(a) The
subdivider shall furnish, install and/or construct the water and sewerage
systems and the street and drainage facilities necessary for the proper
development of the subdivision. All such facilities shall be designed
and constructed in accordance with the design provisions contained
in this chapter, and other standards, specifications, and drawings
as may be adopted by the city council.
(b) Where
shown on the master plan, or considered necessary by the city council
in order to protect the public health, safety or welfare, public facilities
shall be sized in excess of that dictated by the design criteria to
provide for future growth and expansion. The city council shall establish
policies whereby the city will participate in the construction of
such oversized facilities or reimburse the subdivider for the costs
of such oversized facilities.
(c) Land
proposed to be subdivided must be served adequately by essential public
facilities and services, including water and wastewater facilities,
roadway and pedestrian facilities, drainage facilities and park facilities.
An application for a plat or development may be denied unless adequate
public facilities necessary to support and serve the development exist
or provision has been made for the facilities, whether the facilities
are to be located within the property being platted or offsite.
(d) It
is necessary and desirable to provide for dedication of rights-of-way
and easements for public works improvements to support new development
at the earliest stage of the development process.
(e) The
city desires to assure both that impacts of new development are mitigated
through contributions of rights-of-way, easements and construction
of capital improvements, and that a new development be required to
contribute not more than its proportionate share of such costs.
(f) Proposed
public works improvements serving new development shall conform to
and be properly related to the public facilities elements of the city=s
adopted master plan, other adopted master plans for public facilities
and services, and applicable capital improvements plans, and shall
meet the service levels specified in such plans.
[Ord. No. 819-97, § 1(I), 6-10-1997; Ord. No. 1063-06, § 12, 8-22-2006]
(a) The
standards established in this ordinance for dedication and construction
of public works improvements and infrastructure are based upon engineering
studies and historical usages and demands by different categories
of development. These regulations identify certain minimum requirements
and sizes for utilities, roadways, parks and other facilities that
the city council has determined 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 assure the quality of life currently
enjoyed by the citizens of Richland Hills. It is the intent of these
regulations that no development occur until and unless these minimum
levels of service are met. Therefore, each subdivision in the city
shall be required to dedicate, construct and/or upgrade required facilities
and infrastructure to a capacity that meets these minimum levels.
(b) For
each category of public infrastructure, a minimum standard of infrastructure,
and in some cases, service level, has been developed based upon historic
studies and construction projects of the city and other cities. These
minimum standards take into consideration the soil conditions and
topographic configuration of the city, the use and impact analyses
of the North Central Texas council of Governments in developing standard
specifications for public works installation, and other historical
use and performance experiences of the city that reflect the minimum
level of facilities and services that must be built to meet the health,
safety and welfare of the citizens of Richland Hills.
(c) In
order to maintain prescribed levels of public facilities and services
for the health, safety and general welfare of its citizens, the city
may require the dedication of easements and rights-of-way for or construction
of on-site or off-site public works improvements for water, wastewater,
road, drainage or park facilities to serve a proposed subdivision,
or require the payment of fees in lieu thereof. If adequate levels
of public facilities and services cannot be provided concurrent with
the schedule of development proposed, the city may deny the subdivision
until the public facilities and services can be provided, or require
that the development be phased so that the availability and delivery
of facilities and services coincides with the demands for the facilities
created by the development.
(d) Whenever
the city council determines that levels of service in excess of these
minimum standards are necessary in order to promote the orderly development
of the city, the owner shall qualify for reimbursement for any costs
in excess of the minimum levels of service through city participation,
to the extent funds are available by a pro rata reimbursement policy
or other means adopted by the city.
(e) The city council may grant a waiver in accordance with section
74-4 where specific topographic or other conditions make a waiver from these standards necessary in order to achieve the best overall design.
(f) There
is hereby adopted by reference and made a part of this chapter design
standards and specifications which shall control the design, construction
and installation of street paving, curbs and gutters, sidewalks, utilities
and other public improvements required in this chapter. All references
to city design standards and specifications shall mean and include
those standards and specifications, together with all exhibits, charts,
drawings and diagrams appertaining thereto, which have been approved
by the officials having jurisdiction and placed on file in the offices
of such officials. Provisions not stated in this chapter will be regulated
by the North Central Texas Council of Government Standard Specifications
for Public Works Construction.
