ARTICLE III SUBDIVISION DESIGN STANDARDS

Dedication of Right-of-Way.

The property owner shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan, Design Manual and Standard Construction Details or other valid development plans approved by City Council. In the case of perimeter streets, at least one-half of the total required right-of-way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided. In some instances, more than one-half of the required right-of-way width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City Council.

Perimeter Streets.

Where an existing half-street is adjacent to a new subdivision or addition, the other one-half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the subdivision or addition.

(c)

Slope Easements.

The dedication of easements, in addition to dedicated right-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 (3') horizontal run to one foot (1') vertical height, or a three-to-one (3:1) slope.

Street Construction.

All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and this Ordinance, and in accordance with the City's Thoroughfare Design Standards and any other Standard Construction Details or other applicable regulations as may be from time to time amended or adopted by the City Council.

Intersection Improvements and Traffic-control Devices shall be installed as warranted in accordance with the traffic impact analysis. Construction and design standards shall be in accordance with the City’s Design Manual and Standard Construction Details.

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. 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. The City Engineer shall determine whether the proposed phasing of any 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 adjudge whether the subdivision will be adequately served by the phased dedication and construction of such streets and thoroughfares.

10.

Private Streets.

Subdivisions having private streets may be established only under the terms set forth in this Section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the City either as part of this Ordinance or as separate ordinances or policies. All private streets shall be designed and constructed in accordance with the City’s Design Manual and Standard Construction Details for publicly dedicated streets. The term “Private Street” shall be inclusive of alleys, if such are to be provided within the subdivision.

Private Streets: Subdivision Eligibility Criteria.

Private streets shall be permitted only within a subdivision satisfying each of the following criteria:

The subdivision shall have a sufficient number of lots and value to demonstrate through an approved economic analysis the viability of private maintenance by the development served;

The streets to be restricted to private use are not intended for regional or local through traffic circulation (see Subsection 3.1.B.10.(b) below);

(3)

The subdivision is located in an area that is surrounded on three (3) sides, meaning at least seventy-five percent (75%) of the perimeter, by natural or manmade barriers, so as to be accessible from only a single direction of the compass;

(4)

The subdivision is located adjacent to an existing or approved public street that can be reasonably connected, even though the street connection may require the construction of a bridge or culvert; and

(5)

The subdivision shall have at least two (2) points of vehicular access connected via improved roadways to the City’s improved thoroughfare and street system by one or more approach roads, as required herein above;

(6)

A mandatory property owners’ (homeowners’) association, which includes every owner of a lot within the private street development, shall be formed and shall be responsible for maintenance of the private streets and alleys. (see Subsection 3.1.B.10.(d) below and Section 4.3);

(7)

The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the City Council.

Private Streets: Certain Streets Excluded.

Roads or streets that are shown on the City’s Thoroughfare Plan, such as highways, major or minor thoroughfares or arterials, or collectors, shall not be used, maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the Planning and Zoning Commission and City Council may deny the creation of any private street if, in their sole determination, the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles.

(c)

Private Streets: Parks, Greenbelts and Wildlife Preserves Excluded.

A private street subdivision shall not cross or interfere with public access to an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the City of Josephine’s Parks and Open Space Master Plan or as already dedicated for public use.

(d)

Private Streets: Property Owners or Homeowners Association Required.

Subdivisions developed with private streets shall have a mandatory property owners association (the Association) which includes all property and lots served by the private streets in accordance with the requirements of Section 4.3 of this Ordinance. The Association shall own and be responsible for the maintenance of private streets and appurtenances. The Association shall provide for the payment of dues and assessments required to maintain the private streets. The Association documents shall be reviewed and approved by the City Attorney to ensure that they conform to these and other applicable City rules and regulations prior to final plat approval. The Association documents shall be filed of record at Collin/Hunt County prior to final plat acceptance in order to ensure that there is an entity in place for long-term maintenance of private streets and all related appurtenances. The Association may not be dissolved without the prior written consent of the City Council. No portion of the Association documents pertaining to the maintenance of private streets and alleys, and assessments therefor, may be amended without the prior written consent of the City Council. The City will not assist in enforcing deed restrictions.

(e)

Private Streets: Private Street Lot.

