City of Wilmer, TX IMPROVEMENTS, DEDICATIONS & DESIGN

Conformance to Applicable Rules and Regulations:

In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations:

All applicable statutory provisions.

The zoning regulations, building codes, fire safety standards and all other applicable laws of the City of Wilmer.

The current Comprehensive Plan, Street Classification Map, and Capital Improvements Program of the City of Wilmer, including all streets, utility systems, and parks indicated in the Comprehensive Plan as adopted.

The special requirements of these regulations and any rules of the Health Department and/or State of Texas, Dallas County or other appropriate agencies.

The rules of the Texas Department of Transportation (TXDOT) if the subdivision or any lot contained therein abuts a state highway or connecting street.

The standards, regulations and policies adopted by all boards, commissions, agencies, and officials of the City of Wilmer.

All pertinent standards contained within any and all applicable overlay districts or development specific guidelines as adopted.

Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes of these regulations established in Section 1.04 of these regulations.

(Ordinance 09-0604 adopted 6/4/09)

§ 5.02 Adequate Public Facilities.

General:

In order to ensure: that property is developed only with appropriate urban services and in accordance with the service plans set out in the current Comprehensive Plan; that subdivision of land is not scattered or premature involving danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, wastewater disposal, stormwater disposal, roads, right-of-way, or other public services; or that would necessitate an excessive expenditure of public funds for the supply of such services (such as undue maintenance costs for inadequate roads or stormwater drainage), no preliminary plat shall be approved unless it has been determined that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the staff, Commission or City Council, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision.

Standards:

Water Supply:

There will be an adequate public water supply available for the proposed occupancy. An adequate public water supply shall include potable water for consumption and other inside and outside uses and adequate water pressure for fire flow to meet established standards for fire protection.

Sanitary Sewer:

There will be adequate connections to public wastewater disposal systems with adequate capacity to handle the type and volume of flow from the proposed occupancy with evidence that the existing system has capacity availability to accept the additional flows proposed. Limited, residential development may be served by a septic system subject to compliance with the regulations specified herein.

Storm Sewer:

The proposed storm sewer system, both on site and off site, will be adequate to carry projected peak flows in a design storm without causing damage to downstream public or private property. The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches, stormwater detention facilities and other improvements necessary to adequately handle stormwater. All improvements shall comply with the minimum standards of these regulations.

Stormwater Management:

Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The City Engineer and Commission may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.

Roads:

Proposed roads shall provide a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development.

Rights-of-Way:

Right-of-way shall be provided as shown in the current Comprehensive Plan and as required by these regulations.

Other Public Services:

Other public services such as schools, police and fire protection, and emergency services, affected by the proposed development will be substantially adequate to serve the development at existing levels of service.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.03 Lots.

Lot Orientation:

All lots shall front on a public street. The lot line common to the street right-of-way shall be the front line. All lots shall face the front line and a similar line across the street. On corner lots, the side with the least distance in measurement shall constitute the front side.

Lot Width:

The width of lots shall conform to those of the Zoning Regulations and shall be measured at the front setback line.

Lot Arrangement:

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Regulations and Health Regulations and in providing driveway access to buildings on the lots from an approved street. Lots shall contain a building site completely free from the danger of flooding. Except where unfeasible, side lot lines shall be at right angles to straight street lines and radial to curved street lines. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.

Lot Dimensions:

Lot dimensions shall comply with the minimum standards of the Zoning Regulations. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front-yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Regulations.

Double Frontage Lots and Access to Lots:

Double Frontage Lots:

Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.

Access from Arterial Streets:

Lots shall not, in general, derive access exclusively from an arterial street. Where driveway access from an arterial street may be necessary for several adjoining lots, the Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on an arterial street.

Soil Preservation and Final Grading:

No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot covered with soil with an average depth of at least six (6) inches which shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation has not been seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting per the Landscaping and Buffering requirements of the Zoning Regulations.

Lot Drainage:

Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.

Debris and Waste:

No cut trees, timber, debris, rocks, stones, junk, rubbish, or other waste materials of any kind, or earth/soil containing such shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence nor excess earth/soil shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.

