures not consistent with a
public street development shall be removed by the HOA, at its cost,
prior to acceptance of the streets and appurtenances by the city.
(D)
All monies in the reserve fund for private street maintenance shall
be delivered to the city. Money in the reserve fund in excess of what
is needed to bring the streets and appurtenances up to city standards
will be refunded to the HOA. Private street developments that exist
as of the adoption of this ordinance are not required to deliver a
reserve fund balance to the city.
(E)
The HOA shall prepare and submit a replat to development services
for review. Upon approval, the HOA shall file the replat to dedicate
the streets and appurtenances to the city.
(F)
The HOA shall modify and re-file, at its cost, the HOA documents
to remove requirements specific to private street developments. The
city attorney shall review the modified HOA documents prior to their
filing. The HOA shall be responsible for the cost of review by the
city attorney.
(e)
Alleys.
(1)
When alleys are optional.
Alleys are optional for all
single-family residential lots that are equal to or greater than sixty
(60) feet in width at the front building line.
(2)
When alleys are required.
Alleys are required for single-family
residential lots that are less than sixty (60) feet in width at the
front building line. When so utilized, alleys shall be constructed
according to design criteria in the engineering design standards.
(3)
Alleys required for single-family attached residences.
Alleys are required for all duplex (two-family residences) and townhomes.
(4)
Alley design.
Permanent dead end and “hammerhead”
alleys are prohibited. All alleys shall have adequate turnouts and
street entrances such that vehicular traffic flow is continuous and
efficient. Where a temporary dead end alley situation is unavoidable
(such as due to project phasing), a temporary, paved turnaround bulb
or turnout onto a street, either of which will require a temporary
alley easement, shall be shown on the plat.
(5)
Street access when alleys are present.
No driveway shall
access a street when an alley is available unless specifically allowed
in writing by the director of engineering.
(f)
Mews streets.
(1)
Definition.
A mews street is a grassy, landscaped area
on which houses or housing units may face in lieu of facing a paved
street.
(2)
Minimum width of mews.
The common area of the mews shall
be a minimum of forty (40) feet in width.
(3)
Fire and emergency access.
Since fire and other emergency
vehicles must access the homes from the alley, the alley shall be
a minimum of twenty-four (24) feet in width within a thirty (30) foot
right-of-way.
(A)
The mews alley shall be striped as a fire lane.
(B)
Fire hydrants shall be placed in the alley and spaced as they would
on any similar residential street.
(C)
No parking is allowed within the fire lane.
(D)
A rear door to the home shall be provided that is a minimum of thirty-six
(36) inches wide and is not through the garage. This door shall have
a doorbell or means to alert the occupant.
(4)
Maximum mews length.
The maximum mews length is 500
feet. Minor modifications may be considered by the fire department
and director of engineering.
(5)
Garage set-back.
Garages shall be set back either a
minimum of twenty (20) feet to allow tandem parking or a maximum of
three (3) feet where no parking, tandem or parallel, is allowed.
(6)
Trash receptacles.
Trash receptacles shall be placed
on a concrete pad that is outside the limits of the fire lane.
(7)
Parking.
Additional parking for visitors and delivery
trucks shall be provided at the terminus of the mews street.
(8)
Vehicle access.
Dead-ended mews streets and alleys are
prohibited.
(9)
Sidewalks.
Sidewalks within the mews street shall be
a minimum of six (6) feet in width if located at or near the center
of the mews or a minimum of five (5) feet if two sidewalks are provided
on each side of the mews.
(10)
Side yards.
No side yard shall be paved.
(11)
Signage.
Wayfinding signs that include address numbers
shall be provided at the end of the mews to direct pedestrians to
the houses facing the mews.
(12)
Addressing.
Individual house or unit addressing shall
be provided at the entrance to the mews, with an additional street
number and street name sign on each house or unit’s rear and
side facade. Addresses shall be posted on the building prominently.
Both wayfaring signs and individual house numbers shall be illuminated
for nighttime viewing. All such signage is subject to the discretionary
review and approval by the fire department.
(Ordinance 2020-95 adopted 10/13/20)
Sidewalks are required adjacent to all public streets, shall be provided according to the regulations in the engineering design standards, and shall stub out to the adjacent property. No meter valves or drainage inlets may encroach into sidewalks. Bicycle and pedestrian trails shall be a minimum of twelve (12) feet in width and be constructed of an improved surface. Any portion of a sidewalk or trail located on private property shall be shown on the filed plat. Trails and sidewalks shall comply with any city adopted parks or trail plans. Sidewalks perpendicular to and in front of head-in parking shall be a minimum six (6) feet in width to accommodate the over-hang of vehicles. Sidewalks in front of buildings shall be a minimum 10' in width. Any trails near a cul-de-sac or other sidewalk shall provide a connection, including any barrier-free-ramp that may be needed. See also section 10.03.084, hike-and-bike trail requirements.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Driveways, generally.
All driveway approaches, curbs,
gutters, pavements and appurtenances necessary to provide access to
properties shall be provided by the developer, shall be designed,
constructed and maintained in accordance with standards in the city’s
engineering design standards, zoning ordinance, and planned development
ordinance (if applicable to the subject property).
(b)
Driveways, residential.
(1)
Residential driveway widths and curb cuts shall not be wider than
the combined width of the garage door or doors, or the edge of house
on driveway past the garage door. In certain large lot cases, additional
pad sites may be allowed for vehicle parking, at the discretion of
the director.
(2)
Residential tracts smaller than 1/4 acre in size may have only one
drive per lot.
(c)
Fire lanes.
Fire lanes are to be designed in accordance
with the city’s adopted fire code and engineering design standards.
Fire lane easements shall be shown on the site plan (see the zoning
ordinance) and on any conveyance plat, preliminary plat, or final
plat, and shall be maintained to the city’s standards by the
property owner. For safety and emergency accessibility reasons during
construction, developments other than single-family detached or two-family
residential subdivisions shall not be allowed to proceed with vertical
structural construction above the foundation prior to:
(d)
Retaining walls.
Any retaining wall over four (4) feet
in height requires engineered plans. Contractors shall incorporate
a form liner or add a brick or stone facade. Plain concrete retaining
walls are prohibited.
(e)
Cross access and access easements.
