City of Buda, TX Subsection 3.05 Subdivision Design Standards

3.05.01 Minimum Standards.

A. Basis for Standards. The standards established within this Unified Development Code and the Engineering Criteria Manual for dedication and construction of public facilities and infrastructure are based upon engineering studies and historical usages and demands by different categories of development.

B. Minimum Level of Service Necessary. This UDC identifies certain minimum requirements and sizes for utilities, roadways, parks, and other facilities that have been determined by the City Council to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens.

1. It is the intent of this UDC that no development occur until, and unless, these minimum levels of service are met.

2. Therefore, each Subdivision in the City shall be required to dedicate, construct or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.

C. Minimum Standards for Public Infrastructure.

1. For each category of public infrastructure, a minimum standard of infrastructure has been developed based upon historic studies and construction projects of the City and other cities.

2. The minimum standards reflect the minimum level of facilities that can be built to meet the health, safety and welfare of the citizens.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.02 Adequate Public Facilities.

A. Services Required. Land proposed for development in the City and in the City's extraterritorial jurisdiction (ETJ) must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities, and park and open space facilities.

B. Approval Timing. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site.

C. Rough Proportionality and Fair Share Policy Statement.

1. The City requires that a new development project contribute its fair and proportional share of such costs.

2. There is a direct correlation between the increased demand on public facilities that is created by a new development, and the City's requirements to dedicate Right-of-Way and Easements and to construct a fair and proportional share of Public Improvements that are necessary to offset such impacts such that new development does not negatively affect the City as a whole.

3. A fair and proportional share shall be determined as the level or standard of service that is required to adequately serve a new development.

4. Standards relating to the dedication or construction requirements shall be roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system.

5. See 3.06.02. Subdivision Proportionality Appeal for proportionality approval procedures.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.03 Conformance to Plans and Codes.

A. Public Improvements Conform to Plan and Codes.

1. Design and construction of Public Improvements must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation.

a. The Transportation Plan;

b. The Texas Uniform Traffic Control Device Manual;

c. American Association of State Highway Transportation Officials Design Manual;

d. Texas Health Code;

e. Engineering Criteria Manual;

f. Texas Water Code; and

g. All other codes and ordinances of the City.

B. If the construction of Public Improvements is not completed within two (2) years from the Preliminary Plat approval date, then the infrastructure must be redesigned using the most current criteria.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.04 Lots.

A. Lot Design. Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the Subdivision for the type of development and use contemplated, and shall meet the requirements of the Zoning Regulations of the City.

B. Lot Frontage Requirement. Every lot shall have frontage on, and access to, a public street or private street meeting Right-of-Way standards. See 2.07.01. Residential Dimensional Regulations and 2.07.02. Nonresidential Dimensional Regulations for frontage requirements.

C. Lot Frontage Restrictions for Single Family Lots on Arterial Streets. Residential access shall be as specified by district in Subsection 2.03. Residential Zoning Districts.

D. Right Angles for Side Lot Lines. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout.

E. Double Frontage and Reverse Frontage Lots.

1. Double frontage and reverse frontage lots shall be prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

2. Where lots have double frontage, front building setbacks shall be established in accordance with the Zoning Regulations.

F. Lots with Septic Tanks. In a Subdivision where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate adequate drainage fields and to meet the standards set forth by the State, County, or any other governmental unit having appropriate jurisdiction.

G. Land Subject to a 100-Year Flood.

1. Any land that, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site, i.e., Flood Study and FEMA CLOMR (Conditional Letter of Map Revision).

2. Thereafter, the Planning and Zoning Commission may recommend approval of the Plat; however, building construction upon such land shall be prohibited until the specific drainage improvements have been planned, construction completed, and a LOMR (Letter of Map Revision) been received from FEMA.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.05 Blocks.

A. Block Measurement.

Figure 55. Block Measurement

1. Block Length. The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the Block Face:

a. Of greatest dimension, or

b. On which the greatest number of lots face.

2. Block Width. The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face:

a. Of least dimension, or

b. On which the fewest number of lots face.

3. Block Measurement Factors. The length, width, and shapes of blocks shall be determined with due regard to:

a. Provision of adequate building sites suitable to the special needs of the type of use contemplated;

b. Zoning requirements as to lot sizes and dimensions;

c. Needs for convenient access, circulation, control and safety of street traffic;

d. Limitations of topography; and

e. Compatibility with efficient development of public facilities as established by surrounding developments.

B. Block Length.

1. Nonresidential Block Length. Block length in Nonresidential Zoning Districts shall not exceed one thousand (1,000) feet or ten (10) times the minimum lot width permitted in that district, whichever is greater.

2. High Density Residential Block Length. Block length in the Transitional Residential (R-4) District or Urban Residential (R-5) District shall not exceed six hundred (600) feet.

3. Low Density Residential Block Length.

a. Block length in the other Residential Zoning Districts shall be between two hundred (200) and eight hundred (800) feet or 12 lots, whichever is less.

b. If residential lots back up to a commercial use, drainage area, or to an Arterial, then there is no restriction on the block length or the maximum number of lots. However, there shall be pedestrian walkways to connect the commercial lots unless determined they are impractical by the City Engineer. Block length and number of lot requirements apply to the opposite side of the residential street, stub-outs, as well as the remainder of the subdivision.

4. In cases where physical barriers, property ownership, adjacent development, or individual usage creates conditions where it is appropriate that these standards be varied then, upon approval by the Director of Planning, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic, and public safety.

C. Connectivity Index.

1. The connectivity index of a development generally indicates the level of connectedness within a subdivision. Higher numbers result in more accessible and walkable neighborhoods; lower numbers result in fewer connections and more dead-end streets.

2. New subdivisions shall have a connectivity index of at least 1.60.

3. Definitions.

a. Links: Non-Arterial roadway segments connecting nodes.

i. Excludes alleys.

b. Nodes: Terminus or intersection of Non-Arterial streets.

i. Includes any location where a street name changes.

ii. Includes any curve that exceeds 75 degrees.

4. The connectivity index is determined by the number of Links divided by the number of Nodes.

5. See Figure 56. Connectivity Index Example for an illustration.

Figure 56. Connectivity Index Example

(Ordinance 2017-13 adopted 10/2/2017)

3.05.06 Homeowners' or Property Owners' Associations.

A. Applicability. When a Subdivision contains common areas, common property, or other improvements not intended to be dedicated to the City for public use, a Homeowners' or Property Owners' Association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state laws.

B. Dedication. The common areas shall be shown on the Final Plat or record Plat along with an adequate form for dedication thereof. This dedication form shall:

1. Save the title to common area properties for the benefit of the Homeowners' or Property Owners' Association; and

2. Express a definite undertaking by the subdivider to convey the common properties to the Homeowners' or Property Owners' Association.

C. Membership. A Homeowners' or Property Owners' Association shall be an incorporated nonprofit organization operating under recorded land declarations through which:

1. Each lot owner in a described land area is automatically a member; and

2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the Homeowners' or Property Owners' Association's activities, such as maintenance of common areas, common open spaces or the provision and upkeep of common recreational facilities.

D. Legal Requirements. To ensure the establishment of a permanent Homeowners' or Property Owners' Association, including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of common areas or common property, the Subdivision plat, dedication documents, covenants, and other recorded legal agreements must:

1. Legally create an automatic membership, nonprofit Homeowners' or Property Owners' Association;

2. Place title to the common property in the Homeowners' or Property Owners' 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 with the Homeowners' or Property Owners' Association;

6. Provide for or place an association charge or assessment on each lot in a manner which will assure sufficient association funds to maintain the common property or improvements;

7. Give each lot owner voting rights in the association; and

8. Identify the land area within the association's jurisdiction including, but not limited to, the following:

a. The property to be transferred to public agencies;

b. The individual residential lots;

c. The common properties to be transferred by the Developer to the Homeowners' or Property Owners' Association; and

d. Other parcels.

E. Protective Covenants. Protective covenants shall be developed which, including, but not limited to, shall make the Homeowners' or Property Owners' Association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien.

F. Procedure. Prior to filing the Plat, the Subdivider shall:

1. Draft the articles of incorporation of the Homeowners' or Property Owners' Association, its bylaws, and the restrictive covenants;

2. Submit draft articles, bylaws, and covenants to the Director of Planning for approval;

3. After approval, create an incorporated nonprofit corporation;

4. Record approved covenants, at the County Clerk's office, which automatically make every lot owner a member of the association, give the owners the right to use the common property, and establish voting rights and obligations to pay assessments;

5. Provide evidence of the recorded articles, bylaws, and the restrictive covenants prior to Final Plat approval; and

6. Pay attorney fees for document review.

G. Maintenance, Repair, or Capital Improvement. Any maintenance, repair, or capital improvement effort made to Homeowners' or Property Owners' Association property or facilities by the City as a result of non-performance or negligence on the part of the Association shall be assessed between the various Association members in proportion to the taxable value of their properties.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.07 Sidewalks.

