1.01 
Conformance with Aubrey’s Policies and Regulations.
The construction, arrangement, character, extent, width, grade and location of all Streets shall conform to the City of Aubrey’s Comprehensive Plan and Design Standards, and shall be considered in their relation to the following, whether the Streets are within the City of Aubrey, within its ETJ area:
(1) 
Existing and planned Streets or driveways,
(2) 
Topographical conditions (the Street layout shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction),
(3) 
Public safety, and
(4) 
Their appropriate relation to the proposed uses of the land to be served by such Streets.
1.02 
Residual Strips.
Reserve or residual strips of land controlling access to or egress from other property, or to or from any Street or Alley, or having the effect of restricting or damaging the adjoining property for Subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any Subdivision unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All Streets shall be constructed in accordance with these Subdivision Regulations and with the City’s Design Standards.
1.03 
Adequacy of Streets and Thoroughfares.
(a) 
Responsibility for Adequacy of Streets and Thoroughfares.
The Property Owner shall ensure that the Subdivision is served by adequate Streets and Thoroughfares, and shall be responsible for the costs of Rights-of-Way and Street Improvements, in accordance with the following policies and standards, and subject to the City’s cost participation policies on oversized facilities.
(b) 
General Policy.
Every Subdivision shall be served by improved Streets and Thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed Streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City’s Thoroughfare Plan, other portions of the Comprehensive Plan and any amendments thereto, and any Street classification system.
(c) 
Street Network.
New Subdivisions shall be supported by a Street network having adequate capacity, ingress/egress, and safe and efficient traffic circulation.
(d) 
Approach Streets and Access.
All Subdivisions must have at least two points of vehicular access, and must be connected via improved Streets (Streets that meet the City Standards) to the City’s improved Thoroughfare and Street system by one or more Approach Streets of such dimensions and improved to such standards as required herein. All residential Subdivisions shall provide no less than one entrance for each 50 lots including stubs for future development and in no case shall have more than 150 lots for each connection to an existing Street.
(1) 
Required Improvements.
Requirements for dedication of Right-of-Way and improvement of Approach Streets shall comply with Article 3, Section 2 of these Subdivision Regulations.
(2) 
Points of Access Defined.
“Two points of vehicular access” shall be construed to mean that the Subdivision has at least two improved Street entrances accessing the Subdivision from the City’s improved Thoroughfare system.
(i) 
For nonresidential Subdivisions, cross access provided through an existing or future adjacent Lot may count as one entrance if approved by the Planning Director.
(ii) 
The Planning and Zoning Commission and the City Council may, at their discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single, median-divided entrance from the City’s improved Thoroughfare system provided that the median extends into the Subdivision for an unbroken length of at least 100 feet to an intersecting internal Street which provides at least two routes to the interior of the Subdivision. For example, the entrance Street is not a dead-end or Cul-De-Sac, and it does not create a “bottleneck” allowing only one emergency route into the interior of the Subdivision. Residential Lots may not front onto any median-divided arterials, and residential driveways may not be located in front of a median.
(3) 
Street Openings to Adjoining Properties.
Subdivision design shall provide for a reasonable number and reasonable locations of Street openings to adjoining properties. Such an opening shall occur at least every 1,000 feet or in alignment with abutting Subdivision Streets along each boundary of the Subdivision.
(4) 
Adequate Emergency Access.
The Subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential Lot in the Subdivision shall have a minimum frontage (measured at the edge of the pavement) of at least 40 feet on a dedicated public Street or approved private access, unless other provisions have been authorized through a Planned Development district. Each non-residential Lot shall have a minimum frontage on a dedicated public Street or approved private access of at least 50 feet, unless other provisions have been authorized through a Planned Development district.
(e) 
Off-Site and Adjacent Improvements Based on Traffic Impact Analysis (TIA).
(1) 
If in the opinion of the City Engineer or Planning Director, sufficient vehicular access and Street capacity approaching and adjacent to the Subdivision is not available to serve the proposed Subdivision, the City may require the Developer provide a Traffic Impact Analysis of the proposed development. Such TIA when required shall be submitted to the City as part of the Preliminary Plat Application.
(2) 
Where a Traffic Impact Analysis demonstrates the need for Off-Site Facilities or improvements to existing adjacent facilities, the developer shall make such improvements to adjacent Streets, off-site collector and Arterial Streets and intersections as are necessary to mitigate traffic impacts generated by the development consistent with Article 3, Section 2 of these Subdivision Regulations.
(f) 
Street Dedications.
(1) 
Dedication of Right-of-Way.
The developer shall dedicate all Rights-of-Way required for existing or future Streets, and for all required Street Improvements, including Perimeter Streets and Approach Streets, as shown in the Comprehensive Plan and as required by the Design Standards or by other valid development plans approved by City Council.
(i) 
In the case of Perimeter Streets, 1/2 of the total required Right-of-Way width for such Streets shall be dedicated, unless the proposed development is on both sides of the Street, or unless there is some other compelling reason to require dedication of more than half of the Right-of-Way width (such as avoiding the infringement upon or demolition of existing structures, avoiding crossing a creek or flood plain or some other obstacle, or other similar circumstance).
(ii) 
When the proposed development is on both sides of the Street, the full Right-of-Way width shall be dedicated.
(iii) 
In cases where construction of only one-half the Street is deemed impractical or unsafe, more than 1/2 of the required width shall be dedicated and the full Street shall be constructed by the developer.
(2) 
Perimeter Streets.
Where an existing improved half-Street is adjacent to a new Subdivision or Addition, the other half of the Right-of-Way shall be dedicated and improved by the developer of the new Subdivision or Addition in accordance with Article 3, Section 2 of these Subdivision Regulations.
(3) 
Slope Easements.
The dedication of Easements, in Addition to dedicated Rights-of-Way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three feet horizontal run to one foot vertical height, or a 3:1 slope.
(g) 
General Construction.
All improvements required to be constructed by these Subdivision Regulations shall be constructed to City Standards and within Rights-of-Way as required by the Thoroughfare Plan and these Subdivision Regulations, and in accordance with the Design Standards and other City Standards as may be from time to time amended or adopted.
(h) 
Intersection Improvements and Traffic Control Devices.
Intersection Improvements and Traffic Control Devices shall be installed as may be required by the City for traffic safety and efficiency.
(i) 
Phased Development.
Where a Subdivision is proposed to occur in phases, the Applicant, in conjunction with submission of the Preliminary Plat, shall provide a schedule of development.
(1) 
Intended Plan of Development and Dedication of Rights-of-Way.
The schedule shall set forth the intended plan of development and dedication of Rights-of-Way for Streets and Street Improvements, whether on-site or off-site, intended to serve each proposed phase of the Subdivision.
(2) 
City Determination.
The City shall determine whether the proposed Streets and Street Improvements are adequate pursuant to standards herein established, and may require that a Traffic Impact Analysis be submitted for the entire project or such phases as the City determines to be necessary to decide whether the Subdivision will be adequately served by Streets and Thoroughfares.
(j) 
Private Streets.
New Subdivisions may be constructed with Private Streets that meet or exceed the specifications set forth in the Design Standards for similar public Streets. The construction of Private Streets shall be subject to standard City inspections. Any Private Street Subdivisions that were in existence (i.e., Platted of record at the County) on the effective date of these Subdivision Regulations shall be allowed to remain as Private Street Subdivisions provided that the conditions of the Private Streets and the maintenance thereof continues to meet or exceed City Standards, and provided that a viable homeowners association (HOA) or other similar organization continues to exist to maintain the Private Streets and all appurtenances. The City will not assist in enforcing deed restrictions. The City may periodically inspect Private Streets, and may require the HOA or other responsible organization to make any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.
(1) 
Private Streets: Construction and Maintenance Cost -
The City shall not pay for any portion of the cost of constructing or maintaining a Private Street.
(2) 
Private Streets: Traffic Control Devices -
All private traffic control devices and regulatory signs shall conform to the “Texas Manual of Uniform Traffic Control Devices”, as amended, and to City Standards.
(3) 
Private Streets: Restricted Access -
The entrances to all Private Streets shall be clearly marked with a Sign, placed in a prominent and visible location, stating that the Streets within the Subdivision are private, and that they are not maintained nor regularly patrolled by the City. All restricted access entrances shall be manned 24 hours every day, or they shall provide a reliable, alternative means of ensuring access into the Subdivision by the City, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the Subdivision shall be approved by the City’s Fire Department and by any other applicable emergency service providers. If the homeowners association (HOA) fails to maintain reliable access as required herein, the City may enter the Private Street Subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA.
(4) 
Private Streets: Waiver of Services -
Certain City services may not be provided for Private Street Subdivisions. Among the services which may not be provided include routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the Subdivision, other services (such as sanitation) may also not be provided.