Vehicular cross access
(including the access easement) shall be provided. For safety, emergency
response purposes, improved value for all tracts, and increased connectivity,
cross access between adjacent (single family, non-residential, and
multifamily) parcels is required, as determined by staff. Properties
that abut an undeveloped tract shall provide a paved stub-out for
future connections, including the access easement. Adjacent properties
shall be provided cross access, unless the director of development
services or the director of engineering provides a minor modification
for a challenging geographical feature (e.g. creek) or for when a
single family neighborhood is adjacent to a multifamily or non-residential
parcel. All other instances require cross access, including the access
easement. Pedestrian cross access is required in all instances, even
single family adjacency, except for when a minor modification is provided
by the director for a geographic frustration. Life connected is the
guiding principle.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Median landscaping improvements required.
Landscaping
improvements shall be installed within the medians of all proposed
or planned or divided roadways within the city limits as shown on
the city master thoroughfare plan. Frontage is wherever a property
abuts the right-of-way of the divided thoroughfare, and separate frontages
exist on each side of the thoroughfare.
(1)
Developer obligation.
The subdivider or developer shall
be fully responsible for the construction and installation of the
required landscaping and maintenance of the improvements for a period
of one year. During the first year following installation, the subdivider
or developer shall replace any tree, shrub, sod, groundcover or hardscape
in substandard condition. Following the first year, the director of
engineering shall inspect the installation and determine what, if
any, plant materials and/or hardscape must be replaced prior to the
city taking over maintenance.
(2)
Installation or deferment.
In the event that the director of engineering, in his sole discretion, determines that the installation of improvements at any given time period is impractical due to further road construction or other factors, the subdivider or developer shall pay a fee-in-lieu into an escrow account for future median landscaping and/or maintenance. This fee-in-lieu of installation is collected once from each frontage and described more fully in section 10.03.075(d) [section 10.03.076(e)].
(3)
City participation.
At the discretion of the director
of engineering, the subdivider may install the median landscaping
across the full width of the median, and be reimbursed by the city
for the landscaping provided for the second frontage at the per linear
foot of frontage rate or the actual cost of the improvements, whichever
is less, if funds are available.
(4)
Plan design burden/escrowed cost.
In the case where undeveloped land exists on both sides of a divided public street, the first to develop shall carry the burden of submitting plans for landscaping, hardscape and irrigation of the median, along with escrowing the fee-in-lieu, as described in section 10.03.075(d) [section 10.03.076(e)]. At the discretion of the director of engineering, the city or county may contribute to this escrow account in order to facilitate the implementation of the landscape plan.
(5)
Installation burden.
If the city declines to participate
in the immediate landscaping of the median in question, the second
to develop will utilize the approved plans (or modify the approved
plans with city approval of the modifications) and shall be responsible
for the purchase and installation of the median improvements, using
the escrowed account from the first developer and shall contribute
an equal amount to the overall cost of the median landscaping. In
the event that the original escrow amount has fallen short of current
material and/or installation costs, the city will make up the difference
in cost or the plans shall be modified to be installed within the
cost allotted. Any surplus funds shall be placed in the city’s
landscape maintenance account.
(6)
Design.
The median design shall be approved by the director
of engineering and the city may elect to create the design for the
landscaped median in house.
(b)
Minimum requirements for median landscaping.
(1)
Only developments or subdivisions abutting or adjacent to a divided
roadway, as defined in the master thoroughfare plan, shall be subject
to this section.
(2)
All trees and plant materials shall be chosen from the city’s
approved plant list;
(3)
One small ornamental tree per forty (40) linear feet of median. Ornamental
trees shall be a minimum two-inch (2") caliper and eight feet (8')
in height at time of planting and shall be used primarily as accent
trees near the median nose and dispersed within the canopy trees;
(4)
One large canopy tree per forty (40) linear feet of median, with
a minimum of four-inch (4") caliper trunk, and a well-formed canopy
that is typical of the species. Canopy trees shall be planted no closer
than thirty (30) feet from streetlights located in the median, no
closer than twenty (20) feet to an intersection, and no closer than
fifteen (15) feet from any overhead electrical line;
(5)
Ornamental and canopy trees need not be evenly spaced and may be
clustered for a more pleasing aesthetic effect, so long as shade is
provided to all pedestrian areas;
(6)
A minimum of twenty percent (20%) of the landscaped area shall be
planted in evergreen shrubs, ground cover and/or native grasses;
(7)
Planting beds shall be separated from turf grass using 14-gauge steel
edging to define ground cover beds and reduce weed incursion;
(8)
Irrigation installation shall include bubblers or drip irrigation
for all canopy and ornamental trees and irrigation to uniformly water
the planting beds and shall be equipped with rain-freeze sensors;
and
(9)
Landscape and installation plans shall be subject to review and approval
by the director of development services and the director of engineering.
The location and placement of landscaping shall conform to the city
street design standards and shall be placed to accommodate the ultimate
number of traffic lanes, although shrubs, native grasses and ornamental
trees may be placed in future traffic lanes if it is determined that
these lanes will likely not be constructed in less than ten (10) years.
(c)
Roadway landscape easements or buffers.
Roadway landscape
easements/buffers are defined as open, landscaped areas between the
property line (right-of-way) and any built structure (vertical or
horizontal) on a lot. The roadway parkway is the portion of right-of-way
that is typically sodded and kept clear of trees or deep-rooted shrubs
since this is often the location of underground or above-ground infrastructure,
such as water and sewer lines and electrical wiring, respectively.
In some cases, underground utilities will be placed entirely or in
part within the landscape easement/buffer and therefore this easement/buffer
shall be shown on the associated plat. The following easement standards
apply unless a more stringent standard applies due to the lot being
located in an overlay district.
(1)
Minimum width of landscape easements along roadways.
(A)
Adjacent to all six-lane divided streets and limited access roadway
service roads, as shown on the thoroughfare plan, the landscape easement
shall be a minimum forty (40) feet wide.
(B)
Adjacent to all four-lane divided streets, as shown on the thoroughfare
plan, the landscape easement shall be a minimum of thirty (30) feet
wide.
(C)
Adjacent to all other streets called out on the thoroughfare plan,
the landscape easement shall be a minimum twenty (20) feet wide.
(D)
Adjacent to residential streets and other streets not called out
on the thoroughfare plan, the landscape easement shall be a minimum
of ten (10) feet wide.