A. Sidewalks Required. Sidewalks and pedestrian ways are required as a part of Subdivision Plat approval to help the City achieve the following:

1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City and to implement objectives and strategies of the Comprehensive Plan.

2. Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians.

3. Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities.

4. Facilitate walking as a means of physical activity recognized as an important provider of health benefits.

B. Properties along IH-35. Properties adjacent to IH-35 are not required to construct sidewalks adjacent to the frontage road, however a fee-in-lieu of sidewalk construction is required.

C. Sidewalk Location, Design, and Construction.

1. Sidewalks shall be constructed for both sides of all streets within a Subdivision.

2. Sidewalks shall be constructed along all lots adjoining dedicated streets, along major Arterial Streets where lots do not adjoin the street, across power line easements, and in other areas where pedestrian walkways are necessary.

3. Sidewalk width shall be as follows:

a. At least six (6) feet along all Collector and Arterial roadways;

b. At least five (5) feet in all other areas;

c. Compliant with the City of Buda Transportation Mobility Master Plan and Trails Plan; and

d. Compliant with any Overlay District requirements.

4. Routing to clear poles, trees or other obstacles shall be subject to City Engineer approval.

5. The Plat or Construction Plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed.

6. Sidewalks must be installed against the Right-of-Way line unless the City Engineer approves an alternate location in writing.

7. At least five (5) feet of grass or other permeable ground cover shall be provided between the roadway and sidewalk unless the City Engineer determines this is not feasible through a written determination.

8. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the Subdivision.

9. All sidewalks shall conform to Federal American with Disabilities Act (ADA) requirements and barrier-free ramps should be provided for access to the street.

10. Requirements for sidewalk construction may be replaced with a fee-in-lieu in special circumstances as determined by the City Engineer in accordance with the City of Buda Adopted Fee Schedule.

(Ordinance 2017-13 adopted 10/2/2017; Ordinance 2023-03 adopted 5/2/2023)

3.05.08 Streets.

A. General.

1. The purpose of this section is to ensure adequate and safe pedestrian and vehicle circulation within the City and ETJ, and into adjoining areas.

2. All homes must be accessed by a public street. Gated subdivisions are not permitted within the City limits or ETJ.

3. All developments shall provide for streets and sidewalks to serve said development in accordance with requirements included or referenced herein.

4. The Developer shall, at his/her own cost and expense, pay for constructing all Alleys, Local Streets, and Collector Streets within the Subdivision.

5. The Developer shall be responsible for the costs of Right-of-Way and street improvements, in accordance with the policies and standards herein. Additional Right-of-Way may be required at some street intersections to accommodate utilities, sidewalks, traffic control devices, or sight distances.

6. See 2.09.02.E.2 for fence requirements related to subdivisions backing to major roadways.

B. Street Classification and Design.

1. Street classifications shall be as outlined in the Transportation Master Plan.

2. Bikeways shall be provided according to the Transportation Master Plan Recommended Bicycle Network and be designed according to the Engineering Criteria Manual.

3. All dedicated streets shall conform to the construction criteria contained in the Engineering Criteria Manual.

4. The City may prescribe vertical or horizontal geometric design to calm traffic and promote a healthy pedestrian environment.

5. See 3.05.05.C. Connectivity Index for additional requirements.

C. Street Layout.

1. A Subdivision's street system shall be coordinated and connected with the existing and proposed streets in the surrounding area. Streets shall connect to streets in adjacent Subdivisions to allow convenient movement of traffic between neighborhoods.

2. Openings to adjoining residential properties shall occur at least every nine hundred (900) feet or in alignment with abutting Subdivision streets along each boundary of the Subdivision.

3. Intersections and Offsets.

a. Streets shall intersect at safe and convenient locations at ninety (90) degree angles when possible, but in no case less than seventy (70) degree angles.

b. At least five hundred (500) feet shall be provided between median openings.

c. At least one hundred fifty (150) feet shall be provided between street jogs at intersections unless the City Engineer determines that no other practicable alternative exists.

4. Stub Outs, Cul-de-Sacs, and Dead-End Streets.

a. Street stub outs shall be provided for connections to future development.

i. If no development occurs and a stubbed street is to be terminated, the Developer is responsible for creating a permanent end to the street.

ii. A temporary turnaround shall be provided as follows for any dead-end street that exceeds two hundred (200) feet in length from the nearest intersection.

(a) For single family districts, a paved turnaround of at least one hundred (100) feet in diameter and a Right-of-Way of one hundred twenty (120) feet in diameter.

(b) For nonresidential and multi-family districts, a paved turnaround of at least one hundred twenty (120) feet in diameter and a Right-of-Way of one hundred fifty (150) feet in diameter.

b. A cul-de-sac street shall be platted and constructed with a concrete paved cul-de-sac at the closed end having a turnaround with a minimum outside paving diameter of at least one hundred (100) feet and a minimum street Right-of-Way diameter of at least one hundred-twenty (120) feet.

c. Cul-de-sacs and dead-end streets shall not exceed three hundred (300) feet in length unless no other alternative is available as determined by the City Engineer.

5. "Eyebrow" and "Elbow" Street Corners

a. The minimum centerline radius for the eyebrow shall be fifty (50) feet;

b. From the point of intersection of the centerlines of the street sections leading into the turn, the radius to the Right-of-Way shall be fifty (50) feet and the radius to the edge of pavement shall be forty (40) feet;

c. The return radius of the eyebrow shall be twenty-five (25) feet; and

d. The interior angle of the eyebrow shall be between eighty (80) and one hundred (100) degrees.

D. Access for Single Family Developments.

1. Minimum number of access points:

Table 33. Minimum Number of Subdivision Access Points
# Lots	Minimum Access Points
0-49	2
50-149	2
150-299	3
300-499	4
500+	1+ 0.7 per 100 lots

2. Access must be to a Collector Street or larger facility.

3. Access points must be calculated by each phase.

4. The Planning and Zoning Commission or City Council may require additional access points if the configuration, number of lots, or other consideration creates the need for additional access.

E. Street Names, Signs, and Lighting.

1. Streets shall be named to provide continuity with existing streets. Names of new streets shall not duplicate or cause confusion with the names of existing streets.

2. Street signs shall be furnished and installed by the Developer for all intersections within or abutting the Subdivision.

3. Such signs shall be of a type approved by the City and include the block number.

4. Street signs shall be installed in accordance with the prescribed type currently in use by the Manual on Uniform Traffic Control Devices.

5. Street marking shall be applied by the subdivider in compliance with requirements set forth in the Engineering Criteria Manual and the most recent edition of the Texas Manual on Uniform Traffic Control Devices.

6. Street lights shall be installed by the Developer at major street intersections within the Subdivision or site development, and at major intersections on the boundaries of the Subdivision in accordance with the requirements set forth in 2.09.12. Lighting, as deemed appropriate by the City Council.

F. Alleys. Unless explicitly required, alleys are optional improvements and may be constructed at the discretion of the Developer. If alleys are constructed, then the alleys shall be required to meet these regulations.

1. Reinforced Concrete or Asphalt Construction. All alleys shall be paved with reinforced concrete or asphalt.

2. Alley Fences. Where driveways connect to alleys in commercial, industrial, or residential areas, fences may be constructed along the rear lot line of any lot to a point within five (5) feet of a point where the driveway would intersect the alley pavement at 90 degrees.

3. Alley Right-of-Way Width and Design. See Engineering Criteria Manual.

4. Intersections at Right Angles. Alleys shall intersect streets at right angles or radially to curved streets.

5. Intersections at Arterial Streets Prohibited. Alleys shall not intersect Arterial Streets.

6. Dead-End Alleys. Dead-end alleys shall be provided with adequate turn-around facilities.

7. Access. Alleys shall not be the sole point of access to a particular lot.

G. Street Right-of-Way Dedication. Any Subdivision with new streets, existing streets, or adjacent to existing streets shall be required to dedicate sufficient Right-of-Way in accordance with the following regulations.

1. General Dedication Requirements.

a. Hays County Right-of-Way. Per agreement between Hays County and the City of Buda, all new developments shall be required to dedicate public Right-of-Way pursuant to the Hays County Transportation Plan or Buda's Transportation Master Plan, whichever is greater. A copy of the current Hays County Transportation Plan shall be made available at City Hall.

b. Right-of-Way Alignment. The required alignment of the Right-of-Way shall be determined with respect to property boundaries, safety, design, topography, and traffic management consideration.

i. Concerns for safety, sound design principles, and orderly development will prevail.

ii. Principles of efficient traffic management will be applied in accordance with the City's goals and objectives as expressed in the current Comprehensive Plan or Transportation Master Plans.

iii. The appropriate alignment of any street Right-of-Way can only be determined by examining the property and topographical conditions along the entire length of the street.