(5) 
Private Streets: Petition to Convert to Public Streets -
The homeowners association (HOA) may petition the City to accept Private Streets and any associated property as public Streets and Right-of-Way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said Streets as public. Should the City elect to accept the Streets as public, then the City has the right to inspect the Private Streets and to assess the Lot owners for the expense of needed repairs concurrent with the City’s acceptance of the Streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association’s or the Lot owners’ expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the Street Right-of-Way or within any other common area. The City may also require the dedication of additional Street Right-of-Way.
(6) 
Private Streets: Hold Harmless -
The homeowners association (HOA), as owner of the Private Streets and appurtenances, shall release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the Private Streets that may be occasioned by the reasonable use of the Private Streets by same, and for damages and injury (including death) arising from the condition of the Private Streets, out of any use of access gates or cross arms, or out of any use of the Subdivision by the City or governmental or utility entity.
1.04 
Required Components of Traffic Impact Analysis (TIA).
Whenever a TIA is conducted, the following elements shall be included:
(1) 
General Site Description.
The TIA shall include a detailed description of the Street network within one mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items:
(i) 
All major intersections;
(ii) 
All proposed and existing ingress and egress locations;
(iii) 
All existing Street widths and Rights-of-Way; and
(iv) 
All existing traffic signals and traffic-control devices.
(2) 
Proposed Capital Improvements.
The TIA shall identify any changes to the Street network within one mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of Streets affected by the proposed development.
(3) 
Street Impact Analysis.
(i) 
Trip Generation.
For the proposed use, items required to determine trip generation shall be based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers’ Trip Generation book, or shall be based upon data generated by actual field surveys of area uses comparable to the proposed use and approved by the City. The following items shall be required to determine trip generation: 1) average weekday trip generation rates (trip ends); 2) the average weekend trip generation rates (for uses other than residential or institutional); 3) the highest average a.m. and p.m. hourly weekday trip generation rates; and, 4) the highest hourly weekend generation rates (for uses other than residential or institutional).
(ii) 
Trip Distribution.
Within the study area identified in Subsection 1.04(1) (General Site Description) above, the distribution of trips to arterial and collector Streets shall be in conformity with accepted traffic Engineering principles, taking into consideration: 1) the land use categories of the proposed development; 2) the area from which the proposed development will attract traffic; 3) competing developments (if applicable); 4) the size of the proposed development; 5) development phasing; 6) surrounding existing and anticipated land uses, population and employment; 7) existing and projected daily traffic volumes; and, 8) existing traffic conditions identified pursuant to Subsection 1.04(1) above.
(4) 
Adequacy Determination.
The Street network included within the TIA shall be considered adequate to serve the proposed development if existing Streets identified as arterials and collectors are basically satisfactory to good progression of traffic and can accommodate the following:
(i) 
The existing service volume, and
(ii) 
The service volume of the proposed development, and
(iii) 
The service volume of approved, but un-built developments holding valid, unexpired building permits.
(5) 
Intersection Analysis.
(i) 
Level of Service.
Analysis. For intersections within the Street TIA area described in Subsection 1.04(1) herein (General Site Description), a level of service analysis shall be performed for all arterial-to-arterial, arterial-to-collector, collector-to-arterial, and collector-to-collector intersections, and for any other pertinent intersections identified by the City. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments.
(A) 
The City may waive analysis of minor intersections and site driveway locations within the TIA’s one-mile radius.
(B) 
The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes.
(C) 
The level of service analysis shall take into consideration:
(i) 
lane geometry;
(ii) 
traffic volume;
(iii) 
percentage of right-hand turns;
(iv) 
percentage of left-hand turns;
(v) 
percentage (and typical size) of trucks;
(vi) 
intersection width;
(vii) 
number of lanes;
(viii) 
signal timing and progression;
(ix) 
street grades;
(x) 
pedestrian and bicycle flows;
(xi) 
school routes;
(xii) 
number of accidents; and
(xiii) 
peak hour factor.
(ii) 
Adequacy Analysis.
The intersections included within the TIA shall be considered adequate to serve the proposed development if existing intersections can accommodate:
(A) 
the existing service volume;
(B) 
the service volume of the proposed development; and
(C) 
the service volume of approved, but un-built developments holding valid, unexpired building permits.
1.05 
Arrangement of Streets Not Shown on the Thoroughfare Plan.
For Streets that are not shown on the City’s Comprehensive Plan, such as local residential Streets, the arrangement of such Streets within a Subdivision shall:
(1) 
Provide for the continuation or appropriate projection of existing Streets from or into surrounding areas;
(2) 
Conform to a plan for the neighborhood approved or adopted by the City to meet a particular situation where topographical or other conditions make continuance or conformity to existing Streets impractical;
(3) 
Provide for future access, such as by stubbing Streets for future extension, to adjacent vacant areas which will likely develop; and
(4) 
Not conflict in any way with existing or proposed driveway openings - including those on the other side of an existing or planned median-divided arterial, in which case new Streets shall align with such driveway openings such that median openings can be shared.
1.06 
Discouraging Through Traffic in Residential Development.
(a) 
Residential Collector Streets and minor residential Streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent Subdivisions.
(b) 
Wherever the Right-of-Way width of a collector or residential Street must transition to a greater or lesser width, such transition shall occur along the front, side or rear Lot lines of adjacent Lots (for a reasonable distance) and shall not occur within the Street intersection itself. In other words, the Right-of-Way width shall be the same on both sides of the Street intersection.
(c) 
Direct vehicular access from single family or two family residential Lots onto any type of Street other than a Local Street is prohibited, except for Residential Collector Streets provided that neither side of the Street runs along the vehicle-accessible side(s) of a Lot(s) for a combined linear distance exceeding 20% of the total centerline length of the Street. Such calculations shall be submitted with the Preliminary Plat Application, thereby verifying that Lots fronting onto a collector Street do not exceed this allowed percentage.
(d) 
At least 30% of the total centerline length of all Streets (including collector Streets) within a residential Subdivision containing 30 Lots or more - or within each phase of a residential Subdivision, unless otherwise approved by City to apply to the Subdivision in its entirety rather than each individual phase - shall be curvilinear in design except the minimum centerline radius for residential Streets shall be 150 feet. Calculations shall be submitted with the Preliminary Plat Application, thereby verifying that this requirement is being met.
1.07 
Residential Subdivision Abutting or Containing an Existing or Proposed Arterial Street.
Where a residential Subdivision abuts or contains an existing or proposed Arterial Street, the City may require marginal access Streets, reverse frontage Lots (Lots which back onto the arterial), or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
1.08 
Reserve Strips Prohibited.
Reserve strips controlling access to Streets shall be prohibited, except where their control is required by the City.
1.09 
Centerline Offsets.
Intersecting, undivided Streets with centerline offsets of less than 150 feet shall be prohibited. Intersecting Streets onto an existing or future divided Street shall be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes (with required transition and stacking distances) on each divided Street, and shall be aligned with any existing or proposed Streets or driveways on the opposite side of the divided Street (in order to share the median opening).
1.10 
Degree Required for Intersections.
A Street intersection with a major Thoroughfare shall be at a 90° degree angle and shall be tangent for at least 100 feet. All other Street intersections shall be laid out so as to intersect as nearly as possible at a 90° degree angle or radial to the centerline of the intersecting Street for the full Right-of-Way width of the intersecting Street, and tangent to the intersecting Street for at least 50 feet. No Street shall intersect at an angle that is less than 80° degrees.
1.11 
Spacing of Intersections.
Intersections of Arterial Streets shall be at least 800 feet apart.
1.12 
Street section Requirements.
(a) 
Typical Street sections shall be based upon projected traffic volume, existing soil conditions, and drainage condition and requirements. Street Right-of-Way widths, Pavement Widths, and Median Widths shall be as shown on the Comprehensive Plan, in the City’s Design Standards, and shall specifically be as specified in Article 9, Table 1.
(b) 
Open-ditch Streets shall have a Right-of-Way width and Pavement Width as required in the Design Standards. Open-ditch Streets may be approved only within a single-family Subdivision where all Lots within the Subdivision are one acre or larger. Approval by the Planning and Zoning Commission and City Council of open-ditch Streets is not mandatory but rather discretionary.
1.13 
Street Loading Requirements.
Refer to the City’s Design Standards.
1.14 
Half-Streets.
(a) 
Unless otherwise provided within these Subdivision Regulations, only full-width Streets shall be constructed. If the exceptions outlined herein are applicable, the construction of half-Streets shall comply with Article 3, Section 2 of these Subdivision Regulations.
(b) 
Construction of 1/2 Streets shall be prohibited, except:
(1) 
when essential to the reasonable development of the Subdivision in conforming with the other requirements of these Subdivision Regulations and the Thoroughfare Plan;
(2) 
where the City makes a determination that there is no immediate need to be gained by constructing the full Street section since no access from the Street will be needed by the Subdivision in question; or
(3) 
where the City determines that it would be more practical, or cost effective, to delay construction of the other half of a Street until the adjoining property is developed.