Private streets must be constructed within a separate lot owned by the property owners association. This street must conform to the City’s standards for public street rights-of-way. An access easement covering the street lot shall be granted to the City and its employees providing unrestricted access to and use of the private streets and private street lot in pursuit of their official duties. This right shall also extend to all utility providers operating within the City and to other necessary governmental service providers, such as the U.S. Postal Service. The access easement shall also permit the City to remove any vehicle or obstacle within the private street lot that may impair emergency access.

(f)

Private Streets: Construction and Maintenance Cost.

The City shall not pay for any portion of the cost of constructing or maintaining a private street.

Reserve fund.

The Association documents must establish a reserve fund for the maintenance of private streets and other improvements such as common greenbelts, security station structures and equipment, and other significant Association infrastructure. This reserve fund shall not be commingled with any other Association fund. The balance of the fund shall be equal to the total replacement cost of the private streets and other improvements divided by the average life expectancy of those improvements times the age of the improvements. The life expectancy for a subdivision with concrete streets shall be a minimum of twenty (20) years.

The Association shall have an annual review performed by a certified public accounting firm verifying the amount in the reserve fund. A copy of this review shall be provided to the City.

Assessment for repairs.

Assignment of Association lien rights. The Association declaration shall provide that should the Association fail to carry out its duties as specified in these regulations, the City or its lawful agents shall have the right and ability, after due notice to the Association, to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of these regulations or of any applicable City Codes, regulations or agreements with the City and to assess the Association or the individual lot owners for all costs incurred by the City in performing said responsibilities if the Association fails to do so, and the City shall further have any and all liens and lien rights granted to the Association to enforce the assessments required by the declaration, and/or to avail itself of any other enforcement actions available to the City pursuant to state or City codes and regulations.

(g)

Private Streets: Infrastructure and Utilities.

Any public water, sewer and drainage facilities, streetlights, and traffic-control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to City standards, and shall be accepted by and dedicated to the City prior to filing the record plat for the subdivision. 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. 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, which shall not be permitted.

(h)

Private Streets: Plans and Inspections.

Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.

(i)

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. Guard houses, access control gates, and cross arms, if used, shall be constructed per Subsection (j) herein below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide a reliable, alternative means of ensuring City and emergency access to the subdivision, preferably with an Opticom-type system for emergency access, by the City and 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 Council and by all applicable emergency services providers prior to engineering release for construction of the development. If the Association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the Association. The Association documents shall contain provisions in conformity with this Section which may not be amended without the written consent of the City Council.

(j)

Private Streets: Access Restricted Entrance Design Standards.

Any private street (and any other type of gated entrance) which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty-seven feet (27') at the location of the gate or access control device, both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must rise to a minimum of fourteen feet (14") in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty feet (50') in front of and behind the location of the device. All gates and cross arms must be of a breakaway design. A minimum vehicle stacking distance of one hundred feet (100') shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which point is usually an access request keypad, a telephone, or a guard’s window. Adequate distance shall be provided between the access request point(s) and the entry barrier, or gate, to accommodate a vehicle turnaround as described below. A paved turnaround space must be located in front of (i.e., prior to passage through) any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up, particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of sufficient pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development including by way of reference and not limitation utility service vehicles, postal or UPS delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies. The City Engineer may require submission of additional drawings, plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry and/or exit roadway or on the adjacent public street(s). A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the City Engineer along with the engineering plans for the subdivision, and must be approved by the City Council along with approval of the preliminary plat.

(k)

Private Streets: Waiver of Services.

The subdivision final plat and record plat, property deeds and property owners association documents shall note that certain City services shall not be provided for private street subdivisions. Among the services that will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon the access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided, as well.

(l)

Private Streets: Petition to Convert to Public Streets.

The Association documents shall allow the Association to petition the City to accept private streets and any associated property as public streets and rights-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 streets. Should the City elect to accept the streets as public streets, then the City has the right to inspect the private streets and to determine the needed repairs prior to the City’s acceptance of the streets. The City shall be the sole judge of whether repairs are needed. Upon acceptance of the private streets as public streets 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 lot or within any other roadway common area that are not consistent with a public street development. The Association documents shall provide for the City’s right to such removal and assessment. Those portions of the Association documents pertaining to the subject matter contained in this Section shall not be amended without the written consent of the City Council. However, the Association documents must be modified and refiled to remove requirements specific to private street subdivisions at such time as the City accepts the private streets as public streets.

