(a) 
The arrangement, character, extent, width, grade and location of all streets shall conform to the City thoroughfare plan, and shall be considered in their relation to existing and planned streets or driveways, whether within the City or within its ETJ, or within adjacent municipal or County areas, to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such are required by the City in the public interest. All streets shall be constructed in accordance with this Ordinance.
(b) 
Proposed streets shall provide a safe, convenient and functional system for vehicular and pedestrian circulation, shall be properly related to the thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. All streets shall be open and unobstructed at all times.
(c) 
Adequacy of Streets and Thoroughfares.
(1) 
Responsibility for Adequacy of Streets and Thoroughfares.
The applicant shall assure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the City’s cost participation policies on oversized facilities.
(2) 
General Adequacy Policy.
Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development.
(3) 
Road Network.
New subdivisions shall be supported by a road network having adequate capacity, and safe and efficient traffic circulation.
(4) 
Approach Roads and Access.
All subdivisions must have at least two (2) points of vehicular access, primarily for emergency vehicles, and must be connected to the City’s improved thoroughfare and street system by one or more approach roads of such dimensions and improved to such standards as are hereinafter set forth.
(A) 
“Two (2) points of vehicular access” shall be construed to mean that the subdivision has at least two (2) roads accessing the subdivision from the City’s improved thoroughfare system, and the subdivision has at least two road entrances. The City Council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median-divided entrance from the City’s improved thoroughfare system provided that the median extends into the subdivision for an unbroken length of at least two hundred feet (200') to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision.
(B) 
The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated street as required by applicable zoning, unless other provisions have been authorized through planned development approval.
(5) 
Street Dedications.
(A) 
Dedication of Right-of-Way.
The applicant shall provide all rights-of-way required for existing or future streets, and for all required street improvements, as shown in the thoroughfare plan or other valid development plans approved by City Council. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided. However, in some instances more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City Council.
(B) 
Perimeter Streets.
Where an existing half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the subdivision or addition.
(6) 
Street Construction.
All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the thoroughfare plan and this Ordinance, and in accordance with other City standards as may be from time to time adopted.
(7) 
Intersection Improvements and Traffic-Control Devices.
Intersection improvements and traffic-control devices shall be installed as warranted in accordance with the traffic impact analysis. Construction and design standards shall be in accordance with City standards.
(8) 
Phased Development.
Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements intended to serve each proposed phase of the subdivision. The City Council shall determine whether the proposed streets and street improvements are adequate, and may require that a traffic impact analysis be submitted for the entire project or such phases as the City Council determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares.
(9) 
[Reserved.]
(10) 
Private Streets.
Subdivisions having private streets may be established only under the terms set forth in this Section, and pursuant to any other ordinances or guidelines for private street developments as may be adopted for use by the City either as part of this Ordinance or as separate ordinances or policies. All private streets shall be designed and constructed in accordance with the City’s standards for publicly dedicated streets. The term “private street” shall be inclusive of alleys, if such are to be provided within the subdivision.
(A) 
Private Streets: Subdivision Eligibility Criteria.
Private streets shall be permitted only within a subdivision satisfying each of the following criteria:
(i) 
The streets to be restricted to private use are not intended for regional or local through traffic circulation;
(ii) 
The subdivision is located in an area that is surrounded on at least two (2) sides, meaning at least fifty percent (50%) of the perimeter, by natural barriers, such as creeks, floodplains, steep topological slopes, geologic formations or wildlife preserves, or by similar barriers created by man, such as a golf course or linear park. Non-qualifying barriers include screening walls, roadways, manmade drainage ditches or berms, utility easements and rights-of-way;
(iii) 
The subdivision is not located adjacent to an existing or approved public street subdivision that can be reasonably connected, even though the street connection would require construction of a bridge or culvert. In that instance, the two subdivisions shall be connected as public street subdivisions unless the bridge or culvert would be so expensive as to be impractical or unfeasible;
(iv) 
A mandatory property owners or homeowners association, which includes all property to be served by the private streets, will be formed; and
(v) 
The subdivision conforms to any other special guidelines for private street developments as may be approved separately by the City Council.
