(a)
Conformance to plans and codes.
(1)
Design and construction of public improvements must conform
to the standards, criteria, and requirements of the Code of Ordinances
and any other town, state, or federal regulations.
(2)
Commercial development with the town's commercial planned
development district (CPDD) shall meet the CPDD's requirements.
(b)
Observation of construction work for public improvements.
(1)
All construction work, such as street grading, street paving,
storm sewers, curb and/or gutter, sanitary sewers, or water mains
performed by the owner, developer, or contractor, shall be subject
to observation during construction by the proper authorities of the
town.
(2)
All construction work, as mentioned above, shall be constructed
in accordance with the specifications approved by the town council
and in accordance with the provisions of "Standard Specifications
For Public Works Construction" prepared by the North Central Texas
Council of Governments, which is on file in the town hall.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Services required.
Land proposed for development
in the town and in the town's extraterritorial jurisdiction (ETJ)
must be served adequately by essential public facilities and services,
including water facilities, wastewater facilities, roadway and pedestrian
facilities, and drainage facilities.
(b)
Approval timing.
Land shall not be approved for
platting or development unless and until adequate public facilities
necessary to serve the development exist, or provision has been made
for those facilities, whether the facilities are to be located within
the property being developed or off-site.
(c)
Rough proportionality and fair share policy statement.
(1)
The town desires that a new development project contribute its
fair and proportional share of the costs of public facilities and
services.
(2)
There is a direct correlation between the increased demand on
public facilities that is created by a new development, and the town's
requirements to dedicate right-of-way and easements and to construct
a fair and proportional share of public improvements that are necessary
to offset those impacts such that new development does not negatively
affect the town as a whole.
(3)
A fair and proportional share is the level or standard of service
that is required to adequately serve a new development.
(4)
Standards relating to the dedication or construction requirements
shall be roughly proportional (see definition proportionality/proportional
share) to the nature and extent of the impacts created by the proposed
development on the town's water, wastewater, storm drainage,
parks, or roadway system.
(d)
Apportionment of town infrastructure cost.
(1)
In agreement with TLGC section 212.904(a):
(A)
If the town requires, including under an agreement
under chapter 242, as a condition of approval for a property development
project that the developer bear a portion of the costs of town infrastructure
improvements by the making of dedications, the payment of fees, or
the payment of construction costs, the developer's portion of
the costs may not exceed the amount required for infrastructure improvements
that are roughly proportionate to the proposed development as approved
by a professional engineer who holds a license issued under chapter
1001, Occupations Code, and is retained by the town.
(2)
In agreement with TLGC section 212.904(b), a developer who disputes the determination made under subsection (d)(1) may appeal to the town council.
(A)
At the appeal, the developer may present evidence
and testimony under procedures adopted by the town council.
(B)
After hearing any testimony and reviewing the evidence,
the town council shall make the applicable determination within thirty
(30) days following the final submission of any testimony or evidence
by the developer.
(3)
In agreement with TLGC section 212.904(c), a developer may appeal
the determination of the town council to a county or district court
of the county in which the development project is located within thirty
(30) days of the final determination by the town council.
(4)
In agreement with TLGC section 212.904(d), the town may not
require a developer to waive the right of appeal authorized by this
section as a condition of approval for a development project.
(5)
In agreement with TLGC section 212.904(e), a developer who prevails
in an appeal under this section is entitled to applicable costs and
reasonable attorney's fees, including expert witness fees.
(6)
In agreement with TLGC section 212.904(f), this section does
not diminish the authority or modify the procedures specified by chapter
395.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Adequate streets.
(1)
The property owner shall ensure that the subdivision is served
by adequate streets and is responsible for the costs of right-of-way
and street improvements, in accordance with the following policies
and standards.
(2)
Additional right-of-way may be required at some street intersections
to accommodate utilities, sidewalks, traffic-control devices and/or
sight distances.
