1.01 
Purpose.
The requirements as set forth below are designed and intended to ensure that, for all Subdivisions of land within the scope of these Subdivision Regulations, all improvements as required herein are installed properly and:
(1) 
The City can provide for the orderly and economical extension of public facilities and services;
(2) 
All purchasers of property within the Subdivision shall have a usable, buildable parcel of land; and
(3) 
All required Public Improvements are constructed in accordance with City’s Design Standards.
1.02 
Adequate Public Facilities Policy.
The land to be divided or developed must be served adequately by essential public facilities and services. No Plat shall be recorded unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and Street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being Platted or off-site. Wherever the subject property adjoins undeveloped land, or wherever required by the City to serve the public good, utilities shall be extended to adjacent property lines to allow connection of these utilities by adjacent Property Owners when such adjacent property is Platted and/or developed.
1.03 
Public Improvements Required.
Public Improvements that are required by the City of Aubrey for the acceptance of the Subdivision by the City shall include the following:
(1) 
Water and wastewater facilities;
(2) 
Storm water drainage, collection and conveyance facilities;
(3) 
Water quality, erosion and sedimentation controls;
(4) 
Streets;
(5) 
Street lights;
(6) 
Street signs;
(7) 
Alleys (if provided);
(8) 
Sidewalks, including ADA approved ramps at Street intersections and other appropriate locations;
(9) 
Screening and/or retaining walls (where required);
(10) 
Traffic control devices required as part of the project; and
(11) 
Appurtenances to the above, all designed and constructed in accordance with ADA standards, if applicable, and any other public facilities required as part of the proposed Subdivision.
1.04 
Compliance Required.
All aspects of the design and implementation of Public Improvements shall comply with the City’s current Design Standards and any other applicable City codes and ordinances, including preparation and submittal of engineering plans and construction inspection. The construction of all of the improvements required in these Subdivision Regulations shall conform to the City’s Design Standards, and to any other applicable City ordinance, rule, policy, or regulation.
1.05 
Utility Lines.
All utility lines that pass under a Street or Alley shall be installed before the Street or Alley is paved. When it is necessary that utility lines pass under the Street or Alley pavement, they shall be installed to a point at least three feet beyond the edge of the pavement.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
2.01 
Block Corner Monuments.
Monuments consisting of 3/4" diameter steel rods 24" long and set flush with the top of the ground shall be placed at all corners of block lines, the point of intersection of Alley and block lines, and at points of intersections of curves and tangents of the Subdivision.
Each block corner monument shall be marked in a way that is traceable to the responsible RPLS or associated employer.
2.02 
Lot Corner Monuments.
Lot corner monuments shall be placed at all Lot corners (except corners which are also block corners), consisting of iron rods or pipes of a diameter of not less than 1/2 inch and 24 inches in length, and set flush with the top of the ground.
2.03 
Curve Point Markers.
In addition, curve point markers shall be established of the same specifications as Lot corners.
2.04 
View between Monuments Obstructed.
Where, due to topographic condition, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments.
2.05 
Installed Prior to Acceptance and Filing.
All required block, Lot, and curve monuments shall be installed prior to the final acceptance of the Subdivision by the City and prior to filing the Plat at the County.
2.06 
Precision and Error of Closure.
All survey work around the boundary area, as well as within the Subdivision, satisfy the following precision requirements and otherwise comply with 66 Texas Admin. Code sec.663.13, as applicable:
(1) 
The actual relative location of corner monuments found or set within the corporate limits of the City shall be reported within a positional tolerance of 1:10,000 + 0.10 feet.
(2) 
The actual relative location of corner monuments found or set within the extraterritorial jurisdiction of the City shall be reported within a positional tolerance of 1:7,500 + 0.10 feet.
(3) 
The actual relative location of corner monuments found or set in all rural areas outside the corporate limits and extraterritorial jurisdiction of the City shall be reported within a positional tolerance of 1:5,000 + 0.10 feet.
