(a) 
Ensure that improvement installed properly.
The requirements of this chapter as set forth in this section are designed and intended to ensure that for all subdivisions of land within the scope of this chapter all improvements as required herein are installed properly prior to recording the final plat, and:
(1) 
The city can provide for the orderly and economical extension of public facilities and services;
(2) 
All purchasers of property within the subdivision shall have a usable, buildable parcel of land; and
(3) 
All required improvements are constructed in accordance with city standards.
(b) 
Adequate public facilities policy.
The land to be divided or developed must be served adequately by essential public facilities and services. No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for parks water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site. This policy may be defined further and supplemented by other ordinances adopted by the city.
(1) 
Proportionality appeal.
a. 
Purpose.
The purpose of a proportionality appeal is to ensure that the application of uniform dedication and construction standards to a proposed development projects does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the city’s public facilities systems.
b. 
Applicability.
An appeal under this chapter may be submitted by a property owner or applicant to contest any requirement to dedicate land or to construct public improvements for dedication to the public that is imposed to a plat application or to any related development application authorized by the city, whether the requirement is under uniform standards, or attached as a condition to approval of a permit. An appeal under this chapter shall not be used to waive standards on grounds applicable to any petition for an alternative subdivision designs, waiver, or exception as found in other chapters of this title.
c. 
Effect.
If the relief requested under the appeal is granted in whole or in part by the city council, the dedication, fee or construction requirement initially imposed shall be modified accordingly. In the event the original application was denied by the city council based upon the property owner’s failure to incorporate the dedication or construction requirement in the proposed permit or plat, the application shall be remanded to the original decision-maker for a decision consistent with the relief granted by the council.
(2) 
Appeal requirements.
a. 
Who may apply.
A property owner or applicant may appeal when a dedication or construction requirement has been applied to development application, a plat, or is the basis for denying the plat application.
b. 
Form of appeal.
The appeal shall allege that application of the standard relating to the dedication, fee or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the city’s water, wastewater, stormwater, parks, or roadway system, as the case may be or does not reasonably benefit the proposed development.
c. 
Study required.
The petitioner shall provide ten copies of a study in support of the petition for relief that at a minimum includes the following information:
1. 
Impact of the proposed development on the capacity of the city’s water, wastewater, stormwater, parks, or roadway system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.
2. 
Comparison of the capacity of the city’s public facilities systems to be consumed by the proposed development with the capacity to be supplied to such systems by the proposed dedication of an interest in land or construction of capital improvements. In making this comparison, the impacts on the city’s public facilities systems from the entire development shall be considered.
3. 
The study shall be prepared by a registered professional engineer demonstrating that the exaction being required is not roughly proportionate to those required of other development of a similar nature and extent within the city. Such study shall also demonstrate that a waiver or modification of the required exaction shall not result in inadequate public facilities to serve the proposed development.
4. 
Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the city.
d. 
Time for filing appeal and study.
An appeal shall be filed with the responsible official within ten business days from the date the requirement to dedicate land or to construct public improvements for dedication to the public is imposed on the applicant. The study in support of the petition shall be filed within 60 business days of the initial decision, unless the petitioner seeks an extension in writing. The responsible official may extend the time for submitting the study for a period not to exceed an additional 30 business days for good cause shown.
(3) 
Processing of appeals and decision.
a. 
Responsible official.
The city manager is the responsible official for processing a proportionality appeal.
b. 
Evaluation, recommendation.
The city manager shall evaluate the appeal and supporting study and shall make a recommendation to the city council based upon the information contained in the study, any comments received from staff or an engineer retained by the city to evaluate the appeal application submitted to the city. The petitioner shall be responsible for all costs of an engineer retained by the city to evaluate the appeal materials.
c. 
Decision maker.
The city council shall decide the appeal.
d. 
Hearing.
The city council shall conduct a hearing in accordance within 60 business days after the study supporting the petition is submitted to the city manager.
e. 
Burden of proof.
The petitioner bears the burden of proof to demonstrate that the application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the petitioner.
f. 
Decision.
The city council shall consider the petition for relief from a dedication, fee or construction requirement based upon the following criteria:
1. 
The city council shall determine whether the application of the standard or condition requiring dedication of an interest in land for public improvements or construction of capital improvements is roughly proportional to the nature and extent of the impacts created by the proposed development on such city’s water, wastewater, stormwater, parks or roadway system, and reasonably benefits the development.
2. 
In making such determination, the council shall consider the evidence submitted by the applicant, any testimony submitted by the applicant, the city manager, the city engineer or engineer retained by the city and, where the property is located within the city’s extraterritorial jurisdiction, any recommendations from the county.
g. 
Action.
Based on the criteria in subsection (e) of this section, the city council shall, within 30 days following the final submission of any testimony or evidence from the petitioner, take one of the following actions:
1. 
Deny the petition for relief, and impose the standard or condition in accordance with the initial decision; or
2. 
Grant the petition for relief, and waive any dedication or construction requirement to the extent necessary to achieve proportionality.
h. 
Notification of decision on petition.
The petitioner shall be notified of the decision on the petition in writing within ten business days of the decision.
i. 
Effect.
The relief granted on the petition shall remain in effect for the period the plat or related approved development application is in effect, and shall expire upon expiration of the plat or related application. The developer shall be responsible for the following to ensure the facilities provided are adequate:
1. 
Phasing of development or improvements in order to ensure the provision of adequate public facilities;
2. 
Extensions of public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities or roadways;
3. 
Providing and/or 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;
5. 
Making provisions for future expansion of the public facilities as needed to serve future developments, subject to the city’s oversize participation regulations (e.g., when the city will provide for the cost of oversizing facilities), if applicable;
6. 
Providing for all operations and maintenance of the public facilities, or if the city is not the provider, providing proof that a separate entity will be responsible for the operations and maintenance of the facilities;
7. 
Providing all fiscal security, if required, for the construction of the public facilities;
8. 
Obtaining approvals from any applicable utility providers other than the city; and
9. 
Complying with all requirements of utility providers, including the city or other applicable providers.