(c) 
Whenever a partial Street has been previously Platted along a common property line, the other portion of the Street Right-of-Way shall be dedicated such that the Right-of-Way is increased to the Street’s ultimate planned width.
1.15 
Maximum and Minimum Length of Block or Street Segments.
The maximum length of any block or Street segment, including a looped Street, shall be 800 feet and the minimum length of any block or Street segment shall be 400 feet, as measured along the Street centerline and between the point(s) of intersection with other through Streets. A Cul-De-Sac or Dead-End Street shall not be considered a through Street. The Block Length is not measured along the side of a block that does not include the front of any Lot.
1.16 
Maximum Length of Cul-de-Sac Streets.
A Cul-De-Sac Street shall not be longer than 600 feet, and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least 80 feet and a Right-of-Way diameter of at least 100 feet. The length of a Cul-De-Sac shall be measured from the centerline of the intersecting Street to the centerpoint of the Cul-De-Sac bulb.
1.17 
City Council Waivers/Suspensions of Overlength Streets or Cul-de-Sacs.
The City Council may approve waivers/suspensions (procedures for which are outlined in Article 1, Section 10 of these Subdivision Regulations) for Overlength Streets or Cul-De-Sacs, whether temporary or permanent, upon considering the following:
(a) 
Alternative designs;
(b) 
The effect of Overlength Streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the Subdivision in traveling to and from their homes; and
(c) 
Means of mitigation, including additional mid-block Street connections, limitation on the number of Lots to be served along an Overlength Street segment or Cul-De-Sac, points of emergency access, and additional fire protection measures.
1.18 
Dead-End Streets.
(a) 
No Dead-End Streets shall be approved, except where no other alternative is available, and unless such Dead-End Streets are provided to connect with future Streets on adjacent land (i.e., the Dead-End Street is a stub-out Street).
(b) 
In the case of Dead-End Streets which will eventually be extended into the adjacent Subdivision, no more than one Lot (per side) can front onto the Dead-End Street stub unless a temporary turnaround bulb (with the appropriate temporary Street Easement) is provided at the end.
(c) 
A temporary Dead-End Street shall not exceed the maximum allowed length of a normal Cul-De-Sac and the temporary turnaround bulb must be constructed like a Cul-De-Sac, as provided in Subsection 1.16 above. The City Engineer may authorize the use of asphalt or other durable paving material than concrete for the arc, or “wing”, portions of the temporary turnaround bulb in order to minimize the cost of removing those portions when adjacent development occurs.
(d) 
A note shall be placed on the Final Plat clearly labeling any temporary Dead-End Streets (if any) that will at some point be extended into the adjacent property.
(e) 
Signage shall be placed at the end of the constructed Street stub, such as on the barricade, also stating that the Street will be extended in the future. Signage and related lettering must be large enough to be legible by a Person with normal vision at a 20-foot distance.
(f) 
Any required temporary turnaround Easements shall be shown on the Final Plat along with their appropriate recording information, if they are off-site or are established by separate instrument.
1.19 
New Streets Extending Existing Streets.
New Streets which extend existing Streets shall bear the names of the existing Streets, and shall be dedicated at equal or greater Right-of-Way widths than the existing Streets for an appropriate transition length, if applicable.
1.20 
Driveway Access - Residential and Nonresidential.
(a) 
Residential Driveways.
Residential driveway cuts shall not be allowed on Streets that are larger than a neighborhood or Residential Collector Street (60-foot Right-of-Way). Residential driveways shall be at least 30 feet from any intersection. Rear and side driveway access to collector and Thoroughfare Streets shall be prohibited.
(b) 
Nonresidential Driveways - Number.
The maximum number of nonresidential driveway cuts permitted shall not exceed the following, according to the nonresidential Lot size:
(1) 
One driveway cut for Lot frontages of 100 feet or less;
(2) 
Two driveway cuts for Lot frontages of 101 feet to 400 feet or less;
(3) 
Three driveway cuts for Lot frontages of 401 feet to 600 feet;
(4) 
Four driveway cuts for Lot frontages greater than 600 feet.
(c) 
Nonresidential Driveway - Separation.
The minimum separation between driveways shall not be less than the following distances:
(1) 
Fifty (50) feet on Local Streets;
(2) 
Ninety (90) feet on neighborhood collector Streets;
(3) 
One hundred (100) feet on divided and undivided collector Streets.
(4) 
One hundred and twenty (120) feet on Arterial Streets.
(5) 
One hundred (100) feet or a distance equal to 60% of the Lot frontage (whichever is less) on any type of Street from a through-Street intersection.
(d) 
Nonresidential Driveways - Shared Access.
Shared access driveways may be required by the City in order to ensure public safety access by providing mutual/common access to a median opening, to minimize the number of driveway cuts on Streets, thereby maintaining Street mobility, and to facilitate traffic flow between adjacent Lots. (See Article 9, Diagram A.)
(1) 
A shared mutual access Easement(s) for a driveway(s) may be required between adjacent Lots fronting on an arterial or collector Street, as designated on the Comprehensive Plan (as the Street exists or is planned to be improved in the future);
(2) 
The location and dimensions of such Easement(s) shall be determined by the Planning Director.
(3) 
Such Easements shall be noted on the Preliminary Plat and Final Plat.
(e) 
Nonresidential Driveways - Cross Access Internal Driveways.
Cross access Easements for internal driveways may be required by the City in order to minimize the number of driveway cuts on Streets, thereby maintaining Street mobility, and to facilitate traffic flow between adjacent Lots. (See Article 9, Diagram A.)
(1) 
A cross access Easement(s) for an internal driveway(s) may be required between adjacent Lots;
(2) 
The location and dimensions of such Easement(s) shall be determined by the Planning Director.
(3) 
Such Easements shall be noted on the Preliminary Plat and Final Plat.
(f) 
Driveways (Residential and Nonresidential) on TxDOT Streets.
All driveway cuts on Streets and highways maintained by the Texas Department of Transportation (TxDOT) (e.g., State roads, highways) shall meet the requirements of TxDOT’s Access Management Manual (as may be amended) and Roadway Design Manual (as may be amended), as applicable for the spacing and design of the driveway, unless City Standards are more stringent, in which case City Standards shall be met.
(g) 
Maintenance Agreements.
An agreement that provides for the perpetual maintenance of a shared driveway, cross access internal driveway, or any other common facility is required and must be filed at the time of Final Plat approval. All agreements are subject to review and approval by the City Attorney.
(h) 
Driveway Construction.
All driveways that access Streets or highways owned or maintained by the City of Aubrey shall be constructed in accordance with the driveway design standards outlined in the City’s Design Standards. Notwithstanding any other provisions of this Part of the Code or the Design Standards, rear and side residential driveway access to Expressways, Arterials and any type of collector Streets shall be prohibited.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
2.01 
Policy and Purpose.
(a) 
It is the policy of the City that the developer or Subdivider of a Subdivision within the City or its Extraterritorial Jurisdiction shall be responsible for the dedication of Right-of-Way and the construction or improvement of appropriate portions of Perimeter and Approach Streets which are necessitated by and attributable to that Subdivision. The policy is based on the view that the developer of a Subdivision should provide access and transportation facilities necessary to serve the new Subdivision and that the Perimeter and Approach Streets will provide access to and from the Subdivision, thus increasing the marketability, utility, and ultimately the value of the property within the Subdivision. The developer may be reimbursed for part of the cost of providing this access in accordance with this section.
(b) 
The purpose of this section is to establish responsibilities for the dedication of rights-of-way and the construction of Street Improvements on Streets directly abutting and/or providing access to property undergoing the process of Subdivision under laws and regulations of the City. This section is designed to be used in conjunction with the Comprehensive Plan to ensure an orderly development plan for the growth of the community and to ensure compatibility of Street systems and the development of public works infrastructure necessary to support new growth and development.
2.02 
Requirement for dedication and construction of Perimeter Streets.
(a) 
Dedication Requirement.
(1) 
A Subdivider shall dedicate a portion of the Right-of-Way for Perimeter Streets sufficient for the type of Street that is reflected in the City’s Comprehensive at that location.
(2) 
The Subdivider shall dedicate those portions of the Right-of-Way lying between the center line of the Perimeter Street and the nearest property line of the subdivided property. If a Subdivision borders only one side of a Perimeter Street, the Subdivider is responsible for dedicating Right-of-Way needed for the one-half of the Street Right-of-Way that is contiguous to the Subdivider’s property. If a Subdivider owns a tract of land that is bordered by a Perimeter Street on more than one side, the Subdivider is responsible for dedicating appropriate Right-of-Way for the entire width of the Perimeter Street.
(b) 
Additional Right-of-Way.
When a Subdivider is required to dedicate Right-of-Way for a Perimeter Street or to construct Perimeter Street Improvements, the City may require the Subdivider to dedicate Right-of-Way for ancillary drainage improvements and to construct necessary supporting drainage improvements.
(c) 
Required Paving/Construction.
Minimum width of a two-lane Thoroughfare section shall be 25 feet.