(4) 
Areas, if reported, shall be produced, recited, and/or shown only to the least significant number compatible with the precision of closure.
(5) 
Survey measurement shall be made with equipment and methods of practice capable of attaining the tolerances specified by these standards.
(6) 
Positional tolerance of any monument is the distance that any monument may be mislocated in relation to any other monument cited in the survey.
2.07 
Subdivisions Containing 5 Acres or More.
A Subdivision containing five acres or more shall have at least two monuments set by the RPLS, if not already existing, for two corners of the Subdivision, and such monuments shall be located at opposite ends (or at widely separated corners) of the Subdivision and clearly shown on the Final Plat prior to filing at the County. The Final Plat shall also show clear ties to existing monuments in the vicinity of the Subdivision.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
3.01 
Street Lights.
Street light locations and installations shall be coordinated by the Subdivider with the power company and the City. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook. Street lights shall be as manufactured by Kim Standards or a comparable street light approved by the Director of Public Works. Street lights shall be installed a maximum distance of 600 feet apart, at intersections, and at the ends of Cul-de-sacs. The Subdivider shall pay for the electricity used by the Street lights until building permits are issued for 80% of the lots, after which time the City shall pay for the cost of electricity used.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
4.01 
Review and Approval Required.
Street names must be submitted to the City for review and approval in accordance with the City’s guidelines for the naming of Streets.
(1) 
Preliminary Plat.
Proposed Street names shall be submitted for review as a part of the Preliminary Plat Application, and shall become fixed at the time of approval of the Preliminary Plat.
(2) 
Final Plat.
On the Final Plat, Street names shall not be changed from those that were approved on the Preliminary Plat unless special circumstances have caused the major realignment of Streets or a proposed Street name(s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional Street names are needed for the Final Plat, then they must be submitted for review and approval by the City, along with the Final Plat Application. A fee may be established by the City for the changing of Street names after approval of the Preliminary Plat.
4.02 
Streets Named for Corporations/Businesses Prohibited.
The names of corporations or businesses shall not be used as Street names, unless approved by the City Council.
4.03 
List of Street Names Maintained.
The City will maintain a list of existing Street names that are essentially “reserved” names that have been previously been approved on a Preliminary Plat, and will update the list as new Streets are Platted.
4.04 
Duplication and Similarities Prohibited.
New Street names shall not duplicate existing Street names either literally or in a subtle manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs. Oak Circle; Lantern Way vs. Land Tern Way; Cascade Drive vs. Cascading Drive); shall not be so similar as to cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs. Lake Siding Drive).
4.05 
New Streets Extended Existing.
Any new Street that extends an existing Street shall bear the name of the existing Street.
4.06 
Street Names Related to Intersections.
Streets crossing other Streets shall bear the same name on both sides of the intersection, wherever practical, unless otherwise approved by Planning and Zoning Commission and City Council.
4.07 
Street Sign Installation.
Street signs shall be installed by the Subdivider at all intersections within or abutting the Subdivision. Such signs shall be of a type approved by the City and shall be installed in accordance with standards of the City. Traffic signs shall be furnished in accordance with the latest Texas Manual on Uniform Traffic Control Devices.
4.08 
Timing of Installation.
Street name signs shall be installed in accordance with the City’s guidelines before final acceptance of the Subdivision by the City.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
5.01 
Facilities Constructed By Developer.
All facilities, such as internal Streets and Alleys, existing or proposed Streets located immediately adjacent to the property, Perimeter Streets, and Approach Streets that are required to be constructed or improved in order to adequately serve the development, shall be constructed by the developer at the developer’s expense, unless otherwise allowed by these Subdivision Regulations.
5.02 
Construction and Design.
All Streets and Alleys shall be constructed using reinforced concrete paving with integral curb and gutter, unless otherwise approved by the City, and shall conform in width and section to the Thoroughfare plan of the City. All Street design and construction shall conform to the City’s Design Standards.
5.03 
Paving Standards.
The developer shall construct all Streets and Alleys according to the minimum Street and Alley paving standards contained within the Design Standards.