(b)
Street classifications.
|
Category/Lanes
|
ROW
|
|---|---|
|
Arterial
|
100'
|
|
Collector
|
80'
|
|
Local
|
50'
|
|
*
|
Refer to the commercial planned development district (CPDD),
as amended, for design standards for streets located within the CPDD.
|
(c)
General requirements.
(1)
Streets must be designed in coordination with the Code of Ordinances,
transportation plan, design standards and specifications by NCTCOG,
and other applicable plans, existing and proposed streets, the terrain,
streams, and other physical conditions.
(A)
The arrangement of streets must provide for the
continuation of streets between adjacent properties when the continuation
is necessary for the safe and efficient movement of traffic and for
utility efficiency.
(B)
The arrangement, character, extent, pavement width,
right-of-way width, grade, and location of each street shall be considered
in its relationship to the transportation plan, to existing and planned
streets, topographical conditions, public safety and convenience,
and its relationship to the proposed uses of land to be served by
such street.
(2)
Whenever a tract to be subdivided abuts any part of any street
so designated on the transportation plan, or where a street designated
on the transportation plan crosses any part of the tract to be subdivided,
that part of the proposed public street shall be platted, the right-of-way
shall be dedicated, and the street shall be constructed by the developer,
consistent with the location as indicated on the Code of Ordinances,
and the requirements contained within these regulations. The town
may consider accepting a fee in lieu of the developer constructing
a piece of street.
(3)
The reservation in private ownership of strips of land (e.g.,
reserve strips) at the end of proposed or existing streets and intended
solely or primarily for the purpose of controlling access to property
not included in the subdivision shall be prohibited.
(4)
Half streets are prohibited, except where essential to the reasonable
development of the subdivision in conformance with the other requirements
of these regulations, and where the town finds it will be reasonable
to require the dedication of the other half when the adjoining land
is subdivided. The other half of the street shall be platted within
the adjacent tract at the time it is platted.
(5)
Streets shall be named to provide continuity with existing streets.
(6)
Names of new streets shall not duplicate or cause confusion
with the names of existing streets.
(7)
As a minimum, a street must be designated to safely provide
two-way traffic for passenger, delivery, emergency, utility, and maintenance
vehicles, unless otherwise stipulated by the CPDD.
(8)
If the town determines that streets greater than the minimum
standard are required, the town engineer will conduct investigations,
studies, and calculations to determine the infrastructure requirements.
If the developer proposes to construct no greater than the minimum
standard of infrastructure, it will be the responsibility of the applicant
to submit to the town engineering investigations, studies, and calculations
in support of constructing the minimum standard.
(d)
Design and construction.
Design and construction
shall conform to specifications included within these subdivision
ordinance regulations as well as those included within the Code of
Ordinances and design standards and specifications by NCTCOG.
(1)
The arrangement and location of all proposed streets shall conform
to the transportation plan.
(2)
Where streets are not shown on the transportation plan, the
arrangements of streets in a subdivision shall:
(A)
Provide for the continuation or appropriate projection
of existing principal streets in surrounding areas;
(B)
Conform to a plan for the neighborhood approved
or adopted by the town to meet a particular situation where topographical
or other conditions make continuation of or conformance to an existing
street impracticable; and
(C)
Be laid out so that they shall intersect, as nearly
as possible, at right angles.
(3)
Street layout shall provide for continuation of collector streets
in areas between arterial streets.
(4)
Streets should be platted to allow two tiers of lots between
streets when possible.
(5)
Residential streets shall be laid out so that their use by through
traffic shall be discouraged.
(7)
Median openings shall have a minimum offset of at least 125
feet from the centerline of an intersecting street, alley, or driveway.
(8)
Street grades shall conform to specifications included within
the design standards and specifications by NCTCOG.
(9)
Where adjoining areas are not subdivided, the arrangement of
streets in the subdivision shall make provision for the proper projection
of streets into that unsubdivided area.
(10)
To ensure adequate access to each subdivision, there shall be at least two (2) points of ingress and egress, except that cul-de-sacs shall be permitted in conformance with subsection (g) cul-de-sacs and dead-end streets (below).