(c) 
Responsibilities of the developer to conform to adopted plans.
The developer shall ensure that facilities provided are in conformance with the city’s adopted plans, ordinances and regulations.
(1) 
Proposed facilities serving new development shall conform to and be properly related to the public facility 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.
(2) 
The design and construction of all water and wastewater facilities to serve the subdivision shall be in conformance with the city’s master plans for water and wastewater facilities and with the city’s technical specifications.
(3) 
Public improvements that may be required by the city prior to the acceptance of the subdivision by the city shall include, but not be limited to, the following:
a. 
Water and wastewater facilities;
b. 
Stormwater drainage, collection or conveyance facilities;
c. 
Water quality controls;
d. 
Streets;
e. 
Streetlights;
f. 
Street signs;
g. 
Walkways (sidewalks);
h. 
Traffic control devices required as part of the project;
i. 
Parks or open space; and
j. 
Appurtenances to the public improvements set forth in this subsection (c)(3), and any other public facilities required as part of the proposed subdivision.
(4) 
All aspects of the design and implementation of public improvements shall comply with the city’s current design standards and any other applicable city ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in this chapter shall conform to the latest edition of the DCM manual.
(5) 
Changes or amendments to the DCM manual and other construction or design documents. The DCM manual will, from time to time, require revisions and updates to allow for changing construction technology. When changes are required, the DCM manual may be amended by separate action, as provided for in section 32-39(c)(2).
(Ordinance 549, sec. 10.224, adopted 12/22/09)
(a) 
All on-site streets and alleys shall be constructed by the developer at the developer’s expense, unless otherwise allowed by this chapter. If the subdivision is adjacent to a planned or future or substandard arterial or collector street, as shown on the city thoroughfare plan, and derives access, whether direct or indirect, from said roadway, then the developer shall be required to design and construct a reasonable portion of the roadway as well as any required median openings and left turn lanes needed to serve his subdivision as required by sections of this chapter. The city council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction or improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public.
(b) 
All public and private streets and alleys shall be constructed per the specifications in the city’s DCM manual.
(c) 
The arrangement, character, extent, width, grade and location of all streets shall conform to the city thoroughfare plan and DCM manual, and shall be considered in their relation to existing and planned streets or driveways, whether within the city or within its ETJ, or within adjacent municipal or county areas, to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such are required by the city in the public interest, such as to enhance public safety or other public interest. The minimum street and alley paving standards for which the construction shall be performed by the developer are shown in the DCM manual.
(d) 
In addition to the minimum standards mentioned in this section, barrier-free ramps for physically challenged persons shall be constructed at all street corners, driveway approaches, appropriate midblock crosswalks, and in locations where accessible parking spaces are provided. All barrier-free ramps and other accessibility considerations shall comply with section 228 of the Highway Safety Act, as currently amended, and with the Americans with Disabilities Act (ADA), as amended.
(e) 
All signs and barricades shall be in conformity with the DCM manual, with ADA standards, and with specifications for uniform traffic control devices, as adopted by the state department of transportation and the state department of public safety.
(f) 
Approval is required prior to the installation of any driveway connecting to a public street. Minimum distances, as measured from the edge or curb to the edge or curb of driveways, and not from the centerlines of the driveways, between driveway openings shall be required in accordance with the DCM, unless otherwise approved by the city council. Driveways shall not be within the transition or stacking portion of a right turn lane, and shall have minimum distances from an intersecting thoroughfare or arterial street, as measured from the intersecting street’s end of curb radius.
(g) 
Proposed streets shall provide a safe, convenient and functional system for vehicular and pedestrian circulation, shall be properly related to the thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. All streets shall be open and unobstructed at all times. The layout of the street network shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction, thereby helping to reduce stormwater runoff and preserve natural, scenic characteristics of the land.
(h) 
Adequacy of streets and thoroughfares.
(1) 
Responsibility for adequacy of streets and thoroughfares.
The applicant shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city’s cost participation policies on oversized facilities, as applicable.
(2) 
General adequacy policy.
Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the city thoroughfare plan, road classification system, comprehensive plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development.
(3) 
Road network.
New subdivisions shall be supported by a road network having adequate capacity and safe and efficient traffic circulation. The adequacy of the road network for developments of 100 or more dwelling units, or for developments generating 1,000 or more one-way trips per day, or for developments involving collector or arterial streets not appearing on the city’s adopted thoroughfare plan, shall be demonstrated by preparation and submission, prior to or along with the concept plan or preliminary plat application, of a traffic impact analysis prepared in accordance with subsection (j) of this section, which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the city council may require a demonstration of adequacy pursuant to this section for additional phases or portions of the property as a condition of approval for the proposed concept plan or plat. In the event that the applicant submits a traffic impact analysis for an entire phased development project, the city may require an update of the study for later phases of the development. If the concept plan or plat is in conformance with the thoroughfare plan and if the concept plan or plat is for a development of less than 100 dwelling units or for a development generating less than 1,000 one-way trips per day, then a traffic impact analysis is not required.
(4) 
Approach roads and access.
All subdivisions must have at least two points of vehicular access, primarily for emergency vehicles, and must be connected to the city’s improved thoroughfare and street system by one or more approach roads of such dimensions and improved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the density or intensity of the proposed development, if such need is demonstrated by traffic impact analysis.
a. 
The term “two points of vehicular access” means that the subdivision has at least two roads accessing the subdivision from the city’s improved thoroughfare system, and the subdivision has at least two road entrances. The city council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median-divided entrance from the city’s improved thoroughfare system provided that the median extends into the subdivision for an unbroken length of at least 200 feet to an intersecting internal street which provides at least two routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac, and it does not create a “bottleneck” allowing only one emergency route into the interior of the subdivision.
b. 
The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated street as required by applicable zoning or 50 feet, whichever is greater, unless other provisions have been authorized through planned development approval.
(5) 
Off-site improvements.