(2)
Setbacks.
The following setbacks apply based on zoning
district adjacency:
(A)
Adjacent to single-family district (either attached or detached districts).
(i)
Any non-residential building that is one (1) or two (2) stories
in height shall be setback from the single-family district property
line a minimum of forty (40) feet.
(ii)
Any non-residential building that is three (3) stories in height
shall be setback from the single-family district property line a minimum
of sixty (60) feet.
(iii)
Any non-residential building that is four (4) stories in height
or greater shall be setback from the single-family district property
line a minimum of one hundred (100) feet.
(iv)
Parking and/or drive aisles may be located within these setbacks.
(B)
Adjacent to any district other than single-family district. When
a non-residential building is adjacent to a similar land use, the
setbacks shall be the minimum allowed by the adopted building codes
and fire codes.
(3)
Intent and application of the ordinance.
When circumstances
exist that may restrict the ability of an applicant to comply with
the precise minimum widths referenced above, the director may allow
some flexibility so long as the overall intent of the ordinance is
met.
(4)
Landscaping and screening within easements or buffers.
Street trees, native grasses, sod, and shrubs may be planted within
the landscape easement, avoiding conflicts with any utility service,
as shown on the approved site plan or concept plan.
(5)
Signs located within easements or buffers.
Any applicant
who places a monument sign within a landscape easement that may also
be the location of underground or above ground infrastructure shall
be required to allow the city and/or utility company access the facilities
located beneath or above the monument sign and must sign an agreement
authorizing the city and/or utility company to carry out needed repairs
or replacement with no obligation to rebuild or compensate the owner/applicant
for the removal, repair, or loss of the sign.
(d)
Minimum requirements for landscaping within roadway landscape easements.
(1)
Landscape easements shall be made up of an attractive mix of sod,
native grasses, berms, and trees between the right-of-way and the
screening wall.
(2)
All trees and plant materials shall be chosen from the city’s
approved plant list.
(3)
One large, canopy tree per forty (40) linear feet of street frontage,
with a minimum of three-inch (3") caliper trunk, and a well-formed
canopy that is typical of the species.
(4)
One small, ornamental tree per forty (40) linear feet of street frontage.
Ornamental trees shall be a minimum two-inch (2") caliper and eight
feet (8') in height at time of planting and shall be used primarily
as accent trees dispersed within the canopy trees.
(5)
Ornamental and canopy trees need not be evenly spaced and may be
clustered for a more pleasing aesthetic effect within the landscape
easement or buffer.
(6)
A minimum of twenty percent (20%) of the landscaped area shall be
planted in evergreen shrubs, ground cover, and/or native grasses.
Along all vehicular use areas shall be a continuous row of evergreen
shrubs.
(7)
Planting beds shall be separated from turf grass using 14-gauge steel
edging to define ground cover beds and reduce weed incursion.
(8)
Irrigation installation shall include bubblers or drip irrigation
for all canopy and ornamental trees and irrigation to uniformly disperse
water over the planting beds and shall be equipped with rain-freeze
sensors.
(9)
No drainage retention or detention for the property shall be placed
in the landscape easement.
(10)
Landscape and installation plans shall be subject to review and approval
by the director of development services and the director of engineering.
The location and placement of landscaping shall conform to the city
street design standards and shall be placed to accommodate the ultimate
number of traffic lanes, although shrubs, native grasses and ornamental
trees may be placed in future traffic lanes if it is determined that
these lanes will likely not be constructed in less than ten (10) years.
(11)
At corner intersections, a subdivision entrance sign is required
for branding.
(e)
Fee-in-lieu.
Should the director of engineering, at
his sole discretion, determine that the immediate installation of
median or roadway easement landscaping is impractical; a fee-in-lieu
of installation shall be collected and placed in escrow at the rate
listed in the current fee schedule. The fee-in-lieu shall be collected
prior to plat filing. Said fees-in-lieu of installation shall be applied
to construction, reconstruction, upgrading, and installation of median
landscaping of divided roadways within the adjacent median landscape
areas and any roadway easement or landscape buffers.
(f)
Refund of fees.
Any fees not expended within ten (10)
years of collection shall be returned to the developer or subdivider
who deposited the fees with the city. The time period for the expenditure
of fees escrowed with the city for the construction of median landscaping
shall not begin to run until such time as the roadway medians have
been constructed on such divided roadways, the roadway medians have
been accepted by the city, and the roadway medians are ready for standard
median landscaping and irrigation. Notwithstanding the provisions
of this subsection, the city shall not be required to return fees
that have not been expended if roadway medians have not been constructed
on divided roadways within the adjacent roadway benefit area thus
preventing the purchasing, planting, growing and/or irrigation of
the required standard median landscaping and irrigation.
(g)
Screening requirements.
(1)
Screening adjacent to roadways.
(A)
Single-family residential land uses adjacent to roadways shall install
a solid masonry screening wall that is a minimum six (6) foot high
and maximum eight (8) foot.
(B)
Maintenance easement.
A three (3) foot wide maintenance
easement shall be provided on any boundary line where a required screening
wall or devise may be installed currently or in the future, to allow
access for repairs or replacement.
(C)
Residential fences adjacent to streets.
All wood
residential fences that face a street must be minimum of six (6) feet
in height and constructed of cedar board-on-board with a decorative
cap and support poles facing the inside of the lot. Residential fences
that only face the interior of the lot are not required to be board-on-board
construction.
(D)
Conflict of fences.
No parallel, adjacent fencing
(i.e. back-to-back fencing) is allowed, nor is the creation of a “maintenance
gap” between two fencing devices. When a non-residential use
is proposed adjacent to an existing residential wooden fence, the
wooden fence shall be removed and the masonry screening wall becomes
the mutual boundary line between the properties.
(E)
When single-family residential land uses are adjacent to perimeter
roadways that are not part of the master thoroughfare plan, then a
20' wide landscape buffer applies, and enhanced wooden fencing (6'
tall cedar, board-on-board fence with a decorative cap, with metal
posts on the inside, with periodic masonry columns; all to be maintained
by the HOA) may be installed in lieu of the masonry wall. In this
instance, evergreen shrubs shall be planted along the enhanced wooden
fence in addition to the standard landscaping already required.