2.03 
Specific Perimeter Street Requirements.
(a) 
Local Streets.
When Development occurs adjacent to a Perimeter Street that is not designated as an Arterial or Collector Street on the Comprehensive Plan, the Developer shall comply with the following requirements:
(1) 
Existing Street.
If the Local Street adjacent to the Subdivision is not already built to City Standards, the Developer shall, at the option of the City, prior to acceptance of the Subdivision by the City:
(i) 
Dedicate any additional Right-of-Way or easements needed for the Street and other Public Improvements directly adjacent to the Developer’s side of the existing Street and Right-of-Way; and
(ii) 
Install, reinstall, or upgrade any street paving curb, gutter, drainage, sidewalks, signage, lighting, or other improvements as determined necessary by the Planning Director or City Engineer.
(2) 
Perimeter Street Fee for Existing Street.
If the Perimeter Street was constructed by a prior Developer under the provisions of a Subdivision Improvement Agreement that allows for reimbursement (see Article 6, Section 2.09), then the current Developer shall be charged a Perimeter Street Fee equal to the reimbursement amount described in the prior Subdivision Improvement Agreement. The current Developer shall pay this fee to the City before acceptance of the Subdivision by the City.
(3) 
No existing Street; Developer responsibility for construction.
If the Local Street adjoining the Development has not been constructed, or is in such condition that complete reconstruction is, in the opinion of the City Engineer or as determined by a Traffic Impact Analysis necessary, the Developer must construct a complete City Standard Street with curb, gutter, drainage facilities, sidewalks, and signage in conformance with City Standards. The initial Developer is required to construct a complete Street because it is impractical and unsafe to build only one-half of a two-lane Street. The Developer is responsible for all construction, engineering, testing, and inspection costs
(b) 
Collector Streets.
When Development occurs adjacent to a Perimeter Street, which is designated as a Major Collector or Minor Collector Street in the Comprehensive Plan, the Developer shall comply with the following requirements:
(1) 
Existing Street.
If the Minor or Major Collector Street adjacent to the Subdivision is not already built to City Standards, the Developer shall:
(i) 
Dedicate any additional Right-of-Way or easements needed for other Public Improvements directly adjacent to the Developer’s side of the existing Street surface and Right-of-Way; and
(ii) 
Install, reinstall, or upgrade any, street paving, curb, gutter, drainage, sidewalks, signage, lighting, or other improvements as determined by the necessary by the Planning Director or City Engineer.
(2) 
Perimeter Street Fee for Existing Street.
If the Perimeter Street was constructed by a prior Developer under the provisions of a Subdivision Improvement Agreement that allows for reimbursement (see Article 6, Section 2.09), then the current Developer shall be charged a Perimeter Street Fee equal to the reimbursement amount described in the prior Subdivision Improvement Agreement. The current Developer shall pay this fee to the City before acceptance of the Subdivision by the City
(3) 
No Existing Street; Developer Responsibility for Construction.
If the Perimeter Street adjoining the Development is proposed to be a Major or Minor Collector Street, and the Street has not been constructed or is in such condition that complete reconstruction is, in the opinion of the City Engineer or as determined by a Traffic Impact Analysis necessary, the Developers along each side of the Street must construct at least two complete lanes with curb, gutter, signage, drainage and sidewalk facilities in conformance with City Standards. The Developer is responsible for all construction, engineering, testing, and inspection costs. Construction of the Street or portion of the Street, as required by the City, must be completed prior to acceptance by the City of the Subdivision adjacent to the Perimeter Street.
2.04 
Requirement for Dedication and Construction of Approach Streets.
Nonavailability of Approach Street Access. If sufficient vehicular access approaching the Subdivision is not available to serve the proposed Subdivision as determined by the City Engineer or a Traffic Impact Analysis, the Developer must:
(1) 
Discontinue Development until an adequate Approach Street has been installed providing access to and from an improved Street/Thoroughfare;
(2) 
Petition the City Council to expedite the construction or expansion of an Approach Street serving the proposed Subdivision under its regular capital improvement program; or
(3) 
Construct or expand the Approach Street in order to provide required access to the proposed Subdivision. The Developer will be responsible for all costs associated with the construction of necessary Approach Streets, including, but not limited to engineering, surveying, testing, Easement preparation Easement and Right-of-Way acquisition, and inspection.
2.05 
Escrow funds.
(a) 
Established.
The City shall establish an Escrow fund for the deposit of all Perimeter Street Fees. A separate Escrow fund shall be established for each Street constructed by the Developer. All monies received from subsequent Developments or Subdivisions for pro rata reimbursements shall be deposited into the specific Escrow fund established. Funds in a specific Escrow account shall be used only for the project for which the particular Escrow fund was established.
(b) 
When City may Take Possession of Funds.
In the event that the City collects a Perimeter Street Fee under the terms of this Section 2 and the original Developer no longer exists or cannot reasonably be located, the City may, after a period of six months, take possession of the funds and use them to make general Street Improvements in the City.
2.06 
Deadlines and Adjustments.
(a) 
Time for Payment or Construction.
All construction or Escrow and payment of funds by a Developer as required in this section shall be due and payable prior to acceptance of the Subdivision by the City. Fees or construction requirements shall be paid for all property that is final Platted at time of construction of the Subdivision.
(b) 
Adjustment.
The City Council may, in appropriate cases and based upon specific facts presented, authorize an adjustment, offset or waiver of any construction or fee payment requirements under this Section 2 where it is determined that such requirements place an unreasonable burden on the Development, do not bear a rough proportionality to the requirements necessary to serve the Development or offset the impact of the Development. All such requests for adjustments shall comply with the requirements in Article 1, Section 11 of these Subdivision Regulations.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
3.01 
Application of Standards.
The standards for Alleys within this section shall be applicable to any Alleys provided or constructed by a developer in any development in Aubrey or its ETJ.
3.02 
Residential Alleys.
In residential districts, Alleys shall be parallel, or approximately parallel, to the frontage of the Street. Alleys in residential districts shall provide a minimum of 15 feet of Right-of-Way and 10 feet of pavement.
3.03 
Nonresidential Alleys.
Service Alleys in nonresidential districts shall have a minimum Right-of-Way width of 20 feet and a Pavement Width of 15 feet.
3.04 
General Design Standards for Alleys.
(a) 
Pavement.
Alleys shall be paved in accordance with the City of Aubrey’s Design Standards and construction standards that are in effect at the time the Preliminary Plat Application is officially submitted and deemed a complete Application.
(b) 
Turnouts and Street Entrances.
Alleys shall have adequate turnouts and Street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end Alley situation is unavoidable, a temporary turnaround bulb having a minimum radius of 40 feet or a turnout onto a Street, either of which will need a temporary Easement for Street or Alley purposes, shall be provided as determined by the Planning Director; in such case, the developer shall pay for and post a Sign that meets City specifications at the entrance denoting the dead-end Alley.
(c) 
Maximum Length and Waivers/Suspensions.
Alleys shall not exceed a maximum length of 800 feet, as measured along the centerline of the Alley and between intersections with other Alleys or entrances onto Streets (at the Right-of-Way line of the Street at the Alley entrance). The City Council may approve waivers/suspensions for Overlength Alleys upon consideration of the following:
(1) 
Alternative designs;
(2) 
The effect of Overlength Alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the Subdivision in accessing rear driveways and in driving around to the front of their homes; and
(3) 
Means of mitigation, including but not limited to additional mid-block Alley turnouts, limitation on the number of Lots to be served along a single Alley segment, points of access, and additional fire protection measures.
(d) 
Intersections.
Alley intersections shall be perpendicular and at a 90 degree angle or radial to the intersecting Alley centerline for the full Alley Right-of-Way width.
Intersection pavement design shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided. No Alley intersection serving more than four directions shall be allowed.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
4.01 
Width of Easements.
(a) 
Utility.
The minimum width for utility Easements shall be in accordance with the standards outlined in the Design Standards and shall be adequate for the installation and maintenance of utilities that are likely to be located in the Easement.
(b) 
Drainage.
The minimum width for City drainage Easements shall be as required by the Planning Director and City Engineer.
(c) 
Storm Drainage or Floodway.
Where a Subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a storm drainage Easement or Right-of-Way conforming substantially with such course and of such additional width as may be designated by the Planning Director and City Engineer, subject to determination according to proper Engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel Streets or parkways are encouraged adjacent to certain portions of creek or drainageways to provide maintenance access and/or public access and visibility into public open space or recreation areas. Utilities may be permitted within a drainage or floodway Easement only if approved by the Planning Director and City Engineer and any other applicable entity requiring the drainage or floodway Easement.
(d) 
Other.
The width of Easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the Developer’s responsibility to determine appropriate Easement widths required by other utility companies.
4.02 
Location of Easements.