(a) In order to provide adequate information to establish an appropriate Right-of-Way alignment, the Developer shall provide property and topographical information for a minimum distance of two hundred (200) feet in every direction that the street extends off of the property.

(b) Additional information may be required if, in the opinion of the City, the information provided indicates conditions that may require additional Right-of-Way consideration.

2. New Streets. New streets shall be provided where there is not an existing street, roadway, or passage.

a. Internal Streets. Internal streets shall be designed and provided in accordance with the Engineering Criteria Manual.

b. Perimeter Streets.

i. When a residential or nonresidential Subdivision is developed abutting an existing or planned Arterial Street or Collector Street, the Developer shall dedicate sufficient Right-of-Way within the Subdivision.

ii. The Developer shall construct their proportional share of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the City's standards for that type of street.

iii. The Developer's proportional share of the street construction shall be determined by the City Engineer and shall be roughly proportional to the impact the development causes on the street system.

iv. If the Developer disagrees with the City Engineer's determination of rough proportionality, then the Developer may file a Subdivision Proportionality Appeal (see 3.06.02.).

3. Existing Streets. If the existing geometrical configuration of a street does not accommodate the Engineering Criteria Manual, the City may require the dedication of additional Right-of-Way to address safety, design, topography, and traffic management considerations.

a. Adjacent to a Platted Subdivision. The Right-of-Way dedication shall be based on the distance from the platted Subdivision boundary. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations.

b. Along a Right-of-Way Described by a Metes and Bounds or a General Written Description. The Right-of-Way dedication shall be based on the geometric centerline of the Right-of-Way as described. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. All existing Right-of-Way dedication within the Subdivision shall be converted from "separate instrument" to a platted Right-of-Way by being a part of the Final Plat.

c. Along a Prescriptive Right-of-Way. The Right-of-Way dedication shall be based on the apparent centerline of the existing pavement or of the travel way if unpaved. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. The Developer shall indicate on the Preliminary Plat and Final Plat property lines and features which identify prescriptive Right-of-Way. These features may include fences, borrow ditches, utility lines, drainage improvements, limits of plowed or improved fields, etc. All existing prescriptive Right-of-Way dedications within the Subdivision shall be converted from prescriptive to a platted Right-of-Way by being a part of the Final Plat.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.09 Access Management.

A. Intent of Access Management. It is the intent of this section to:

1. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system;

2. Reduce conflicting turning movements and congestion and thereby reducing vehicular accidents; and

3. Maintain and enhance a positive image for the attraction of new, high-quality developments in the City.

B. Applicability.

1. A person commits an offense if the person constructs, reconstructs, relocates or in any way alters the design or operation of any driveway without first obtaining a building permit issued by the Building Official.

2. No driveway shall be allowed or permitted if, in the determination of the City Engineer, it is detrimental to the public health, safety, and welfare.

C. Common Access.

1. A Common Access Easement is required between adjacent lots used, zoned, or planned for nonresidential and multi-family uses fronting on any street section unless the City Engineer authorizes an exemption due to site constraints.

2. Common Access Easement.

a. The use of common driveways shall require the dedication of a joint-use private access easement on each affected property.

b. Said dedication shall be provided on the Final Plat of the subject properties, or be filed by separate instrument approved by the City Attorney with the County with a copy forwarded to the City.

c. The Plat shall state that the easement shall be maintained by the property owner.

d. The Common Access Easement shall encompass the entire width of the planned driveway plus an additional width of one foot on both sides of the drive.

Figure 57. Example of a Common Driveway

D. Driveway Design for Non-State Maintained Roadways. The following standards shall be followed in the design and construction of driveways. The values in the following tables represent minimum standards to be applied in designing and locating driveways on City/County streets.

1. Driveway Dimensions and Spacing (Non-State Maintained Roadways). Table 34. Dimensions for Driveways at Non-State Maintained Roadways indicates the minimum dimensional values required for driveways along City/County maintained roadways (Local Streets, Collector Streets, Arterial Streets).

Table 34. Dimensions for Driveways at Non-State Maintained Roadways
Criteria	Street Classification	Nonresidential and Multi-Family Driveway	Service Driveway
Driveway Throat Width	Arterial Streets	24-40'	30-48'
	Collector Streets	24-40'	30-48'
	Local Streets	24-36'	28-40'
Driveway Curb Radius	Arterial Streets	20-30'	25-30'
	Collector Streets	10-20'	10-20'
	Local Streets	10-20'	10-20'
Minimum Distance to Intersection Along Roadway	Arterial Streets	200'	200'
	Collector Streets	150'	150'
	Local Streets	50'	100'
Minimum Centerline Driveway Spacing Along Roadway	Arterial Streets	250'	250'
	Collector Streets	150'	150'
	Local Streets	100'	100'

Notes:
1	The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided two-way operation and may be varied by the City Engineer if traffic volumes, truck usage, common driveways, and other factors warrant such.
2	Minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the City Engineer.
3	Distance measured from the intersection Right-of-Way line to the centerline of the proposed driveway.
4	Nonresidential, multi-family and service driveways shall not be permitted on Local Streets.

Figure 58. Driveway Spacing Illustration

2. Deceleration Lanes for Driveways on Arterial Streets Required (Non-State Maintained Roadways).

a. When the turning volume for a driveway exceeds 60 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed of 40 mph to 45 mph.

b. When the turning volume for a driveway exceeds 50 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed greater than 45 mph.

E. Required Internal Storage (Minimum Throat Length/Stacking).

1. Minimum Throat Length. The driveway for any multi-family or nonresidential property that connects to an Arterial Street, Collector Street, or Local Street shall extend onto private property a minimum distance of fifteen (15) feet, but not less than the required front landscape edge width, from the Right-of-Way line before intersecting any internal circulation drive.

2. Driveway Stacking. Driveway stacking shall be provided on multi-family or nonresidential properties for corresponding driveways in accordance with Table 35. Required Driveway Stacking for driveways that provide ingress/egress to parking areas of twenty (20) or greater spaces.

Table 35. Required Driveway Stacking
Average Number of Parking Spaces per Driveway*	Total Number of Parking Spaces**	Minimum Stacking Length
20-49	20-49	Landscape edge width +20'
	50-199	50'
	200+	75'
50-199	50-199	75'
	200+	100'
200+	200+	100'

Notes:
1	The average number of parking spaces per driveway is calculated by dividing the total number of parking spaces by the number of commercial and multi-family driveways. (Service driveways are not included in the calculation.)
2	The total number of parking spaces is the sum of all spaces accessible by a driveway or driveways both on-site and off-site. The internal storage shall be separated from parking areas by a five-foot (5') wide, raised curb island or median. Planting requirements for the island or median shall be one (1) Small Tree and one (1) five-gallon (5 Gal.) shrub for every fifteen (15) linear feet. Appropriate signage (e.g. stop, yield, etc.) shall be placed for any vehicular cross movement or internal circulation that intersects the ingress/egress circulation beyond the required internal storage.

F. Adequate Sight Distance.

1. Driveways shall be prohibited where adequate sight distance is not available for the established speed limit.

2. Sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets."

3. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location.

G. Sight Visibility. See Subsection 4.01. Sight Visibility Triangle.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.10 Traffic Impact Analysis.

A. Purpose.

1. The purpose of a Traffic Impact Analysis (TIA) is to assess the effects of specific development activity on the existing and planned roadway system. Development activity may include but is not limited to a rezoning, plan of development approval, Preliminary Plat, Final Plat, driveway permit, Certificate of Occupancy, Transportation Master Plan amendment, or by agreement.

2. A TIA is intended to adequately assess the traffic-related impacts of a zoning or development proposal on the existing and planned thoroughfare system. The purpose of these regulations is to:

a. Provide the safest and most efficient transportation system in conjunction with the development review process;

b. Inform the Applicant of the City's requirements and expectations;

c. Provide standard guidelines for the preparation and review of a TIA; and

d. Establish equitable mitigation measures for the accommodation of identified impacts.

B. Presubmission Meeting. After the submission of a zoning Application or a Preliminary Plat but prior to the commencement of a TIA, a presubmission meeting with the City Staff is required to establish a base of communication between the City and the Applicant. This meeting will define the requirements and scope relative to conducting a TIA and ensure that any questions by the Applicant are addressed.

C. Definitions.

1. Accident Analysis. A summary of the accident history on adjacent roadways during a specified time period. Such analyses typically include measures to mitigate the impact of site traffic on safety based on accident history and associated information.

2. Capacity. The maximum number of vehicles that can pass a given point during one hour under prevailing roadway and traffic conditions.