(F)
The neighborhood vision book allows for additional options such as
decorative metal fencing (with masonry columns and associated landscaping)
in lieu of the masonry wall along open spaces, floodplains, cul-de-sacs,
and U-shaped streets.
(2)
Screening between land uses.
(A)
Non-residential and multiple-family uses adjacent to single
family detached zoning districts or uses.
(i)
A solid masonry screening wall is required, minimum eight (8)
feet in height, along the property line.
(ii)
In some cases, at the director’s discretion, a decorative
iron or wrought iron screening walls may be allowed in lieu of a solid
masonry screening wall. This decorative iron or wrought iron screening
shall have regularly spaced masonry columns, along with medium-sized
evergreen plants that will grow to a minimum height of six (6) feet
within two (2) years of planting.
(iii)
In some cases, at the director’s discretion, enhanced
wooden fences constructed of cedar board-on-board with a decorative
cap, and support poles facing the inside of the lot may be allowed.
(iv)
In some cases due to topography or other natural land features,
at the director’s discretion, industrial quality metal fencing
or welded wire fence panels may be allowed, such as DesignMaster®
fencing products.
(B)
Non-residential uses (including multifamily) adjacent to other
similar non-residential zoning districts or uses (including multifamily).
No screening wall is required. Perimeter fencing, gates across
drive aisles or fire lanes, and other similar devices are not allowed
for non-residential or multifamily uses. The city believes in “life
connected,” which in this instance means fewer barriers, more
openness, and more freedom of movement. The director of development
services may provide a minor modification to this (e.g. industrial
use).
(C)
Uniformity.
Each development shall have a uniform
screening wall in terms of materials and height, subject to approval
by the director during the site plan process.
(D)
Maintenance easement.
A three (3) foot wide maintenance
easement shall be provided on any boundary line where a required screening
wall or devise may be installed currently or in the future, to allow
access for repairs or replacement.
(E)
Generally speaking, decorative columns should be spaced every 100
linear feet (and at transitions) for masonry walls, decorative metal
fences, and enhanced wooden fences for all land uses and situations
within the screening section. Staff may provide minor modifications
to this.
(3)
Site elements required to be screened.
The following
site elements shall be screened from the public view:
(A)
Mechanical and utility equipment.
(B)
Utility substations and tower facilities.
For
electric substations, sewer pump stations, communication towers, generator
plants, or any other freestanding utility facility, the above ground
mechanical equipment shall be screened to mitigate its negative visual
impact and safely secure the site. The screening device shall be scaled
accordingly to the height, size, scope, and area of the proposed facility,
to be no less than six (6) feet in height and might be up to twelve
(12) feet in height, subject to discretionary review and approval
by the director. Generally, masonry screening walls are required with
the allowance for decorative metal in limited application for visibility,
ventilation, and access points. Larger facilities shall also provide
large evergreen screening trees every twenty (20) feet on center.
Concrete vehicle access shall be provided, in addition to associated
easements necessary for development. Any associated utility lines
shall be buried, with the exception of regional transmission lines.
(C)
Trash and recycling enclosures.
Screening enclosures
shall consist of a solid masonry wall or architectural element of
the building that is a minimum six (6) feet in height with a solid
metal gate (primed and painted) that is to remain closed at all times
other than servicing.
(4)
Screening adjacent to open space, creeks, or other view corridors.
Notwithstanding the obligation of a developer to construct a
solid masonry screening wall surrounding the property, when portions
of that property are adjacent to a dedicated open space, natural land
feature such as a creek, or other notable views such as a golf course,
the screening shall be decorative iron with regularly spaced masonry
columns or industrial quality metal fencing or welded wire fence panels,
such as DesignMaster® fencing products, with director approval.
(5)
Prohibited screening elements.
No screening wall visible
from a public street shall be:
(A)
Screening walls shall not be located within any required visibility
triangle;
(B)
Screening walls shall not be constructed with any of the following
materials: Surface painted or coated concrete, chain-link, concertina
wire, barbed wire, corrugated metal, or fiberglass panels.
(C)
In no case shall a screening wall be placed parallel and in the immediate
vicinity of an existing residential fence causing a close back-to-back
fence arrangement. When a residential fence exists at the time of
commercial development, the required masonry screening wall shall
replace the residential fence, with access easements provided for
maintenance to be shown on the associated plat.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Zoning compliance.
All lots shall conform to the zoning
district requirements, unless located in the ETJ in which they shall
comply with any interlocal agreements between the city and Denton
or Collin County.
(b)
Residential lots adjacent to drainage areas.
Lots shall be exclusive of any portion of a natural drainage area (i.e., major creek, stream, tributary, etc.), maintenance access, and/or erosion hazard setback, as defined in section 10.03.102, definitions. Retaining walls may be allowed on lots adjacent to natural drainage areas, as approved by the director of engineering.
(c)
Lot shape.
The city reserves the right to disapprove
any lot which, in its opinion, will not be suitable or desirable for
the purpose intended, or which is so oddly shaped as to create a hindrance
to the logical lot layout of surrounding properties and/or create
an irregular building envelope. The following requirements shall also
apply:
(1)
Lots shall be generally rectangular in shape; sharp angles between
lot lines shall be avoided.
(2)
Flag lots are prohibited (see diagram 10.03.113).
(3)
Irregularly shaped lots shall have sufficient width at the building
line to meet minimum lot width and frontage requirements for the appropriate
zoning district (if applicable), and shall provide the minimum building
pad required by zoning without encroachment into front, side or rear
yard setbacks or into any type of easement.
(d)
Lot lines and legal buildable lots.
(1)
Side lot lines.
Side lot lines shall be generally perpendicular
to street right-of-way lines to the greatest extent possible (side
lot lines may vary from 80° to 100° angles from the street
frontage - see diagrams 10.03.115 and 10.03.116). The director of
development services may grant a minor modification if unusual circumstances
exist on the subject property or on adjacent property that make it
difficult to comply with this requirement.
(2)
Lot lines and jurisdictional boundaries.
All lot lines,
to the greatest extent possible, shall align along county, school
district, and other jurisdictional boundary lines such that lots are
fully within one county, school district, or other jurisdiction. The
director of development services may grant a minor modification to
this requirement if a county, school district, or other jurisdictional
boundary line will bisect a lot, provided that the entire residential
dwelling or main structure is constructed entirely within one county,
school district, or other jurisdiction (i.e., the structure does not
“straddle” school district or jurisdictional boundary
line even though the lot line may straddle the jurisdictional line).