(A)
The town council may require that more than two
access points be constructed if the configuration, number of lots,
or other consideration creates the need for additional access points.
(B)
A cul-de-sac street utilizing a local street section
may be permitted as the only point of access if the cul-de-sac does
not exceed one thousand two hundred (1,200) feet in length as measured
from the centerline of the intersecting street to the point from which
the radius of the cul-de-sac is measured.
(C)
If a cul-de-sac street length exceeds is six hundred
(600) feet, or longer, as measured above, a median dividing the approach
at the intersecting street, with the final design subject to review
by the fire marshal.
(11)
Collector and local streets shall be extended through the tract
to the tract boundary to provide future connections with adjoining
unplatted lands at intervals necessary to facilitate internal vehicular
circulation with adjoining unplatted lands.
(12)
Alley pavement cuts to single-family uses are not allowed on
arterial streets.
(e)
Street right-of-way dedication and street construction.
(1)
Any subdivider laying out and constructing new streets or whose
subdivision includes any portion of or is adjacent to an existing
street shall dedicate sufficient right-of-way in accordance with the
following conditions:
(A)
New streets.
(i)
New streets shall be provided where there is not
an existing street, roadway, or passage.
(ii)
When a proposed residential or nonresidential
subdivision is developed abutting an existing or planned arterial,
collector, or local street, the developer shall dedicate sufficient
right-of-way within the subdivision.
(iii)
The developer is responsible for constructing
their proportional share of the street (see definition proportionality/proportional
share) and shall construct half the abutting street (also referred
to as a perimeter street) and its appurtenances (such as curbs and
gutters, sidewalks, barrier-free ramps, street trees, etc.) to the
town's design standards for that type of street.
(iv)
If the developer disagrees with the town engineer's decision of rough proportionality (see section 10.02.142(c) rough proportionality and fair share policy statement for reference), then the developer may file a subdivision proportionality appeal (see section 10.02.172 subdivision proportionality appeal).
(B)
Existing streets.
(i)
Cases where existing right-of-way does not meet
minimum town standards:
a.
Where subdivisions are adjacent to existing streets and the right-of-way widths of those existing streets are less than the minimum right-of-way standards found in subsection (a)(2) additional right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic-control devices and/or sight distances.
b.
Street classifications, the developer is required
to dedicate on the plat the right-of-way width required adjacent to
the land being platted to bring the existing street to the right-of-way
width as set out in this subdivision ordinance according to the following:
1.
Both sides of an existing street abut a new subdivision: One hundred (100) percent of the right-of-way necessary to bring the street into conformance with subsection (a)(2) additional right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic-control devices and/or sight distances.
Street classifications for a local or collector street, whichever
is needed to serve the development, when the new subdivision abuts
both sides of the existing street; or
2.
One side of an existing street abuts a new subdivision: Fifty (50) percent of the right-of-way necessary to bring the streets into conformance with subsection (a)(2) additional right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic-control devices and/or sight distances.
Street classifications for a local or collector street, whichever
is needed to serve the development, when the new subdivision abuts
only one side of the existing street.
d.
Street classifications up to five (5) feet.
(ii)
Cases Where additional right-of-way is needed
above the minimum standard: Streets may currently exist by reasons
of plat, metes and bounds description, general description, or by
prescription. If the existing geometrical configuration does not address
safety, design, topography, and traffic management considerations,
then the town may require the dedication of additional right-of-way.
b.
Along a right-of-way described by a metes and bounds
or a general written description:
1.
The right-of-way dedication shall be based upon the geometric
centerline of the right-of-way as described.
2.
Reasonable geometric adjustments will be made to accommodate
safety, design, topography, and traffic management considerations.
3.
All existing right-of-way dedication within the subdivision
shall be converted from "separate instrument" to a platted right-of-way
by being a part of the final plat.
c.
Along a prescriptive right-of-way:
1.
The right-of-way dedication shall be based upon the apparent
centerline of the existing pavement or of the travel way if unpaved.
2.
Reasonable geometric adjustments will be made to accommodate
safety, design, topography, and traffic management considerations.