(B) 
Private Streets: Certain Streets Excluded.
Roads or streets that are shown on the City thoroughfare plan, such as highways, major or minor thoroughfares or arterials, or collectors, shall not be used, maintained or constructed as private streets, and a private street subdivision shall not cross or interfere with an existing or future collector or arterial street. Also, the commission and City Council may deny the creation of any private street if, in their sole judgment, the private street would negatively affect traffic circulation on public streets, or if it would impair access to the subject or adjacent property; impair access to or from public facilities including schools or parks; or if it would cause possible delays in the response time of emergency vehicles.
(C) 
Private Streets: Access Onto Public Thoroughfare.
A private street subdivision shall provide a minimum of eighty feet (80') of access frontage on a public collector or arterial street for subdivision entrances in order to accommodate a median-divided entrance with appropriate vehicle stacking, queuing and turnaround area. Primary access into a private street subdivision shall be from a major collector, which has a minimum right-of-way of eighty feet (80'), or from a larger roadway, as shown on the City thoroughfare plan. Restricted access entrances shall not be allowed from residential collector streets, minor residential or local streets, or from alleys or private driveways or parking lots. No more than two (2) gated street entrances may intersect a thoroughfare within any one (1) mile segment.
(D) 
Private Streets: Parks, Greenbelts and Wildlife Preserves Excluded.
A private street subdivision shall not cross or interfere with public access to or enjoyment of an existing or future public pedestrian pathway, hike and bike trail, greenbelt, park or wildlife preserve as shown on the City’s parks and open space master plan or as already dedicated for public use.
(E) 
Private Streets: Property Owners or Homeowners Association Required.
Subdivisions developed with private streets shall have a mandatory property owners association which includes all property and lots served by the private streets. The association shall own and be responsible for the maintenance of private streets and appurtenances. The documents shall be filed of record with the Lynn County Clerk prior to final plat approval in order to ensure that there is an entity in place for long-term maintenance of private streets and appurtenances. The association may not be dissolved without the prior written consent of the City Council. No portion of the association documents pertaining to the maintenance of private streets and alleys, and assessments therefore, may be amended without the written consent of the City Council. The City will not assist in enforcing deed restrictions.
(F) 
Private Streets: Private Street Lot.
Private streets must be constructed within a separate lot owned by the property owners association. This lot must conform to the City’s standards for public street rights-of-way. An easement covering the street lot shall be granted to the City providing unrestricted access to and use of the property for any purpose deemed necessary by the City. This right shall also extend to all utility providers operating within the City and to other necessary governmental service providers, such as the U.S. Postal Service. The easement shall also permit the City to remove any vehicle or obstacle within the street lot that may impair emergency access.
(G) 
Private Streets: Construction and Maintenance Cost.
The City shall not pay for any portion of the cost of constructing or maintaining a private street.
(H) 
Private Streets: Infrastructure and Utilities.
Any public water, sewer and drainage facilities, streetlights, and traffic-control devices, such as traffic signs, placed within the private street lot shall be designed and constructed to City standards. All private traffic-control devices and regulatory signs shall conform to the “Texas Manual of Uniform Traffic-Control Devices,” as amended, and to City standards. The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served, not grouped together in a centralized location(s). “Gang-box” style metering stations shall not be permitted.
(I) 
Private Streets: Plans and Inspections.
Development applications for subdivisions with private streets must include the same plans and engineering information required for public streets and utilities. City requirements pertaining to inspection and approval of improvements shall apply, and fees charged for these services shall also apply. The City may periodically inspect private streets, and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.
(J) 
Private Streets: Restricted Access.
The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained by the City. Guard houses, access control gates, and cross arms, if used, shall be constructed per subsection (K) below. All restricted access entrances must be manned twenty-four (24) hours every day, or they must provide a reliable, alternative means of ensuring City and emergency access to the subdivision, and other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the subdivision shall be approved by the City Council and by all applicable emergency services providers prior to engineering release for construction of the development. If the association fails to maintain reliable access as required herein, the City may enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association.