(3)
Legal buildable lots.
Any portion of a lot that is non-buildable
for any reason shall be clearly shown as such on the preliminary and
final plats. A typical detail shall be submitted along with the preliminary
and final plats, and shall verify that the buildable portion of such
a lot can accommodate a dwelling or main structure that complies with
applicable city zoning regulations (if located within the city limits)
and building codes (if located either within the city limits or the
ETJ).
(e)
Lot orientation restrictions. Major and minor arterials.
(1)
No single-family, two-family, or townhome lots shall front onto or
have a driveway onto major or minor arterials or any street with a
right-of-way of sixty (60) feet or greater, as described within the
engineering design standards, unless the house was existing prior
to the roadway being designated as such on the city’s master
thoroughfare plan.
(2)
No residential lots shall face a collector or higher designation
street.
(f)
Lot frontages.
(1)
Street frontage.
(A)
Adequate frontage.
Each lot shall have access
to a street (or an approved public way) by having frontage on such
a street that is not less than fifty (50) feet at the street right-of-way
line, or as otherwise specified in the zoning ordinance or a planned
development (PD) ordinance, if applicable. Lots fronting onto an eyebrow
or bulb portion of a cul-de-sac shall also have a minimum frontage
of forty (40) feet at the building setback line, unless approved by
the director of engineering.
(B)
Frontage exception.
For non-residential developments
ten (10) acres or greater, the lots may be platted to a private street
or access easement instead of a dedicated street.
(2)
Double frontage.
(A)
Single-family, two-family and townhome lots.
Double
frontage lots are prohibited, except that single-family, two-family
or townhome lots may back or side onto a collector street or larger
thoroughfare, as described within the engineering design standards,
with appropriate screening. Where lots back or side onto a collector
street or larger thoroughfare, no driveway access is allowed onto
the thoroughfare from the rear or side of the lot.
(B)
Establishment of building lines.
Where any lot
has frontage on more than one (1) street, a front building line shall
be established for each street, regardless of orientation of the structure.
(3)
Lots facing other lots.
Whenever feasible, each residential lot shall face the front of a similar lot, or shall face or side onto a park or open space if one exists or is planned (see section 10.03.081, applicability and general requirements [sic]). In general, an arrangement placing adjacent lots at right angles to each other should be avoided. The director of development services may grant a minor variance, in accordance with section 10.03.086, variances, if unusual circumstances exist on the subject property or on adjacent property that make it difficult to comply with this requirement.
(g)
Lots in relation to parks/open space/creeks.
All lots
that are located directly across a street from a park/open space shall
face or side onto the park/open space, where feasible. For lots or
streets adjacent to floodplain or creeks, a minimum of 100' or 10%
of street length, whichever is greater, shall be single loaded. Concrete
pedestrian connections into the neighborhood should be integrated
into the design.
(h)
Large lots and tracts.
If the lots or tracts of land
in a proposed development are large enough to suggest possible further
subdivision in the future, or if portions of the property are not
subdivided or developed immediately, then the preliminary plat shall
show how such large tracts or remainder portions of the property can
be subdivided into conforming lots at a later time, and shall also
show how streets can be extended and how median openings can be aligned
and shared in the future.
(i)
Lot and block numbering.
(1)
All lots within each phase of a development are to be numbered consecutively
within each block. Each block shall have an alphabetical designation
(e.g., “block A, B, C” etc.). Each lot shall have a numeric
designation (e.g. lot 1, 2, 3, etc.).
(2)
Different phases shall begin with different block numbers - in other
words, a single block may not straddle more than one construction
phase.
(3)
Subsequent replat numbering shall be indicated with an “R”
suffix for the first revision (e.g. from lot 3 to lot 3R) and any
additional replatting changes to the lot shall be indicated with a
numeric suffix following the “R” designation (e.g. Lot
3R-1) and continue numerically as changes occur (lot 3R-2, lot 3R-3,
etc.).
(4)
All dwelling units shall be located on an individually platted lot
with its own lot number.
(j)
Building setback lines.
Building setback lines shall
be shown only on residential preliminary and final plats within Celina’s
ETJ. Building setback lines need not be shown on any plats for commercial
development.
(k)
Addressing.
The director of development services, in
conjunction with the geographic information systems department, shall
assign addresses that are in compliance with standards established
by the U.S. Postal Service. Only one address shall be issued to each
lot, and only one electric meter shall be provided for each address.
(l)
Other block requirements.
See the engineering design
standards.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Easements.
(1)
Easements shown on plats.
The type, size, and location
of easements shall be determined by the director of engineering. All
existing and proposed easements shall be shown on the preliminary,
final plats, and replats. All easements shall be labeled on the plat
and dedicated for the specific purpose intended (e.g., “city
utility easement,” “city drainage easement,” “CoServ
electric easement,” etc.).
(2)
Off-site easements.
Off-site easements that are necessary
to fulfill city requirements or are required by the city shall be
dedicated to the city by the conveyance plat or final plat and shall
be approved as to size and location by the director of engineering.
In certain circumstances, a separate instrument may be accepted to
dedicate required off-site easements, if approved by the director
of engineering. If the abutting property is already platted, then
a replat of that property shall be required to establish the new off-site
easement.
(3)
Maintenance easements.
When a retaining wall is proposed
for construction, the associated plat must show a minimum three (3)
foot maintenance easement on both sides of the proposed wall.
(b)
Reservations.
(1)
Permitted uses.
No land contained in the proposed subdivision
shall be reserved for any use other than a use permitted by the zoning
ordinance for the district in which the land to be reserved is located
or for future roadways as shown on the master thoroughfare plan.
(2)
Designation on plat.
The specific use for which each
parcel of land is to be reserved must be shown on the plat by an appropriate
label or description. Provision for abandonment of a reservation in
the future as may be appropriate must likewise be shown on said plat.
(3)
Parks and open space.
The location and size of parks
and open space areas shall be in conformance with this division 8,
parks and open space, and the zoning ordinance. All areas retained
as floodway shall be reserved for public use, unless other provisions
are approved by the city council.
(4)
Schools.