3. Level of Service (LOS). A qualitative measure of traffic operating conditions based on such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Level of Service analyses conducted as part of a TIA shall be determined using procedures of the latest edition of the Highway Capacity Manual, Special Report 209 published by the Transportation Research Board (TRB).

4. Modal Split. The percentage of people using a certain means of transport; auto, transit, walk.

5. Queuing Analysis. An analysis of vehicle stacking and required lane storage necessary to mitigate excessive vehicle queues. Typically performed for drive-through facilities, drop-off zones to schools and daycare facilities, entrance gates, turn lanes and median breaks.

6. Sight Distance Survey. A survey of the available horizontal and vertical sight distance at access points to a site, intersection or roadway section. Such study must include measures to eliminate any resulting safety hazard.

7. Signal Cycle. The time period required for one complete sequence of traffic signal indications.

8. Signal Phase. A part of the signal cycle allocated to a traffic movement or any combination of traffic movements.

9. TIA Analysis Periods. Time periods for traffic assessment as part of a TIA submittal.

10. Traffic Control Device. Any sign, signal, marking, or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians.

11. Traffic Impact Analysis. A study that provides information to:

a. Determine whether or not the existing and planned thoroughfare system can accommodate the traffic to be generated by a proposed development; and

b. Evaluate the appropriate traffic mitigation measures if the thoroughfare system cannot accommodate the impact.

12. Traffic Simulation. The use of a computer model to provide detailed analysis of the interaction between traffic, roadway geometry, and traffic control devices.

13. Trip Generation. The number of one-way traffic movements associated with such variables as building size, type of dwelling unit, employees, land area, etc.

14. Turn Lane Analysis. An analysis of storage requirements for driveways or nearby intersections based on existing and future roadway volumes.

15. Vehicle Trip. A one-way movement of a vehicle between two points.

16. Volume/Capacity Ratio (V/C). The ratio of an actual volume to the capacity of a roadway.

Table 36. TIA Requirements
Examples	Applicability	Analysis Periods	Notes
Zoning
Zoning requests and Thoroughfare Plan amendments, if no previous traffic assessment was performed.	All zoning requests for land uses that will generate 2,500 or more vehicle trips per day or contain a density of 0.75 Floor Area Ratio (FAR) or greater. All zoning requests for single family residential development with the following exemptions: • Development density of six (6) dwelling units per acre or less, or • Special circumstances exist, as determined by the City Engineer, such as: -Impacts to other residential development from cut-through traffic, -Inadequate site accessibility, -The implementation of the surrounding Transportation Master Plan is not anticipated during the estimated time period of the proposed development, -Internal street or access system is not anticipated to accommodate the expected traffic generation, or -The development is outside the urban core of the community. Other zoning requests that do not meet the daily trip generation threshold may also require a TIA if special circumstances exist, as determined by the City Engineer, such as: • Impacts to residential neighborhoods from nonresidential development, • Inadequate site accessibility, • The implementation of the surrounding thoroughfare plan is not anticipated during the estimated time period of the proposed development, • The proposed land use differs significantly from that contemplated in the comprehensive plan, or • The internal street or access is not anticipated to accommodate the expected traffic generation.	Analysis periods shall include build and no-build scenarios. Assume full occupancy and buildout. The analysis periods for a zoning TIA shall be: • Opening year, • 5 years after opening, and • 10 years after opening.	Study Area: • All site access drives • All signalized intersections or major unsignalized street intersections within 1/2 to 1 mile of site boundary • For certain projects the City may require an enlarged study area. Land uses within the Study Area should include recently approved or pending development adjacent to site. Additional Requirements: Depending upon specific site development characteristics of the proposed development, one or more of the following elements may also be required by the City Engineer as part of the TIA: • An accident analysis, • Sight distance survey, • Traffic simulation, • Queuing analysis, or • Turn lane analysis. Action: The need for a TIA shall be determined by the City Engineer based upon the results and recommendation from a Presubmission Meeting. It shall be the responsibility of the Applicant to demonstrate that a TIA should not be required.
Development
Site Plans, and Preliminary Plats or Final Plats, if no TIA was previously performed.	All development requests for land uses that will generate over 100 total trips during the AM or PM peak hour, or 750 daily trips. An additional separate analysis may be required when site-generated peak hour trip activity is different from that of the adjacent street (weekday 7-9am, 4-6pm), as determined by the City Engineer. Such circumstances may include, but not be limited to commercial/retail, entertainment or institutional activity. Development with 50-500 peak hour trips may require a TIA, as determined by the City Engineer. The City Engineer may waive the TIA for a Site Plan if a TIA was performed with the zoning request and conditions listed in the report are current.	Analysis periods shall include build and no-build scenarios. Assume full occupancy and buildout. The analysis periods for a development TIA with >50 peak hour driveway trips, or 100-500 total peak hour trips, shall be: • Existing year, • Opening year, and • 5 years after opening The analysis periods for a development TIA with >500 total peak hour trips shall be: • Existing year, • Opening year, • 5 years after opening*, and • 10 years after final opening with full build out *TIA study not required if the traffic impacts of the project are fully mitigated 10 years after opening with existing conditions plus 5-year programmed improvements.

D. Requirements for TIA Updates. A TIA shall be updated when time or circumstances of the original study fall within the parameters presented in Table 37. Criteria for Determining Study Update Requirements. The Applicant is responsible for preparation and submittal of appropriate documentation in order for City Staff to process the zoning or development Application. A TIA for site development requests must be updated if two years have passed since the original submittal, or if existing or assumed conditions have changed within the defined study area. The City Engineer shall make the final determination as to the extent of a TIA update.

Table 37. Criteria for Determining Study Update Requirements
Original Report	Changes to the Original Proposed Development
	Access Changed* or Trip Generation Increased by >10%	Access Not Changed and Trip Generation Increased by <10%
Submittal <2 years old	Letter amendment required: Identify and report only analysis conditions that changed.	Letter documenting change (no other reports required).
Submittal >2 years old	Prepare new study: Must meet all current TIA requirements.	Prepare new study: Must meet all current TIA requirements.
*Changed access includes proposed new access or refinement of general access locations not specifically addressed in original proposed development.

E. Responsibility of TIA Preparation and Review.

1. Preparation.

a. A TIA must be prepared in accordance with all the guidelines of this ordinance and submitted in accordance with the City's development review schedule.

b. The responsibility for TIA preparation shall rest with the Applicant, and must be performed by a licensed Professional Engineer (P.E.) in the State of Texas with experience in traffic and transportation engineering.

c. The final TIA report must be signed and sealed by the P.E. responsible for the analysis to be considered for review by the City.

d. Application and review fees are due at the time of each submittal.

e. City staff shall serve primarily in a review and advisory capacity, and will only provide data to the Applicant when available.

2. Submittal.

a. It shall be the responsibility of the Applicant to submit four (4) draft TIA reports, final reports, and executive summaries with the zoning or development submission.

b. The proper number of reports, the timing for submission, and the review of these reports shall be based on standard City development review procedures.

c. Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of zoning and development requests.

d. Should it be determined during the review of the zoning or development plans that a TIA is required, consideration shall be deferred until the Applicant submits a completed TIA and the City has reviewed the assessment.

3. Review.

a. An initial review of the TIA by the City shall be available to the Applicant nine (9) business days from the submittal date.

b. Should additional analysis be required of the Applicant, re-submission shall be within four (4) business days from when the initial review is available.

c. Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of zoning and development requests.

d. Longer review periods may be needed if TxDOT is involved in the review process.

F. Traffic Impact Analysis Standards. It is the objective of the City to determine whether the existing and planned thoroughfare system can accommodate the impact of the proposed development. To achieve uniformity in the evaluation process, the following standards shall apply:

1. Design Level of Service. The minimum acceptable level of service (LOS) within the City shall be defined as LOS "D" in the peak hour for all critical movements and links. All development impacts on both thoroughfare and intersection operations must be measured against this standard.

2. Trip Generation Resources.

a. The City's standard for trip generation rates for various land use categories shall be those found in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE) or other published or recognized sources applicable to the region. Alternate trip generation rates may be accepted on a case-by-case basis if the Applicant can provide current supporting data substantiating that their development significantly differs from the ITE rates. The City Engineer in advance of the TIA submission must approve alternative trip generation rates in writing.

b. Trip reductions for passer-by trips and mixed use developments will be permitted, subject to analytical support provided by the Applicant and approval by the City Engineer, on a case-by-case basis. Assumptions relative to auto occupancy, transit mode share, or percentage of daily traffic to occur in the peak hour must be documented and will be considered subject to analytical support provided by the Applicant.