(K) 
Private Streets: Access Restricted Entrance Design Standards.
Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of twenty-two feet (22') at the location of the gate or access control device, both ingress point and egress point, regardless of the type of device used. If an overhead, or lift-up, barrier is used, it must be a minimum of fourteen feet (14') in height above the road surface, and this clearance height shall be extended for a minimum distance of fifty feet (50') in front of and behind the location of the device. All gates and cross arms must be of a break-away design. A minimum vehicle stacking distance of one hundred feet (100') shall be provided from the right-of-way line of the public road from which the private street subdivision is accessed to the first vehicle stopping point, which is usually an access request keypad or telephone or a guard’s window. Adequate distance shall be provided between the access request point(s) and the entry barrier, or gate, to accommodate a vehicle turnaround as described below.
A paved turnaround space must be located in front of any restricted access entrance barrier, between the access request device and the barrier or gate, to allow vehicles that are denied access to safely exit onto public streets without having to back up, particularly into the public street upon which the entrance is located. The design and geometry of such turnaround shall be of such pavement width and having such inside turning radius that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:
(i) 
Larger passenger vehicles, such as vans and pick-up trucks;
(ii) 
Passenger vehicles with short trailers up to twenty-four feet (24') in length, such as small flatbed, camping or box-type trailers; and
(iii) 
The types of service and utility trucks that typically visit or make deliveries to neighborhoods that are similar to the proposed private street development, such as utility service vehicles, postal or UPS delivery trucks, and two- to three-axle flatbed or box-type trucks used by contractors and moving companies.
The City administrator, the commission, or the City Council may require submission of additional drawings, plans or exhibits demonstrating that the proposed turnaround will work properly, and that vehicle turnaround movements will not compromise public safety on the entry roadway or on the adjacent public street(s).
A site plan showing the design and location of all proposed access restricted entrances shall be submitted for review by the City administrator and the City engineer along with the engineering plans for the subdivision, and must be approved by the City Council along with approval of the preliminary plat.
(L) 
Private Streets: Waiver of Services.
The subdivision final plat, property deeds and property owners association documents shall note that certain City services shall not be provided for private street subdivisions. Among the services which will not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports.
(M) 
Private Streets: Petition to Convert to Public Streets.
The property owners association documents shall allow the association to petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the City’s acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association’s or the lot owners’ expense, the removal of any guard houses, access-control devices, landscaping or other aesthetic amenities located within the street lot or within any other common area.
(N) 
Private Streets: Hold Harmless.
On the subdivision final plat shall be language whereby the property owners association, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury, including death, arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity.
(d) 
Escrow Policies and Procedures.
(1) 
Request for Escrow.
Whenever this Ordinance requires a property owner to construct a street or thoroughfare, or other type of public improvement, the applicant may, if unusual circumstances exist, such as a timing issue due to pending roadway improvements by another agency such as TxDOT, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a traffic impact analysis, the City administrator may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved, and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner’s obligation to construct the street or thoroughfare with his or her development. A traffic impact analysis may be required to facilitate the City Council’s deliberations on the matter.
(2) 
Escrow Deposit With the City.
Whenever the City Council agrees to accept escrow deposits in lieu of construction by the owner of the property under this Ordinance, the applicant shall deposit in escrow with the City an amount equal to his or her share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate and realistic inflation factor to ensure that the actual “future dollar” costs will be covered when actual construction occurs in the future. Such amount shall be paid prior to release of engineering plans by the City engineer.
(3) 
Determination of Escrow Amount.
The amount of the escrow shall be determined by using the maximum comparable “turnkey” bid price of construction of the improvements, including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed. Such determination of the escrow amount shall be made as of the time the escrow is due hereunder.
(4) 
Termination of Escrow.
Escrows which have been placed with the City under this section and which have been held for a period of ten (10) years from the date of such payment or agreement, in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the applicant, with accrued interest. Such return does not remove any obligations of the applicant for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.