The location and size of school sites shall
be in conformance with the comprehensive plan and the recommendations
of the applicable school district.
(5)
Public facilities.
The location and size of sites for
public buildings, major utility facilities, and related community
facilities shall be in conformance with the comprehensive plan and
the recommendations of the director of development services.
(c)
Monuments and markers.
(1)
General placement.
Monuments consisting of a minimum
three-eighths (3/8) inch diameter steel rods, at least twenty-four
(24) inches in length shall be placed at all:
(2)
Subdivision monumentation.
At least two (2) property
corners shall be marked with monuments of three (3) dimensional coordinates
established from the city’s engineering design standards. The
corners so marked should be at opposing ends of the property unless
otherwise approved by the director of engineering.
(d)
Subdivision names.
New subdivisions shall be named so
as to prevent conflict or “sound-alike” confusion with
the names of other subdivisions. Subdivisions with similar names (e.g.,
Preston Lakes and Preston Hills) shall be located in proximity to
each other, not in different areas of the city. Subdivision names
shall be reviewed and approved by the director of development services
to ensure that the proposed subdivision name will not cause confusion
or misdirection, especially for emergency responders.
(e)
Franchise utility policy.
(1)
General requirements.
The director of engineering may
require easements for poles, wires, conduits, gas, telephone, cable
TV, internet, or other utility lines if necessary or advisable in
the opinion of the director of engineering.
(2)
Locations.
Utility easements may be located as follows:
(A)
Utilities shall be located in the alley rights-of-way along the rear
property lines of lots or tracts whenever an alley is provided.
(B)
Utilities shall be located in easements adjacent to the street rights-of-way
along the front of lots or tracts whenever an alley is not provided.
Utility easements shall be a minimum width of seven and a half feet
(7-1/2') unless specifically reduced by the director of engineering.
(3)
Ground-mounted equipment.
Ground-mounted equipment shall
not be placed in visibility, access or maintenance easements.
(A)
All ground-mounted equipment within view of a public street right-of-way
shall be screened from the adjacent street by minimum five (5) gallon
evergreen shrubs, or larger, placed three (3) feet on center on the
side facing the right-of-way, as well as along both sides of the equipment
such that it will be fully screened from view from the street.
(B)
Planting materials selected shall be such that will grow at least
to the height of the equipment height, and will provide a continuous
and generally solid/opaque living screen, within two (2) growing seasons
from the date planted. The planting material shall be selected from
the list of approved materials set forth in the city’s zoning
ordinance.
(4)
Installation and financing.
The subdivider shall arrange
with the city and with utility companies franchised to serve the area
in which the subdivision is located for the construction costs of
streets and alleys, utility lines and other public improvements. The
subdivider shall also arrange for the sequence of work so that underground
utilities shall be installed in those portions of streets intended
for vehicular traffic before such streets shall be surfaced. If the
several improvements required herein have not been installed or constructed
prior to submission of the final plat, then the final plat shall bear
a restriction that no lot shall be occupied and that no municipal
services shall be extended thereto until the specified utilities and
improvements have been constructed as required.
(f)
Fiber optic network conduit and fiber optic cable.
All
residential and multiple-family subdivisions must make best efforts
to install fiber optic capability before receiving a certificate of
occupancy. In addition, the developer must inform the city of the
provider chosen to serve the development and specify both the overall
speed (minimum 1 GB) and the speed to each individual house or unit.
(g)
Retaining walls.
On any development, whether residential
or non-residential, the slopes located at the perimeter of the property
shall be graded so that there shall be no retaining walls necessary
between the development being constructed and future adjacent developments,
unless approved by the director of engineering.
(h)
Amenity lot irrigation.
Residential subdivisions containing
500 lots or more shall irrigate their common area lots from on-site
wells or detention/retention devices. All open space areas that are
not left in a riparian condition shall be irrigated. The director
of engineering may provide a minor modifications for this.
(Ordinance 2020-95 adopted 10/13/20)
(a)
Description and definition.
The term “amenity” is defined within section 10.03.102, definitions, of this ordinance. This section may be enhanced by the neighborhood vision book.
(b)
Requirements.
Where amenities are proposed in conjunction
with a development, such amenities shall be reviewed and approved
in accordance with the following:
(1)
Plans and illustrations, along with a written statement of such concepts,
shall be submitted for review and approval with the construction plans.
(2)
Plans for amenities shall be incorporated into the screening plan
and landscape plans, when applicable, for submittal as part of the
construction plans.
(3)
Structural elements shall be sealed by a licensed professional engineer
and shall be approved by the city.
(4)
Any screening or retaining wall shall be located in a common area
lot or within a wall-maintenance easement (minimum three (3) feet
wide) to facilitate repair as needed.
(5)
A site plan, reviewed and approved in accordance with the zoning
ordinance, is required for private recreational facilities, amenity
centers and parks.
(6)
City review and approval of plans for amenities shall be required prior to issuance of a letter of final acceptance for the subdivision improvements (refer to section 10.03.046, inspection, maintenance and acceptance of public improvements).
(7)
All open space, landscaped areas, common areas, screening walls,
subdivision signs, and other amenities proposed and/or built with
a residential development shall be owned and maintained by the HOA
and shall not be closed, removed from the system, shut down, inaccessible
to residents, abandoned, or otherwise discontinued or have operations
cease without express approval from the city council, excluding general
and routine maintenance and adjustments for construction projects.
Should any private/public financing partnership be in place, the common
areas, open space, and amenities may benefit from such lawful financing
reimbursements or payments. At no time shall the ownership of any
open space, landscaped areas, entry features, common areas or other
amenities associated with the development pass to the city, unless
specifically approved by the city council.
(8)
Every residential unit must be located within two (2) miles of an
outdoor siren early warning system.
(9)
Every residential and multiple-family development shall have, at
the minimum, security cameras located at entrances to the community.
(c)
Design of amenities.
The design of amenities shall conform
to the following:
(1)
Entry features shall be constructed entirely on privately owned property
(i.e., not within public right-of-way), and shall not suspend over
a public right-of-way, unless otherwise approved by a license agreement
approved by the city. The primary entry feature, with identifying
monument sign and/or other identifying branding or focal point, shall
be placed within a separate HOA-owned (i.e. common area) lot within
a divided entry access point. An entry feature having a water pond,
fountain, or other water feature shall only be allowed if approved
by the director of engineering and the fire chief.