Water Bodies and Watercourses:

If a tract being subdivided contains a water body, watercourse or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body or watercourse among the ownership of adjacent lots. The Commission and City Council may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body or watercourse is so placed that it will not become a local government responsibility. No more than twenty-five percent (25%) of the minimum area of a lot required under the Zoning Regulations may be satisfied by land that is under water or subject to periodic flooding. Such land(s) shall not be computed in determining the number of lots to be utilized for average density procedures. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of design approved by the City Engineer.

Subdivision Improvement Agreement and Security to Include Lot Improvement:

The applicant shall enter into a separate subdivision improvement agreement per Section 5.01 [Section 6.01] to guarantee completion of all lot improvement requirements including, but not limited to, soil preservation, final grading, lot drainage, lawn coverage, removal of debris and waste, fencing, and all other lot improvements required by the Commission and City Council. Whether or not a certificate of occupancy has been issued, the City of Wilmer may enforce the provisions of the subdivision improvement agreement where the provisions of this section or any other applicable law, ordinance, or regulation have not been met.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.04 Blocks.

Connectivity:

Intersecting streets shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood.

Width:

In residential subdivisions, blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial or collector streets, railroads, or waterways. Blocks intended for business or industrial use shall be on such width as may be considered most suitable for the prospective use.

Length:

In residential subdivisions, the lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block shall not exceed one thousand two hundred (1,200) feet or twelve (12) times the minimum lot width required in the zoning district, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. Block length shall not be less than three hundred (300) feet in length. Blocks intended for business or industrial use shall be on such length as may be considered most suitable for the prospective use.

Easement:

In long blocks, the Commission or City Council may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

Pedestrian Access:

Pedestrian ways or crosswalks, not less than ten (10) feet wide, may be required by the Commission or City Council through the center of blocks more than eight hundred (800) feet long or where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.05 Streets.

General Requirements:

Relationship to Adjoining Street Systems:

The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, or where the continuation is in accordance with the City of Wilmer’s current Thoroughfare Plan of the Comprehensive Plan. The width of such streets in new subdivisions shall be not less than the minimum street widths established herein. Alleys, when required, and street arrangement must cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted and dedicated as a public way.

Where topographical conditions make such street continuance or conformity impracticable, the Commission or City Council may approve an alternative layout.

Frontage on Improved Roads:

No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street as follows:

An existing street as shown on the city’s current street map; or

An existing state, county, or municipal street or highway; or

A street shown upon a plat approved by the Commission or City Council and recorded in the County office. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications, or orders, or be secured by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations. Wherever the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.

Grading and Improvement Plan:

Roads shall be graded and improved and conform to the City of Wilmer construction standards and specifications and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted prior to final plat approval.

Classification:

All roads shall be classified as an arterial, collector or local street. In classifying roads, the Commission or City Council shall consider the Major Thoroughfare Plan of the Comprehensive Plan and the projected traffic demands.

Arrangement:

Streets shall be related appropriately to the topography. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. All streets shall be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Specific standards are contained in the design standards of these regulations.

Arterial and collector streets through subdivisions shall conform to the current Thoroughfare Plan of the Comprehensive Plan as adopted by the Commission and City Council. All arterial and collector streets shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

Local streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracks [tracts].

In business and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

Where the plat submitted covers only a portion of the contiguous land owned by the subdivider, a sketch of the prospective future street system of the entire ownership shall be submitted.

Access to Arterial Streets:

Where a subdivision borders on or contains an existing or proposed arterial, the Commission or City Council may require that access to such streets be limited by one of the following means:

The subdivision of lots so as to back onto the primary arterial and front onto a parallel local street; no access shall be provided from the arterial, and screening shall be provided in a strip of land along the rear property line of such lots.

A series of culs-de-sac, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the primary arterial.

A marginal access or service road (separated from the arterial by a planting or grass strip and having access at suitable points).

Road Names:

Streets that are in alignment with other already existing and named streets shall bear the names of the existing streets. Names shall be sufficiently different in sound and spelling from other street names in the municipality so as not to cause confusion. The Commission or City Council shall approve street names upon recommendation of the City Administrator or Designee at the time of preliminary approval. The City Administrator or Designee shall consult the local emergency communications department (911) prior to rendering its recommendations to the Commission or City Council.

Street Signs:

The developer shall pay to the City the cost of purchasing and installation of street signs at all intersections within a subdivision. The term “street sign” as used herein shall include all traffic-control signs[,] street name signs and any other street signage that is to be owned and maintained by the City after installation. The City of Wilmer shall install all street signs before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the City.