(5) 
Refund.
If any street or highway for which escrow is deposited is constructed by a party other than the City, or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the applicant or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the applicant’s actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.
(6) 
Interest Limitation.
If money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued, calculated at one percent (1%) less than the rate of actual earnings.
(e) 
Traffic Impact Analysis.
Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City thoroughfare plan must be preceded by submission and approval of a traffic impact analysis as specified in subsection (f) below. Failure to provide for such approval prior to submission of a preliminary plat, or concurrently with the preliminary plat application, shall be grounds for denial of the plat application.
(f) 
Required Components of Traffic Impact Analysis.
Whenever this Ordinance requires submission of a traffic impact analysis the following elements shall be included:
(1) 
General Site Description.
The traffic impact analysis shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated stages of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items: (A) all major intersections; (B) all proposed and existing ingress and egress locations; (C) all existing roadway widths and rights-of-way; (D) all existing traffic signals and traffic-control devices; and (E) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site.
(2) 
Proposed Capital Improvements.
The traffic impact analysis shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development.
(3) 
Roadway Impact Analysis.
(A) 
Transportation Impacts:
(i) 
Trip Generation.
The average weekday trip generation rates (trip ends), the average weekend trip generation rates, for uses other than residential or institutional, the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates, for uses other than residential or institutional, for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers, Trip Generation Manual; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City administrator and the City engineer.
(ii) 
Trip Distribution.
The distribution of trips to arterial and collector roadways within the study area shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments, if applicable; the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions.
(B) 
Adequacy Determination.
The roadway network included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at a level of service “C” or above, as described in the comprehensive plan.
(4) 
Intersection Analysis.
(A) 
Level of Service Analysis.
For intersections within the roadway traffic impact analysis area, a level of service analysis shall be performed for all arterial to arterial, arterial to collector, and collector to collector intersections, and for any other pertinent intersections identified the City administrator. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage and typical size of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.
(B) 
Adequacy Analysis.
The intersections included within the traffic impact analysis shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired building permits at level of service “C” or above.
(5) 
Effect of Adequacy Determination.
If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area that would cause the roadway to fall below the level of service required herein, the proposed development shall be denied unless the developer agrees to one of the following conditions:
(A) 
The deferral of building permits until the improvements necessary to upgrade the substandard facilities are constructed;
(B) 
A reduction in the density or intensity of development;
(C) 
The dedication or construction of facilities needed to achieve the level of service required herein; or
(D) 
Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development.
(g) 
Arrangement of Streets Not Shown on the Thoroughfare Plan.
For streets that are not shown on the City thoroughfare plan, such as local residential streets, the arrangement of such streets within a subdivision shall:
(1) 
Provide for the continuation or appropriate projection of existing streets from or into surrounding areas;
(2) 
Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;
(3) 
Provide for future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and
(4) 
Not conflict in any way with existing or proposed driveway openings.
(h) 
Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged.
(i) 
Where a subdivision abuts or contains an existing or proposed arterial street, the City Council may require marginal access streets, reverse frontage lots, which back onto the arterial, deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(j) 
Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed by the City under conditions approved by the City Council.
(k) 
Intersecting, undivided streets with centerline offsets of less than one hundred and fifty feet (150') shall be avoided. Intersecting streets onto an existing or future divided roadway must be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes, with required transition and stacking distances, onto each divided roadway.
(l) 
Major thoroughfare intersections shall be at ninety degree (90°) angles and tangent to the intersecting street for at least fifty feet (50'). Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than eighty degrees (80°).
(m) 
Street right-of-way widths shall be as shown on the thoroughfare plan and as defined by the corresponding roadway cross-sections in the comprehensive plan.
(n) 
Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of this Ordinance and the thoroughfare plan, and where the City Council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. If the applicant is responsible for one-half (1/2) of the street, then the applicant shall either construct the facility along with his or her development or shall provide escrow for the construction cost of his or her share of the facility unless the City participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street’s ultimate planned width.