(2)
No entry feature, other than screening walls or extensions of screening
walls, may be constructed on any portion of a single-family, two-family,
or townhome lots. All such features shall be constructed on lots that
are platted as “non-buildable” common-area lots and dedicated
to an HOA for private ownership and maintenance.
(3)
Entry features shall not encroach into visibility easements or otherwise
impair pedestrian, cyclist or driver visibility.
(4)
Private recreation facilities, if provided in a development, shall,
to the greatest extent possible, be centrally located within the overall
development. (See diagram 10.03.117)
(d)
Homeowners association (HOA) requirements.
(1)
Purpose.
The purpose for the establishment of an HOA
(also referred to as “association”) for residential developments
is to create an organization that owns and is responsible for maintaining
commonly owned properties and amenities including, but not limited
to, private rights-of-way, club houses, recreational facilities, open
space lots, and riparian areas used for the communal good of the development’s
property owners and residents. The ownership and maintenance of said
property and amenities shall be organized and established to exist
in perpetuity.
(2)
Applicability.
An HOA shall be established for any development
that contains any of the following: a minimum of six (6) housing units,
a private amenity (such as a clubhouse or pool), private street, a
major creek or tributary, or thoroughfare screening. For purposes
of this section, the terms “homeowners association,” “HOA,”
and “association” are interchangeable with the term “property
owners’ association” for multifamily and non-residential
developments.
(3)
Elements requiring an HOA.
Any one (1) or more of the
following elements created as part of the development shall require
formation and continued operation of a mandatory HOA:
(A)
Amenities.
Where proposed in conjunction with a development, the word “amenity” shall be as defined in section 10.03.102, definitions, and shall include, but not be limited to, the following:
(i)
Amenity center (e.g., private swimming pool, club house, conference
or assembly rooms, tennis courts, etc.);
(ii)
Private recreational facility;
(iii)
Entry features, including signage and screening walls and other
perimeter fencing;
(iv)
Open space;
(v)
Ponds and detention features;
(vi)
Water fountains or features;
(vii)
Hike-and-bike trails; and
(viii)
Other commonly owned facilities.
(B)
Major creeks.
As defined in section 10.03.102, definitions, and as generally regulated by section 10.08.020 [section 10.03.072(i)], major creeks, of this ordinance, major creeks that run adjacent to or within a subdivision shall be maintained by the HOA.
(C)
Private streets.
(Also see sections 14.03.301(9) and (10) of the zoning ordinance) As defined in section 10.03.102, definitions, and as generally regulated by section 10.03.073(d), private streets, of this ordinance, private streets shall be owned and maintained by the HOA. This shall include all infrastructure including streets, alleys, sidewalks and other appurtenances within designated access easements, as well as associated structures as follows:
(4)
Maintenance agreement.
All detention facilities shall
be owned and maintained by the HOA and the HOA board shall enter into
a maintenance agreement with the city to ensure that adequate maintenance
will be forthcoming over the life of the facility.
(e)
Procedure for establishing an HOA.
The establishment
of a required HOA shall occur in conjunction with the recordation
of the subdivision final plat, and shall generally be established
as follows:
(1)
Documents submitted for review.
The declaration, covenants
and other necessary documents establishing the HOA shall be submitted
to the city for conformance with this and other applicable ordinances
prior to submission of the final plat, and prior to issuance of a
letter of final acceptance for the development. HOA documents shall
include descriptions of any amenities, private streets, stub streets,
thoroughfare screening, major creeks or tributaries, and other areas
or structures for which the association has maintenance responsibility,
and shall outline the organization and board of the association.
(2)
Approval by city attorney.
All HOA documents shall be
reviewed by the city attorney prior to recordation of the final plat.
The applicant shall reimburse the city for all related legal costs
incurred by the city for review of the HOA documents. This reimbursement
shall be paid in full prior to recordation of the final plat.
(3)
Recordation.
All HOA documents shall be recorded in
Denton or Collin County prior to or with the recordation of the final
plat. All copies of the HOA documents shall be submitted to development
services along with the appropriate county fees and current tax certificates
(with raised seals) for staff to complete the final plat recordation
process.
(4)
Additional phases.
An additional phase to an existing
subdivision is not required to establish a separate and distinct HOA,
provided that:
(A)
The existing, recorded association documents are amended to incorporate
the area of the new subdivision phase and to adopt the responsibility
of its amenities, private streets, major creeks and tributaries, thoroughfare
screening, and other areas for which the HOA is responsible for maintenance.
(B)
The applicant shall provide a draft of the amended covenants to the
city attorney for review prior to the recordation of the associated
plat.
(5)
Revisions to HOA documents.
As revisions are made to
the HOA documents, a copy of the revised documents shall be forwarded
to the director of development services for the city’s files.
(f)
Notice to purchasers.
The developer shall be required
to post notice in a prominent place at all model homes and sales offices
stating the following:
(1)
That an HOA has been established for the subdivision;
(2)
That membership in the HOA is mandatory for all lot owners;
(3)
That the developer and/or builder is required to provide to any potential
buyer, upon their request, a complete copy of the association documents
and a five (5) year projection (at a minimum) of HOA dues, income,
and expenses; and
(4)
Any other assessment on the property which may have resulted from
a PID, TIRZ, or other public/private financial agreement with the
city, including the duration of said assessment and manner of collection.
(g)
General requirements.
The following shall be set forth
in the HOA documents:
(1)
A statement that membership in the association is mandatory for all
owners of property within the subdivision;
(2)
A listing of all required maintenance responsibilities, and where
possible, the lot numbers, legal descriptions, street names, etc.
as shown on the approved plat for areas to be the responsibility of
the association;
(3)
By-laws related to the governance of the association;
(4)
Covenants for maintenance assessments, which shall run with the land;
(5)
Responsibility for liability insurance and local taxes;
(6)
Statement that the authority for enforcement of association rules
and regulations is solely the responsibility of the association and
is not, in any way, the responsibility of the city;
(7)
Authority for the association to secure funds from its members sufficient
to meet its responsibilities. This authority shall include the ability
to collect dues, to increase dues, to charge special assessments (such
as fees associated with a public improvement district), and to place
liens against property for failing to pay dues, assessments, and fines.