5.04 
Accessibility for Physically Challenged Persons.
In Addition to the above-mentioned minimum standards, barrier-free ramps for physically challenged Persons shall be constructed at all Street corners, driveway approaches, appropriate mid-block crosswalks, and in locations where accessible parking spaces are provided. All barrier-free ramps and other accessibility considerations shall comply with the Highway Safety Act, as currently amended, and with the Americans With Disabilities Act (ADA), as amended.
5.05 
Signs and Barricades.
All signs and barricades shall be in conformity with the Design Standards, with ADA standards, and with specifications for uniform traffic control devices, as adopted by the City, by Denton County, by the Texas Department of Transportation, and by the Texas Department of Public Safety, as applicable.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
6.01 
Retaining Wall Requirements.
In general, the use of retaining walls shall be minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a Subdivision contains changes in elevation exceeding 2.5 feet and the slope exceeds one unit vertical in two units horizontal, a retaining wall shall be required at the following locations prior to the acceptance of the Subdivision:
(1) 
Follows a Side or Rear Property Line.
The grade change roughly follows a side or rear Lot line.
(2) 
Adjacent to a Building Site Boundary.
The grade change is adjacent to a proposed building site boundary.
(3) 
Adjacent to a Water Course or Drainage Easement.
The grade change is adjacent to a water course or drainage Easement.
6.02 
Retaining Wall Design and Construction.
All retaining wall design and construction shall be in compliance with the provisions of the Design Standards of the City of Aubrey, and shall be approved by the Planning Director and City Engineer.
6.03 
Retaining Wall Maintenance.
Retaining walls shall be maintained by the owner of the property where such retaining wall is located.
6.04 
Not in a Utility or Drainage Easement.
Retaining walls shall not be constructed within any portion of a utility or drainage Easement, unless approved by the City Engineer or Planning Director.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
7.01 
Screening.
(a) 
Required.
Screening shall be required where Subdivisions are Platted so that the rear Yards of single-family or two-family residential Lots meet the following:
(1) 
Lots are adjacent to a Street with a Right-of-Way width greater than a residential neighborhood collector Street (greater than 60 feet in Right-of-Way width on the Comprehensive Plan);
(2) 
Lots are adjacent to a four lane collector Street;
(3) 
Lots are separated from a Street by an Alley; or
(4) 
Lots back up to a collector or residential Street.
(b) 
Developer Provided Screening.
The developer shall provide (at his/her expense) a minimum six-foot tall masonry screening wall, or some other alternative form of screening, if approved by Planning and Zoning Commission and City Council, according to this section.
(c) 
All screening shall be adjacent to the Right-of-Way or property.
(d) 
All forms of screening shall conform to the requirements of city ordinances and policies that govern visibility Easements.
(e) 
Any required screening device that is wholly or partially destroyed or damaged shall be replaced or repaired with the same materials and shall be finished such that its appearance is restored to how it was before being destroyed or damaged.
(f) 
Screening Alternatives.
Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City’s Design Standards and other related City code(s) and policy(s).
(1) 
An alternative form of screening, in lieu of the six-foot tall masonry wall, may be approved by the Planning and Zoning Commission and City Council along with the Preliminary Plat. The developer shall submit drawings/renderings with the Preliminary Plat sufficient for the Planning and Zoning Commission and City Council to make a decision to approve or deny the proposed alternative.
(2) 
Such possible alternatives include the following:
(i) 
Living/landscaped screen with decorative metal (e.g., wrought iron) fence sections with masonry columns;
(ii) 
A combination of embankments and living/landscaped screening, either with or without a decorative metal or “WoodCrete” type of fence with masonry columns;
(iii) 
A combination of embankments, decorative masonry retaining walls (no taller than six feet in height where facing or visible to a public Street) and living/landscaped screening, either with or without a decorative metal or “WoodCrete” type of fence with masonry columns; or
(iv) 
Some other creative screening alternative may be approved if it meets the spirit and intent of this section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning and Zoning Commission and City Council finds it to be in the public interest to approve the alternative screening device.