(m)

Private Streets: Hold Harmless.

The subdivision final plat and record plat shall contain language whereby the property owners’ association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility 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 (such plat language is available from the City).

(n)

Required disclosures.

The Association documents shall address, but shall not be limited to, the following three subsections:

The Association documents must indicate that the streets within the development are private, owned and maintained by the property owners’ association and that the City has no obligation to maintain or reconstruct the private streets.

The Association documents shall include a statement indicating that the City may, but is not obligated to, inspect private streets, and require repairs necessary to insure that the same are maintained to City standards.

(3)

The Association may not be dissolved without the prior written consent of the City.

Escrow Policies and Procedures.

Request for Escrow.

Whenever this Ordinance requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may, if there exist unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or Collin/Hunt County, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the City Engineer may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved (a traffic impact analysis may be required to facilitate the City Council’s deliberations on the matter), and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner’s construction of the street or thoroughfare with his or her development.

Escrow Deposit With the City.

Whenever the City shall agree to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the property owner or developer shall deposit in escrow with the City an amount equal to one hundred twenty percent (120%) of the costs of design, construction, permits, reviews and approvals, inspections, insurance, payment and performance bonds, maintenance bonds, and any additional land acquisition costs. Such amount shall be paid prior to release of the engineering plans by the City Engineer. The property owner and the property owner’s transferees, successors and assigns shall be jointly and severally liable or responsible to the City for any and all costs related to the design and construction of the required roadway or public improvement that exceed the amount escrowed.

Determination of Escrow Amount.

The amount of the escrow shall be determined by using the maximum comparable turnkey bid price of construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder.

Termination of Escrow.

Escrows which have been placed with the City under this Section or in accordance with previously approved street improvement policies, and which have been held for a period of twenty (20) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the current property owner, with any accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new application for a building permit is filed.

Refund.

If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the current property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner’s actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.

Interest Limitation.

If money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent (1%) less than the rate of actual earnings. Existing funds, collected for previous subdivision development such as Perimeter Street funds, shall be refunded as stated in Subsection C.4 above, principal and earned interest.

An agreement and escrow of funds pursuant to this Subsection C shall meet and fulfill all of the requirements regarding a facilities agreement as set forth in Section 6.1 of this Subdivision Ordinance.

Traffic Impact Analysis.

Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City of Josephine’s Thoroughfare Plan, or involving a development of one hundred (100) or more dwelling units, or for developments generating one thousand (1,000) or more “one-way” trips per day, or as otherwise required by the City Engineer must be preceded by submission and approval of a traffic impact analysis as specified in Subsection E. herein below. Failure to provide for and obtain such approval prior to submission of a preliminary plat (or concurrently with the preliminary plat application) shall be grounds for denial of the plat application.

Required Components of Traffic Impact Analysis.

Whenever this Ordinance or the City Council, in unique instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety or welfare - such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles - requires submission and City Council approval of a traffic impact analysis, the following elements shall be included:

General Site Description.

The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated dates of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site.

Proposed Capital Improvements.

The traffic impact analysis shall identify any changes to the roadway network within one (1) 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 roadways affected by the proposed development.

Roadway Impact Analysis.

Transportation Impacts:

Trip Generation.

The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Engineer.

Trip Distribution.

The distribution of trips to arterial and collector roadways within the study area identified in Subsection 3.1.E.1 (General Site Description), above, shall conform with accepted traffic engineering principles taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 3.1.E.1 above.

Adequacy Determination.

The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service “C” or above.

Intersection Analysis.

Level of Service Analysis.

For intersections within the roadway traffic impact analysis area described in Subsection 3.1.E.1 herein above (General Site Description), a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified by the City Engineer. Also, level of service analysis will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. 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. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.

Adequacy Analysis.

The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service C or above.

Effect of Adequacy Determination.

If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection 3.1.E.1 herein above that would cause the roadway to fall below the level of service required hereto, the proposed development shall be denied unless the developer agrees to one of the following conditions:

The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;