3.1
a.
The arrangement, character, extent, width, grade and location of all streets shall conform to the City of Forney’s Thoroughfare Plan and EDS, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Forney, within its ETJ area 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). All streets shall be constructed in accordance with Section 5 and with the EDS.
b.
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.
c.
Adequacy of Streets and Thoroughfares.
1.
Responsibility for Adequacy of Streets and Thoroughfares.
The property owner shall assure 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.
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’s 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 one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more “one-way” trips per day or for developments involving collector and/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 land study or preliminary plat application) of a traffic impact analysis prepared in accordance with subsection (f), Traffic Impact Analysis, 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 land study 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 land study/plat is in conformance with the Thoroughfare Plan and if the land study/plat is for a development of less than one hundred (100) dwelling units or for a development generating less than one thousand (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 (2) 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 approved 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)
“Two (2) points of vehicular access” shall be construed to mean that the subdivision has at least two (2) roads accessing the subdivision from the City’s improved thoroughfare/street system (i.e., 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/street system provided that the median extends into the subdivision for an unbroken length of at least one hundred feet (100') to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision (i.e., the street is not a dead-end or cul-de-sac, and does not create a “bottleneck” allowing only one emergency route into the interior of the subdivision). (Also see Section 3.1 u.)
(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 if no such requirement exists, minimum frontage of 35'), unless other provisions have been authorized through planned development approval.
5.
Off-Site Improvements.
Where traffic impact analysis demonstrates the need for such facilities, the property owner 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 subdivider as set out herein, and subject to the City’s cost participation policies on oversized improvements.
6.
Street Dedications.
(a)
Dedication of Right-of-Way.
The property owner 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 plans approved by 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 (i.e., as in 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 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 (3') horizontal run to one foot (1') vertical height (i.e., 3:1 slope).
7.
Street Construction.
All streets and thoroughfares shall be constructed of reinforced concrete to City standards and within rights-of-way as required by the Thoroughfare Plan and these Regulations, and in accordance with the EDS and/or other City standards as may be from time to time adopted.
8.
Intersection improvements and traffic-control devices shall be installed as warranted in accordance with the traffic impact analysis required by subsection (f). Construction and design standards shall be in accordance with City standards and the EDS.
9.
Phased Development.
Where a subdivision is proposed to occur in phases, the subdivider, 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 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 Council determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares.
10.
(Reserved)
d.
Escrow Policies and Procedures.
1.
Request for Escrow.
Whenever these regulations require a property owner to construct a street or thoroughfare (or other type of public improvement), the property owner may petition the City to construct the street or thoroughfare 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 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 determine whether escrow is to be accepted in lieu of the obligation to construct the street or thoroughfare.
2.
Deposit With the City.
Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. Such amount shall be paid prior to release of construction plans by the City. The obligations and responsibilities of the property owner shall become those of property owner’s transferees, successors and assigns; and the liability therefor shall be joint and several.
3.
Determination of Escrow Amount.
The amount of the escrow shall be determined by using the average of several comparable bids that were awarded by the City in the preceding six (6) months or if none exist, then in the preceding year or if none exist, by using current costs of construction as determined by an estimate by the City. Such determination 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 which have been held for a period of ten (10) 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 property owner with accrued interest. Such return does not remove any obligations of the owner 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 property owner or developer 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 owner’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 (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent (1%) less than the rate of actual earnings.
e.
Any land study or plat involving a significant change to a proposed roadway alignment from that shown on the City of Forney’s Thoroughfare Plan (or involving a development of one hundred (100) or more dwelling units, or for developments generating one thousand (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) below. Failure to provide for such approval prior to submission of a land study or preliminary plat (or concurrently with the land study/preliminary plat applications) shall be grounds for automatic denial.
f.
Traffic Impact Analysis.
Whenever these regulations (or the City, in unique instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety and/or welfare, such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles) require submission and City approval 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 (1) mile of the site, a description of the proposed land uses, the anticipated states of construction and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site.
2.
Proposed Capital Improvements.
The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width and/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 (or designee) and/or the City Engineer of the City of Forney.
(2)
Trip Distribution.
The distribution of trips to arterial and collector roadways within the study area identified in subsection 3.1 f.1 (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 3.1 f.1 above.