3.
The developer shall indicate on the preliminary plat and final
plat property lines and features that identify prescriptive right-of-way.
4.
These features may include fences, borrow ditches, utility lines,
drainage improvements, limits of plowed or improved fields, etc.
5.
All existing prescriptive right-of-way dedications within the
subdivision shall be converted from prescriptive to a platted right-of-way
by being a part of the final plat.
(2)
The town council may grant a subdivision waiver reducing the right-of-way standards found in subsection (a)(2) additional right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic-control devices and/or sight distances.
(3)
Street classifications up to five (5) feet to accommodate development
in existing neighborhoods (e.g., an existing street does not meet
the current standard) or if unusual circumstances exist on the property
or on adjacent property that make it difficult to comply with the
right-of-way standard.
(f)
Street classification descriptions.
(1)
Arterial streets.
(A)
Arterial streets carry traffic from one urban area
to another and serve the major activity centers of urbanized areas.
(B)
Arterial streets are used for longer urban trips
and carry a high portion of the total traffic with a minimum of mileage.
(C)
Existing and proposed arterial streets are designated
on the transportation plan.
(3)
Local streets.
(A)
Local residential streets distribute traffic to
and from residences. Local commercial streets distribute traffic to
and from businesses.
(B)
Local residential streets are short in length and
noncontinuous to discourage through-traffic. Local commercial streets
and short in length and encourage through-traffic.
(C)
Local streets are used primarily for access to
abutting property in residential and commercial areas. Local streets
also provide secondary or minor access and circulation to community
facilities (schools, parks, etc.) and other traffic generators, such
as commercial and industrial areas.
(g)
Cul-de-sacs and dead-end streets.
(1)
Cul-de-sacs.
(A)
A cul-de-sac street shall not exceed twelve hundred
(1,200) feet in length as measured from the centerline of the intersecting
street to the point from which the radius of the cul-de-sac is measured.
(2)
Dead-end streets.
(A)
Dead-end streets are prohibited unless the street
design meets the above cul-de-sac requirements or unless the street
is intended to be extended in the future and the dead-end design is
only temporary in nature. Temporary dead-end streets shall meet fire
code requirements.
(3)
Drainage improvements.
Provisions shall be made
for adequate storm drainage at the ends of dead-end streets.
(i)
Construction responsibilities.
The subdivider
shall bear sole responsibility for construction of all streets necessary
for the development of the subdivided area.
(j)
Paving requirements.
(1)
All street and alley paving shall conform with the design standards
and specifications by NCTCOG and the town.
(l)
Street name and traffic-control signs.
(1)
Street name and all required traffic-control signs shall be
furnished and installed by the developer.
(2)
Street name signs shall be of a type approved by the town and
include the block number.
(3)
Street name signs and traffic-control signs shall be installed
in accordance with the prescribed type currently in use by the Manual
on Uniform Traffic-Control Devices.
(m)
Road gates.
No gate or other structure designed
to control or limit traffic on any public or private subdivision street
of ordinary passenger vehicles shall be permitted in any zone except
a planned development zone (Note: Minimum PD acreage per zoning ordinance,
as amended). Such gate or structure shall be removed upon annexation
of any public or private street with such control in place at the
time of annexation.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Conformance with zoning.
All lots shall conform
to the regulations as set forth in the town's zoning ordinance.
(b)
Corner lots.
The required setback from both streets
as if all lot lines adjacent to a public street, private drive, or
dedicated access or street easement are "front" lot lines.
(c)
Lot design.
Each lot shall face onto a public
street, private drive, or dedicated access easement intended to serve
the same purpose as a public street or private drive except in a planned
unit development. Lots with street frontage at both front and rear
shall be avoided, except when the lot backs onto a highway or thoroughfare.
(d)
Side lot lines.
Side lines of lots shall be approximately
at right angles to straight streets and radial to curved street lines
for any plat that creates additional lots and is smaller than five
(5) acres. For purposes of this provision, "approximately" means within
5 degrees of a right angle to the straight street or radial of a curved
street line for the entire length of the line.
