(a)
Conformance to standards.
(1)
Public improvements.
Proposed public improvements serving new development shall conform to and be properly related to the public facilities elements of the comprehensive plan and, 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)
Plats within the city.
Plats within the city, and corresponding construction plans, shall provide for thoroughfares as shown in the comprehensive plan. The alignment and right-of-way width of all proposed thoroughfares shall be in general conformance with the comprehensive plan. Minor adjustments to thoroughfare alignments may be allowed without amending the comprehensive plan if the city believes the new alignment meets the spirit and intent of the comprehensive 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 adopted Construction Standards and shall be subject to approval by the city engineer. Such approvals shall be required prior to any plat approval.
(3)
Water and wastewater.
The design and construction of the water system and wastewater system improvements to serve the development shall be in conformance with the city’s master plans, Texas Commission on Environmental Quality (TCEQ) regulations, and the city’s adopted construction standards, and shall be subject to approval by the city engineer in conjunction with consideration of the approval of the construction plans and the final plat. Provided however, that on-site water wells and/ or septic systems are authorized if a public water system or sanitary sewer system is not available to serve the property. Such wells and septic systems must meet the requirements of the TCEQ, or the county, as applicable.
(4)
Storm drainage.
The design and construction of the storm drainage system to serve the development shall be in conformance with the “public works construction standards,” by the North Central Texas Council of Governments, the city’s master plans and adopted construction standards, and in compliance with all applicable Federal Emergency Management Agency (FEMA) requirements, and shall be subject to approval by the city engineer in conjunction with consideration of the approval of the construction plans and the final plat.
(b)
Adequate public facilities.
(1)
Adequate services for areas proposed for development.
Land proposed for development in the city shall be served adequately by essential public facilities and services, including but not limited to water distribution, wastewater collections 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.
(A)
Street access.
A plat will not be approved unless all the proposed lots have safe reliable street access for daily use and emergency purposes.
(i)
A plat will not be approved unless all of the proposed lots have direct access to an improved public street (or a public street that will be improved during construction of the proposed development) to the city’s minimum design and paving standards.
(ii)
Except for lots which 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 accept a temporary street connection provided that a second permanent access point can be reasonably anticipated with future development of adjacent properties.
(iii)
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 though access easement connection to, a median opening.
(B)
Water.
A plat will not be approved unless all of the proposed lots are connected to an approved water system or an approved water well 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.
(iii)
The city may require the phasing of development and/or improvements to the water system to ensure adequate fire protection.
(iv)
The total system capacity of water production, storage and distribution to be determined by city’s historical usage.
(C)
Wastewater.
A plat will not be approved unless all of the proposed lots are served by an approved wastewater collection and treatment or an approved septic system.
(D)
Storm drainage.
Increased stormwater runoff attributable to new development shall not cause impacts to adjoining, upstream or downstream properties. Impacts are defined as an increase in runoff between pre- and post-development. Where the projected runoff from a new development exceeds runoff from pre-development conditions, the city may require the phasing of a 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.
(2)
Property owner’s responsibilities.
The property owner shall be responsible for, but not limited to the following:
(A)
Dedication and construction of improvements.
(i)
The property owner shall dedicate all rights-of-way and easements for, and shall construct and extend, all necessary on-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 construction design standards.
(ii)
Following the determination required by Texas Local Government Code section 212.904, the property owner shall construct and extend all proportional 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 construction design standards.
(B)
Abutting substandard streets.
Where a substandard street abuts or traverses a proposed development, the city may require, in accordance with Texas Local Government Code section 212.904, the property owner to dedicate additional right-of-way and to improve the street to the city’s current design and construction standards as set forth in the comprehensive plan. Such requirements to improve the substandard street to the city’s current standards shall only be imposed following the careful review of factors including, but not limited to:
(C)
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 study(ies) 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 study(ies) shall identify, at a minimum:
(i)
The adequacy and capacities of existing facilities;
(ii)
The nature and extent of current deficiencies; and
(iii)
The public improvements that will be needed to meet adequate levels of service assuming the development at the intensity proposed in the application.
(iv)
The study(ies) shall be subject to approval by the city engineer prior to approval of the preliminary plat and the construction plans. The city also may require, at the time of approval of subsequent application (e.g., final plat), an update of a facilities impact study(ies) approved in connection with a prior application (e.g., preliminary plat).
(D)
Future extension of public facilities.
The property owner shall make provisions for future expansion of public facilities as needed to serve future developments, subject to Texas Local Government Code section 212.904.
(E)
Operations and maintenance of the water or wastewater facilities.
The city shall not be responsible for the operations and maintenance of any water or wastewater facilities not owned by the city.
(F)
Fiscal security.
The property owner shall provide all fiscal security required for the construction of the public facilities or improvements.
(G)
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; and
(H)
Compliance with utility providers.
The property owner shall comply with all requirements of the utility providers, including the city and applicable drainage districts.
(3)
Rough proportionality; fair share.
Subject to the requirements set out in section 9.01.013 there is a direct correlation between the increased demand on public facilities and systems that is created by a new development, and the city’s requirements to dedicate rights-of-way and easements and to construct a fair and proportional share of public improvements that are necessary to offset such impacts such that new development does not negatively affect the city as a whole. The city requires that a new development project contribute its fair and proportional share of such costs.
(Ordinance 2020-16 adopted 12/8/20)