3. Study Horizon Years. The TIA must evaluate the impact of the proposed development on both existing traffic conditions and future traffic conditions for the horizon year(s) as specified in Table 37. Criteria for Determining Study Update Requirements on page 289. However, applications for densities of 0.75 Floor Area Ratio (FAR) or greater within the IH-35, Main Street east of Railroad Street, FM 967, Cabela's Drive, FM 1626, FM 2001, Old Goforth Road, and Glenview Lane corridors (throughout the City limits) shall require that the horizon year land use assumptions be updated to reflect full development based on all proposed zoning. These applications should also assume full development of the Transportation Master Plan or pending amendments.

G. Deferred TIA. On developing corridors where multiple separate ownership of small tracts exists, the City may defer the TIA in favor of a more comprehensive corridor analysis.

1. The Applicant will submit a proportionate cost contribution based on the ultimate development intensity of individual tracts relative to the corridor defined for analysis or as determined by the City's Fee Schedule for a traffic assessment fund for such larger study.

2. Mitigation of traffic impacts may still be required but as determined from the larger TIA.

3. Affected individual property owners will commit to contribution of proportionate costs for required improvements, as determined through study, for area-wide improvements.

H. Mitigation. Mitigation of impacts shall be required if the proposed development would cause a facility or traffic movement to exceed LOS D, or where it already exceeds LOS D and the development would contribute 5% or more of the total traffic during any projected horizon year. If mitigation is required, the Applicant must only mitigate the impact of the proposed development, and would not be responsible for alleviating any deficiencies in the thoroughfare system that may occur without the proposed development. Acceptable mitigation measures shall include:

1. Staging of development in order to relate site development to the construction of the required thoroughfare system;

2. Off-site improvements, including the provision of Right-of-Way or the participation in funding for needed thoroughfare and intersection improvement projects; and

3. On-site improvements, including access controls and site circulation adjustments.

I. Administration. The City Engineer shall be responsible for reviewing the TIA. Based on the City Engineer's recommendation, the Planning and Zoning Commission, or the City Council, as appropriate based on the type of Application, shall take one or more of the following actions:

1. Approve the zoning or development request, if the project has been determined to have no significant impact or where the impacts can be adequately mitigated;

2. Approve the development request, subject to a phasing plan;

3. Recommend study of the Transportation Master Plan to determine amendments required to increase capacity;

4. Recommend amendment of the City's CIP to expedite construction of needed improvements; and

5. Deny the zoning request, where the impacts cannot be adequately mitigated.

J. Cost of TIA Review by City. The cost for review of TIA submittals shall be based on the parameters set forth in the City's Fee Schedule and paid in full at time of submission.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.11 Easements and Dedications.

Easements and fee simple dedication of all property needed for the construction of streets, Arterial Streets, alleys, private common access easements, sidewalks, storm drainage facilities, floodways, water mains, wastewater mains and other utilities, retaining walls and any other property necessary to serve the Plat and to implement the requirements of the UDC and Engineering Criteria Manual shall be provided on Subdivision Plats and maintained by the property owner.

A. Utility Easements.

1. Where not adjacent to a public Right-of-Way, easements at least sixteen (16) feet wide shall be provided for utility construction, service, and maintenance shall be provided where necessary.

2. Easements accommodating both water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities shall be at least twenty (20) feet wide.

3. More easements or additional easement width may be required by the Planning and Zoning Commission and City Council if deemed necessary by the City Engineer.

4. Easements at least sixteen (16) feet wide for utility construction, service, and maintenance shall be provided for lots which have frontage along state highways.

5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public Right-of-Way.

6. The following full statement of restrictions shall be placed in the dedication instrument:

Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements or Right-of-Way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them.

B. Fire Lane Easement.

1. Emergency access and fire lane easements shall be provided in locations required by the City and be curbed.

2. These easements shall have a minimum width of twenty-four (24) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.

3. All turns shall have a minimum inside radius of twenty-six (26) feet and a minimum outside radius of fifty (50) feet.

4. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or private way or be provided with a cul-de-sac having one hundred (100) feet diameter of paving with an additional distance of ten (10) feet on all sides clear of permanent structures or other obstructions.

5. These easements shall be maintained by the owner or the Homeowners' or Property Owners' Association and a statement shall appear on the face of the Plat indicating maintenance responsibility.

C. Roadway Easements. See 3.05.08.G. Street Right-of-Way Dedication.

D. Sight Visibility Triangle Easements. See Subsection 4.01. Sight Visibility Triangle.

E. Drainage Easements.

1. Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainage ways.

2. Storm drainage easements of sixteen (16) feet minimum width shall be provided for existing and proposed enclosed drainage systems.

a. Easements shall be centered over the systems.

b. Larger easements, where necessary, shall be provided as directed by the City Engineer.

3. Where lot-to-lot drainage occurs, see 3.05.12. Drainage and Storm Water, specifically 3.05.12.C.1. Lot-to-Lot Drainage Standards.

4. Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system of a capacity required by the City.

5. Where a Subdivision is bounded by a water-course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage Right-of-Way conforming substantially to the lines of such water course, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.

6. As required by the City, drainage easements shall be dedicated up to the full width of easement necessary to construct the ultimate drainage facility (culvert, storm water, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

F. Floodplain Easements.

1. Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs.

2. Floodplain easements shall be provided in accordance with the recommendation of the City Engineer and the Director of Planning to accommodate the 100 year storm drainage flows or the flow of the flood of record, whichever is greater.

3. Floodplain easements shall encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer.

4. The following full statement of structures shall be placed in the dedication instrument of the Plat: Floodplain Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain easement must be accompanied with detailed Construction Plans and studies indicating that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin.

a. Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

G. Retaining Wall Easements.

1. If in the opinion of the City Engineer, the grading plans submitted with the Application for approval of a Final Plat indicate a need for the construction of one or more retaining walls, a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone shall be dedicated and shown on the Preliminary Plat and the Final Plat.

2. The width of the retaining wall easement and the no-building zone shall be as established by the Applicant's structural engineer and approved by the City Engineer.

3. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

a. No structure (other than the retaining wall), swimming pool, landscaping, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

4. A retaining wall easement shall be located entirely on one lot and shall not straddle property lines unless the wall is constructed within a retaining wall easement dedicated to the Homeowners' or Property Owners' Association in accordance with 5 below.

5. The property owner, or the Homeowner's Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Final Plat.

H. Needs/Benefits Determination.

1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the City determines that the dedication is related to the impact of the proposed development; is roughly proportional to the needs created by the proposed development; and provides a benefit to the development.

2. An Applicant may appeal a staff recommendation that a dedication be required in accordance with the provisions of Subsection 3.06. Subdivision Relief Procedures.

I. Maintenance of Easement.

1. An area established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems.

2. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

3. The property owner shall be responsible for maintaining the easement.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.12 Drainage and Storm Water.

A. General.

1. Components of the Drainage System. Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain storm water, must be designed and constructed to promote the health, safety, and welfare of the property owner and the public.

2. Management of Storm Water Runoff. Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge of storm water runoff drainage onto, through and originating within the Subdivision.

3. Maintenance Responsibility.

a. The City shall be responsible for maintaining detention and retention ponds for single family residential subdivisions. The property owner shall be responsible for associated pond maintenance costs, which the City may approve through a development agreement if deemed appropriate by the City.

b. It is a violation for a detention/retention pond or a structural control to be unable to operate for its intended purpose due to lack of maintenance.

4. Discharge of Storm Water Runoff. Storm water must not have an adverse impact downstream and must be discharged in an acceptable form and at a controlled rate so as not to endanger human life or public or private property.

5. Drainage Facilities. Drainage facilities shall be provided and constructed by the Developer in accordance with the requirements within this 3.05.12. Drainage and Storm Water and the Engineering Criteria Manual.

B. Planning and Construction.

1. Plans, profiles, and specifications shall be prepared for storm water improvements to be constructed and shall show the locations, sizes, grades, hydraulic gradients, flow arrows, and other details for the proposed pipe, inlets, channels, manholes, culverts, outlet structures, and other appurtenances.

a. Each sheet of the plans and profiles shall bear the seal and signature of the Licensed Professional Civil Engineer who prepared them.

2. The Developer shall incur the cost of all drainage improvements connected with development of the Subdivision and acceptance of current upstream flows necessary to safely and adequately drain the Subdivision, including any necessary off-site channels or storm sewers and acquisition of any required easements.

a. The 100-year storm must be contained within the street Right-of-Way or the drainage easement boundaries.

b. Any necessary off-site channel or storm sewers which are required to be within easements must have a separate instrument easement filed in the County and a filed copy shall be submitted to the City before Construction Plans will be approved.

3. Integration into Overall Design. Waterbodies exceeding twenty thousand (20,000) square feet in area located within seventy-five (75) feet of a public right-of-way must be integrated into the overall design of a project in at least one of the following ways:

a. Provide a walkway with native trees planted on average twenty-five (25) foot centers;

b. Provide a public access area with covered structure and seating; or

c. Provide a plaza or courtyard with shaded benches or picnic tables next to the water body.