Easement shall be located to accommodate the optimal design (as determined by the City) of the various utility and drainage systems that will serve the Subdivision, and shall be provided in locations to accommodate any public purpose deemed necessary to protect the public health safety and welfare. In residential Subdivisions, where Alleys are not provided, a minimum 10 foot wide utility Easement shall be provided along the front of all Lots, adjacent to and flush with the Street Right-of-Way line for the potential placement of utility facilities.
4.03 
Computation of Lot and Buildable Area.
A Lot’s area shall be computed inclusive of all Easements. However, there shall be a minimum buildable area, exclusive of required Easements, buffer zones and setbacks for each Lot. The minimum buildable area shall be an area 1/2 of the required minimum Lot size. If the City disputes the buildable area of any Lot, the Developer shall submit verification in writing that the buildable area is adequate for the type of housing product (or nonresidential building) proposed for that Lot. Final approval of the allowed buildable area for any Lot shall be by the City.
4.04 
On-Site Easements Shown on Plat.
For new development, all necessary on-site Easements shall be established on the Plat and not by separate instrument, and they shall be labeled for a purpose, such as for franchised public utilities. Other examples include, but are not limited to, the following: a drainage Easement, which is dedicated to the City for a drainage structure; an access Easement, which is dedicated to the public for unrestricted access purposes; a fire lane Easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes; and an electrical, gas, or telephone Easement which is dedicated to the specific utility provider that requires the Easement.
4.05 
Visibility Easements.
(a) 
Type of Intersection.
Whenever an intersection of two or more public Rights-of-Way occurs, a triangular visibility area shall be created. The visibility Easement for each type of intersection shall be as follows:
(1) 
Intersection of two Arterial Streets: 40 feet from the intersection Right-of-Way;
(2) 
Intersection of a collector or Local Street onto an Arterial Street: 25 feet from the intersection Right-of-Way;
(3) 
Intersection of two collector or Local Streets (or one of each): 25 feet from the intersection Right-of-Way; and
(4) 
Intersection of two Alleys: 20 feet from the intersection right-of-way.
(b) 
Fixed Items.
The maximum height of fences, walls, signs, and other similar fixed items shall be 30 inches within the visibility Easement.
(c) 
Landscaping.
All landscaping (and any other fixed feature) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 30 inches and eight feet. A limited number of single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. Landscaping, except grass and low ground cover, shall not be located closer than three feet from the edge of any Street pavement.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
5.01 
Determination.
The length, width and shapes of blocks shall be determined with due regard to the following:
(a) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(b) 
Zoning requirements as to Lot sizes, setbacks and dimensions (if within the City’s corporate limits); and
(c) 
Needs for convenient access, circulation, control and safety of Street traffic and for pedestrians or bicyclists traveling to a public park or school site or other facility within or close to the neighborhood.
5.02 
Lengths and Widths.
Intersecting Streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary Subdivision practices. Where no existing Subdivision or topographical constraints control, Block Lengths shall be in accordance with Article 3, Section 1.15 of these Subdivision Regulations. However, in cases where physical barriers or Property Ownership creates conditions where it is appropriate that these standards be varied, the length may be increased (through issuance of a waiver/suspension by the City Council) or decreased to meet the existing conditions having due regard for connecting Streets, circulation of traffic and public safety.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
6.01 
Provided in Residential and Nonresidential Areas.
(a) 
Pedestrian concrete walkways (sidewalks) not less than the following width shall be provided along both sides of newly constructed Streets as follows:
STREET TYPE
SIDEWALK WIDTH
Arterial
5 feet
Divided and Undivided Collector
5 feet
Neighborhood Collector
5 feet
Local Residential
4 feet
(b) 
Construction standards for sidewalks shall be as set forth in the City of Aubrey’s Design Standards.
6.02 
Provided Along Perimeter Streets.
(a) 
All sidewalks along a Perimeter Streets are considered part of the overall development’s required Public Improvements. A Certificate of Occupancy will not be issued for any Lot within the Subdivision until the required sidewalks are in place or appropriate Surety is provided.
(b) 
The cost and provision of any perimeter sidewalks, such as along major Thoroughfares, may be Escrowed as a part of a Subdivision Improvement Agreement, if approved by the City Council. The City has the right to refuse Escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety, convenience or welfare.
6.03 
Pedestrian Access.
The City may require, in order to facilitate access from the Streets and Streets to schools, parks, playgrounds or other nearby Streets, perpetual unobstructed Easements of up to 15 feet in width. The improved pedestrian surface that provides such access must be within the Easement.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
7.01 
Requirements of the Zoning District If Applicable.
Lots shall conform to the minimum requirements of the established zoning district, if located within the City’s corporate limits.
7.02 
Minimum Frontage on a Public Street.
Each Lot on a Subdivision Plat shall front onto a dedicated, improved public Street, or approved commercial private access unless Platted as an approved Private Street Subdivision in accordance with these Subdivision Regulations. All Lots shall have a minimum of 40 feet of frontage along the pavement edge of a dedicated, improved Street or access.
7.03 
Irregularly Shaped Lots.
Irregular-shaped Lots shall have sufficient width at the building line to meet Lot width and frontage requirements of the appropriate zoning district (if within the City’s limits). Such Lots shall also provide a reasonable building pad without encroachment into front, side or rear Yard setbacks or into any type of Easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways when Alleys are present (minimum 20-foot Alley frontage). In general, triangular, severely elongated or tapered, “flag” or “panhandle” Lots shall be avoided, and the City reserves the right to disapprove any Lot which, in its sole opinion, will not be suitable or desirable for the purpose intended, which is an obvious attempt to circumvent the purpose and intent of Lot configuration or Lot width minimums, or which is so oddly shaped as to create a hindrance to the logical Lot layout of surrounding properties.
7.04 
Side Lot Lines.
Side Lot lines shall be at 90 degree angles or radial to Street Right-of-Way lines to the greatest extent possible. The City reserves the right to disapprove any Lot which, in its sole opinion, is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not appropriately oriented toward its Street frontage.
7.05 
Double Frontage Lots.
Double frontage Lots shall be avoided, except where they may be essential to provide separation of residential development from arterial or collector Streets, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where Lots have double frontage, appropriate Building Setback Lines shall be established for each Street side, and rear Yard screening shall be provided in accordance with Article 5, Section 7 of these Subdivision Regulations. Except as provided within this subsection, residential Lots shall not back onto any residential Street or collector Street within a residential area or neighborhood, and shall not have more than 1/2 of their perimeter boundaries along Streets.
7.06 
Corner Lots.
(a) 
Corner lots with a width less than 65 feet are to be at least five feet wider than the average of interior lots in the block. Corner Lots with a width less than 75 feet adjacent to a Major Collector or Thoroughfare shall be at least 15 feet wider than the average of interior lots in the block.
(b) 
Where corner lots are key lots, the corner lot shall have a front building line on both Streets, unless said key lot is separated from other lots by a dedicated Street or Alley.
(c) 
Where corner lots are also double frontage lots, consideration shall be given to providing adequate width and depth to ensure that adequate site visibility is provided at the rear corner intersection
7.07 
Lot Depth.
(a) 
No lot shall be Platted less than 100 feet in depth.
(b) 
Lots facing or backing on major Streets shall be at least 10 feet deeper than the average depth of lots facing on the minor Streets.
7.08 
Computation of Lot and Buildable Area.
A Lot’s area and buildable area shall be computed as outlined in Section 4.03, above.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
8.01 
Platting.
Front building lines shall be shown on all Plats (i.e., all types) for all Lots.
8.02 
Requirements in City.
For property that is within the City, building lines shall be consistent with the Zoning Ordinance requirements for the district in which the development is located and with any other applicable City ordinance.
8.03 
Requirements in Extraterritorial Jurisdiction.
For property that is within the City’s extraterritorial jurisdiction, the minimum front building line for all Lots (residential or nonresidential) shall be 25 feet.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
9.01 
Meanings.
For the purposes of this section of the Code, the following terms, phrases, words, and their derivatives shall have the meanings given herein. Definitions not expressly prescribed herein are to be determined in accordance with customary usage in municipal planning and Engineering practices. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural. The word “shall” is deemed as mandatory. The word “may” is deemed as permissive.
Utility Services
means the facilities of any Person, firm or corporation providing electric, natural gas, telephone, cable television, internet, or any other such item or service for public use approved but not provided by the City of Aubrey.
Feeder or Feeder/Lateral Line
means high voltage supply electric lines carrying more than 69,000 volts that emanate from substations used to distribute power through an area to an unspecified number of customers.
Lateral Lines
mean those electric or telephone lines used to distribute service from a Feeder Line to a single Subdivision. These electric lines are normally connected to a Feeder Line through a sectionalizing device such as a fuse.
Service Lines
mean those lines used to connect between the utilities’ system or Lateral Lines and the end user’s meter box.
9.02 
Provision for Utility Services.