Where the traffic impact analysis, completed by an engineer at the applicant’s cost, demonstrates the need for such facilities, the applicant shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or related developments. The city may participate in the costs of oversize improvements with the applicant as set out herein, and subject to the city’s cost participation policies on oversized improvements. Notwithstanding anything to the contrary in this chapter the applicant shall not be required to make a contribution to any capital improvements for which an impact fee may be charged under V.T.C.A., Local Government Code ch. 395, unless and until the city adopts an impact fee for those capital improvements.
(6) 
Street dedications.
a. 
Dedication of rights-of-way.
The applicant shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the thoroughfare plan or other valid development plan approved by the city council. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided. However, in some instances more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the city council.
b. 
Perimeter streets.
Where an existing half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the subdivision or addition.
c. 
Slope easements.
The dedication of easements, in addition to dedicated rights-of-way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three feet horizontal run to one foot vertical height, or a 3:1 slope.
(7) 
Street construction.
All streets and thoroughfares shall be constructed and paved to city standards and within rights-of-way as required by the thoroughfare plan and this chapter, and in accordance with the DCM manual and other city standards as may be from time to time adopted.
(8) 
Intersection improvements and traffic control devices. Intersection improvements and traffic control devices shall be installed as warranted in accordance with the traffic impact analysis required by subsection (h)(10)f of this section. Construction and design standards shall be in accordance with city standards and the DCM manual.
(9) 
Phased development.
Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The city council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established, and may require that a traffic impact analysis be submitted for the entire project or such phases as the city council determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares.
(10) 
Private streets.
Subdivisions having private streets may be established only under the terms set forth in this section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the city either as part of this chapter or as separate ordinances or policies. All private streets shall be designed and constructed in accordance with the city’s standards for publicly dedicated streets. The term “private street” shall be inclusive of alleys, if such are to be provided within the subdivision.
a. 
Subdivision eligibility criteria.
Private streets shall be permitted only within a subdivision satisfying each of the following criteria:
1. 
The streets to be restricted to private use are not intended for regional or local through traffic circulation (see subsection (h)(10)b of this section);
2. 
The subdivision is located in an area that is surrounded on at least two sides, meaning at least 50 percent of the perimeter, by natural barriers, such as creeks, floodplains, steep topological slopes, geologic formations or wildlife preserves, or by similar barriers created by man, such as a golf course or linear park. Non-qualifying barriers include screening walls, roadways, manmade drainage ditches or berms, utility easements and rights-of-way;
3. 
The subdivision is not located adjacent to an existing or approved public street subdivision that can be reasonably connected, even though the street connection would require construction of a bridge or culvert. In that instance, the two subdivisions shall be connected as public street subdivisions unless the bridge or culvert would be so expensive as to be impractical or unfeasible;
4. 
A mandatory property owners’ or homeowners’ association, which includes all property to be served by the private streets, will be formed (see subsection (h)(10)e of this section and section 32-118); and
5. 
The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the city council.
b. 
Certain streets excluded.
Roads or streets that are shown on the city thoroughfare plan, such as highways, major or minor thoroughfares or arterials, or collectors, shall not be used, maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the commission and the city council may deny the creation of any private street if, in their sole judgment, the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles.
c. 
Access onto public thoroughfare.
A private street subdivision shall provide a minimum of 80 feet of access frontage on a public collector or arterial street for subdivision entrances in order to accommodate a median-divided entrance with appropriate vehicle stacking, queuing and turnaround area. Primary access into a private street subdivision shall be from a major collector, which has a minimum right-of-way of 80 feet, or from a larger roadway, as shown on the city thoroughfare plan. Restricted access entrances shall not be allowed from residential collector streets, minor residential or local streets, or from alleys or private driveways or parking lots. No more than two gated street entrances may intersect a thoroughfare within any one mile segment.
d. 
Parks, greenbelts and wildlife preserves excluded.
A private street subdivision shall not cross or interfere with public access to or enjoyment of an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the city’s parks and open space master plan or as already dedicated for public use.
e. 
Property owners’ or homeowners’ association required.
Subdivisions developed with private streets shall have a mandatory property owners’ association that includes all property and lots served by the private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The association documents shall be reviewed and approved by the city manager and the city attorney to ensure that they conform to these and other applicable city rules and regulations. The documents shall be filed of record with the county clerk prior to final plat approval in order to ensure that there is an entity in place for long-term maintenance of private streets and appurtenances. The association may not be dissolved without the prior written consent of the city council. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the city council. The city will not assist in enforcing deed restrictions.
f. 
Private street lot.
Private streets must be constructed within a separate lot owned by the property owners’ association. This lot must conform to the city’s standards for public street rights-of-way. An easement covering the street lot shall be granted to the city providing unrestricted access to and use of the property for any purpose deemed necessary by the city. This right shall also extend to all utility providers operating within the city and to other necessary governmental service providers, such as the U.S. Postal Service. The easement shall also permit the city to remove any vehicle or obstacle within the street lot that may impair emergency access.
g. 
Construction and maintenance cost.
The city shall not pay for any portion of the cost of constructing or maintaining a private street.
h. 
Infrastructure and utilities.
Any public water, sewer and drainage facilities, street lights, and traffic control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to city standards. All private traffic control devices and regulatory signs shall conform to the “Texas Manual of Uniform Traffic Control Devices,” as amended, and to city standards. All city regulations relating to infrastructure financing, developer cost participation, and capital cost recovery shall apply to developments with private streets, with the exception of those applying to street construction. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized locations. Gang-box style metering stations shall not be permitted.
i. 
Plans and inspections.
Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. city requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The city may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.
j. 
Restricted access.
The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained by the city. Guard houses, access control gates, and cross arms, if used, shall be constructed per subsection (h)(10)k of this section. All restricted access entrances must be manned 24 hours every day, or they must provide a reliable, alternative means of ensuring city and emergency access to the subdivision, preferably with an Opticom-type system for emergency access by the city and other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure city and emergency access into the subdivision shall be approved by the city council and by all applicable emergency services providers prior to engineering release for construction of the development. If the association fails to maintain reliable access as required herein, the city may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. The association documents shall contain provisions in conformity with this section which may not be amended without the written consent of the city council.
k. 
