1.01 
Consideration for Such Areas.
The Applicant shall give consideration to suitable and adequate sites for schools, parks, playgrounds, and other areas for public use or service so as to conform with the recommendations contained in the City’s Comprehensive Plan, including the Park Master Plan, and other applicable plans. Any provision for parks or other public facilities shall require approval by the City Council.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
2.01 
Natural Preservation Required.
All creeks and drainage channels shall be preserved and protected in their natural condition wherever possible, unless significant storm drainage improvements are required by the City in these areas. All development adjacent to creeks and drainage channels shall be in accordance with the City’s Design Standards, and with any other City policies or ordinances related to aesthetics or public access or enjoyment of creeks and waterways.
2.02 
Definitions and Methodology for Determining the Floodway Management Area (FMA).
(a) 
The definitions for “floodway” and “floodway fringe” shall correspond to those set forth by the Federal Emergency Management Agency (FEMA).
(b) 
For the purposes of these Subdivision Regulations, the Floodway Management Area (FMA) will correspond to the floodway, as defined by FEMA, or as may be modified pursuant to a flood study that is approved by FEMA.
(c) 
For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept, the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be reclaimed for development in accordance with rules and regulations established by FEMA and the City’s Flood Damage Prevention regulations set forth in Part II, Article 24 of this Code.
2.03 
Areas Where an FMA is Required.
(a) 
The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition unless otherwise approved by the City. East Fork Trinity River, Whites Creek, Hurricane Creek, Throckmorton Creek, Slayter Creek, Sweetwater Creek, Brinlee Creek, Sister Grove Creek, Wolf Run Creek, Elm Creek, Pilot Grove Creek and their related tributaries and streams and all other drainage areas or regulated floodways as referenced on the applicable floodway and flood boundary map (Flood Insurance Rate Map, or FIRM) shall be included in the FMA.
(b) 
If FEMA does not specify a floodway and a Base Flood elevation in a regulated zone in any of the creeks or their tributaries, it shall be the developer’s responsibility to establish and identify the FMA. The determination shall be made by a licensed professional Engineer and approved by the City Engineer or the designated floodplain administrator.
(c) 
Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed.
(d) 
The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements.
2.04 
Ownership and Maintenance of the FMA.
(a) 
The area determined to be the FMA shall be designated on the Preliminary Plat. Accurate locations of the FMA, both horizontally and vertically, shall be established on the Preliminary Plat and prior to site construction. At the City’s option, the FMA shall be protected by one of the following methods:
(1) 
Dedicated to the City of Aubrey subject to approval by the City Council.
(2) 
As Easement(s) - Creeks or drainageways on tracts which have private maintenance provisions, can be designated as the FMA by an Easement to the City on the Preliminary Plat (with the appropriate Plat language, as required by the City). Subdivisions with Platted single-family or two-family Lots may designate the FMA by Easement provided there are adequate maintenance provisions (such as by a mandatory homeowners association or a Public Improvement District), but no Lots or portions of Lots may be Platted in the Easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number.
(3) 
Certain recreational uses normally associated with or adjacent to flood-prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with the Zoning Ordinance, if the Subdivision is located within the City, and shall require approval by the City Council.
(b) 
Prior to acceptance of any drainage way as an FMA by the City, the area shall be cleared of all debris and brush (except for trees) and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for active recreational purposes and unless storm drainage requirements do not permit this to occur.
2.05 
Design Criteria.
The following design criteria shall be required for development adjacent to the FMA:
(1) 
Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of 20 feet wide with a maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area a minimum of five feet in width shall be provided. If ownership is to the centerline of the drainage channel, then the Subdivider shall only be required to provide adequate access to one side.
(i) 
Lots in a single-family, PD single-family, or duplex residential zoning district shall not be Platted within the FMA.
(ii) 
If Lots back or side onto an FMA, at least two reasonable points of access to the FMA, each a minimum of 20 feet in width, shall be provided. Streets, Alleys and open-ended Cul-De-Sacs may qualify as access points if designed such that they are navigable by maintenance vehicles (e.g., Alleys must be 20-foot width).
(2) 
All areas of the FMA shall be accessible from the access points.
(3) 
Lots used for multi-family dwellings may be Platted in the FMA if the FMA is identified as an Easement and is maintained as open space for use by the residents, and provided that access to the FMA is possible by City maintenance vehicles, should that need arise.
(4) 
If the FMA is to be public park land, then adequate public access and good public visibility shall also be provided to all portions of it.
(5) 
Public Streets may be approved in the FMA by the City if they conform to applicable engineering standards.
