A. 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:
1. All applicable
statutory provisions.
2. The zoning
regulations, building codes, fire safety standards and all other applicable
laws of the City of Wilmer.
3. 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.
4. The special
requirements of these regulations and any rules of the Health Department
and/or State of Texas, Dallas County or other appropriate agencies.
5. The rules
of the Texas Department of Transportation (TXDOT) if the subdivision
or any lot contained therein abuts a state highway or connecting street.
6. The standards,
regulations and policies adopted by all boards, commissions, agencies,
and officials of the City of Wilmer.
7. All pertinent
standards contained within any and all applicable overlay districts
or development specific guidelines as adopted.
8. 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)
A. 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.
B. Standards:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Rights-of-Way:
Right-of-way shall be provided as shown in the current Comprehensive
Plan and as required by these regulations.
7. 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)
A. 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.
B. Lot Width:
The width of lots shall conform to those of the Zoning Regulations
and shall be measured at the front setback line.
C. 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.
D. 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.
E. Double
Frontage Lots and Access to Lots:
1. 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.
2. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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)
A. Connectivity:
Intersecting streets shall be provided at such intervals as
to serve cross traffic adequately and to meet existing streets in
the neighborhood.
B. 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.
C. 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.
D. 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.
E. 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)
A. General
Requirements:
1. 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.
2. 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:
a. An existing
street as shown on the city’s current street map; or
b. An existing
state, county, or municipal street or highway; or
c. 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.
3. 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.
4. 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.
5. Arrangement:
a. 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.
b. 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.
c. 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.
d. 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].
e. 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.
6. 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.
7. 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:
a. 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.
b. 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.
c. A marginal
access or service road (separated from the arterial by a planting
or grass strip and having access at suitable points).
8. 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.
9. 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:
a. 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.
b. 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.
B. Street
Design Standards:
1. General:
a. 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.
b. 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.
2. Street
Alignment:
a. Reverse
Curves:
On streets with reverse curves, a reasonable
tangent shall be provided between curves to permit a smooth flow of
traffic.
b. 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.
c. 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.
3. Street
Grades and Elevations:
a. The
minimum and maximum street grades for streets and alleys, dedicated
and accepted, shall conform to the adopted requirements and guidelines
of AASHTO.
4. 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.
5. Intersections:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
6. 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.
7. Road
Dedications and Reservations:
a. 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.
b. 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.
C. Street
Improvements:
1. 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.
2. Street
Surfacing:
a. 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
|
b. 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.
3. Grading:
a. 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.
b. 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)
A. General
Requirements:
1. 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.
2. 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.
B. Nature
of Stormwater Facilities:
1. 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.
2. Accessibility
to Public Storm Sewers:
a. 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.
3. 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.
4. 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.
5. 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.
6. 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.
C. Dedication
of Drainage Easements:
1. 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.
2. Drainage
Easements:
a. 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.
b. 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.
c. 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)
A. 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.
B. 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.
C. Low- and
Medium-Density Residential Districts:
Sanitary sewerage
systems shall be constructed as follows:
1. 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.
2. 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:
a. 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
b. Individual
disposal systems:
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.
3. 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:
a. 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.
b. 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.
D. 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)
A. 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.
B. 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)
A. 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.
B. Easements:
1. 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.
2. 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)
A. Required
Improvements:
1. Sidewalks
shall be included within the dedicated nonpavement right-of-way of
all roads as follows:
a. Arterial
Streets: Eight (8) foot sidewalks on both sides of the street.
b. Collector
Streets: Five (5) foot sidewalks shall be required on both sides of
all collector streets.
c. 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.
2. Sidewalks
shall be improved as required by these regulations. Sidewalks shall
be located one foot inside the street right-of-way.
3. 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.
B. 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)
A. 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.
B. 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.
C. 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.
D. 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.
3. Areas
where the average slope of the entire park/recreational area exceeds
five (5) percent.
4. Wetlands
as determined by the U.S. Corps of Engineers.
5. Floodways
as determined by the regulations and guidelines of FEMA.
6. Other
areas that are not conducive to park/recreational areas as determined
by the Commission.
7. The total
amount for park/recreational area, however, shall not be less than
one-half (1/2) acre in size.
E. 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.
F. 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)