10.

Street Lights:

Installation of street lights shall be required in accordance with the latest edition of the American Association of State Highway and Transportation Officials (AASHTO).

11.

Reserve Strips:

The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to the street.

12.

Dead-End Roads:

Dead-End Roads (Temporary):

If the adjacent property is undeveloped and a street more than one lot deep or on which lots front must temporarily be a dead-end street, the right-of-way and road improvement shall be extended to the property line. A temporary dust-proof turnaround having a radius of at least fifty (50) feet or adequate for the primary vehicular use associated with the property shall be provided on all temporary dead-end streets. When a temporary turnaround is required, a notation shall be added on the subdivision plat indicating that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The Commission or City Council may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

Dead-End Roads (Permanent):

Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Commission or City Council may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street. An adequate turnaround of not less than a sixty (60) foot radius right-of-way shall be provided at the closed end of any dead-end street that is longer than one (1) lot in length and that is designed to permanently remain as a dead-end street. Cul-de-sac shall provide a paved turnaround having a street radius, at the back of curb, of fifty (50) feet. Such street segment shall not exceed five hundred (500) feet in length, measured from the centerline of an intersection of a cross street to the center of the cul-de-sac; except that, such streets designed to serve no more than twenty-five (25) residential lots may be permitted to extend up to one thousand (1,000) feet in length in single-family residential zoning districts. For greater convenience to traffic and more effective police and fire protection, parking shall [not be] permitted in the bulb of permanent dead-end streets.

13.

Private Streets:

No private streets shall be permitted in the City of Wilmer, except as approved by the City Council. Such streets shall meet the minimum standards herein, and maintenance assurances shall be provided.

Street Design Standards:

General:

In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation, and road-maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for streets are hereby required.

Unless otherwise specified within these regulations, all streets shall be designed and constructed in accordance with the standards specified in the latest edition of the North Central Texas Council of Governments (NCTCOG) standards specifications and AASHTO and City of Wilmer standards.

Street Alignment:

Reverse Curves:

On streets with reverse curves, a reasonable tangent shall be provided between curves to permit a smooth flow of traffic.

Where there is a deflection angle of more than ten degrees (10°) in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made.

Every change in grade shall be connected by a vertical curve constructed so as to afford the minimum required site stopping distance in conformance with AASHTO. Said site stopping distance being measured from a driver’s eye level that is assumed to be three and one-half (3-1/2) feet above the pavement surface, to an object six (6) inches high on the pavement.

Street Grades and Elevations:

The minimum and maximum street grades for streets and alleys, dedicated and accepted, shall conform to the adopted requirements and guidelines of AASHTO.

Excess Right-of-Way:

Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate slopes. Such slopes shall not be in excess of three-to-one.

Intersections:

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) streets at an angle of less than seventy-five (75) degrees shall not be acceptable. Any street that does not approach an intersecting street at a right angle should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet from such intersection. Not more than two (2) streets shall intersect at any one point as recommended by the City Engineer.

Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect arterial or collector streets, their alignment shall be continuous unless specifically approved by the Commission or City Council as recommended by the City Engineer.

Minimum curb radius at the intersection of two (2) streets shall be at least twenty-five (25) feet or as necessary to provide for the primary vehicular use of the property. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practices to permit safe vehicular movement. Whenever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction.

Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) grade at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance as specified by the Site Triangle standard of the Zoning Regulations.

No lot or other parcel of land that abuts on and has access to either a local or collector shall have a service drive, curb cut, or other means of access to an arterial street within seventy-five (75) feet of the right-of-way of any street that intersects such arterial street on the side on which such lot or parcel is located.

Bridges:

Bridges of primary benefit to the applicant, as determined by the Commission or City Council, shall be constructed at the full expense of the applicant without reimbursement from the City of Wilmer.

Road Dedications and Reservations:

New Perimeter Streets:

(1)

The dedication of right-of-way for new streets measured from lot line to lot line shall be as shown on the current City Comprehensive Plan and shall meet the following standards.

Minimum Street Right-of-Way
Street Type	Minimum R.O.W. Width (Feet)
Marginal Access	50
Local Street	50-urban, 60-rural
Collector	60-80
Minor Arterial	80-100
Major Arterial Divided	100-140

(2)

Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The Commission or City Council may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within its own subdivision boundaries.

