(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)
(A) Capital
Improvements Generally.
Proposed capital improvements
serving new development shall conform to and be properly related to
the public facilities elements of the City’s adopted Comprehensive
Plan, other adopted master plans for public facilities and services,
and applicable capital improvements plans, and shall meet the service
levels specified in such plans.
(B) Major
Thoroughfare Plan.
No Final Plat shall be approved for
any subdivision within the City or its ETJ until there is adequate
provision for thoroughfares as shown on the Major Thoroughfare Plan,
as approved by the City.
(1) No
Amendment Necessary.
Subject to approval of the Director
of Transportation, whenever a street connection or alignment is made,
whether or not it is similar to the exact alignment shown on the Major
Thoroughfare Plan, no other Major Thoroughfare Plan amendment shall
be necessary. The design and construction of the proposed thoroughfare
shall be in conformance with the City’s master plans for thoroughfares
and with the Technical Standards, and shall be subject to approval
by the Directors of Transportation and Engineering. Such approvals
shall be required prior to Final Plat approval.
(2) Amendment
Necessary.
If a different roadway type is proposed or if the connection is not proposed to be made, then the Major Thoroughfare Plan shall be amended prior to Final Plat approval, and upon provision of a Traffic Impact Analysis (TIA) of the proposed amendment in accordance with Article 5, Division
5 of this Chapter
3.
(C) Water
and Wastewater Plans.
(1) Construction
Requirements.
(a) All public water and wastewater mains shall be located in the frontage
along streets, or in easements adjacent to the development, in order
to provide service to adjacent property.
(b) Water and wastewater lines shall be extended along the entire frontage
of the development adjacent to a street. If the development is not
adjacent to a street, water and wastewater lines shall be extended
in such a manner as to allow convenient future connections to new
developments. If new developments will never be constructed beyond
the development under construction due to physical constraints, the
Director of Engineering may waive this requirement.
(c) Public water and wastewater mains shall not be located within a private
street, drive or access easement unless a city utility easement is
provided for the mains.
(d) No portion of a building or structure shall encroach over or into
any public easement.
(e) A utility easement for water or wastewater between two lots must
be entirely contained within a single lot.
(f) When it is necessary to relocate or replace an existing water or
wastewater facility to accommodate a proposed subdivision, the developer
is responsible for all costs associated with the relocation including
the acquisition of necessary easements, except for oversize participation.
(2) Construction
Plans.
Plans for construction of all water and wastewater
facilities required by this GDC shall be prepared in accordance with
the requirements and specifications contained in the City’s
Technical Standards, the regulations of the Texas Commission on Environmental
Quality (TCEQ) or its successor agency, and the City’s current
adopted Fire Code. Plans for the improvements shall be prepared by
an engineer licensed in the State of Texas, and shall be in a form
and format acceptable to the Director of Engineering.
(3) Acquisition
of Easements.
The developer shall be responsible for
the acquisition of all required off-site easements.
(4) No
Warranty of Availability.
The City makes no representations
or warranties that water supply or wastewater capacity will be available
at any particular time or place.
(5) Lines
Generally.
Water or wastewater service lines shall not
cross any adjacent lot. The public main shall be extended so as not
to require the service to extend across another lot. Public water
and wastewater mains adjacent to a roadway owned by a governmental
entity other than the City shall be constructed outside the right-of-way
in a separate easement unless otherwise agreed by those entities and
the City.”
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 12, adopted 5/7/19)