(6) 
Linear public Streets may be required to be constructed adjacent to some (or all) portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and Security purposes.
(7) 
Alternate designs to facilitate equal or better access may be permitted if approved by the City.
2.06 
Altered Drainage Channels.
Drainage channels which have been previously altered and are not in a natural condition can be exempted from an FMA and this section at the discretion of the Planning and Zoning Commission and City Council and upon recommendation by the City Staff except that any such alteration shall cause the developer to prepare an application for any appropriate letter of flood map revision.
2.07 
Conflicts.
In the event of any conflict between any regulation or requirement in this section and any regulation or requirement in the City’s Flood Damage Prevention regulations set forth in this Code at Part II, Article 24, or other applicable regulation or requirement, the most restrictive regulation or requirement shall govern.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
3.01 
Applicability.
When a proposed Subdivision includes Public Improvements, such as screening walls, recreation facilities, open space, Flood Management Areas, landscaped entry features and/or medians, or other public amenities that primarily benefit the properties within the Subdivision, the Developer shall submit with the Preliminary Plat application, a petition for the creation of a Public Improvement District (PID) that meets the criteria outlined in Chapter 372 of the Local Government Code.
3.02 
Petition.
(a) 
The PID petition shall include all properties within the Subdivision and may include additional properties similarly benefited by the Public Improvements.
(b) 
The City Council may approve or deny or take any other lawful action related to a petition requesting creation of a Public Improvement District.
(c) 
The City Council may deny any Plat or development plan or application that proposes to designate, create, or construct Public Improvements such as screening walls, recreation facilities, open space, Flood Management Areas, landscaped entry features and/or medians, or other public amenities that primarily benefit the properties within the Subdivision, that are not included in a Public Improvement District.
3.03 
Assessments. Any PID or PID assessment shall:
(1) 
Include funding to cover any administrative and legal cost incurred by the City related to the creation and general administration of the PID.
(2) 
Include funding to pay for the perpetual maintenance of the Public Improvements.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
4.01 
Applicability.
(a) 
When a Subdivision contains either common private property or other private improvements which are not intended to be dedicated to the City of Aubrey for public use, such as Private Streets, a private recreation facility or open space, or other private amenities, a Property Owners or homeowners association agreement, consistent with State and other appropriate laws, must be submitted with the Preliminary Plat Application and approved by the City Attorney.
(b) 
The Conditions, Covenants and Restrictions (CCRs) and the association documents, such as the articles of incorporation and association by-laws, shall be submitted to the City for review and approval along with the Preliminary Plat Application, and shall be filed of record at the County prior to Final Plat approval in order to ensure that there is an entity in place for long-term maintenance of these improvements.
(c) 
Said documents must, at a minimum, include provisions which allow the City to take over the maintenance of common property using association funds, including Private Streets and private recreation facilities, if such action becomes necessary for any reason, including nonperformance or inaction by the association.
(d) 
Provisions shall also be included which would convey ownership of the Private Streets (if any) and all other common areas to the City, and which would allow the City to remove any improvements or amenities from the common areas and sell any buildable land area, as residential Lots, to recoup the City’s expenses for maintenance or demolition of the improvements.
(e) 
Any monies that remain after the City has recovered all of its expenses shall be retained for future maintenance or upgrading of the Streets, common areas (if any remain), screening walls, or other improvements within the Subdivision.
(f) 
These provisions are not intended to allow the City to profit in any way from taking over the association’s responsibilities or funds; they are only intended to allow the City to recoup its actual incurred expenses such that the general public, the taxpayers of the City, does not have to bear these costs.
4.02 
Membership.
A Property Owners or homeowners association shall be an incorporated non-profit organization operating under recorded land agreements through which:
(1) 
Each Lot owner within the described land area is automatically a mandatory member; and
(2) 
Each Lot is automatically subject to a charge for a proportionate share of the expenses for the Property Owners or homeowners association’s activities, such as maintenance of common open spaces or Private Streets, or the provision and upkeep of common recreational facilities.
4.03 
Legal Requirements.
(a) 
In order to ensure the establishment of a proper Property Owners or Homeowners association, including its financing, and the rights and responsibilities of the property or home owners in relation to the use, management and ownership of common property; the Plat, dedication documents, covenants, and other recorded legal agreements must:
(1) 
Legally create an automatic membership, non-profit Property Owners or homeowners association;
(2) 
Place title to the common property in the Property Owners or homeowners association, or give definite Assurance that it automatically will be so placed within a reasonable, definite time;
(3) 
Appropriately limit the uses of the common property;
(4) 
Give each Lot owner the right to the use and enjoyment of the common property;
(5) 
Place responsibility for operation and maintenance of the common property in the Property Owners or homeowners association;
(6) 
Place an association charge on each Lot in a manner which will both ensure sufficient association funds and which will provide adequate safeguards for the Lot owners against undesirable high charges;
(7) 
Give each Lot owner voting rights in the association; and
(8) 
Identify land area within the association’s jurisdiction including the following:
(i) 
Property to be transferred to public agencies;
(ii) 
The individual residential Lots;
(iii) 
The common properties to be transferred by the developer to the Property Owners or homeowners association; and
(iv) 
Other parcels.