Widening and Realignment of Existing Streets:

Where a subdivision borders an existing narrow road or when the current Comprehensive Plan, Capital Improvement Plan, or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at its expense those areas for widening or realignment of those roads in accordance with the minimum requirements of these regulations. Frontage roads and streets as described above shall be improved and dedicated by the applicant at its own expense to the full width as required by these subdivision regulations when the applicant’s development activities contribute to the need for the road expansion. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Regulations whether the land is to be dedicated to the municipality in fee simple title or an easement is granted to the City of Wilmer.

Street Improvements:

Curbs and Gutters:

The subdivider shall provide curbs and gutters on all streets. Curbs shall not be less than six (6) inches in depth and shall be constructed of Portland cement concrete. A rolled Portland cement concrete curb shall be used except where a vertical curb is specified by the City Engineer. Backfill shall be higher than the curb in order to ensure that surface water drains into the storm drainage system.

Street Surfacing:

After sanitary sewer, storm sewer and water utilities have been installed by the developer, the developer shall construct curbs and gutters as required in these regulations and shall surface or cause to be surfaced roadways to the following minimum widths as measured from back of curb to back of curb:

Minimum Street Widths
Street Type	Minimum Width (Feet)
Marginal Access	29
Local Street	31
Collector	49
Minor Arterial	61
Major Arterial Divided	Two - 36

All streets must be paved. All paving must be provided with a stabilized subbase and curb and gutter. Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall be incorporated into the construction plans required to be submitted by the developer for plat approval.

Grading:

All streets, roads, and alleys shall be graded to their full width by the subdivider so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions may be allowed by approval of the City Engineer and the City Council.

Preparation of the Subgrade:

Before grading is started, the entire right-of-way area shall first be cleared of all trees, stumps, roots, bushes, and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled, and uniformly compacted to conform with the accepted cross section and grades.

(1)

Cuts:

In cuts, all tree stumps, boulders, organic materials, soft clay, spongy material, and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be removed to a depth of at least twelve (12) inches below the graded surface.

(2)

Fill:

In fill, all tree stumps, boulders, organic materials, soft clay, spongy material, and other objectionable materials shall be removed to a depth of at least two (2) feet below the natural ground surface.

(3)

Disposal of Objectionable Matter:

The objectionable matter required to be removed from cuts and fills shall be removed from the right-of-way area and be disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.06 Storm Sewer.

General Requirements:

Unless otherwise specified within these regulations an adequate drainage system, including pipes, culverts, intersectional drains, drop inlets, bridges, etc. for proper drainage of all water shall be provided. The design and construction of facilities for the drainage of stormwater shall conform to the City’s Drainage Ordinance.

The Commission shall not recommend for approval any plat of subdivision that does not make adequate provision for stormwater and floodwater runoff channels or basins. The stormwater drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by the Rational Method (Maximum Acreage), or other methods as required by the City Engineer, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 600 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

Nature of Stormwater Facilities:

Location:

The applicant may be required by the City Engineer to construct facilities to convey any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements.

Accessibility to Public Storm Sewers:

If a connection to a public storm sewer will be provided eventually, as determined by the City Engineer and the City Council, the developer shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the subdivision improvement agreement required for the subdivision plat.

Accommodation of Upstream Drainage Areas:

A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The applicant shall determine the necessary size of the facility, assuming conditions of maximum potential watershed development permitted by the Zoning Regulations. This determination shall be verified and approved by the City Engineer.

Effect on Downstream Drainage Areas:

The applicant shall determine the effect of the subdivision on existing downstream drainage facilities outside the area of the subdivision. This determination shall be verified by the City Engineer. Drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Commission may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

Areas of Poor Drainage:

Whenever a plat is submitted for an area that is subject to flooding, the Commission or City Council may approve such subdivision provided that the applicant fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twenty-four (24) inches above the elevation of the one hundred (100) year floodplain. A copy of the required floodplain fill permit shall be submitted prior to the issuance of a building permit. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City Engineer. The Commission or City Council may deny subdivision approval for areas of extremely poor drainage.