[Ord. No. 819-97, § 11(A), 6-10-1997; Ord. No. 1063-06, § 13, 8-22-2006]
Any land which, in its natural state, is subject to a 100-year
flood or which cannot be properly drained shall not be subdivided,
resubdivided or developed until receipt of evidence that the construction
of specific improvements proposed by the subdivider can be expected
to yield a usable building site. Thereafter the planning and zoning
commission and city council may approve plats. However, construction
upon such land shall be prohibited until the specific improvements
have been planned and construction guaranteed.
[Ord. No. 819-97, § 11(G), 6-10-1997]
Providing adequate sites for recreation, parks, open space,
school sites, and other community facilities is a public necessity
in an urban area. The acquisition and improvement of these sites in
step with private development of the area served by them is of mutual
benefit to the subdivider and to the public. Therefore when advised
during the preapplication conference that the parks and recreation
open space master plan and/or comprehensive land use plan shows a
need for such facilities either partially or totally within the proposed
development area, the subdivider shall include in his preliminary
plat design sites for such purposes.
[Ord. No. 819-97, § 11(H), 6-10-1997]
(a) All
proposed unified residential developments, also referred to as planned
unit developments, shall comply with the provisions relating thereto
and contained within the comprehensive zoning ordinance. All streets
not dedicated to the public shall be paved to street design standards
adopted by the city and shall be maintained by means of a homeowner's
association, or other means as approved by the city council.
(b) Any
request to dedicate a private street as a public street shall be approved
only if arrangements are made to bring the street into conformity
with all city standards and regulations in effect at the time of dedication
at the cost of affected property owners.
(c) All
private streets that intersect with public streets shall be constructed
with standard drive type approaches. In such cases where an unusual
condition exists, the city engineer may approve standard intersection
approaches if the approval is requested prior to the preparation of
the plans. Private streets will be named and shown on the plat. Private
streets shall be indicated as such on the plat. Street signs for such
private streets shall be erected and maintained by the homeowner's
association.
[Ord. No. 819-97, § 11(I), 6-10-1997]
(a) All
lots to be platted shall be connected to a public water system which
has capacity to provide water for domestic use and emergency purposes,
including adequate fire protection. The city engineer shall be responsible
for determining the approved means of water pressure and treatment.
The city may require the phasing of development and/or improvements
in order to maintain adequate water capacity.
(b) All
lots to be platted shall be served by an approved means of wastewater
collection and treatment. The city engineer shall be responsible for
determining the approved means of wastewater collection and treatment.
The city may require the phasing of development and/or improvements
in order to maintain adequate wastewater capacity.
(c) Proposed
roads shall provide a safe, convenient and functional system for vehicular,
bicycle and pedestrian circulation and shall be properly related to
the applicable thoroughfare plan and any amendments thereto, and shall
be appropriate for the particular traffic characteristics of each
proposed subdivision or development. New subdivisions shall be supported
by a thoroughfare network having adequate capacity, and safe and efficient
traffic circulation. Each development shall have adequate access to
the thoroughfare network.
(d) Drainage
improvements serving new development shall be designed to prevent
overloading the capacity of the downstream drainage system. The city
may require the phasing of development, the use of control methods
such as retention or detention, the construction of off-site drainage
improvements, or drainage impact fees in order to mitigate the impacts
of the proposed subdivision.
[Ord. No. 1063-06, § 14, 8-22-2006]
(a) The
city shall require an initial demonstration that a proposed subdivision
shall be adequately served by public facilities and services at the
time for approval of the first development application that portrays
a specific plan of development, including but not limited to a petition
for establishing a planned development zoning district, or other overlay
zoning district; or a developer's agreement; or an application for
a preliminary or final plat.
(b) The
obligation to dedicate rights-of-way for or to construct one or more
public works improvements to serve a new subdivision may be deferred
until approval of a subsequent phase of the subdivision, at the sole
discretion of the city engineer, upon written request of the property
owner, or at the city's own initiative. As a condition of deferring
the obligation, the city may require that the subdivider include provisions
in the developer's agreement, specifying the time for dedication of
rights-of-way for or construction of public works improvements serving
the subdivision.
[Ord. No. 1063-06, § 15, 8-22-2006]