(o) 
The maximum length of any block or street segment shall be two thousand feet (2,000') and the minimum length of any block or street segment shall be five hundred feet (500'), as measured along the street centerline and between the point(s) of intersection with other through, not dead-end or cul-de-sac, streets.
(p) 
A cul-de-sac street shall not be longer than six hundred feet (600'), and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least eighty feet (80') and a right-of-way diameter of at least one hundred feet (100'). The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac bulb.
(q) 
The commission may recommend, and the City Council may approve, variances for overlength streets or cul-de-sacs, whether temporary or permanent, upon considering the following:
(1) 
Alternative designs which would reduce street or cul-de-sac length;
(2) 
The effect of overlength streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in traveling to and from their homes; and
(3) 
Means of mitigation, including but not limited to additional mid-block street connections, limitation on the number of lots to be served along an overlength street segment or cul-de-sac, temporary or permanent points of emergency access, and additional fire protection measures.
(r) 
Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets on adjacent land. In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than one lot per side can front onto the dead-end street stub unless a temporary turnaround bulb, with an off-site easement, is provided at the end. A temporary dead-end street shall not exceed six hundred feet (600') in length, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in subsection (p) above. A note shall be placed on the final plat clearly labeling any dead-end streets, if any, that will at some point be extended into the adjacent property, and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a twenty-foot distance. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off-site or established by separate instrument.
(s) 
New streets which extend existing streets shall bear the names of the existing streets, and shall be dedicated at equal or greater right-of-way widths than the existing streets.
(t) 
Construction of New Streets.
All new streets dedicated within a subdivision shall be constructed in accordance with paving widths and specifications as set forth by the City at the time at which the preliminary plat application is officially submitted and deemed a complete application.
(u) 
Points of Access.
All subdivisions shall have at least two (2) points of access from improved public roadways. All residential developments shall provide not less than one (1) entrance for every fifty (50) lots, or portion thereof, including dead-end stubbed streets that will eventually provide connections into adjacent future developments and thence to an existing arterial or collector street.
(v) 
Streets will be constructed in accordance with the construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application.
(Ordinance adopted 6/14/10)
(a) 
Service alleys in nonresidential districts, if provided or constructed by the applicant, shall be a minimum right-of-way width of twenty-five feet (25') and a pavement width of fifteen feet (15') unless they must serve as fire lanes, which requires a minimum pavement width of twenty-four feet (24'), as dedicated fire lane easements on the final plat.
(b) 
Residential alleys shall be discouraged in the City and its extraterritorial jurisdiction, and shall only be required in instances where a subdivision must connect into existing alleys for the purpose of providing continuity or convenience. If alleys are constructed or required, the following standards shall be met:
(1) 
In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street. Alleys in residential districts shall provide a minimum of fifteen feet (15') of right-of-way and ten feet (10') of pavement.
(c) 
General Design Standards for Alleys.
(1) 
Alleys shall be paved in accordance with the construction standards that are in effect at the time the preliminary plat application is officially submitted and deemed a complete application.
(2) 
Dead-end or “hammerhead” alleys shall not be allowed. Alleys must have adequate turnouts and street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end alley situation is unavoidable, a temporary turnaround bulb or turnout onto a street, either of which will need a temporary easement for street or alley purposes, shall be provided as determined by the City engineer.
(3) 
Alleys may not exceed a maximum length of two thousand feet (2,000'), as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets at the right-of-way line of the street at the alley entrance. The councilmembers may recommend, and the City Council may approve, variances for overlength alleys upon consideration of the following:
(A) 
Alternative designs which would reduce alley length;
(B) 
The effect of overlength alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in accessing rear driveways and in driving around to the front of their homes; and
(C) 
Means of mitigation, including but not limited to additional mid-block alley turnouts, limitation on the number of lots to be served along a single alley segment, temporary points of access, and additional fire protection measures.
(4) 
Alley intersections shall be perpendicular and at a ninety degree (90°) angle, and intersection pavement shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided.