(A)
Dues shall be calculated based on a cost projection for the maintenance
of all amenities and based on eventual build-out of the subdivision;
(B)
Dues shall not be based on calculations which include monies from
the developer which will not be provided following the transfer of
the association from the developer to the lot owners.
(C)
Dues shall be required to be disclosed to all lot owners at the time
of property purchase by the lot owners.
(8)
Provision that no amendment of the association documents relating
to maintenance of amenities, private streets, major creeks and tributaries,
thoroughfare screening, any other association-maintained area or facility,
or related reserve funds (as applicable) shall occur without prior
city approval;
(9)
Written release of liability for maintenance to benefit the city;
written indemnification of the city outlining that under no circumstances
shall the city be liable to the association or any individual property
owner or their respective heirs, executors, administrators, devisees,
personal representatives, successors or assigns for any damages, injuries
(including death), and/or liability resulting from any amenity, on
the private streets, within or adjacent to any major creek or tributary,
associated with any thoroughfare screening or common landscaping,
or from any other association-owned and maintained area or facility;
(10)
Written assurance of adequate funds based on an accredited cost projection
analysis within a specific reserve account of the association for
the maintenance and removal of amenities as determined by the city;
and
(11)
Written consent giving the city the authority to take appropriate actions for violations as set forth in section 10.03.079(i), violations, revocations and liens.
(12)
Other city requirements as applicable.
(h)
Supplementary requirements.
The HOA shall also comply
with the following regulations, where applicable:
(1)
Compliance with the zoning ordinance.
Association documents
shall not overrule the landscaping or other provisions of the zoning
ordinance by penalizing or restricting water conserving landscapes,
or by requiring landscape materials that do not comply with zoning
ordinance landscape requirements.
(2)
Compliance with the neighborhood design guidelines.
association documents shall comply with the adopted neighborhood
design guidelines.
(3)
Amenities.
The following regulations shall apply to any subdivision that includes an amenity, as described in section 10.03.079, required subdivision amenities, and defined in section 10.03.102, definitions:
(A)
Where amenities are proposed in conjunction with a development, the applicant shall comply with those regulations outlined in section 10.03.079, required subdivision amenities, of this ordinance.
(B)
All developments that require the provision of common open space
shall submit covenants to maintain open space, recreational areas,
and other commonly owned facilities for review with the final plat
application.
(4)
Private streets.
Whenever a public street becomes private
following plat recordation, an HOA is required to be established,
if not already in existence, that would be responsible for owning
and maintaining the converted streets and rights-of-way. The following
regulations shall apply to any subdivision that includes private streets,
except those that exist prior to the effective date of this ordinance.
(A)
The association shall own and be responsible for the maintenance
of private streets and appurtenances (such as alleys, storm sewers,
sidewalks, barrier-free ramps, street lights and signs, etc.) and
shall provide for the payment of dues and assessments required to
maintain the private streets and appurtenances.
(B)
The association documents shall state that if the approval of the
specific use permit for the private street development is revoked
or the private streets are otherwise converted to public streets,
the reserve fund shall become the property of the city (see the city’s
engineering design standards for conversion process).
(C)
In addition to any other requirements set forth in this section,
the HOA’s documents shall specify the following:
(i)
That the streets within the development are private, that they
are owned and maintained by the association, and that the city has
no obligation to maintain, repair or reconstruct the private streets.
(ii)
A statement that the city may, but is not obligated to, inspect
private streets and require repairs necessary to ensure that the same
are safe for travel and are being maintained to city standards.
(iii)
A statement that the association may not be dissolved without
the prior written consent of the city council, which consent shall
not be withheld by the city if it determines that an adequate reserve
fund exists, and the streets and alleys are in satisfactory condition
for conversion to public streets, as determined by the director of
engineering.
(iv)
That failure to bring the subdivision into compliance with these
regulations may cause the city to revoke the approval or the specific
use permit for the private street development and take appropriate
action.
(D)
The HOA documents shall note that certain city services may not be
provided in private street developments. The services that may not
be provided include, but are not limited to: police enforcement of
traffic and parking ordinances and preparation of accident reports.
Depending on the characteristics of the proposed development, other
services may not be provided.
(E)
The HOA documents shall contain a provision that requires the association
to provide unrestricted access to emergency vehicles, utility personnel,
the U.S. Postal Service, and governmental employees, agents or representatives
in the performance of their official duties. All access gates shall
be designed and constructed in accordance with emergency access design
standards listed in the engineering design standards, and shall be
equipped with an emergency access controlled gate opening system (e.g.
Opticom® or Knox-Box®) or with another emergency operating
system that is acceptable to the fire chief.
(5)
Major creeks, tributaries, ponds and water features (100-year floodplain).
For single-family and two-family residential developments, the
area within the 100-year floodplain shall be owned and maintained
by a homeowners association, subject to city approval. The final plat
shall reflect, and the association documents shall provide:
(A)
City access for emergency vehicles, equipment and personnel and for
the improvement and maintenance of the 100-year floodplain in the
event they are not being properly maintained, as determined by the
director of engineering; and
(B)
Should the association fail to maintain the floodplain area to the
standards of the city, the association shall reimburse the city for
all costs incurred by the city for adequate maintenance.
(i)
Violations, revocations and liens.
(1)
The city will notify the HOA of violations of any of the regulations
specified within this section.
(2)
Failure to bring the subdivision into compliance with these regulations
may cause the city to revoke the specific approval of the association
or take other remedies outlined in this section.
(3)
The city shall have all liens, assessments and enforcement rights
granted therein to the association, and the city shall have the ability
to enforce the liens and assessments, and avail itself of any other
enforcement actions available to the city pursuant to state law and/or
city regulations.
(4)
Should the association fail to carry out its duties as specified
in this ordinance, the city shall have the right and ability, after
due notice to the association, to perform the duties required by this
or any other ordinance, regulation or agreement with the city in order
to bring the association into compliance therewith. The city shall
have the right and ability, after due notice to the association, to
assess the association for the full amount owed and/or assess the
property owners on a pro rata basis for all costs incurred by the
city in performing said duties if the association fails to do so.
Said assessment shall constitute a lien, in favor of the city, upon
the properties for which the assessment is made.
(Ordinance 2020-95 adopted 10/13/20)