Floodplain Areas:

The Commission or City Council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of the property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the Commission or City Council. No individual, partnership, firm or corporation shall deepen, widen, fill, reroute, or change the course or location of any existing ditch, channel, stream, or drainage way, without first obtaining written permission from the City of Wilmer or other agencies having jurisdiction.

Dedication of Drainage Easements:

General Requirements:

When a subdivision is traversed by a watercourse, drainage way, channel, or stream there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose.

Drainage Easements:

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements at least fifteen (15) feet in width for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

The applicant shall dedicate, either in fee simple title or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the City Engineer and the City Council.

Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.07 Sanitary Sewers.

General Requirements:

The applicant shall install sanitary sewer facilities. All plans shall be designed, approved and constructed to the current standards established in the Design Criteria for Sanitary Sewers from the Texas Commission on Environmental Quality (TCEQ), NCTCOG and in accordance with the rules, regulations, and standards of the City Engineer, [and the] Texas Department of Health, unless otherwise specified within these regulations. Necessary action shall be taken by the applicant to extend or create a sanitary sewer district for the purpose of providing sewerage facilities to the subdivision when no district exists for the land to be subdivided.

High-Density Residential and Nonresidential Districts:

Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted.

Low- and Medium-Density Residential Districts:

Sanitary sewerage systems shall be constructed as follows:

When a public sanitary sewerage system is reasonably accessible either by gravity flow or by other constructed means, the applicant shall connect with same and provide sewers accessible to each lot in the subdivision within one-quarter (1/4) mile.

When public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed fifteen (15) years), the applicant may choose one of the following alternatives:

Central sewerage system with the maintenance cost to be assessed against each property benefited:

Where plans for future public sanitary sewerage systems exist, the applicant shall design connections to the public system and dedicate easements to accommodate such. In addition a covenant of non-opposition to future improvements shall be submitted. Adequate soil conditions must exist to accommodate the system; or

Individual disposal systems:

When sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of fifteen (15) years, the applicant may install sewerage systems as follows:

Medium-Density Residential Districts:

Only a central sewerage system may be constructed. No individual disposal system will be permitted. Where plans for future public sanitary sewerage systems exist, the applicant shall design connections to the public system and dedicate easements to accommodate such. In addition a covenant of non-opposition to future improvements shall be submitted. Adequate soil conditions must exist to accommodate the system.

Low-Density Residential District:

Individual disposal systems or central sewerage systems may be used. Where plans for future public sanitary sewerage systems exist, the applicant shall design connections to the public system and dedicate easements to accommodate such. In addition a covenant of non-opposition to future improvements shall be submitted. Adequate soil conditions must exist to accommodate each individual lot or subdivision as applicable.

Individual disposal system requirements:

If public sewer facilities are not available and individual disposal systems are proposed, the system shall be in compliance with the most current edition of “On-Site Sewage Facilities” by TCEQ.

(Ordinance 09-0604 adopted 6/4/09)

§ 5.08 Water Supply.

The subdivider shall construct a complete water distribution system that shall adequately serve all lots. The system shall include fire hydrants spaced no more than five hundred (500) feet apart and at high points in the line, or as otherwise necessary to ensure that all lots are within two hundred fifty (250) feet of a hydrant, unless otherwise approved by the City Engineer and Fire Chief. This system shall be properly connected with the public water supply. The Commission or City Council may deny subdivision approval for areas that cannot be served by adequate water supply and pressure.

To eliminate future street openings, all underground utilities for water distribution system and fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on a plat.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.09 Utilities.

Location:

All franchise utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision. Whenever existing utility facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense. At the discretion of the City Council, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.

Easements:

Easements centered on rear lot lines shall be provided for utilities (private and municipal) and such easements shall be at least twenty (20) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.

When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least fifteen (15) feet wide (7.5 feet each side) shall be provided along side lot lines with satisfactory access to the road or rear lot lines as needed. Easements shall be indicated on the plat.

(Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.10 Sidewalks.

Required Improvements:

Sidewalks shall be included within the dedicated nonpavement right-of-way of all roads as follows:

Arterial Streets: Eight (8) foot sidewalks on both sides of the street.

Collector Streets: Five (5) foot sidewalks shall be required on both sides of all collector streets.

Local and Marginal Access Streets: Five (5) foot sidewalks shall be required on one side of the street. Sidewalks on local and marginal access streets shall generally be located on the north and east sides of the streets.