(e)
Subdivisions with septic tanks.
In subdivisions
where buildings are to be served by septic tanks, the size of lots
shall be sufficiently large to accommodate adequate drainage fields
and to meet the standards set forth by the department of state health
services and the town.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Block design.
The lengths, widths, and shapes
of blocks shall be determined with regard to the following items:
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Access requirement.
(1)
Every lot shall have frontage on, and access to, a public street,
private drive, or dedicated access easement.
(2)
Single-family residential access limitation.
(A)
Except for the development of one (1) single-family
home on an unplatted, undeveloped tract of land, a single-family residential
driveway shall not directly access State Highway 5, F.M. 1378 (Country
Club Road), or Stacy Road (between Highway 5 and F.M. 1378).
(b)
Common access.
(1)
Lots with sufficient frontage to safely meet the design requirements
may be permitted their own driveways. For lots without sufficient
frontage (i.e., do not meet the driveway spacing standards), then
a common access easement may be required between adjacent lots.
(2)
Common access easement.
(A)
The use of common driveways shall require the dedication
of a joint-use private access easement on each affected property.
(B)
That dedication shall be provided on the final
plat of the subject properties, or be filed by separate instrument
approved by the town attorney with the county with a copy forwarded
to the town.
(C)
The plat shall state that the easement shall be
maintained by the property owner.
(D)
The common access easement shall encompass the
entire width of the planned driveway plus an additional width of one
foot on both sides of the drive.
|
Figure 3: Example of Common Driveway (For Illustrative
Purposes Only)
 |
(Ordinance 2024-03 adopted 2/6/2024)
Easements and dedications of property needed for the construction
of streets, alleys, sidewalks, trails, storm drainage facilities,
floodways, water mains, wastewater mains and other utilities, retaining
walls, and any other property necessary to serve the platted area
and to implement the requirements of the subdivision ordinance and
design standards and specifications by NCTCOG shall be provided on
plats and maintained by the property owner.
(1)
Utility easements.
(A)
Utilities shall be laid in the public right-of-way or, with
the town engineer's approval, may be laid in easements.
(B)
When utilities are not laid in the public right-of-way, easements
at least fifteen (15) feet wide shall be provided for utility construction,
service, and maintenance.
(C)
Easements accommodating both water and wastewater facilities
and easements accommodating both public utilities and franchise utilities
shall be at least twenty (20) feet wide.
(i)
More easements or additional easement width may
be required if deemed necessary by the town engineer.
(D)
Easements at least fifteen (15) feet wide for utility construction,
service, and maintenance shall be provided for lots that have frontage
along state highways, in the absence of regional utility planning.
(E)
Easements having greater width dimensions may also be required
along or across lots where engineering design or special conditions
make it necessary for the installation of utilities and drainage facilities
outside public right-of-way.
(F)
A statement for utility easement restrictions shall be placed
in the dedication instrument:[.]
(2)
Triangular sight visibility easements.
(A)
Triangular sight visibility easements shall be required as follows
for properties with zoning that falls within one of the following
categories:
(i)
Residential zoning districts (including all single-family,
multifamily, manufactured/modular home zoning districts and planned
development districts):
a.
30' x 30' sight visibility easements on
corner lots at the intersection of two streets.
(ii)
Nonresidential zoning districts (including all
commercial, industrial, and utility districts and planned development
districts):
a.
30' x 30' sight visibility easement on
corner lots at the intersection of two streets.
(B)
The following full statement of restrictions shall be placed
in the dedication instrument or on the face of the plat:
(i)
Sight visibility restriction:
No
structure, object, or plant of any type may obstruct vision from a
height of twenty-four (24) inches to a height of ten (10) feet above
the top of the curb, including, but not limited to buildings, fences,
walks, signs, trees, shrubs, cars, trucks, etc., in the sight visibility
easement as shown on the plat.
(3)
Drainage easements.
(A)
Easements for storm drainage facilities shall be provided at
locations containing proposed or existing drainageways.