Access restricted entrance design standards.
Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet at the location of the gate or access control device, both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must be a minimum of 14 feet in height above the road surface, and this clearance height shall be extended for a minimum distance of 50 feet in front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of 100 feet shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad or telephone or a guard’s window. Adequate distance shall be provided between the access request points and the entry barrier or gate, to accommodate a vehicle turnaround as described in this subsection (h)(10)k. A paved turnaround space must be located in front of any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up, particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:
1. 
Larger passenger vehicles, such as vans and pick-up trucks;
2. 
Passenger vehicles with short trailers up to 24 feet in length, such as small flatbed, camping or box-type trailers; and
3. 
The types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development, such as utility service vehicles, postal or UPS delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies.
The city manager, the commission, or the city council may require submission of additional drawings, plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry roadway or on the adjacent public streets. A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the city manager and the city engineer along with the engineering plans for the subdivision, and must be approved by the city council along with approval of the preliminary plat.
l. 
Waiver of services.
The subdivision final plat, property deeds and property owners’ association documents shall note that certain city services shall not be provided for private street subdivisions. Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services, such as sanitation, also may not be provided.
m. 
Petition to convert to public streets.
The property owners’ association documents shall allow the association to petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the city be obligated to accept said streets as public. Should the city elect to accept the streets as public, then the city has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the city’s acceptance of the streets. The city shall be the sole judge of whether repairs are needed. The city may also require, at the association’s or the lot owners’ expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot or within any other common area. The association documents shall provide for the city’s right to such removal and assessment. Those portions of the association documents pertaining to the subject matter contained in this section shall not be amended without the written consent of the city council.
n. 
Hold harmless.
On the subdivision final plat shall be language whereby the property owners’ association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the city, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury, including death, arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the city or governmental or utility entity. This plat language is available from the city.
(i) 
Escrow policies and procedures.
(1) 
Request for escrow.
Whenever this chapter requires a property owner to construct a street or thoroughfare, or other type of public improvement, the applicant may, if unusual circumstances exist, such as a timing issue due to pending roadway improvements by another agency such as TxDOT, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the city to construct the street or thoroughfare, at a later date, in exchange for deposit of escrow as established in this section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the city manager may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The city council shall review the particular circumstances involved, and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner’s obligation to construct the street or thoroughfare with his development. A traffic impact analysis may be required to facilitate the city council’s deliberations on the matter.
(2) 
Escrow deposit with the city.
Whenever the city council agrees to accept escrow deposits in lieu of construction by the owner of the property under this chapter, the applicant shall deposit in escrow with the city an amount equal to his share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate and realistic inflation factor to ensure that the actual “future dollar” costs will be covered when actual construction occurs in the future. Such amount shall be paid prior to release of engineering plans by the city engineer. The obligations and responsibilities of the applicant shall become those of the applicant’s transferees, successors and assigns; and the liability therefore shall be joint and several.
(3) 
Determination of escrow amount.
The amount of the escrow shall be determined by using the maximum comparable turn-key bid price of construction of the improvements, including design, permits reviews and approvals, inspections and any additional land acquisition that may be needed. Such determination of the escrow amount shall be made as of the time the escrow is due hereunder.
(4) 
Termination of escrow.
Escrows which have been placed with the city under this section and which have been held for a period of ten years from the date of such payment or agreement, in the event that the city has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the applicant, with accrued interest. Such return does not remove any obligations of the applicant for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.
(5) 
Refund.
If any street or highway for which escrow is deposited is constructed by a party other than the city, or is reconstructed by another governmental authority at no cost to the city, the escrowed funds and accrued interest shall be refunded to the applicant or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the city and the other portion of the cost by another party or governmental authority, the difference between the applicant’s actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.
(6) 
Interest limitation.
If money is refunded within six months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent less than the rate of actual earnings.
(j) 
Traffic impact analysis.
Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the city thoroughfare plan, or involving a development of 100 or more dwelling units, or for developments generating 1,000 or more one-way trips per day, must be preceded by submission and approval of a traffic impact analysis as specified in subsection (f) of this section, sealed by an engineer and shall be solely at the applicant’s cost. Failure to provide for such approval prior to submission of a preliminary plat, or concurrently with the preliminary plat application, shall be grounds for denial of the plat application.
(k) 
Required components of traffic impact analysis.
Whenever this chapter requires submission of a traffic impact analysis, the following elements shall be included:
(1) 
General site description.
The traffic impact analysis shall include a detailed description of the roadway network within one mile of the site, a description of the proposed land uses, the anticipated stages of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items:
a. 
All major intersections;
b. 
All proposed and existing ingress and egress locations;
c. 
All existing roadway widths and rights-of-way;
d. 
All existing traffic signals and traffic control devices; and
e. 
All existing and proposed public transportation services and facilities within a one mile radius of the site.
(2) 
Proposed capital improvements.
The traffic impact analysis shall identify any changes to the roadway network within one mile of the site that are proposed by any government agency or other developer. This description shall include the items set forth in subsection (k)(1) of this section, as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development.
(3) 
Roadway impact analysis.
a. 
Transportation impacts.
1. 
Trip generation.
The average weekday trip generation rates (trip ends), the average weekend trip generation rates, for uses other than residential or institutional, the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates, for uses other than residential or institutional, for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the city manager and the city engineer.
2. 
Trip distribution.
The distribution of trips to arterial and collector roadways within the study area identified in subsection (j)(1) of this section, general site description above shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments, if applicable; the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to subsection (j)(1) of this section.
b. 
Adequacy determination.
The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development.
(4) 
Intersection analysis.
a. 
Level of service analysis.
For intersections within the roadway traffic impact analysis area described in subsection (j) of this section, general site description, a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified the city manager. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The city may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage and typical size of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.
b. 
Adequacy analysis.
The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits.
(5) 
Effect of adequacy determination.