(Ordinance adopted 6/14/10)
(a) 
The minimum width for City utility easements shall be fifteen feet (15'). The minimum width for City drainage easements shall be as required by the City engineer. The width of easements for other utility providers, such as for gas, electric, telephone or cable TV, shall be as required by that particular entity. It shall be the applicant’s responsibility to determine appropriate easement widths required by other utility companies. Wherever possible, easements shall be centered or along front or side lot lines rather than across the interior or rear of lots, particularly where no alleys will be provided behind the lots.
(b) 
Where a subdivision is traversed by a watercourse, drainageway or channel, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with such course and of such additional width as may be designated by the City engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA).
(c) 
A lot’s area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area one-half (1/2) of the required minimum lot size. If the City disputes the buildable area of any lot, the applicant shall submit verification in writing that the buildable area is adequate for the type of housing product or nonresidential building proposed for that lot.
(d) 
Where alleys are not provided in a residential subdivision, a minimum ten foot (10') wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities.
(e) 
For new development, all necessary on-site easements shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity, for which they are being provided.
(Ordinance adopted 6/14/10)
(a) 
The length, width and shapes of blocks shall be determined with due regard to:
(1) 
Provision of adequate building sites suitable to the special needs of the type of use contemplated.
(2) 
Zoning requirements as to lot sizes, setbacks and dimensions.
(3) 
Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site within the neighborhood.
(b) 
Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed two thousand feet (2,000') in length. Where no existing subdivision or topographical constraints control, the blocks shall not be less than five hundred feet (500') in length; however, in cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased, through issuance of a variance by the City Council with plat approval, to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.
(Ordinance adopted 6/14/10)
(a) 
Pedestrian concrete walkways (sidewalks) not less than four feet (4') wide may be required within a residential subdivision, on at least one side of residential and collector streets, and walkways not less than five feet (5') wide shall be provided within all nonresidential developments and along all perimeter roadways, for both residential and nonresidential developments. The commission shall recommend, and the City Council shall determine, if walkways are required at the time of preliminary plat approval. Walkways shall be constructed within the street right-of-way, one foot (1') away from the right-of-way line, and at least four feet (4') away from the street curb, and shall be installed prior to acceptance of the subdivision by the City and prior to final plat approval, unless surety is provided.
(b) 
The cost and provision of any perimeter walkways, such as along major thoroughfares, may be escrowed as a part of a developers agreement, if approved by the City Council. The City has the right, but not the obligation, to refuse escrow and to require paving of the walkways if, in its sole opinion, immediate provision of the walkways is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety or welfare.
(Ordinance adopted 6/14/10)
(a) 
Lots shall conform to the minimum requirements of the established zoning district, except as noted in subsection (g) below.
(b) 
No more than one single-family detached dwelling shall be located on each lot.
(c) 
Each lot shall abut a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this Ordinance. Lot width and access shall conform with the provisions of the zoning ordinance, and any other applicable City code or ordinance. Lot access onto highway, arterial and collector streets is subject to approval by the City Council, which may require a traffic study or other information prior to approval of the preliminary plat in order to fully study all access issues. In all cases, lots shall have a minimum of fifty feet (50') of frontage along a dedicated, improved street.
(d) 
Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district, and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, including access for driveways and solid waste collection when alleys are present.
(e) 
Side lot lines shall be approximately at right, or ninety degree (90°), angles or radial to street right-of-way lines.
(f) 
Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side. Double frontage lots in residential subdivisions will not be allowed without providing appropriate screening.
(Ordinance adopted 6/14/10)
Front and street side building lines and buffer zones for water quality purposes for the purposes of the nonpoint source pollution control ordinance shall be shown on a concept plan and on any type of plat for all lots, and shall be consistent with the zoning ordinance requirements for the district in which the development is located. For property that is not subject to the City’s zoning regulations, the minimum front building line (for a residential or nonresidential lot) shall be forty feet (40’).