Sidewalks shall be improved as required by these regulations. Sidewalks shall be located one foot inside the street right-of-way.

Crosswalks shall be required to provide safe and convenient access across streets along existing and future sidewalk network. Curb cuts meeting the minimum standards of the Americans with Disabilities Act and the Texas Department of Licensing and Regulation shall be provided where sidewalks meet street curbs or connection to another sidewalk across a street is required. Crosswalks across collector or arterial streets shall be clearly marked with approved paint or other more permanent means such as use of unique paving patterns as approved by the City Engineer.

Pedestrian Access:

The Commission or City Council may require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds, or other nearby roads, perpetual unobstructed easements at least ten (10) feet in width with a paved walkway of five (5) to eight (8) feet. To minimize the impact of the impact [sic] on adjacent property, the walkway shall be adequately landscaped and screened as required by the Commission or City Council. Pedestrian easements shall be indicated on the plat.

(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 5, adopted 10/16/14)

§ 5.11 Parks and Open Space.

Common Open Space:

Common open space provided in a residential subdivision and conveyed to a property owners association (private open space) or to the City (public open space) shall remain permanently open for recreational and conservational purposes. Open space, whether such areas are or will be public or private, in any residential subdivision shall be laid out, to the maximum feasible extent, so as to connect with other open space, existing or proposed, in the vicinity. In the case of two or more adjacent subdivisions, developers may cooperatively allocate open space areas, if such areas are coordinated in design and location to an extent acceptable to the Commission and City Council.

Private Open Space:

Private open space that is held in common shall be set aside for the benefit, use, and enjoyment of the subdivision lot owners, present and future. All private, common open space, including recreation areas, tree cover areas, scenic vistas, wildlife or plant preserves, nature study areas, and private walkways, whose acreage is used in determining the size and extent of common open space shall be included in restrictive covenants, easements, or other legal devices designated to assure that such space will remain permanently open.

In order to meet the recreational needs of the residents of Wilmer, all subdivision developments are required to contribute either parkland or fees in lieu of parkland. Where a school, neighborhood park, recreation area, or public access to water frontage which is shown on the current Future Land Use Plan of Comprehensive Plan, in whole or in part in the applicant’s proposed subdivision, the City Council may require the dedication or reservation of such open space within the proposed subdivision for school, park, recreation, or other public purpose. Private open space shall not be credited as public open space.

Parkland/fee dedications shall be calculated during the preliminary plat process as specified in these regulations; and dedicated with the final plat. The City Council shall determine whether the parkland offer should be accepted, accepted with conditions, or if the offer should be declined and a payment of funds in lieu of parkland dedication. Dedication of land for park use must be reflected and dedicated as such on the final plat.

Quality of Parkland Required to be Dedicated:

A parkland dedication area shall [be] useable land suitable for park development and shall not be located in any of the following areas within a development.

Deep ravines.

Densely wooded areas.

Areas where the average slope of the entire park/recreational area exceeds five (5) percent.

Wetlands as determined by the U.S. Corps of Engineers.

Floodways as determined by the regulations and guidelines of FEMA.

Other areas that are not conducive to park/recreational areas as determined by the Commission.

The total amount for park/recreational area, however, shall not be less than one-half (1/2) acre in size.

Amount of Park/Recreational Area Required:

A minimum of 1 acre per fifty lots of residential development and/or four percent (4%) of the gross area of any subdivision shall be reserved for parks and playgrounds sites, whichever is greater.

Fee in Lieu of Parkland Dedication:

In order to determine the contribution amount to be paid by the developer in lieu of parkland dedication the amount of land required to be dedicated shall first be determined. Based upon the amount of parkland required to be dedicated, the developer shall hire and pay for a licensed real estate appraiser to determine the fair market value of the land area that would otherwise be required to be dedicated. The value established by the real estate appraiser shall then be verified and upon approval of the City Council paid to the City in lieu of the parkland dedication. The fee in lieu of parkland dedication shall be placed in an escrow account established by the City and shall only be used for park and recreational purposes.

Park fee contribution in lieu of land dedication is due and payable at time of issuance of a building permit. Park fees on multiple buildings may be paid in advance or at time of individual building permit issuance.

(Ordinance 09-0604 adopted 6/4/09)