If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in subsection (j) of this section that would cause the roadway to fall below the level of service required herein, the proposed development shall be denied unless the developer agrees to one of the following conditions:
a. 
The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;
b. 
A reduction in the density or intensity of development;
c. 
The dedication or construction of facilities needed to achieve the level of service required herein; or
d. 
Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development.
(Ordinance 549, sec. 10.225, adopted 12/22/09)
(a) 
When a proposed subdivision, whether residential or nonresidential, abuts on one or both sides of an existing substandard street, or on a planned or future road as shown on the thoroughfare plan, being substandard according to the then existing current thoroughfare plan, the developer shall be required to improve the existing on-site facility as that term is defined herein, including appurtenant walkways, screening and landscaping, storm sewers, water quality controls, and other utilities as defined in this chapter, to bring the same to city standards, or to replace it with a standard city street as determined to be roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under V.T.C.A., Occupations Code ch. 1001, retained by the city, at the applicant’s cost.
(b) 
The applicant may dispute the determination made by the engineer retained by the city and may submit a written appeal to the city in accordance with section 32-76(b).
(c) 
Streets that dead-end at power lines or similar rights-of-way or easements, and that are intended for future extension across these rights-of-way or easements, shall be constructed in the right-of-way or easement for half the distance across the right-of-way or easement, and shall be further restricted as set forth in this section. As with any other deadend street, a note shall be placed on the final plat clearly labeling the dead-end streets that will, at some point, be extended across the power line easement, or right-of-way, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage size and lettering shall be large enough to be legible by a person with normal vision at a distance of 20 feet.
(d) 
Notwithstanding anything to the contrary in this chapter the applicant shall not be required to make a contribution to any capital improvements for which an impact fee may be charged under V.T.C.A., Local Government Code ch. 395, unless and until the city adopts an impact fee for those capital improvements.
(Ordinance 549, sec. 10.226, adopted 12/22/09)
(a) 
For streets that are not shown on the city thoroughfare plan, such as local residential streets, the arrangement of such streets within a subdivision shall:
(1) 
Provide for the continuation or appropriate projection of existing streets from or into surrounding areas;
(2) 
Conform to a plan for the neighborhood approved or adopted by the city council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;
(3) 
Provide for future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and
(4) 
Not conflict in any way with existing or proposed driveway openings.
(b) 
Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent subdivisions. Wherever the right-of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots and shall not occur within the street intersection. In other words, the right-of-way width shall be the same on both sides of the street intersection.
(c) 
Where a subdivision abuts or contains an existing or proposed arterial street, the city council may require marginal access streets, reverse frontage lots, which back onto the arterial, deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(d) 
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed by the city under conditions approved by the city council.
(e) 
Intersecting, undivided streets with centerline offsets of less than 150 feet shall be avoided. Intersecting streets onto an existing or future divided roadway must be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes, with required transition and stacking distances, onto each divided roadway.
(f) 
Major thoroughfare intersections shall be at 90-degree angles and tangents to the intersecting street for at least 50 feet. Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than 80 degrees.
(g) 
Street right-of-way widths shall be as shown on the thoroughfare plan and as defined by the corresponding roadway cross sections in the comprehensive plan.
(h) 
Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this chapter and the thoroughfare plan, and where the city council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The city council may also find that it would be more practical, or cost effective, to delay construction of the other half of a street until when the adjoining property is developed. If the applicant is responsible for one-half of the street, then the applicant shall either construct the facility along with his development or shall provide escrow for the construction cost of his share of the facility unless the city participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street’s ultimate planned width. Improvements shall be made to all on-site facilities as defined in section 32-10.
(i) 
The maximum length of any block or street segment shall be 2,000 feet and the minimum length of any block or street segment shall be 500 feet, as measured along the street centerline and between the points of intersection with other through, not dead-end or cul-de-sac streets.
(j) 
A cul-de-sac street shall not be longer than 600 feet, and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least 80 feet and a right-of-way diameter of at least 100 feet. The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac bulb.
(k) 
The commission may recommend, and the city council may approve, exceptions for overlength streets or culs-de-sac, whether temporary or permanent, upon considering the following:
(1) 
Alternative designs which would reduce street or cul-de-sac length;
(2) 
The effect of overlength streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in traveling to and from their homes; and
(3) 
Means of mitigation, including but not limited to additional mid-block street connections, limitation on the number of lots to be served along an overlength street segment or cul-de-sac, temporary or permanent points of emergency access, and additional fire protection measures.
(l) 
Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than one lot per side can front onto the dead-end street stub unless a temporary turnaround bulb, with an off-site easement, is provided at the end. A temporary dead-end street shall not exceed 600 feet in length, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in subsection (j) of this section. The city manager may authorize the use of asphalt or other durable paving material than concrete for the arc, or “wing,” portions of the temporary turnaround bulb in order to minimize the cost of removing those portions later on. A note shall be placed on the final plat clearly labeling any dead-end streets, if any, that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a 20-foot distance. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off site or established by separate instrument.
(m) 
New streets which extend existing streets shall bear the names of the existing streets, and shall be dedicated at equal or greater right-of-way widths than the existing streets.
(n) 
Construction of new streets.
All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth in the DCM manual at the time at which the preliminary plat application is officially submitted and deemed a complete application.
(o) 
Points of access.
All subdivisions shall have at least two points of access from improved public roadways, as required by section 32-77(h)(4). All residential developments shall provide no less than one entrance for every 50 lots, or portion thereof, including dead-end stubbed streets that will eventually provide connections into adjacent future developments and thence to an existing arterial or collector street. Driveway access onto roadways shall be provided and designed in accordance with the DCM manual and construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application.
(p) 
Streets will be constructed in accordance with the DCM manual and construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application.
(Ordinance 549, sec. 10.227, adopted 12/22/09)
(a) 
Service alleys in nonresidential districts, if provided or constructed by the applicant, shall be a minimum right-of-way width of 25 feet and a pavement width of 15 feet unless they must serve as fire lanes, which requires a minimum pavement width of 24 feet, as dedicated fire lane easements on the final plat.