(Ordinance adopted 6/14/10)
(a) 
For purposes of this section, the following meanings shall apply:
(1) 
“Utility services” - The facilities of any person providing electric, natural gas, telephone, cable television, or any other such item or service for public use approved but not provided by the City.
(2) 
“Feeder or feeder/lateral line” - High voltage supply electric lines carrying more than 69,000 volts that emanate from substations used to distribute power through an area to an unspecified number of customers.
(3) 
“Lateral lines” - Those electric lines used to distribute power from a feeder line to a single subdivision. These electric lines are normally connected to a feeder line through a sectionalizing device such as a fuse.
(4) 
“Service lines” - Those electric lines used to connect between the utilities’ supply system or lateral lines and the end user’s meter box.
(b) 
All subdivision plats and engineering plans submitted to the City for approval shall provide for utility services such as electrical, gas, telephone and cable TV utility lines, including lateral or service distribution lines, and wires to be placed underground. Feeder and other major transmission lines may remain overhead within the appropriate easements. However, an applicant shall endeavor and, whenever practical, the City shall require that feeder lines are placed away from major or minor thoroughfares or arterials, as shown on the thoroughfare plan. Whenever practical, feeder lines which are to be placed overhead shall not be placed along both sides of the street right-of-way. Verification of acceptance of easement locations and widths by the public utilities shall be provided to the City, by the applicant, prior to final plat approval by the City Council, and all easements shall be reviewed by the utility companies and by the City engineer, for those to the City, prior to granting final approval for any residential subdivision affected by this section. The applicant shall also, prior to final plat approval, provide a Letter of Commitment from each utility provider, such as those providing electricity, gas, telephone and cable television, who will serve the development that said utility providers will ensure the provision of necessary infrastructure and service to all portions of the proposed development within eighteen (18) months following final plat approval. Failure to submit such Letters of Commitment from utility providers shall constitute grounds for denial of the final plat application on the basis that there is no written assurance that the development can be served by essential utility services.
(c) 
Each of the utility companies shall be responsible for developing administrative policies, criteria for easement size, and cost reimbursement procedures for the installation and extension of their underground utilities. Nothing herein shall prohibit or restrict any utility company from recovering the difference in cost of overhead facilities and underground utilities from the property owner in accordance with the provisions of such utility’s approved tariff. No utility company shall be required or permitted to begin construction of underground facilities unless and until the property owner or developer of the subdivision has made arrangements satisfactory to the specific utility company for the payment of such difference between the cost of overhead facilities and underground facilities.
(d) 
All electrical and telephone support equipment, including transformers, amplifiers and switching devices necessary for underground installations, shall be pad- or ground-mounted, or shall be mounted underground and not overhead, unless the subdivision is served from perimeter overhead electrical facilities. Pad- or ground-mounted utility equipment shall be completely screened from view of any public roadway, and shall not be located within any required visibility area, such as at street intersections or corners or at driveway openings.
(e) 
Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or special exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed.
(f) 
Nothing in this section shall be construed to require any existing facilities in place prior to the effective date of this Ordinance to be placed underground.
(g) 
The metering for utilities such as water, gas and electricity shall be located on the individual lots to be served and not grouped together in a centralized location(s). “Gang-box” style metering stations shall not be permitted.
(h) 
The locations, widths and configurations of easements for any utility service provider other than the City shall be determined, approved and acquired, if necessary, by the applicable utility service provider.
(i) 
All utility installations shall be subject to inspection by the City, and shall be in conformance with any applicable City design standards related to their placement within public rights-of-way within easements, or elsewhere in the City (including on private property).
(Ordinance adopted 6/14/10)
(a) 
All new subdivisions shall be connected with the City’s water system, which is capable of providing water for health and emergency purposes, including fire protection. An alternative source of water may be used for irrigation purposes only and for a nonresidential use only (e.g., a public park, public school, etc.), subject to City approval and provided that all appropriate permits are procured from any applicable sources. Such alternative water source may not be used for potable (i.e., drinking) water supply under any circumstances. The design and construction of water system improvements shall comply with the following standards:
(1) 
Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ.