(a) 
All Subdivision Plats and engineering plans submitted to the City of Aubrey for approval shall provide for Utility Services such as electrical, gas, telephone and cable television utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate Easements. There shall be provided at Street intersections underground conduits as approved by the City Engineer for utility public road Right-of-Way crossings. There shall be no other utility road crossings except as authorized by the Director of Public Works or City Engineer. No utilities except those of the city may be installed in the rights-of-way of public roads except as provided in the City’s regulations governing Management of Public Rights-of-Way set forth in Part II, Article 50 of this Code.
(b) 
Feeder Lines.
(1) 
An Applicant shall endeavor and, whenever practical, the City shall require that Feeder Lines are placed away from major or Minor Collectors or arterials, as shown on the Comprehensive Plan.
(2) 
Whenever practical, Feeder Lines which are to be placed overhead shall not be placed along both sides of the Street Right-of-Way.
(c) 
Utility Companies.
(1) 
The locations, widths and configurations of Easements for any utility service provider other than the general utility Easements dedicated to the City of Aubrey shall be determined, approved and acquired (if necessary) by the applicable utility service provider.
(2) 
Each of the utility companies shall be responsible for developing administrative policies, criteria for Easement size, and cost reimbursement procedures for the installation and extension of their underground utilities.
(3) 
Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the developer in accordance with the provisions of such utility’s approved tariff.
(4) 
No utility company shall be required or permitted to begin construction of underground facilities unless and until the developer of the Subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities.
9.03 
Electrical and Telephone Support Equipment.
All electrical and telephone support equipment, including amplifiers and switching devices necessary for underground installations, shall be pad- or ground-mounted, or shall be placed underground and not overhead, unless the Subdivision is served from perimeter overhead electrical facilities.
9.04 
Temporary Overhead Lines and Facilities.
Temporary construction service may be provided by overhead electric lines and facilities without obtaining a waiver/suspension or special exception, provided that when the underground utility service to any portion of a Subdivision is completed, such overhead electric lines and facilities are promptly removed.
9.05 
Existing Facilities.
Nothing in this section shall be construed to require any existing facilities in place prior to the effective date of these Subdivision Regulations to be placed underground.
9.06 
Metering.
The metering for utilities such as water, gas and electricity shall be located on the individual Lots to be served, not grouped together in a centralized location(s), such as “gang-box” style metering stations, unless specifically authorized by the Director of Public Works.
9.07 
Inspection by the City and Conformance with City Standards.
All utility installations shall be subject to inspection by the City, and shall be in conformance with any applicable City ordinance (including the Design Standards and Management of Public Rights-of-Way) related to their placement within public Rights-of-Way within Easements, or elsewhere in the City (including on private property).
9.08 
Location of Utilities within Easements and Rights-of-Way.
The City may designate or assign locations for the installation of utilities within Easements or Rights-of-Way dedicated to the City.
9.09 
Required Utilities.
No building permit shall be issued until all lots within any Subdivision shall have readily available electricity, and telephone service.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
10.01 
Connections for Water.
All new Subdivisions shall be connected with the City’s water system or other public water supply system approved by TCEQ. The water system shall be capable of providing water for health and emergency purposes, including fire protection. The design and construction of water system shall comply with the following standards:
(1) 
Applicable regulations of the Texas Commission on Environmental Quality (TCEQ).
(2) 
Standards in the City’s Design Standards.
(3) 
Fire protection and suppression standards in accordance with the City’s policies and ordinances including Fire Code adopted by the City.
10.02 
(Reserved).
10.03 
Subdivider Responsibilities.
The Subdivider shall be responsible for the following:
(1) 
Phasing of development or improvements in order to maintain adequate water and wastewater services;
(2) 
Extensions of utility lines (including any necessary on-site and off-site lines) to connect to existing utility mains of adequate capacity;
(3) 
Providing and/or procuring all necessary Easements for the utilities (whether on-site or off-site);
(4) 
Providing proof to the City of adequate water and wastewater service;
(5) 
Providing for future expansion of the utilities if such will be needed to serve future developments, subject to the City’s oversize participation policies (refer to Article 1, Sections 4 and 11, and Article 6, Section 2.03 of these Subdivision Regulations for information on adequate facilities and proportionality of developer participation), if applicable;
(6) 
Providing all operations and maintenance of the private utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities;
(7) 
Providing all fiscal Security required for the construction of the utilities;
(8) 
Obtaining approvals from the applicable utility providers if other than the City; and
(9) 
Complying with all requirements of the utility providers, including the City.
10.04 
Location of Lines.
Extension of water and wastewater lines shall be made along the entire frontage of the Subdivision adjacent to a Street or Thoroughfare in Rights-of-Way or dedicated Easements.
(1) 
If the Subdivision is not adjacent to a Thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new Subdivisions.
(2) 
If new Subdivisions are not likely to be developed beyond the proposed Subdivision (due to physical constraints), the Planning Director and City Engineer may waive the requirement for adjacent utility line construction at the time of Preliminary Plat approval and prior to construction of the Subdivision.
(3) 
The City shall determine the location and routing of water and sewer extensions and shall retain the authority to reject any extension not deemed to be in the best interest of the City.
10.05 
Utilities Not Specified.
Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with any other applicable State rules and regulations, whichever is the most stringent.
10.06 
Dead-End Water Lines.
(a) 
Dead end water lines should be avoided, but when deemed necessary, they should be extended to, and then through, the property sought to be subdivided.
(b) 
All dead end water lines shall be valved and provided with a valve and fire hydrant located at the extreme end of the line instead of the blow off mechanism for their flushing, in accordance with current City standard specifications.
10.07 
Payment of Pro-Rata Charges.
Where the proposed Subdivision would abut and utilize an existing water main and/or sanitary sewer main of the City, the Developer shall pay to the City any applicable “pro rata” charge per requirements of the City or previous pro rata agreement.
(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 590-16, sec. 2, adopted 3/15/16)
11.01 
Drainage System Generally.
(a) 
Drainage improvements shall accommodate runoff from the upstream drainage area and shall be designed to prevent overloading the capacity of the downstream drainage system or adversely impacting either upstream or downstream properties.
(b) 
The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development.
(c) 
No storm water collection system shall be constructed unless it is designed in accordance with this section and with the City’s Design Standards by a licensed professional Engineer, and unless it is reviewed and approved by the City Engineer.
(d) 
All plans submitted to the City Engineer for approval shall include a layout of the drainage system together with supporting calculations for the design of the system.
11.02 
Drainage Easements Clear.
Drainage Easements shall be kept clear of all obstructions, such as but not limited to, fences, buildings, trees and shrubs, or other structures or improvements which in any way endanger or interfere with the construction, maintenance, or operation of any drainage system.
11.03 
Off Site Drainage.
(a) 
The Property Owner to be developed shall be solely responsible for all storm drainage flowing on or from the Property Owner’s property. This responsibility includes the drainage directed to that property by prior development as well as drainage naturally flowing through the property by reason of topography.
(b) 
Adequate consideration shall be given by the Property Owner in the development of property to determine how the discharge leaving the proposed development will affect downstream property. As part of any Application by a Property Owner for development that will affect downstream property, the Property Owner shall furnish the City with a letter signed by a Texas Professional Engineer stating that the development as designed will not damage downstream property due to the development’s impact on off-site drainage.
(c) 
On Lots or tracts of three acres or more where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers, unless proper drainage Easements or notarized letters of permission from the affected Property Owner are provided.
11.04 
Cross-lot Drainage Prohibited.
Drainage between residential lots is the responsibility of the affected Property Owner(s). Property Owners are required to drain surface runoff from an individual lot to a public Right-of-Way or to an underground drainage system contained in a public Easement and will not be allowed to surface drain onto another lot. The City Manager shall have the discretion to allow modifications to the lot-to-lot drainage requirements where adherence to these requirements would be in conflict with other City ordinances and/or regulations.
11.05 
Erosion and Sedimentation Control.
All erosion and sedimentation controls shall conform to the Design Standards and the current National Pollution Discharge Elimination System (NPDES) regulations.
11.06 
Changing Existing Ditch, Channel, Stream or Drainageway.
No Person, individual, partnership, firm or corporation shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainageway without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having jurisdiction. The City Engineer may require preparation and submission of a CLOMAR, LOMR, other appropriate map revision or flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer.
11.07 
Siting of Lots and Building Sites.
In order to help reduce storm water runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the Street network, Lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.
11.08 
Approval.
Lots in any proposed Subdivision shall not be approved until drainage facilities adequate to prevent flooding have been installed or necessary arrangements made for such installation as required under these Subdivision Regulations.
11.09 
Issuance of Building Permits.
On any Lot designated by the City Engineer as requiring completion or partial completion of drainage improvements prior to building construction, no building permits shall be issued prior to a release authorized by the Planning Director.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
12.01 
Definitions.
For the purposes of this Section 12, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Associated Facility.
An apparatus or improvement that is used in conjunction with a water or wastewater line that provides water or wastewater service to a tract of land, regardless of where the associated facility is located. The term includes but is not limited to a lift station, a force main, a pump station, a storage tank, or an addition to an existing facility that increases the capability of the existing facility to provide water or wastewater service.