(b) 
In the interest of reducing stormwater runoff and resultant erosion, sedimentation and conveyance of nonpoint source pollutants, residential alleys shall be discouraged in the city and its extraterritorial jurisdiction, and shall only be required in instances where a subdivision must connect into existing alleys for the purpose of providing continuity or convenience. If alleys are constructed or required, the following standards shall be met:
(1) 
In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street.
(2) 
Alleys in residential districts shall provide a minimum of 15 feet of right-of-way and ten feet of pavement.
(c) 
General design standards for alleys.
(1) 
Alleys shall be paved in accordance with the DCM manual and construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application.
(2) 
Where the deflection of alley alignment occurs, the design of the paving and property line shall be as established by the DCM manual.
(3) 
Dead-end or “hammerhead” alleys shall not be allowed. Alleys must have adequate turnouts and street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end alley situation is unavoidable, a temporary turnaround bulb or turnout onto a street, either of which will need a temporary easement for street or alley purposes, shall be provided as determined by the city engineer.
(4) 
Alleys may not exceed a maximum length of 2,000 feet, as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets at the right-of-way line of the street at the alley entrance. The commission may recommend, and the city council may approve, variances for overlength alleys upon consideration of the following:
a. 
Alternative designs which would reduce alley length;
b. 
The effect of overlength alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in accessing rear driveways and in driving around to the front of their homes; and
c. 
Means of mitigation, including but not limited to additional mid-block alley turnouts, limitation on the number of lots to be served along a single alley segment, temporary points of access, and additional fire protection measures.
(5) 
Alley intersections shall be perpendicular and at a 90-degree angle, and intersection pavement shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided. No alley intersection serving more than four directions shall be allowed.
(Ordinance 549, sec. 10.228, adopted 12/22/09)
(a) 
The minimum width for utility easements shall depend on the needs generated by the development and to adequately service the development. The minimum width for city drainage easements shall be as required by the city engineer or manager. The width of easements for other utility providers, such as for gas, electric, telephone or cable TV, shall be as required by that particular entity. It shall be the applicant’s responsibility to determine appropriate easement widths required by all utility companies.
(b) 
Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the city engineer, subject to determination according to proper engineering considerations. Federal Emergency Management Agency (FEMA) designated special flood hazard area shall be designated as a floodplain easement and shall conform to any other FEMA requirements. Parallel streets or parkways may be required adjacent to certain portions of creek or drainageways to provide maintenance access or access to recreation areas. Other utilities may be permitted within the drainage easement if approved by the city engineer.
(c) 
A lot’s area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area one-half of the required minimum lot size or as established by chapter 40, zoning, whichever is more restrictive. If the city disputes the buildable area of any lot, the applicant shall submit verification in writing that the buildable area is adequate for the type of housing product or nonresidential building proposed for that lot.
(d) 
A minimum ten-foot-wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities.
(e) 
For new development, all necessary on-site easements shall be a minimal width as determined by the utility or the city, shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity, for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the city and its fire suppression and emergency medical service providers for access purposes; an electrical, gas or telephone easement, which is dedicated to the specific utility provider that requires the easement.
(Ordinance 549, sec. 10.229, adopted 12/22/09)
(a) 
The length, width and shapes of blocks shall be determined with due regard to:
(1) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated.
(2) 
Zoning requirements as to lot sizes, setbacks and dimensions.
(3) 
Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site within the neighborhood.
(b) 
Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed 2,000 feet in length. Where no existing subdivision or topographical constraints control, the blocks shall not be less than 500 feet in length; however, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased, through issuance of a variance by the city council with plat approval, to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.
(Ordinance 549, sec. 10.230, adopted 12/22/09)
(a) 
Pedestrian concrete walkways (sidewalks) not less than four feet wide may be required within a residential subdivision, on at least one side of residential and collector streets, and walkways not less than five feet wide shall be provided within all nonresidential developments and along all perimeter roadways, for both residential and nonresidential developments, as set forth in the DCM manual. The commission shall recommend, and the city council shall determine, if walkways are required at the time of preliminary plat approval. Walkways shall be constructed within the street right-of-way, one foot away from the right-of-way line, and at least four feet away from the street curb, and shall be installed prior to acceptance of the subdivision by the city and prior to final plat approval, unless surety is provided, as required by this chapter. A certificate of occupancy will not be issued for any lot within the subdivision until the required walkways are in place. In certain instances, the city council may, at its sole discretion, approve placement of the walkway adjacent to the curb provided that such placement benefits the general public by allowing more space for landscaping, such as for street trees, screening shrubs, and decorative walls and fences, and provided that the width is increased to a minimum of five feet of walkway pavement.
(b) 
The cost and provision of any perimeter walkways, such as along major thoroughfares, may be escrowed as a part of a developers agreement if approved by the city council. The city has the right, but not the obligation, to refuse escrow and to require paving of the walkways if, in its sole opinion, immediate provision of the walkways is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety or welfare.
(Ordinance 549, sec. 10.231, adopted 12/22/09)
(a) 
Lots shall conform to the minimum requirements of the established zoning district, except as noted in subsection (g) of this section.
(b) 
Each lot shall abut a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this chapter. Lot width and access shall conform with the provisions of chapter 40, zoning, the comprehensive plan and any other applicable city regulation or ordinance. Lot access onto highway, arterial and collector streets is subject to approval by the city council, which may require a traffic study or other information prior to approval of the preliminary plat in order to fully study all access issues. In all cases, lots shall have a minimum of 50 feet of frontage along a dedicated, improved street.
(c) 
Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district, and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present. The city shall determine if all building lines conform with this and all city ordinances.
(d) 
Side lot lines shall be approximately at right or 90-degree angles, or radial to street right-of-way lines.
(e) 
Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side. Screening shall be provided in accordance with section 32-142.
(f) 
Double frontage lots in residential subdivisions will not be allowed without providing appropriate screening, in accordance with section 32-142.
(g) 
Lots that utilize septic tanks for wastewater disposal shall be at least the minimum size required by the on-site sewage facilities rules.