(2) 
Design and construction of a water source from a water utility provider shall be in accordance with the standards in the TCSS Manual, in accordance with the standards of the water utility provider, and in accordance with the TCEQ, whichever is the most stringent requirement.
(3) 
Design and construction of a fire protection system shall be in accordance with the standards in the TCSS Manual, and in accordance with the fire department serving the site.
(b) 
All new subdivisions shall be served by an approved means of wastewater collection and treatment. The design and construction of the wastewater system improvements shall comply with the following standards:
(1) 
Design and construction of on-site waste disposal systems shall comply with the On-Site Sewerage Facility Rules if within the corporate limits, and with the requirements of Lynn County if within the ETJ.
(2) 
Design and construction of a central off-site wastewater collection and treatment system shall be in accordance with the standards of the wastewater utility provider and with the standards of the TCEQ, whichever is the most stringent requirement.
(c) 
The subdivider shall be responsible for:
(1) 
Phasing of development or improvements in order to maintain adequate water and wastewater services;
(2) 
Extensions of utility lines to connect to existing utility service;
(3) 
Providing all necessary easements for the utilities;
(4) 
Providing proof to the City of adequate water and wastewater service;
(5) 
Providing provisions for future expansion of the utilities;
(6) 
Providing all operations and maintenance of the utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities.
(7) 
Providing all fiscal security required for the construction of the utilities;
(8) 
Obtaining approvals from the utility providers; and
(9) 
Complying with all requirements of the utility provider.
(d) 
Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner to allow future connections to said utilities by new subdivision.
(e) 
Installation, operation and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with other applicable state rules and regulations, whichever is the most stringent requirement.
(Ordinance adopted 6/14/10)
(a) 
System Design Requirements.
Drainage improvements shall accommodate runoff from the upstream drainage area, and 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, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No stormwater collection system shall be constructed unless it is designed in accordance with the construction standards by a licensed professional engineer, and unless it is reviewed by the City engineer and approved by the City Council. All plans submitted to the City engineer for approval shall include a layout of the drainage system together with supporting calculations for the design of the system.
(b) 
Each proposed stormwater conveyance improvement must be sufficiently constructed of materials and of a design to resist:
(1) 
External pressure caused by earth or building; and
(2) 
Internal pressure or abrasion caused by water or debris.
(c) 
The proposed improvements will not permit water to gather in a pool that may become stagnant.
(d) 
The proposed development:
(1) 
Will not result in additional identifiable adverse flooding on other property;
(2) 
To the greatest extent feasible, preserves the natural and traditional character of the land and the waterway; and
(3) 
Includes on-site control of the two-year peak flow, based on the overall design.
(e) 
No person shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch or drainageway without first obtaining written permission of the City engineer and any other applicable agency having jurisdiction. The City engineer may, at his or her discretion, require preparation and submission of a FEMA or flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer.
(f) 
In order to help reduce stormwater runoff, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.
(g) 
All stormwater retention or detention facilities which are not located underground shall be designed using materials and techniques as established by the City.
(h) 
The owner or developer of property to be developed is responsible for the conveyance of all stormwater flowing through the property, including stormwater that:
(1) 
Is directed to the property by other developed property; or
(2) 
Naturally flows through the property because of the topography.
(i) 
If the construction or improvement of a storm drainage facility is required along a property line that is common to more than one property owner, the owner proposing to develop the property is, at the time the property is developed, responsible for each required facility on either side of the common property line.
(j) 
The responsibility of the owner proposing to develop the property includes the responsibility to dedicate or obtain the dedication of any right-of-way or easement necessary to accommodate the required construction or improvement of the storm drainage facility.
(k) 
If an owner of property proposes to develop only a portion of that property, a stormwater drainage facility to serve that portion of the property proposed for immediate development or use if [is] required, unless the director determines that construction or improvement of a drainage facility outside that portion of the property to be developed is essential to the development or use of the property to be developed.
(Ordinance adopted 6/14/10)