Developer.
The person, business, corporation or association responsible for the development of a lot, parcel or tract, and includes the property owner or subdivider.
Oversize or Oversizing.
With reference to a water or wastewater line or an associated facility, means an increase in the size or capacity of the line or associated facility above the standard size, including fire flow requirements, that is necessary to provide complete utility service to a particular development. With respect to any associated facility, “oversize” or “oversizing” means the size or capacity in excess of the size or capacity that would otherwise be necessitated by the particular development as determined by the City engineer.
Pro Rata Fee.
A charge made against a lot, tract or parcel for the purpose of reimbursing the City or a developer a proportionate share of the service extension costs for extending a water or wastewater line and associated facilities that serves the property against which the charge is made.
Service Extension.
A water or wastewater line or an associated facility that is necessary to extend water or wastewater service from a major City transmission main or collection main to a tract of land and across the tract or frontage of the tract to a point determined by the City engineer to be consistent with further service extensions of the City, provided that the extension does not extend beyond the property boundaries of the tract.
Service Extension Application.
A request in writing to the City for extension of water or wastewater service to a development.
Service Extension Costs.
The total costs of any off-site service extension, as initially determined by the City’s engineer, including but not limited to costs of land/easement acquisition, design and construction costs, and any permitting or administrative fees required for such extension, but not including amounts expended solely for oversizing.
Service Extension Contract.
A legal document that defines the responsibilities and requirements of the entity requesting a service extension and the City with regard to the service extension. A service extension contract may be required at the sole discretion of the City.
Standard Size.
With respect to a water or wastewater line, the standard size means an eight-inch diameter line. With respect to any associated facility, the standard size is the size or capacity needed to serve a particular development as determined by the City engineer.
Water or Wastewater Line.
A necessary appurtenance to a water distribution or wastewater collection system. The term includes a valve, manhole, connection, air release, diversion, and other equipment necessary to make the water distribution or wastewater collection system operable in compliance with the design criteria and standards of the City.
12.02 
Responsibilities of Developer; Application.
(a) 
The developer shall extend all water and wastewater lines and associated facilities needed to connect the development or land use with the City’s approved water distribution system and wastewater collection system. The developer shall further extend all lines across the property currently being developed or to the point on such property from which such lines will be extended to serve adjoining land as determined by the City. As a condition of acceptance of water or wastewater lines, the City may require conveyance of an easement across the property currently being developed as well as other contiguous property owned by the developer for purposes of future extension of the water or wastewater lines. All initial service extension costs and all initial costs of oversizing, shall be borne by the developer or property owner, subject to reimbursement from proceeds of pro rata fees or cost participation pursuant to Sections 12.10 and 12.11. Requests for extension of water and wastewater lines shall be as provided for in this Section 12.
(b) 
A service extension application is required to:
(1) 
Connect a tract of land to the existing City system; or
(2) 
Provide utility service to a tract of land if an existing line or associated facility is unsuitable or insufficient to provide service to the tract.
(c) 
A developer or property owner must submit an application for a service extension to the City engineer.
(d) 
An application for a service extension must:
(1) 
Include a general description of the location, size, and capacity of the service extension; and
(2) 
If within the City’s ETJ, be accompanied by an irrevocable petition to the City for voluntary annexation at such time and under such conditions as deemed appropriate by the City.
(e) 
If either water or wastewater service is to be provided by an entity other than the City, the application must be accompanied by evidence of a commitment from the other entity to provide the other required service. The evidence must be in the form of:
(1) 
A contract with the entity;
(2) 
A letter from the entity; or
(3) 
The minutes of the relevant meeting of the governing body of the entity.
12.03 
Administrative Approval.
(a) 
The City manager may approve an application or contract for a service extension if:
(1) 
The requested service extension does not include a request for establishment of pro rata fees or cost participation by the City; and
(2) 
The City Manager determines that sufficient capacity exists or will be available to meet the projected demands of the development or land use to be served.
(b) 
If a requested service extension includes a request for establishment of pro rata fees or cost participation by the City, or if the City manager does not determine that sufficient capacity exists or will exist, the application must be processed under Sections 12.12 and 12.13 and requires a service extension contract.
12.04 
Construction Standards; Submission of Construction Plans.
(a) 
After a service extension application or service extension contract has been approved, an applicant must submit the construction plans for needed improvements to the City engineer for review and approval of the size, capacity, and routing of the improvements.
(b) 
The City engineer may approve the size, capacity, or routing of an improvement only if it complies with generally accepted engineering practices and each applicable City requirement.
(c) 
Water and wastewater lines shall be oversized where needed to provide capacity to other existing or new developments in the area to be served in order to avoid duplication of facilities, in conformity with the City’s generally accepted engineering practices.
(d) 
The location and size of all water and wastewater lines necessary to serve land to be developed shall be in accordance with the City’s generally accepted engineering practices and in accordance with the City’s subdivision regulations.
(e) 
When an existing water or wastewater line provides service to a proposed development, the developer shall pay all applicable pro rata fees pursuant to Section 12.13 or 12.15 for the water line or wastewater line before extension of or connection to such main is made.
12.05 
Submission of Additional Information.
An applicant for a service extension shall provide information determined by the City engineer to be necessary to demonstrate that construction of the service extension complies with the requirements of the City.
12.06 
Expiration of Approval.
(a) 
Unless extended under subsection (b) or (c), the approval of a service extension application remains valid until the latest of:
(1) 
The date on which the preliminary plat expires for the property to be served by the service extension; or
(2) 
The second anniversary of the date on which the service extension application was approved, if on or before that date:
(i) 
A preliminary plat for the property to be served has not been approved; and
(ii) 
Construction of the service extension has not begun; or
(3) 
The date established in the service extension contract.
(b) 
If construction of a service extension begins before the approval expires under subsection (a), the City manager may extend the approval of a service extension for the period of time estimated to be necessary to complete construction of the service extension.
(c) 
Under this section, if the approval of a service extension requires a service extension contract:
(1) 
Construction of the service extension shall not begin until fiscal security is posted or money is deposited in compliance with section 12.07; and
(2) 
The service extension approval is extended until construction of the service extension is complete and the City accepts the lines and associated facilities constructed under the contract.
12.07 
Fiscal Security.
(a) 
For construction contracts administered by the City, fiscal security in an amount approved by the City engineer to be equal to 100% of the estimated service extension costs and 100% of the costs of any oversizing, must be deposited in cash with the City prior to entering into a construction contract.
(b) 
For construction contracts administered by a party other than the City, the fiscal security must be posted prior to the execution of a construction contract and must be in the form of:
(1) 
An irrevocable letter of credit that has a minimum term of three years and is acceptable to the City;
(2) 
A performance bond; or
(3) 
A cash deposit.
12.08 
Hardship Policy for Extension to Single Dwelling Unit.
(a) 
The City may, at its expense and in its sole discretion, upon written request of a property owner, extend a water or wastewater line of a size determined by the City to serve a single dwelling unit if funds are available to pay the cost of installing the line and the extension meets the standards in subsection (b).
(b) 
The person requesting the extension must demonstrate that:
(1) 
A substantial hardship would result if the extension is not made;
(2) 
Denial of the extension would result in potential water quality degradation; and
(3) 
The extension is necessary to provide like benefits as normally provided to similarly served property.
(c) 
The City may require that the property owner making the request share in the service extension costs, and that the property owner grant all necessary easements to continue line extensions to serve adjoining land.
(d) 
This policy has no application to circumstances in which multiple connections are requested or necessary to serve existing or proposed development, or in which the City determines to initiate construction of a water or wastewater line or associated facility that serves multiple users. This policy may not be invoked to finance serial connections to lots in an existing subdivision.
12.09 
Eligibility for Pro Rata Fees.
A developer that agrees to construct a water or wastewater line or an associated facility that on acceptance will become part of the City’s water and wastewater system and which supplies capacity to other existing or new developments, and that is not a facility or a portion of a facility included on the capital improvements plan for water or wastewater facilities, may apply to the City to establish pro rata fees to be paid by other users of the facilities and to reimburse the developer a proportional amount of the service extension costs. The developer also may apply for cost participation by the City for the costs of oversizing water or wastewater lines or associated facilities in excess of the standard size.
12.10 
Calculation of Pro Rata Fees.
(a) 
The amount of the cost reimbursement for an extension, if any, shall be computed as the off-site length of a water or wastewater line that has been extended by a developer multiplied by the then-current average cost, per linear foot, of the service extension costs, as determined by the City engineer. The amount of the pro rata fee based upon such computation shall be established for each side of the line to which connections are to be made. For mains that can be connected to from both sides, the fee for each side shall be equivalent to 1/2 of the average linear foot cost referenced above, multiplied by the length of the water or wastewater line on or abutting the property being charged. For mains that can be connected to from one side only, the fee shall be equivalent to the average linear foot cost referenced above, multiplied by the length of the line on or abutting the property being charged.