(h) 
Flag lots shall be prohibited and may only be approved as an exception by the city council.
(Ordinance 549, sec. 10.232, adopted 12/22/09)
(a) 
For purposes of this section, the following meanings shall apply:
Feeder or feeder/lateral line
means high-voltage supply electric lines carrying more than 69,000 volts that emanate from substations used to distribute power through an area to an unspecified number of customers.
Lateral lines
means those electric lines used to distribute power from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse.
Service lines
means those electric lines used to connect between the utilities’ supply system or lateral lines and the end user’s meter box.
Utility services
means the facilities of any person providing electric, natural gas, telephone, cable television, or any other such item or service for public use approved but not provided by the city.
(b) 
All subdivision plats and engineering plans submitted to the city for approval shall provide for utility services such as electrical, gas, telephone and cable TV utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate easements. However, an applicant shall endeavor and, whenever practical, the city shall require that feeder lines are placed away from major or minor thoroughfares or arterials, as shown on the thoroughfare plan. Whenever practical, feeder lines that are to be placed overhead shall not be placed along both sides of the street right-of-way. Verification of acceptance of easement locations and widths by the public utilities shall be provided to the city, by the applicant, prior to final plat approval by the city council, and all easements shall be reviewed by the utility companies and by the city engineer, for those to the city, prior to granting final approval for any residential subdivision affected by this section. The applicant shall also, prior to final plat approval, provide a letter of commitment from each utility provider, such as those providing electricity, gas, telephone and cable television, who will serve the development that said utility providers will ensure the provision of necessary infrastructure and service to all portions of the proposed development within 18 months following final plat approval. Failure to submit such letters of commitment from utility providers shall constitute grounds for denial of the final plat application on the basis that there is no written assurance that the development can be served by essential utility services.
(c) 
Each of the utility companies shall be responsible for developing administrative policies, criteria for easement size, and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the property owner in accordance with the provisions of such utility’s approved tariff. No utility company shall be required or permitted to begin construction of underground facilities unless and until the property owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities.
(d) 
All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, shall be pad- or ground-mounted, or shall be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad- or ground-mounted utility equipment shall be completely screened from view of any public roadway, and shall not be located within any required visibility area, such as at street intersections or corners or at driveway openings.
(e) 
Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or special exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed.
(f) 
Nothing in this section shall be construed to require any existing facilities in place, prior to the effective date of the ordinance from which this chapter is derived, to be placed underground.
(g) 
The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served and not grouped together in a centralized location. Gang-box style metering stations shall not be permitted, unless otherwise approved by the city.
(h) 
The locations, widths and configurations of easements for any utility service provider other than the city shall be determined, approved and acquired, if necessary, by the applicable utility service provider.
(Ordinance 549, sec. 10.233, adopted 12/22/09)
(a) 
The design and construction of the water system and of the sanitary sewer system to serve the subdivision shall be in conformance with this chapter, the DCM manual, and all applicable local, state and federal regulations.
(b) 
No final plat shall be approved for any subdivision within the city or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided.
(c) 
Water supply.
Water satisfactory for human consumption shall be available to each lot in the proposed subdivision in sufficient supply for the intended uses on each lot within the subdivision.
(d) 
Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate domestic water supply and to furnish fire protection to all lots shall be provided. Water lines shall extend to the property line, in order to allow future connections into adjacent undeveloped property, and a box for the water meter for each lot shall be installed either in the right-of-way or immediately adjacent to the right-of-way in an easement. The applicant shall be responsible for securing at their own costs all necessary easements for the utilities.
(e) 
Services for utilities shall be made available to the property line of each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structure when connections are made.
(f) 
Water required for public safety.
All lots, tracts or parcels, subdivisions on which new development is proposed shall be connected to a public water system, which is capable of providing water for domestic use and emergency purposes, including adequate fire protection. The design and construction of water system improvements and fire protection and suppression system shall comply with the following standards:
(1) 
Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ.
(2) 
Design and construction of a water source from the city shall be in accordance with the standards in the DCM manual, or other applicable regulation of the city.
(3) 
Design and construction of a fire protection system shall be in accordance with the standards in the DCM manual, and in accordance with the city’s fire code and fire department serving the site.
(g) 
All new subdivisions shall be served by an approved means of wastewater collection and treatment. The design and construction of the wastewater system improvements shall comply with the following standards:
(1) 
Design and construction of on-site waste disposal systems shall comply with the on-site sewage facility rules if within the corporate limits, and with the requirements of LCRA and the county if within the ETJ, and with the DCM manual.
(2) 
Design and construction of a central off-site wastewater collection and treatment system shall be in accordance with the standards of the city and with the standards of the TCEQ, if applicable.
(h) 
If the applicant proposes phasing the development, the applicant shall be responsible for:
(1) 
Phasing of development or improvements in order to maintain adequate fire protection and water and wastewater services;
(2) 
Providing proof to the city of adequate water and wastewater service;
(3) 
Providing all fiscal security required for the construction of the utilities infrastructure;
(i) 
Location; performance guarantees.
(1) 
Subdivision construction plans.
The location of all fire hydrants, all water and wastewater infrastructure improvements, indicating all improvements proposed to be served shall be shown on the subdivision construction plans and shall be in accordance with the rules and regulations of the city, if applicable.
(2) 
Cost.
The cost of installing all fire, water and wastewater infrastructure improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer.
(3) 
Location of lines.
Extension of water and wastewater lines shall be made along the entire frontage of the plat adjacent to a street or thoroughfare.
a. 
If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions.
b. 
If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the utility manager and city manager, or designee may waive the requirement for construction of utility lines adjacent to or extending utility lines to beyond the subdivision at the time of final plat approval and prior to construction of the subdivision.
(4) 
Compliance with other regulations.
Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ, LCRA and with any other applicable state rules and regulations, whichever is the most stringent requirement.
(j) 
Outside the city water and sewer service requirements.
(1) 
This section applies to any plat application in which retail water and sewer service will be requested to be provided by the city to property that is located, in whole or in part, outside the corporate limits of the city.