(3) 
Any required screening device shall be, or shall achieve, at least six feet in height and at least 90% opacity within three years of initial installation/planting.
(4) 
Any landscaping used to achieve the purpose of required screening shall be equipped with an underground irrigation system with appropriate double-check valve(s), automatic controller(s), and automatic moisture- and freeze-sensors. Trees used for overstory screening shall be on a separate bubbler irrigation system that can be programmed to provide deep-watering of trees at intervals that may differ from the rest of the irrigation system.
(5) 
The use of wood or other privacy fences immediately behind or abutting an alternative screening device that utilizes living screening elements (i.e., landscaping), embankments, retaining walls and/or open (i.e., non-opaque) fence sections shall not be permitted due to the creation of a “no man’s land” and subsequent maintenance nuisance in the area between the two devices/fences, and due to the detrimental visual appearance of this type of arrangement.
(6) 
Any alternative form of screening in lieu of the masonry wall shall be located in a maintenance Easement and shall be included in a Public Improvement District in accordance with Article 4, Section 3 of this Part.
(g) 
Maintenance Easement Required.
A wall/screening maintenance Easement at least five feet in width shall be dedicated on the private Lot side and adjacent to the entire length of the screening wall or device.
(h) 
Timing of Installation.
The screening wall/device shall be installed prior to final acceptance of the Subdivision (or appropriate Surety shall be provided, per Article 6 of these Subdivision Regulations).
(i) 
Landscape Screening.
All plants (e.g., trees, shrubs and ground cover) shall be living and in sound, healthy, vigorous and growing condition, and shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the “American Standard for Nursery Stock”, by the American Association of Nurserymen, as may be amended.
(j) 
Properly Engineered.
All masonry, wrought iron, steel or aluminum screening wall or fence plans and details must be designed and sealed by a licensed professional Engineer, and must be approved by the City Engineer.
(1) 
Masonry walls shall be in accordance with the City’s Design Standards within the Design Standards.
(2) 
Decorative metal fencing shall be solid stock, not tubular, and shall have masonry columns at a minimum spacing of 40 feet on center unless otherwise approved.
(k) 
Height.
The height of required screening devices, including spans between columns, shall be a minimum of six feet and shall be no more than eight feet tall. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot height by up to two feet for a total maximum height of 10 feet for these features, provided that such taller elements comprise no more than 10% of the total wall length in elevation view. Features that are taller than 10 feet in height shall require Planning and Zoning Commission and City Council approval on the landscaping/screening plans submitted with the Preliminary Plat.
(l) 
Maintenance.
All screening walls shall be maintained by Home Owners Association as described in Article 4, Section 4; or included in a Public Improvement District in accordance with Article 4, Section 3 of these Subdivision Regulations.
7.02 
Subdivision Identification Signs.
(a) 
Subdivision Identification Signs are permitted at the entrance of single family residential Subdivisions which are bisected by one or more Streets. Such Subdivisions must have 10 or more Platted Lots.
(b) 
Subdivision Identification Signs may be free standing or may be incorporated on a screening wall located in an appropriate easement. Any screening wall on which a Subdivision Identification Sign has been incorporated shall also meet the requirements of this section of the ordinance, as well as general screening wall requirements located in other sections of these Subdivision Regulations.
(c) 
The maximum size of a Subdivision Identification Sign shall be 32 square feet per sign with a maximum height of six feet unless an alternative design is otherwise approved by the City Council.
(d) 
A Subdivision Identification Sign shall be included in a Public Improvement District in accordance with Article 4, Section 3 of these Subdivision Regulations.
(e) 
Signs may be located at each corner of an intersection of an entrance Street or within the median of a divided Street, but shall not be located in within visibility Easements.
(f) 
The design of the Subdivision Identification Sign shall be in accordance with the City’s Design Standards, as applicable.