(b) 
In the alternative, the developer may apply for a different cost reimbursement formula, based upon engineering cost estimates of the service extension costs agreed upon in writing by the City manager and the applicant, and verified in a study provided by the applicant approved by the City engineer. The study shall aggregate the costs of associated improvements where feasible. The City may establish guidelines for eligible costs to administer the policy in this section. The amount of the pro rata fee shall be that calculated in the approved study. The study shall contain the following minimum elements:
(1) 
Identification of the area and all properties to be served by the water or wastewater lines or associated facilities to be installed;
(2) 
Identification of the costs of the facilities to be installed;
(3) 
Apportionment of the costs of the facilities to be installed among lots, tracts or parcels to be served by the improvements, based upon capacity to be utilized by such properties, using accepted engineering standards and practices;
(4) 
Calculation of the maximum amount of the costs which are to be reimbursed to the developer or property owner, net of costs attributable to the developer’s or property owner’s utilization of capacity of the lines or associated facilities; and
(5) 
Calculation of a pro rata fee to be charged per unit of land that is to be connected to the water or wastewater lines or associated facilities.
(c) 
In making the initial determination of appropriate pro rata fees under subsections (a) or (b), above, the City engineer shall certify in writing that the amount of the pro rata fee is roughly proportionate to the impact that the properties to be charged will have on the City’s water and wastewater utility system.
(d) 
After construction of off-site improvements by a developer that are subject to reimbursement from pro rata fees, but before the City’s acceptance of such improvements, the City engineer may request, and the developer shall be required to promptly supply, verifiable proof of the actual costs expended as to all such off-site improvements. If the actual costs to complete such improvements-including but not limited to costs of land/easement acquisition, design and construction costs, and any permitting or administrative fees required for such extension, but not including amounts expended solely for oversizing-are less than the City engineer’s initial determination of the service extension costs under subsection (a) or (b), above, then the amount of pro rata fees as relates to those improvements shall be decreased to correspond to said actual costs.
12.11 
Cost Participation for Oversized Lines.
The City may participate in the reasonable construction costs of oversizing water or wastewater lines that exceed the standard size of a water or wastewater line, and/or associated facilities. The developer initially shall be responsible for the entire cost of the oversized facilities. City oversize participation shall be in accordance with this section and any applicable provisions of the City’s subdivision or other regulations. The City in its sole discretion shall determine the amount of any cost participation based on engineering estimates of the costs attributable to the increase in the size of lines exceeding the standard size, taking into consideration the degree to which the need for such oversizing is created by the development for which service extension is being requested. In no event may the City be required to participate in the costs of oversize facilities pursuant to this section if there are no funds available for such purposes.
12.12 
Contract Required.
(a) 
The applicant for approval of a service extension must request the establishment of pro rata fees or cost participation in writing at the time the applicant applies to the City manager for approval of the service extension. If the applicant for approval of a service extension requests establishment of pro rata fees or cost participation, a written service extension contract is required.
(b) 
The service extension contract shall include at a minimum the pro rata fee and cost participation, if any, approved by the City, the duration of the right to collect pro rata fees, and provisions for forfeiture of such fees to the City in the event they are not collected by the contracting party, his or her successor-in-interest, or assignee.
(c) 
An executed service extension contract may be assigned by the party requesting service extension with the written consent of the City, which shall not be unreasonably withheld.
12.13 
Review and Approval; Collection of Pro Rata Fees.
(a) 
The City manager shall review each request for cost reimbursement from pro rata fees or cost participation for oversizing lines.
(b) 
The City manager shall formulate his or her recommendation concerning the cost reimbursement from pro rata fees or cost participation for oversizing lines, which shall address each of the following minimum criteria:
(1) 
The line to be extended has not been included on the impact fee capital improvements plan for that category of capital improvement;
(2) 
The size of each proposed line or facility complies with the generally accepted engineering practices and other planning criteria of the City and final design and routing will comply with the technical standards;
(3) 
Any alternative study proposing pro rata fees fairly apportions the extension costs among prospective users of the facilities to be installed;
(4) 
The proposed line or facility is a reasonable extension or addition to the water and wastewater utility system; and
(5) 
Funds for participation in the costs of oversizing lines are available from an identified source of funds or funds will be available to meet the proposed payment schedule.
(c) 
The City manager shall forward his recommendation on pro rata fees and cost participation, together with the proposed service extension contract, for decision by the City council.
(d) 
Upon approval of the request for reimbursement from pro rata fees, any developer or user of property with frontage along the off-site portion of the water or wastewater line or of property that is identified in the approved fee study thereafter that connects to or utilizes the capacity of the water or wastewater line or associated facility for which a pro rata fee has been established shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or user before approval of the engineering plans for the development required to pay the fee, or before connection to the water or wastewater line for which the fee has been established, whichever first occurs.
12.14 
Conditions.
(a) 
A developer constructing a water or wastewater line or an associated facility that is eligible for cost reimbursement from pro rata fees or cost participation for oversizing may not receive cost reimbursement payment for the line or facility unless the entity complies with each requirement or regulation of the City relating to:
(1) 
The public advertising of the line or facility;
(2) 
The bidding on the line or facility;
(3) 
A performance or payment bond for the line or facility; and
(4) 
A warranty on the line or facility.
(b) 
The developer constructing the line or facility is not entitled to receive a cost reimbursement payment from pro rata fee proceeds or cost participation for oversizing lines until the entity submits documentation showing the entity’s compliance with each requirement described by subsection (a) and the line or facility is accepted in writing by the City.
12.15 
Payments to Developer.
(a) 
For projects subject to a service extension contract approved by the City by April 1 of any year, the City shall pay the developer holding the extension contract any eligible cost reimbursement for oversizing, without interest, within 60 days of completion and acceptance of the project by the City, but no earlier than the following September 1.
(b) 
For projects for which a service extension contract is approved by the City after April 1 of any year, the City shall pay the developer holding the extension contract any eligible cost reimbursement for oversizing, without interest, for a completed and accepted project within 60 days of completion and acceptance of the project by the City but no earlier than September 1 of the next calendar year.
(c) 
For a period of 15 years following the City’s acceptance of the water line, wastewater line, or associated facility, the developer shall be entitled to reimbursement from the proceeds of the pro rata fees established pursuant to this Section 12, up to the maximum amount of the reimbursement established in the approved extension contract. The City may deduct 2% of the amount of pro rata fees collected from the amount of the fees reimbursed to the developer as an administration fee.
(d) 
Pro rata fees which have been collected pursuant to the service extension contract shall be paid to the developer annually no later than October 1 of each year, until the term of the agreement expires.
(e) 
The City may establish one or more pro rata fee accounts for purposes of administering the policies of this Code. The City shall deposit all pro rata fees collected pursuant to this article into such account(s). Expenditures from such accounts shall be earmarked solely for reimbursement of developers for the installation of water lines or wastewater lines or associated facilities for which pro rata fees have been established pursuant to this article.
(f) 
It shall be the responsibility of the service extension contract holder or his assignee to provide to the City in writing current contact information. The City will mail reimbursement payments to the last contact of record reflected on its books. In the event that the service extension contract holder or his assignee has not collected pro rata payments or cost participation in oversize lines sent to the contact of record for a period of one year from the date such payments are due pursuant to this section, such accrued amounts shall become the funds of the City for purposes of expenditure on cost participation for oversizing lines or other system improvements in the City’s sole discretion.
12.16 
Pro Rata Fees for City Projects.
(a) 
The City may initiate capital projects from time to time involving construction of water or wastewater lines or associated facilities, and may seek to recoup its costs through establishment of pro rata fees.
(b) 
Prior to establishing fees, the City shall either compute fees based upon a per average linear foot formula similar to the formula described in Section 12.10(a) or pursuant to a study that satisfies the requirements of Section 12.10(b). The City council shall establish pro rata fees based upon the front footage formula or alternative study.
(c) 
Following establishment of pro rata fees by the City council, the developer or user of property with property frontage on the extended water or wastewater line or of property that was identified in the approved pro rata fee study thereafter that connects to or utilizes the capacity of the water or wastewater line or associated facility for which a pro rata fee has been established shall pay the applicable fee. Pro rata fees shall be collected by the City from the developer or user before approval of the engineering plans for the development required to pay the fee, or before connection to the water or wastewater line for which the fee has been established, whichever first occurs.
(d) 
Pro rata fees established under this section may be collected for a period of 15 years following final construction by the City of the water line, wastewater line, or associated facility.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
13.01 
Adopted.
The city hereby adopts the Technical Construction Standards and Specifications Manual, of the Code of Ordinances of the City of Aubrey, Texas, set forth in its entirety in Exhibit A, attached to Ordinance 871-24.
13.02 
Penalty.
Any person, firm, or corporation violating any of the provisions of this ordinance or of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs and continues.
(Ordinance 871-24 adopted 8/28/2024)