(2) 
All applicants located in whole or in part outside the corporate limits of the city, shall comply with the city’s utility extension ordinance.
(3) 
Any customer receiving utility services outside the city limits may not maintain connection to the city’s water or sewer system or connect to the city’s water or sewer system unless the customer is in compliance with the applicable city ordinances. Customers receiving water and sewer service must at all times be in compliance with state law, the city’s plumbing code, the city’s pretreatment requirements, and this and other city ordinances relating to the provision of water and sewer service. Any customer failing to be in compliance or refusing reasonable requests for inspection of facilities connected or to be connected to the city’s utilities may be disconnected or declined services.
(4) 
Any plat that is located outside the corporate limits of the city shall include the following statement:
“THE PROPERTY OWNER(S) UNDERSTANDS AND AGREES THAT ALL ORDINANCES OF THE CITY (AS NOW WRITTEN AND AS HEREINAFTER AMENDED) RELATING TO WATER AND SEWER SERVICE OR TO PLUMBING MATTERS, INCLUDING BUT NOT LIMITED TO CROSS CONNECTION AND BACKFLOW PROTECTION REQUIREMENTS, AND PRETREATMENT REQUIREMENTS, AND INCLUDING ORDINANCES THAT IMPOSE CRIMINAL SANCTIONS, APPLY TO WATER AND SEWER SERVICES PROVIDED BY THE CITY TO PROPERTY OUTSIDE OF THE CORPORATE LIMITS. THE PROPERTY OWNER(S) ALSO UNDERSTANDS AND AGREES THAT THE CITY MAY SUSPEND OR DISCONNECT SUCH SERVICES IN THE EVENT THAT THE PROPERTY OWNER OR ANY OTHER PERSON AT THE PREMISES TO BE SERVED FAILS TO COMPLY WITH SUCH ORDINANCE. THE PROPERTY OWNER(S) ALSO UNDERSTANDS THAT ANY PROPERTY CONNECTED TO THE CITY’S WATER OR SEWER SYSTEM, OR BOTH, WILL BE ANNEXED BY THE CITY AT SUCH TIME THAT IT IS LEGALLY POSSIBLE FOR THE CITY TO ANNEX THE PROPERTY AND WHEN THE CITY COUNCIL DETERMINES IT TO BE IN THE BEST INTEREST OF THE CITY.”
(5) 
No water and sewer service application shall be accepted by the city and no new retail water and sewer service shall be provided at property located in whole or in part outside the corporate limits of the city unless a completed and signed application is submitted to the city that meets the requirements described in the city’s utility extension ordinance, and the applicant has complied with the following requirements:
a. 
The person has paid the prescribed water and sewer connection and plumbing code inspection fees and impact fees if applicable, and has presented to the city manager, written evidence from the appropriate plumbing official that the plumbing system at the premises to be served has been inspected by the city and is in compliance with the city’s plumbing code;
b. 
The person has complied with the city’s utility facilities extension requirements, if necessary; and
c. 
The person has submitted a written request to be annexed into the corporate limits of the city. If the property is not contiguous to the city limits, the written request must be submitted, but will not be effective, until such time as the property is contiguous to the city limits. Such request shall be filed in the deed records, shall run with the land and be binding on subsequent property owners.
(Ordinance 549, sec. 10.234, adopted 12/22/09)
(a) 
An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions or inadvertent stormwater retention, such as standing or pooling water, will not be considered for development until adequate drainage has been provided.
(b) 
System design requirements. Drainage improvements shall accommodate runoff from the upstream drainage area, and shall be designed to prevent overloading the capacity of the downstream drainage system. The city may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No stormwater collection system shall be constructed unless it is designed in accordance with the DCM manual, NPS regulations, and construction standards by a licensed professional engineer, and unless it is reviewed by the city manager or city engineer and approved by the city council. All plans submitted to the city for approval shall include a layout of the drainage system together with supporting calculations for the design of the system.
(c) 
Each proposed stormwater conveyance improvement must be sufficiently constructed of materials and of a design to resist:
(1) 
External pressure caused by earth or building; and
(2) 
Internal pressure or abrasion caused by water or debris.
(d) 
The proposed improvements will not permit water to gather in a pool that may become stagnant.
(e) 
The proposed development will not result in additional identifiable adverse flooding on the subject property or other property; and to the greatest extent feasible, preserves the natural and traditional character of the land and the waterway.
(f) 
All erosion and sedimentation controls shall conform to the DCM manual.
(g) 
No person shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainageway without first obtaining written permission of the city engineer and any other applicable agency having jurisdiction. The city may require preparation and submission of a FEMA or flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer.
(h) 
In order to help reduce stormwater runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.
(i) 
All stormwater retention or detention facilities which are not located underground shall be designed using materials and techniques as established in the comprehensive plan.
(j) 
The owner or developer of property to be developed is responsible for the conveyance of all stormwater flowing through the property, including stormwater that:
(1) 
Is directed to the property by other developed property; or
(2) 
Naturally flows through the property because of the topography.
(k) 
Future upstream development shall be accounted for as determined under the design criteria manual (DCM) or drainage criteria manual, as may be adopted by the city.
(l) 
If the construction or improvement of a storm drainage facility is required along a property line that is common to more than one property owner, the owner proposing to develop the property is, at the time the property is developed, responsible for each required facility on either side of the common property line.
(m) 
The responsibility of the owner proposing to develop the property includes the responsibility to dedicate or obtain the dedication of any right-of-way or easement necessary to accommodate the required construction or improvement of the storm drainage facility.
(n) 
If an owner of property proposes to develop only a portion of that property, a stormwater drainage facility to serve that portion of the property proposed for immediate development or use is required, unless the director determines that construction or improvement of a drainage facility outside that portion of the property to be developed is essential to the development or use of the property to be developed.
(o) 
The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build up of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, at the 11th month of the second year for the required two-year maintenance bond for the applicable facilities. The city shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.
(Ordinance 549, sec. 10.235, adopted 12/22/09)