(g) 
The design of the Subdivision Identification Sign (including any related screening wall) shall be reflected on materials/plans submitted along with the Preliminary Plat and the engineering plans, and shall be approved by the City.
7.03 
Landscaping.
All landscaping shall be in conformance with the City’s Landscape Regulations, as amended.
7.04 
Signage.
All signage shall be in conformance with the City’s Sign Regulations as amended.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
8.01 
Installation.
The installation of all water and wastewater lines shall be in conformance with Article 3, Section 10 of these Subdivision Regulations. The design and construction of the water system and sanitary sewer system shall be in conformance with the City’s Master Plans for water and wastewater facilities, the Design Standards, and construction plans, and shall be approved by the City Engineer.
8.02 
Provision for Water and Wastewater Required.
No Final Plat shall be approved for any Subdivision within the City or its extraterritorial jurisdiction until the Applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and Lots within the area to be subdivided.
8.03 
Safe Water Supply and Fire Protection.
Water system mains of sufficient size and having a sufficient number of outlets to furnish adequate and safe domestic water supply and to furnish fire protection to all Lots shall be provided.
8.04 
Water and Wastewater Mains to Property Line.
Water and Wastewater mains shall extend to the property line in order to allow future connections into adjacent undeveloped property unless otherwise authorized by these Subdivision Regulations.
8.05 
Utilities to Property Line of Each Lot.
Services for utilities shall be made available to the property line of each Lot in such a manner as will minimize the necessity for disturbing the Street pavement and drainage structures when connections are made.
8.06 
Fire Protection.
Fire protection shall be provided in accordance with Article 3, Sections 9 and 10 of these Subdivision Regulations, with the City’s Design Standards, and with any other City policy or ordinance pertaining to fire protection or suppression.
(1) 
The Fire Chief or his/her designee shall have the authority to approve the locations and placement of all fire hydrants, fire lanes, and Easements in accordance with the adopted Fire Code. He or she may, at his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances.
(2) 
Vertical construction (i.e., any building construction above foundation/slab level) shall not commence until all required fire lanes are properly installed and accepted by the City, nor until all fire hydrants have been installed, inspected, tested and accepted by the City.
(Ordinance 585-16, sec. 2, adopted 12/15/15)
9.01 
Adequate Storm Sewer System Required.
An adequate storm sewer system consisting of inlets, pipes and other underground structures with approved outlets shall be constructed where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities.
9.02 
Areas Subject to Flood Conditions or Storm Water Retention.
Areas subject to flood conditions or inadvertent storm water retention, such as standing or pooling water, as determined by the City Engineer, will not be considered for development until adequate drainage has been provided.
9.03 
Design.
The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and other drainage facilities shall conform to Article 3, Sections 10 and 11, as applicable, of these Subdivision Regulations and the Design Standards.
9.04 
Proper Functioning Required Prior to Maintenance Bond.
The developer shall ensure that all drainage improvements within public Easements or Rights-of-Way are functioning properly prior to the expiration of the Maintenance Bond.
(1) 
Responsibility.
The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, through the 24th month of the required two-year Maintenance Bond for the applicable facilities.
(2) 
City Inspection.
The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.
9.05 
Storm Water Pollution Prevention Plan (SWPPP).
An SWPPP shall be provided for storm water discharge in accordance with Texas Pollutant Discharge Elimination System (TPDES) general permit, TXR150000, and/or Environmental Protection Agency (EPA) regulations. This shall include the assumption of responsibility of said pollution prevention system, including the design and implementation of said system, complete in place. Moreover, when it comes to SWPPP, the contractor has the sole authority, responsibility and control over plans and specifications of the said SWPPP only and can make changes to those specifications for the entire project as he deems necessary or needed to remain in compliance with the Texas Commission on Environmental Quality (TCEQ) and/or EPA regulations. When site stability is achieved in accordance with the SWPPP, the developer shall remove the control apparatuses, devices, and systems and remove accumulated silt and debris.
(Ordinance 585-16, sec. 2, adopted 12/15/15)