(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 and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service “C” or above.
4.
Intersection Analysis.
(a)
Level of Service Analysis.
For intersections within the roadway traffic impact analysis area described in subsection 3.1 f.1 herein (General Site Description), a level of service analysis shall be performed for all arterial/arterial, arterial/collector and collector/collector intersections, and for any other pertinent intersections identified by City staff. 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 at level of service “C” or above.
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 3.1 f.1 herein that would cause the roadway to fall below the level of service required hereto, 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 and/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.
g.
Arrangement of Streets Not Shown on the Thoroughfare Plan.
For streets that are not shown on the City’s Thoroughfare Plan (e.g., 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 to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;
3.
Provide for future access (i.e., provide stubbed streets for future extension) to adjacent vacant areas which will likely develop under a similar zoning classification and/or for a similar type of land use; and
4.
Not conflict in any way with existing or proposed driveway openings.
5.
A minimum of 50 percent of residential streets in a subdivision shall be curvilinear in design. The term “50 percent” shall mean that half the total linear feet of streets in a subdivision shall be curvilinear. The term “curvilinear in design” shall refer to any street segment which is designed with a degree of curvature not less than 3° 30' and not greater than 22° 55', and which shall offset a minimum distance of 30 feet, said offset being measured perpendicular to the initial tangent line of the curve. Computation of percentage of curvilinear streets shall utilize the centerline of all interior streets, excluding streets with a right-of-way width greater than 50 feet.
h.
Minor residential streets shall be laid out such that their use by through traffic will be discouraged (e.g., via circuitous routes, multiple turns/offsets, etc.), but access is provided to adjacent subdivisions.
i.
Where a subdivision abuts or contains an existing or proposed arterial street, the City 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.
j.
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed by the City under conditions approved by the Planning and Zoning Commission and City Council.
k.
Intersecting, undivided streets with centerline offsets of less than one hundred twenty-five feet (125') shall be avoided. Intersecting streets onto a divided roadway must be configured such that the centerline offset will accommodate the appropriate left-turn lanes (with required transition and stacking distances) onto each of the two intersecting streets.
l.
Major thoroughfare intersections shall be at ninety degree (90°) angles and tangent to the intersecting street for at least fifty feet (50'). 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 eighty degrees (80°).
m.
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.
n.
Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of these regulations and the Thoroughfare Plan, and where the City 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 may also find that it would be more practical (and/or cost effective) to delay construction of the other half of a street when the adjoining property is developed.
If the owner or subdivider is responsible for one-half (1/2) of the street, then the owner or subdivider 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 (i.e., whatever amount of right-of-way that will bring the street up to its standard width) shall be dedicated. Improvements shall be made to all on-site facilities as defined herein (see Definitions, Section 1.16).
o.
The maximum length of any block or street segment shall be one thousand two hundred feet (1,200'), as measured along the street centerline and between the point(s) of intersection with other through (i.e., not dead-end or cul-de-sac) streets.
p.
A cul-de-sac street shall not be longer than six hundred feet (600'), and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least eighty feet (80') and a right-of-way diameter of at least one hundred feet (100'). 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.
q.
The Planning and Zoning Commission and/or City Council may approve waivers/suspensions for overlength streets and/or cul-de-sacs (temporary or permanent) upon considering the following:
1.
Alternative designs which would reduce street/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.
r.
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 turn-around bulb (with an off-site easement) is provided at the end. A temporary dead-end street shall not exceed six hundred feet (600') in length, and the temporary turn-around bulb must be constructed like a cul-de-sac, as provided in subsection (p) above (the City Manager, or his/her designee, may authorize the use of asphalt or other durable paving material than concrete for the arc portions of the temporary turn-around 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 (i.e., 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 twenty-foot distance).
s.
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.
t.
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 EDS of the City of Forney at the time at which the preliminary plat is approved.
u.
Points of Access.
All subdivisions shall have at least two (2) points of access from improved public roadways (also see Section 3.1 c.4). All residential developments shall provide no less than one (1) entrance for every seventy-five (75) 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.
v.
Streets will be constructed in accordance to the City’s construction standards (i.e., EDS) that are in effect at the time of subdivision construction.
(Ordinance 1012 adopted 7/20/00; Ordinance 1108, sec. 1, adopted 4/6/05)