C. Residential Grading and Drainage.

1. Lot-to-Lot Drainage Standards.

a. Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system.

b. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard.

c. Furthermore, no more than one lot may drain to a second lot before the flow is directed to the street or to a dedicated City drainage system.

d. Where lot-to-lot drainage occurs, the lot lines shall be aligned and a minimum of a ten (10) foot drainage easement shall be provided.

2. Detailed Standards. See the Engineering Criteria Manual for requirements for detailed standards and policies.

D. Nonresidential Grading and Drainage.

1. Lot-to-Lot Grading and Drainage Standards.

a. Grading and drainage plans shall strive to ensure that surface runoff from nonresidential individual lots cross no more than one (1) additional lot before being directed toward a private on-site system or a dedicated City drainage system.

b. When the flow reaches the third lot, side lot swales may be utilized to direct the flows to private enclosed systems or to a dedicated City drainage system within a dedicated easement or in street Right-of-Way.

c. No runoff may drain to a fourth lot.

i. The flow must be directed to the street system or to a dedicated City drainage system with a dedicated easement.

d. Concentrations of stormwater shall not be discharged to City Streets through driveways or flumes but shall be collected into an enclosed system, either private or public, prior to reaching the curb line of the roadway.

e. Specific deviations from these guidelines may be addressed on an individual basis.

2. Detailed Standards. See the Engineering Criteria Manual for detailed standards and policies.

E. Design Criteria.

1. The design of the swales and enclosed systems located within a dedicated drainage easement shall utilize the City's adopted Drainage Design Criteria for channel and pipe systems.

2. Side yard swales shall have a minimum slope of one (1) percent to ensure adequacy of flow during and after a rain event.

3. See the Engineering Criteria Manual for requirements for detailed standards and policies.

F. Materials.

1. Swales on Residential Lots. Swales on residential lots shall be fully sodded, unless an alternative equal design is approved by the City Engineer.

2. Swales on Nonresidential Lots. Swales on nonresidential lots may be constructed in a natural state fully sodded in cases where the surrounding area has been sodded and velocities and depth of flow can be contained within the proposed swale without erosive damage.

a. Swales within the parking and private driving lanes of nonresidential properties shall be constructed of materials similar to those of the parking and driving lanes.

3. Systems on Residential Lots. Enclosed systems may be designed utilizing concrete or approved plastic pipe and collection inlets on residential lots.

a. Private enclosed systems on nonresidential lots may be designed utilizing approved plastic pipe and collection inlets.

4. Systems on Nonresidential Lots. Enclosed systems on nonresidential lots which will be dedicated to the City shall be designed utilizing concrete pipe and collection inlets.

G. Roof Drains.

1. All roof drains of residential structures shall be directed to the street or toward a rear swale and shall not be discharged directly onto the side lot.

2. Side downspouts may be directed to side lot swales at a 45 degree angle to the direction of flow of the side lot swale to ensure that the flows are directed away from the house foundation yet providing a less severe entry into the swale.

H. Maintenance.

1. All grassed swales should be designed and constructed with 3:1 side slopes that will be gentle enough to allow easy mowing.

2. Mowing and maintenance responsibility shall be the responsibility of the property owner or Homeowners' or Property Owners' Association.

3. Periodic cleaning of enclosed systems located within dedicated drainage easements shall be the responsibility of the City.

I. Preliminary Drainage Plan.

1. Applicability and Purpose.

a. A Preliminary Drainage Plan shall be prepared for the following developments:

i. New nonresidential construction,

ii. New multi-family construction (3+ units),

iii. New residential subdivisions, or

iv. Conversion from single-family home to nonresidential/multi-family use when impervious surface is increased.

b. The Preliminary Drainage Plan shall show the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development.

i. The Preliminary Drainage Plan must comply with the standards outlined in this UDC, Engineering Criteria Manual, and other City codes.

c. The Preliminary Drainage Plan is a guide for later detailed drainage design.

d. The Preliminary Drainage Plan may satisfy the storm water management portion of the Storm Water Pollution Prevention Plan (SWPPP) that is required for construction activities; however, the Preliminary Drainage Plan is not a substitution for the SWPPP.

e. The review of the Preliminary Drainage Plan does not constitute final drainage plan approval or authorize a waiver to any of the Subdivision Regulations and Development Standards.

2. Plan Required and Previous Plans.

a. For any property involved in the development process, a Preliminary Drainage Plan shall be provided, at the Developer's expense, for the area proposed for development.

b. For property with a previously accepted Preliminary Drainage Plan, the accepted Preliminary Drainage Plan may be submitted and enforced unless a revised Preliminary Drainage Plan is required by the City due to lot reconfiguration or other conditions created by the new Plat.

3. Submittal.

a. Three (3) paper copies of the Preliminary Drainage Plan shall be submitted with the submittal of a Preliminary Plat or Replat for review and acceptance.

b. The Preliminary Drainage Plan shall be labeled as "Preliminary."

c. The Preliminary Drainage Plan shall be stamped by and dated by the engineer.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.13 Water Utility.

A. General.

1. All Subdivisions shall provide an approved water distribution system connected to the existing City water system in conformance with all applicable City master plans and regulations.

2. In the absence of specific standards, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code, Chapter 290.

3. The City shall make the final determination of the adequacy of the proposed system.

4. Possible Phasing of Development Required.

a. The Director of Planning may require the phasing of development or improvements in order to maintain adequate water capacity.

b. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning.

B. Basic Requirements.

1. Water Connection.

a. Any development occurring within one thousand (1,000) feet of an existing or proposed water line shall extend and connect to the City's facilities (or other public utility as determined by CCN).

b. The City Engineer may authorize an exemption where a connection is not legally possible or topographically practicable.

2. Water Main Construction. All water mains shall be constructed within the street Right-of-Way or easements dedicated to the City.

3. Water Lines Extended to Subdivision Borders.

a. All water lines installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the distribution system, regardless of whether such extensions are required for service within the Subdivision.

b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

4. Fire Hydrants (Locations and Hose-Lay).

a. Fire hydrants shall be placed on block corners or near the center of the block to place all of every lot within a radius of five hundred (500) feet in residential areas, but under no circumstances shall a hose-lay for more than five hundred (500) feet be made from the fire hydrant to cover all of every lot within the Subdivision or tract under development.

b. Fire hydrants shall be located in commercial and industrial areas so that all of every lot shall be within a radius of three hundred (300) feet, but under no circumstances shall a hose-lay of more than three hundred (300) feet be made in order to adequately afford fire protection to the building or buildings.

c. A fire hydrant shall be placed at the entrance of all cul-de-sacs.

d. Hydrants must provide sufficient pressure for fire protection in accordance with the City's adopted fire codes.

C. Preliminary Utility Plan.

1. General. A Preliminary Utility Plan shall detail both 3.05.13. Water Utility and 3.05.14. Wastewater Utility requirements.

2. Illustrate the Location and Size of Water Utility and Wastewater Utility Mains.

a. Concurrent with the submission of a Preliminary Plat or Replat, the Developer shall submit a map or plan showing the location and size of Water Utility and Wastewater Utility mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed plat.

b. Plans and specifications for fire hydrant systems shall be submitted to the City Engineer for review prior to construction.

3. Plan Document. The plan shall be prepared as noted in the City's Development Application Forms.

4. Coordination with other Utility Providers.

a. Preliminary Plat. When the subdivision is located in an area served by a utility provider other than the City, the Developer must provide a water system analysis, indicating adequate water supply and water quality.

b. Replat.

i. When a Subdivision is located in an area served by a utility provider other than the City, the Developer must provide a letter from the utility provider stating that facilities exist in the area to provide adequate domestic service and fire protection.

ii. If the City has reason to believe that there may be water supply or pressure concerns the City may require, a water system analysis, indicating adequate water supply and water quality.

c. Final Plat. The Final Plat will not be approved until a letter has been provided from the utility provider stating that they have accepted the plans for construction.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.14 Wastewater Utility.

A. General.

1. Approved Means of Wastewater Collection and Treatment Required. All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment.

2. Possible Phasing of Development Required.

a. The Director of Planning may require the phasing of development or improvements in order to maintain adequate wastewater capacity.

b. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning.

B. Basic Requirements.

1. Wastewater Connection.

a. Any development occurring within five hundred (500) feet of an existing or proposed wastewater line shall extend and connect to the City's facilities.

