(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.
(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)