(b) 
Any governmental authority or agency, including the City and the County, their agents, and employees, shall have the right of immediate access to the common elements at all times if necessary for the preservation of public health, safety and welfare. Should the Property Owners or homeowners association fail to maintain the common elements to City specifications for an unreasonable time, not to exceed 90 days after written request to do so, then the City shall have the same right, power and authority to enforce the association’s rules and to levy assessments necessary to maintain the common elements. The City may elect to exercise the rights and powers of the Property Owners or homeowners association or its Board, or to take any action required and levy any Assessment that the Property Owners or homeowners association might have taken, either in the name of the Property Owners or homeowners association or otherwise, to cover the cost of maintenance (or the possible demolition, if such becomes necessary to preserve public safety or to ease maintenance burden) of any common elements.
(c) 
The Property Owners or homeowners association must register a contact Person with the Planning Department and shall notify the City of any change in said contact Person. Such contact Person must be authorized to receive and distribute information to the Board of Directors of the Property Owners or homeowners association.
4.04 
Protective Covenants.
(a) 
Protective covenants shall be developed which, among other things, shall make the Property Owners or homeowners association responsible for the following:
(1) 
The maintenance and operation of all common property;
(2) 
The enforcement of all other covenants;
(3) 
The administration of architectural controls (if included); and
(4) 
Certain specified maintenance of exterior improvements of individual properties (if included).
(b) 
The City is not responsible (i.e., has no jurisdiction) for enforcing protective covenants or deed restrictions.
4.05 
Dissolution.
The association may not be dissolved without the prior written consent of the City Council.
4.06 
Amendment of Documents.
No portion of the association documents pertaining to the maintenance of screening walls, Private Streets and Alleys, and associated assessments, may be amended without the written consent of the City Council.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
5.01 
Consideration of Areas for Public Use.
The Applicant shall give consideration to suitable sites for parks, playgrounds and other areas for public use so as to conform to the recommendations of the City’s Comprehensive Plan. Any provision for parks and public open space areas shall be indicated on the Preliminary and Final Plat, and shall be subject to review by the City’s Parks Advisory Board and approval by the City Council.
5.02 
Park Land Dedication.
(a) 
Purpose.
This Ordinance is adopted to provide open space and recreational areas in the form of parks as a function of subdivision and site development in the City of Aubrey. This Ordinance is enacted in accordance with the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212, as may be amended from time to time and the fees provided herein are based upon the Parks, Recreation, and Open Space Master Plan of the City of Aubrey.
(b) 
Necessary Procedure.
It is hereby declared by the City Council of the City of Aubrey that recreational areas, in the form of neighborhood parks and related amenities and improvements, are necessary and in the public welfare, and that the only adequate procedure to provide for this is by integrating such a requirement into the procedure for planning and developing property of a residential Subdivision in the City of Aubrey, whether such development consists of new construction on previously vacant land or rebuilding and redeveloping existing residential areas.
(c) 
Park Purposes.
Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby, the standards for which are set forth in the Aubrey Comprehensive Plan including the Parks Master Plan. The neighborhood parks shown on the official Aubrey Parks Master Plan shall be prima facie evidence that any park located therein is within such a convenient distance from the majority of residences to be served thereby. The cost of the neighborhood parks should be borne by the ultimate residential Property Owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to affect such purposes.
5.03 
General Requirement: Dedication of Land.
(a) 
Dedication of Land Based on Dwelling Units.
Prior to a Plat being filed with the County Clerk of Denton County, Texas for a development of a residential area within the City of Aubrey and in accordance with city ordinances, such Plat shall contain a clear fee simple dedication of one acre of land for each 50 proposed dwelling units. As used in these Subdivision Regulations, a “dwelling unit” means each individual residence, including individual residences in a multi-family structure, designed and/or intended for inhabitation by a single family.
(b) 
Plat Requirement.
Any proposed Plat submitted to the City of Aubrey for approval shall show the area proposed to be dedicated under this section. The required land dedication of this section may be met by a payment in lieu of land where permitted by the City of Aubrey or required by other provisions in these Subdivision Regulations.
