(A)
Adequate Service for Areas Proposed for Development.
Land proposed for development in the City and in the City’s ETJ must be adequately served by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities and park facilities. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or until provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site.
(1)
Street Access.
A Plat will not be approved unless:
(a)
All of the proposed lots have street access that complies with the City’s Technical Standards Manual; and
(b)
All of the proposed lots have direct access to a public or private street that is improved to the City’s minimum design and paving standards (or to a public street that will be improved to the City’s standards during construction of the proposed development), or to an approved public access easement, improved to public street standards and that is connected to an improved public street. The Planning Director may waive or amend the street access requirements where improved street access is not practical due to the physical characteristics of the land.
(2)
Water.
A Plat will not be approved unless all of the proposed lots have direct access to a public water system in a manner capable of providing adequate water for health and emergency purposes to the development and all lots within the development.
(a)
All lots shall be provided with the ability to directly connect to a looped water main providing water flow from at least two directions or sources.
(b)
Water service shall be sufficient to meet the fire flow requirements for all lots within the proposed development, except where a suitable alternative means of fire protection is approved by the Fire Department.
(3)
Wastewater.
A Plat will not be approved unless all of the proposed lots are served by, or have direct access to, an approved means of wastewater collection and treatment. The projected wastewater discharge of a proposed development shall not exceed the proposed capacity of the wastewater system as provided in the Technical Standards.
(4)
Storm Drainage.
Increased stormwater runoff attributable to new development may not be allowed to cause impacts to adjoining, upstream or downstream properties and shall not exceed the existing capacity of the downstream drainage system. Impacts include an increase in runoff - in volume and velocity - between pre- and post-development conditions, and erosion on another property. 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, or may require the developer to obtain off-site drainage easements or to construct off-site drainage improvements as means of mitigation.
(B)
Developer Responsibility for Adequate Facilities.
The developer shall be responsible for the following:
(1)
Phasing of development or improvements in order to ensure the provision of adequate public facilities; each phase must be capable of existing as an independent unit each of which separately conform to the requirements in the City’s Technical Standards.
(2)
Extensions of public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities;
(3)
Providing and procuring all necessary property interests, including rights-of-way and easements, for the facilities (whether on-site or off-site);
(4)
Providing proof to the City of adequate public facilities through a capacity analysis for water, wastewater and drainage facilities;
(5)
Making reasonable provisions for future expansion of the public facilities that serve the development in order to accommodate future developments by extending water, wastewater and drainage lines to the limits of the development which may include complying with the City’s oversize and pro rata participation program requirements, if applicable;
(6)
Providing for the future operation and maintenance of facilities that serve a public purpose but that will not be dedicated to the public;
(7)
Providing monetary or other form of approved security to ensure full performance for the completion of construction of public facilities for the development;
(8)
Obtaining approvals from utility providers (other than the City) that will provide utility services to the development; and
(9)
Complying with the requirements, which may include obtaining permits and other approvals, of authorities and non-City utility providers that may have jurisdiction over or which will serve the project or an aspect of the project. A non-exclusive example is the necessity of obtaining approvals from a railroad or the Dallas Area Rapid Transit Authority for a railroad crossing that will serve the project. The City is not responsible for ensuring compliance with such requirements or for obtaining or issuing such permits and approvals unless otherwise provided by law. Proof of compliance with such requirements (including copies of permit and other authorizations) shall be submitted by the developer to the City.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 11, adopted 5/7/19)