2. Wastewater Disposal System Required.

a. All Subdivisions shall provide an approved wastewater disposal system conforming to the current criteria and all applicable City master plans and regulations and the requirements of Hays County, Texas Administrative Code (Title 30, Part 1, Chapter 285), On-Site Sewage Facilities and Texas Commission on Environmental Quality On-Site Sewage Facilities licensing requirements.

b. The City shall make the final determination of the adequacy of the proposed system.

c. Lots on the Edwards Aquifer Recharge Zone as depicted on the official map of the TCEQ that will not be connected to the City's wastewater system shall have an area of least one (1) acre. When it is difficult to determine from the maps of the TCEQ whether particular lots lie within the Recharge Zone, the City may make the determination, based upon a geological inspection of the site by a professional geologist competent to perform this task. The geologist shall be approved by the City Council prior to conducting the inspection and the inspections shall be conducted at no cost to the City. Any rules or regulations required by Hays County must be met in addition to this section.

3. Wastewater Lines Extended to Subdivision Borders.

a. All laterals and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the subdivision.

b. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat.

C. Preliminary Utility Plan. When required by the UDC, a Preliminary Utility Plan for Wastewater Utility requirements shall be prepared in accordance with 3.05.13. C. Preliminary Utility Plan.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.15 Water Reclamation and Reuse.

A. Purpose. The purpose of this subsection 3.05.15. is to define the terms and conditions for which Reuse Water may be provided to Users within the City's Reuse Water Service Area.

B. Reuse Water Service.

1. Provision of Reuse Water Service.

a. Any development occurring within one thousand (1,000) feet of an existing or proposed reuse water line shall extend and connect to the City's facilities.

b. Upon the City Engineer's recommendation that the provision of Reuse Water is feasible, the City Manager may enter into a standard Reuse Water Service Agreement for the provision of Reuse Water to properties within the Reuse Water Service Area upon Application, and in compliance with this subsection 3.05.15. and all applicable laws and regulations.

c. A person who requests Reuse Water Service from the City must meet all requirements provided in this subsection 3.05.15. and all minimum design, construction and operation standards for Reuse Water facilities.

2. Request for Reuse Water Service.

a. To request Reuse Water Service, a person must own or manage the property for which the service is to be provided.

b. A person must submit an Application to the City Engineer and agree to abide by all requirements for Reuse Water Service as described in this subsection 3.05.15. If a person meets the requirements described herein, then that person must enter into a standard Reuse Water Service Agreement prior to the delivery of Reuse Water.

c. The City Engineer shall review each submitted Application and shall make such investigation, to include site visits, as is reasonably necessary to determine if such service is feasible.

3. Proof of Compliance with the Minimum Design and Operation Standards.

a. A person making an Application for Reuse Water Service shall submit the following information to the City Engineer for approval, prior to construction or retrofit of Off-Site Facilities that will use or receive Reuse Water:

i. Design Drawings and specifications that must be in compliance with the City's policies and regulations;

ii. Drawings of the final installed On-Site Facilities and the entire proposed use area;

iii. Proof that the User has installed the required backflow prevention assembly on the Reuse Water Service line; and

iv. Proof, as requested by the City Engineer, that the User has sufficient Storage Facilities for the Reuse Water and will be in compliance with Chapter 210 of the TAC.

b. The City Engineer may issue written notice to the Applicant to proceed with construction or retrofit upon satisfaction that the Applicant meets or shall meet the minimum design and operation standards for Reuse Water Service.

c. After completion of the construction or retrofit of the On-Site Facilities for Reuse Water Service, the Applicant must make a written request for inspection by the City. The inspection shall include the Cross Connection control and an operational test.

d. The City Engineer shall grant the User approval of Reuse Water On-Site Facilities if:

i. The City Engineer determines that the Applicant meets the City's minimum design and operation standards; and

ii. The system passes the inspection and the operational tests of the Cross Connection control.

4. Cross Connections with Potable Water Main Prohibited.

a. It shall be unlawful for any person to make or to maintain any Cross Connection or to allow any Cross Connection to exist at any place under the control of any person.

b. Any switchover system potentially allowing use of potable water as a temporary substitute for Reuse Water if Reuse Water is not available shall be built to ensure that Reuse Water does not flow into the potable water system.

c. To ensure the complete separation of a User's on-site potable water system from the lines supplying Reuse Water, the City shall inspect or cause to be inspected by a third party contractor, the User's on-site potable water system prior to supplying Reuse Water. Any recommended piping modifications shall be completed prior to commencement of the Reuse Water Service. A re-inspection shall be conducted every year or as deemed necessary by the Director.

5. Distribution Mains and Extension of Public Utilities.

a. Any person who desires the extension of Reuse Water Distribution Mains for the provision of Reuse Water Service shall bear all costs of extending the Distribution Main from the Transmission Main to the User's property line. The size of such Distribution Mains are to be determined by the City, based on the User's expected Reuse Water consumption.

b. Any Distribution Main construction that includes oversizing of a Distribution Main at the request of the City shall be advertised for bids or using the City's approved unit prices for water mains in the manner generally required for City construction and shall also comply with the City's policies for extension of public utilities. All qualified bids submitted shall be publicly opened and let in the same manner as other City construction contracts are bid and let. The construction contract shall be between the User and contractor. Prior to commencement of the work under the contract for construction of an oversize Distribution Main, the contractor must have complied with the City's policies for extension of public utilities.

6. Reuse Water Service Agreement.

a. Upon approval of the Reuse Water Service On-Site Facilities, the Applicant must execute a standard Reuse Water Service Agreement with the City to receive Reuse Water Service.

b. The Reuse Water Service Agreement shall incorporate the requirements of this subsection 3.05.15., Chapter 210 of the TAC and other terms and conditions prescribed by the City.

c. Prior to delivery of Reuse Water, the Applicant must sign the Reuse Water Service Agreement acknowledging that the Applicant, as the User, is now responsible for On-Site Facilities and related activities; that the User shall comply with all the applicable laws and regulations, including but not limited to Chapter 210 of the TAC; and shall agree to hold the City harmless from any and all claims related to the Reuse Water and the operation and maintenance of the On-Site Facilities and related activities.

7. Discontinuance of Service.

a. The City may discontinue Reuse Water Service if the User:

i. Violates the terms of the Reuse Water Service Agreement or this subsection 3.05.15.;

ii. Fails to pay any and all fees assessed on the User's water bill;

iii. Tampers with any facilities related to the service, including the meter;

iv. Cross-connects the Reuse Water system with a potable water source;

v. Refuses to permit an authorized City representative to enter the premises to inspect the User's Reuse Water system; or

vi. Performs an act that the City Engineer determines may be detrimental to the water, wastewater, or Reuse Water system or the health and safety of the public.

b. A User shall pay for the Reuse Water provided by the City until the Reuse Water Service is properly disconnected.

c. A User may not reconnect a disconnected service without the City Engineer's approval.

d. If a User reconnects a disconnected service without the City Engineer's approval, the Water Department may remove the service and charge an additional fee.

e. A User may apply for reinstatement of service after paying all fees or charges assessed.

f. The City Engineer shall charge a fee for reinstatement of Reuse Water Service.

8. City's Responsibilities.

a. The City and its authorized agents, employees, or contractors are responsible for the operation, management, and control of the Off-Site Facilities and the oversight of Reuse Water.

b. The City shall:

i. Obtain necessary TCEQ authorizations for the offsite use of Reuse Water under Chapter 210 of the TAC;

ii. Conduct Reuse Water quality assessments; and

iii. Have the right to take any action at such times that it deems necessary to safeguard the public health and safety.

9. User's Responsibilities. A User shall:

a. Be responsible for constructing an on-site service line to an established Point of Connection;

b. Provide supervision of On-Site Facilities to ensure compliance with this subsection 3.05.15. and backflow prevention procedures;

c. Provide access to On-Site Facilities at reasonable times for inspections by the City;

d. Train all On-Site Facilities operations personnel consistent with the worker training and safety plan approved by the TCEQ, pursuant to Chapter 210.4(a)(4)(F) of the TAC, as it may be amended; and

e. Conduct all operations related to Reuse Water Service in compliance with this subsection 3.05.15.

10. Use of Reuse Water.

a. Reuse Water may be used only for the following purposes:

i. Landscape irrigation;

ii. Non-food processing industrial processes;

iii. Nonresidential toilet and urinal flushing;

iv. Construction activities;

v. Vehicle washing;

vi. Gas drilling activity;

vii. Air conditioning cooling towers; and

viii. Other lawful uses as authorized by the City Engineer.

b. A User may use Reuse Water only in locations and for uses as designated and approved in the User's executed Reuse Water Service Agreement.

c. Each User of Reuse Water or action related to Reuse Water must comply with Chapter 210 of the TAC and these provisions of this subsection 3.05.15.

d. Reuse Water Service Agreement are non-transferrable to subsequent property owners or Users. Each User must enter into a Reuse Water Service Agreement for the provision of Reuse Water.

e. Reuse Water used for cooling or processing must be discharged to a sanitary sewer, in compliance with all applicable permits and laws governing such discharges, or obtain written approval from the City Engineer for any other proposed use, disposal or discharge of such water.