(C)
Storm drainage easements shall be provided for emergency overflow
drainageways of sufficient width to contain within the easement stormwater
resulting from a 100-year frequency storm less the amount of stormwater
carried in an enclosed system of a capacity required by the town.
(D)
Where a subdivision is bounded by a watercourse, drainageway,
channel, or stream, there shall be provided a stormwater easement
or drainage right-of-way conforming substantially to the lines of
such water course, and of such width to provide for increased drainage
from anticipated future upstream developments, plus a minimum of ten
(10) feet on each side.
(E)
Drainage easements shall include provisions for access ingress
and egress by crews and equipment for maintenance purposes.
(4)
Floodplain easements.
(A)
Floodplain easements shall be provided along natural drainageways
and lakes or reservoirs.
(B)
Floodplain easement locations shall be shown on the final plat.
(C)
Floodplain easements shall be provided in accordance with the
recommendation of the town engineer to accommodate the 100-year storm
drainage flows or the flow of the flood of record, whichever is greater.
(D)
Floodplain easements shall encompass all areas beneath the water
surface elevation of the base flood, plus such additional width as
may be required to provide ingress and egress to allow maintenance
of the banks and for the protection of adjacent property, as determined
by the town engineer.
(E)
A statement of floodplain restrictions shall be placed in the
dedication instrument of the plat.
(5)
Retaining wall easements.
(B)
If, in the opinion of the town engineer, the grading plans submitted
with the application for approval of a final plat indicate a need
for the construction of one or more retaining walls, a private retaining
wall easement showing the location of the retaining wall(s) and the
no-build zone shall be dedicated and shown on the preliminary plat
and the final plat.
(C)
The width of the private retaining wall easement shall be the
width of the retaining wall plus the width of the no-building zone,
as established by the applicant's structural engineer and approved
by the town engineer.
(D)
A retaining wall easement shall be located entirely on one lot
and shall not straddle property lines unless the wall is constructed
within a retaining wall easement dedicated to the homeowners'
or property owners' association in accordance with subsection
(5)(E) (below).
(E)
The homeowners' or property owners' association for
the subdivision shall be responsible for maintenance of the retaining
wall, and a note shall be included to this effect on the final plat.
(6)
Needs/benefits determination.
(A)
No dedication otherwise required by this ordinance may be imposed
upon a property owner unless the town determines that the dedication
is related to the impact of the proposed development; is roughly proportional
to the needs created by the proposed development; and provides a benefit
to the development.
(B)
An applicant may appeal a staff recommendation that a dedication
be required in accordance with the provisions of division 7 subdivision
relief procedures.
(7)
Maintenance of easement.
(A)
The town shall have the right to remove and keep removed all
or part of any buildings, fences, trees, shrubs, or other improvements
or growths that in any way endanger or interfere with the construction,
maintenance, or efficiency of town systems.
(B)
The town shall at all times have the right of ingress and egress
to and from and upon those easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining, and adding to
or removing all or part of its respective systems without the necessity
at any time or procuring the permission of anyone.
(C)
The property owner is responsible for maintaining easements.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
General.
(1)
All subdivisions shall provide an approved water distribution
system connected to the existing town water system in conformance
with all applicable town master plans and regulations. The planning
manager may approve a connection to another entity's water system
when necessary to accommodate the efficient growth of the town's
infrastructure.
(2)
In the absence of specific standards, all water supply, distribution,
pumping, and storage improvements shall be designed in accordance
with the most current standards of the American Water Works Association
and the most current criteria included in the Texas Administrative
Code, chapter 290.
(3)
The town shall make the final determination of the adequacy
of the proposed system.
(b)
Basic requirements.
(1)
Water main construction.
All water mains shall
be constructed within the street right-of-way or easements dedicated
to the town.
(2)
Water lines extended to subdivision borders.
(A)
All water lines installed within a subdivision
must extend to the borders of the subdivision as required for future
extensions of the distribution system, regardless of whether those
extensions are required for service within the subdivision.