(c) 
Impractical Size.
The City Council of the City of Aubrey declares that development of an area of less than five acres for neighborhood park purposes is impractical. Therefore, if fewer than 665 dwelling units are proposed by a Plat filed for approval, the City Council may require the developer to pay the applicable cash in lieu of land amount, as provided in Subsection (d) below.
(d) 
(Reserved).
(e) 
Option to Construct.
A developer shall have the option to construct some or all of the neighborhood park amenities and improvements to satisfy some or all of its park improvement requirements. All plans and specifications for the construction of such amenities and improvements must be reviewed and approved by the City Administrator, or applicable designees. The developer shall financially guarantee the construction of the amenities and improvements, and the City of Aubrey must approve same, prior to the filing of a Plat in the case of Platted Subdivisions. Once the amenities and improvements are constructed, and after the City of Aubrey has accepted such amenities and improvements, the developer shall dedicate by Plat such amenities and improvements to the City of Aubrey. In the absence of an applicable agreement, the value of developer’s performance of construction of park amenities and improvements towards fulfillment of land dedication requirements shall not exceed the reasonably estimated costs for the City to perform substantially similar work.
(f) 
Right to Accept, Reject or Require Payment.
In instances where land is required to be dedicated, the City of Aubrey shall have the right to accept or reject the dedication after consideration of the recommendation of the Board of Parks and Recreation and to require a cash payment in lieu of land in the amount provided herein, if the City of Aubrey determines that sufficient park area is already in the public domain for the area of the proposed development, or if the recreation potential for that area would be better served by expanding or improving existing neighborhood parks.
(g) 
Siting of Parks.
When two or more developments will be necessary to create a neighborhood park of sufficient size in the same area, the Planning Director, at the time of Preliminary Plat approval, will work with the developers to define the optimum location of the required dedication within the respective Plats. Once a park site has been determined, adjacent Property Owners who develop around the park site shall dedicate land and cash to the existing site unless otherwise determined by the City Council.
5.04 
Cash in Lieu of Land.
(a) 
Requirement.
A developer responsible for land dedication under these Subdivision Regulations shall be required, at the City Council’s option, to meet the dedication requirements in whole or in part by a cash payment in lieu of land, in the amount set forth below. Such payment in lieu of land shall be made prior to the issuance of a building permit. Where no building permit is required, the fee shall be paid prior to filing of the Final Plat for record.
(b) 
Fee.
The cash payment in lieu of land dedication shall be met by the payment of a fee of $4,500.00 per dwelling unit, which the City Council finds to be a level sufficient to acquire neighborhood park land. Such fee shall be paid by the Developer prior to filing of the Final Plat.
(c) 
(Reserved).
(d) 
City Purchase of Land.
The City of Aubrey may from time to time decide to purchase land for parks in or near the area of actual or potential development. If the City does purchase park land in a park service area, subsequent park land dedications for that zone shall be in cash only, the calculation of which is set forth above.
5.05 
Park Development Fee/Fund.
A park development fee will be accessed at a rate of $4,500.00 per dwelling unit for single-family residences and $2,500.00 per dwelling unit for multifamily residences. All funds collected in accordance with this section will be deposited in the City of Aubrey's Park Development Trust Fund and used solely for the purchase or leasing of park land and the development and maintenance of same. All budget appropriations from the said Fund will be reviewed and approved by the City Council as part of the annual budget approval process.
5.06 
Additional Requirements, Definitions.
(a) 
Any land dedicated to the City under these Subdivision Regulations must be suitable for park and recreation uses. The following characteristics of a proposed area, which may be grounds for refusal of any Plat, are generally unsuitable:
(1) 
Any area primarily located in the 100-year flood plain unless the area is part of the trail system shown on the City’s most current trail Master Plan.
(2) 
Any areas of unusual topography or slope which renders same unusable for organized recreational activities.
(b) 
Drainage areas may be accepted as part of a park if the channel is to remain, more or less in its natural state or constructed in accordance with City Engineering standards, if:
(1) 
No significant area of the park is cut off from access by such channel,
(2) 
Not less than five acres of the site is above the 100-year flood plain, or
(3) 
The dedication is in excess of 10 acres, not more than 50% of the site should be included in the 100-year flood plain.
(c) 
Each park must have ready access to a public Street.
(d) 
Unless provided otherwise herein, an action by the City shall be by the City Council, after consideration of the recommendations of the Parks Advisory Board.
(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 674-20 adopted 1/28/20; Ordinance 742-22 adopted 3/22/22; Ordinance 770-22 adopted 12/20/2022)