11. Annual Inspection; Right of Inspection of Reuse Water System On-Site Facilities.

a. The User shall conduct an annual inspection of the On-Site Facilities, either through the City Water Department or through the use of a City-approved third party contractor.

b. Additionally, the City Engineer may inspect devices installed by the User to control the flow of Reuse Water and may remove, or secure such devices if installed in violation of this subsection 3.05.15. or any term of the Reuse Water Service Agreement.

c. City Engineer may inspect any Off-Site Facilities or On-Site Facilities, as well as use areas and adjoining property belonging to the User and shall be granted access, without prior notice to the User during normal business hours. If access is needed by the City Engineer during non-business hours, the User shall allow access at a reasonable time upon a prior request by the City Engineer.

d. The User and his/her operators shall cooperate with the City and its authorized representatives and assist in performing inspections and operational tests.

e. Any modifications to the User's On-Site Facilities must meet all criteria in this subsection 3.05.15. and is subject to inspection.

12. 

Figure 59. Identification of Non-Potable Water

DO NOT DRINK THE WATER

NO TOMAR EL AGUA

Identification of Reuse Water On-Site Facilities. All hose bibs and faucets shall be painted purple and designed to prevent connection to a standard water hose. Hose bibs shall be located in locked, below grade vaults that shall be clearly labeled as being of non-potable quality. As an alternative to the use of locked, below grade vaults with standard hose bib services, hose bibs may be placed in a non-lockable service box that can only be operated by a special tool so long as the hose bib is clearly labeled as non-potable water.

A User must identify Reuse Water On-Site Facilities with signs having a minimum size of eight (8) inches by eight (8) inches posted at all storage areas and on all hose bibs and faucets, in both English and Spanish, the words "Reuse Water, Do Not Drink" or a similar warning in accordance with Chapter 210.25 of Title 30 of the TAC.

All exposed piping and piping within a building shall be either purple pipe or paned purple. All buried pipe shall be one of the following: manufactured in purple, painted purple, taped with purple metallic tape, or bagged in purple. All exposed piping should be stenciled in white with a warning reading "NON-POTABLE WATER."

13. Maintenance of Reuse Water Service Pipes. All persons using Reuse Water shall keep their On-Site Facilities in good repair, so as to prevent leakage. Maintenance is the owner's responsibility. All on-site transportation, holding and distribution facilities for Reuse Water shall comply with the standards of Chapter 210 of the TAC.

14. Violations and Prohibited Uses.

a. A person commits an offense if a person:

i. Uses Reuse Water for purpose not approved by this subsection 3.05.15. or authorized in the Reuse Water Service Agreement;

ii. Uses or applies Reuse Water for any purpose, including Approved Uses, by direct application or by windblown spray, to an area other than the Approved Use Area;

iii. Uses hose bibs or faucets on a Reuse Water system unless they are designed and installed to prevent connection to a standard water hose, as defined in Chapter 210.25 of the TAC;

iv. Allows any obstruction to impede access to meter boxes or other On-Site Facilities or Off-Site Facilities;

v. Gives, sells, trades, or transfers Reuse Water to another area without prior written approval of the City Engineer;

vi. Discharges airborne or surface Reuse Water from the User's property, other than to a wastewater treatment system or wastewater collection system, without notifying the City of its permit granted by TCEQ and authorizing the discharge;

vii. Interrupts Reuse Water Service in a portion of the City's system without the prior written approval of the City Engineer;

viii. Stores or applies Reuse Water in such a way as to cause runoff or ponding. If such conditions occur, in addition to any other corrective action taken or required by law, the User shall immediately alter its method of application to prevent any further runoff or ponding;

ix. Tampers with, works on, or in any way alters or damages any part of the City's Reuse Water system. Tampering or work shall include, but is not limited to, opening or closing of valves, or causing of any Reuse Water to flow from the system;

x. Cuts into or makes any improper connection with the system;

xi. Causes or allows their Reuse Water system to have any Cross Connections (between two or more water supplies), any illegal connections or tie-ins, or any discharge of Reuse Water into the public wastewater system;

xii. Takes or uses Reuse Water without payment; or

xiii. Removes or defaces any warnings, labels, or signs pertaining to Reuse Water use.

15. Rates and Charges.

a. The City Council shall adopt a schedule of fees for reimbursement of costs of the following:

i. Retail rate;

ii. Permitting;

iii. Inspecting:

iv. Application fee;

v. Reuse water volume charge;

vi. Tap fee;

vii. Meter charges;

viii. Engineering or other professional services or inspection fees;

ix. Reuse water front footage charges;

x. Reuse water main capacity charge;

xi. Reconnection fee; and

xii. Service reinstatement fee.

b. The Fee Schedule may be amended from time-to-time as the City Council deems reasonably necessary.

16. Inaccurate Meter Readings. Should any meter fail to register correctly the amount of Reuse Water used by a User since the previous reading, the right shall exist on the part of the Water Department to charge for Reuse Water Service on the basis of the previous three (3) month average.

17. Billing. Bills for Reuse Water Service shall become due and payable to the City.

18. No Grant or Transfer of Water Right or Ownership Interest. The delivery of Reuse Water by the City and the acceptance and use of the Reuse Water by the User is not a transfer or an acquisition by the User of a water right or an ownership interest in any of the Off-Site Facilities.

(Ordinance 2017-13 adopted 10/2/2017)

3.05.16 Miscellaneous.

A. Underground Utilities.

1. All distribution lines, cables, etc. for utilities shall be installed below ground within the Subdivision to eliminate the necessity for disturbing the street, curb and gutter, sidewalk and other services and structures when making connections.

a. When a new subdivision is developed in an area with existing above ground utility lines, the Developer shall be responsible for locating the lines within the subdivision and along its perimeter underground.

b. Transmission lines or major cables to provide utilities such as electric, telephone, and cable television to the area as a whole may be located above ground on the perimeter of the Subdivision being served, subject to Director of Planning discretion.

c. The installation of these utilities shall conform to commonly accepted construction standards and be subject to review by the City Engineer.

2. The Developer shall provide separate service lines for water and wastewater to each lot or point of metering.

3. The Developer shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service to and within the addition and for any costs or refunds of such cost.

4. All Plats and Site Plans for residential and multi-family developments shall require all internal telephone lines, cable television lines, electric lines, and utility lateral and services lines and wires to be placed underground except as otherwise herein provided.

a. In special or unique circumstances or to avoid undue hardships, a Subdivision Waiver may be approved by the City Engineer to permit the construction and maintenance of overhead electric utility lateral or services lines and of overhead telephone and cable TV lines and may approve any Plat or Site Plan with such approved variances, waivers, or exceptions.

b. All Final Plats for residential and multi-family Subdivisions submitted for approval by the City must display signature approval by utility companies prior to submittal.

i. All multi-family Site Plans must display signature approval by utility companies before any building permits are issued.

ii. No Final Plat or Site Plan shall be approved and no building permit will be issued without such approval.

c. Where electrical service is to be placed underground, street or site facilities shall also be placed underground.

d. All electrical, cable television, and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in Subdivisions shall be pad mounted or placed underground.

e. Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities.

i. Each utility whose facilities are subject to the provisions of this UDC shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.

f. Unless specifically stated otherwise, temporary construction service may be provided by overhead utility lines and facilities without obtaining a waiver.

5. All installations regulated by the provisions set forth herein shall be in conformance with the intent of this ordinance and shall conform to any regulations or specifications that the various public utility companies may have in force from time to time.

6. Nothing in this ordinance shall be construed to require any existing facilities to be placed underground when no development is proposed.

B. Company Notification to City. All utility companies will notify the City, in writing, at least forty-eight (48) hours before digging, boring, drilling, etc.

C. Street Lighting and Related Features.

1. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook.

2. Round tapered standards with bracket arms shall be used and lighting levels, as recommended, shall be provided for very light traffic in residential areas, medium traffic on Collector Streets, and heavy traffic on Arterial Streets.

3. In no instance shall the spacing between street lights exceed six hundred (600) feet.

4. Cost of installation of street lighting shall be borne by the Developer.

5. Street lights must meet the Pedernales Electric Cooperative standards for maintenance.

6. The City may establish a standard specification for all aspects of the street light structure within a separate technical manual.

7. Installation of street lights, typically decorative in nature, that exceed the specification requires a written and recorded agreement with the HOA establishing the means of long-term maintenance and replacement. All bases must be compatible with the City's standard pole design.

8. The City may choose to exceed its own standard specification at its discretion for special programs and districts (such as historic districts and similar) for street lights, decorative street signs, and decorative traffic control devices.

(Ordinance 2017-13 adopted 10/2/2017)