(B)
If, due to physical constraints, a new subdivision
will never be constructed beyond a developing subdivision, the town
council may approve a subdivision waiver for this requirement before
action on the construction plans or before action on any plat.
(c)
Preliminary utility plan.
(2)
Illustrate the location and size of water utility and wastewater
utility mains.
(A)
Concurrent with plat submission, the developer
shall submit a map or plan showing the location and size of water
utility and wastewater utility mains, where applicable, which will
be required to provide adequate service and fire protection to the
lots specified in the proposed plat.
(B)
Plans and specifications for fire hydrant systems
shall be submitted to the town engineer and fire marshal for review
before construction.
(4)
Coordination with other utility providers.
(A)
When the subdivision is located in an area served
by a utility provider other than the town.
(i)
The developer must provide a water system analysis,
indicating adequate water supply and water quality.
(ii)
The developer must provide a letter from the utility
provider stating that facilities exist in the area to provide adequate
domestic service and fire protection. If the town has reason to believe
that there may be water supply or pressure concerns, the town may
require a water system analysis, indicating adequate water supply
and water quality.
(iii)
The final plat will not be filed until a letter
has been provided from the utility provider stating that they have
accepted the plans for construction.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
General.
(1)
Approved means of wastewater collection and treatment required:
(A)
All lots, tracts, or parcels on which development
is proposed shall be served by an approved means of wastewater collection
and treatment.
(B)
Lots can be served by septic tanks or the approved
OSSF if the lots fall outside of the town's sewer collection
system boundary; and if the size of lots is large enough to accommodate
adequate drainage fields and meet the standards established by the
state, the county or any other governmental unit having appropriate
jurisdiction.
(b)
Basic requirements.
(1)
Wastewater collection system required.
(A)
All subdivisions shall provide an approved wastewater
collection system unless approved for an OSSF system for lots that
fall outside of the town's sewer collection system boundary.
(B)
The system shall meet TCEQ standards and the town
shall make the final determination of the adequacy of the proposed
system.
(2)
Wastewater lines extended to subdivision borders.
(A)
All laterals and sewer mains installed within a
subdivision must extend to the borders of the subdivision as required
for future extensions of the collection system, regardless of whether
those extensions are required for service within the subdivision.
(c)
Preliminary utility plan.
When required by the subdivision ordinance, a preliminary utility plan for wastewater utility requirements shall be prepared in accordance with section 10.02.148(c) preliminary utility plan.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
General.
(1)
Components of the drainage system.
Drainage systems,
including all conveyances, inlets, conduits, structures, basins, or
outlets used to drain stormwater, must be designed and constructed
to promote the health, safety, and welfare of the property owner and
the public.
(2)
Management of stormwater runoff.
Adequate provision
must be made for the acceptance, collection, conveyance, detention,
and discharge of stormwater runoff drainage onto, through, and originating
within the subdivision.
(3)
Maintenance responsibility.
(A)
Detention and retention pond maintenance is the
responsibility of the property owner or the homeowners' or property
owners' association, unless noted on the final plat or agreed
to by the town.
(B)
It is a violation of this subdivision ordinance
for the pond not to be maintained according to the town's requirements.
(C)
It is a violation of the town's best management
practices for a detention/retention pond or a structural control to
be unable to operate for its intended purpose due to lack of maintenance.
(4)
Discharge of stormwater runoff.
Stormwater must
be discharged in an acceptable form and at a controlled rate so as
not to endanger human life or public or private property.
(b)
Planning and construction.
(1)
Plans, profiles, and specifications shall be prepared for stormwater
improvements to be constructed and shall show the locations, sizes,
grades, hydraulic gradients, flow arrows, and other details for the
proposed pipe, inlets, channels, manholes, culverts, outlet structures,
and other appurtenances.
(A)
Each sheet of the plans and profiles shall bear
the seal and signature of the licensed professional civil engineer
in the state who prepared them.
(2)
The developer shall incur the cost of all drainage improvements
connected with development of the subdivision and acceptance of current
upstream flows necessary to safely and adequately drain the subdivision,
including any necessary off-site channels or storm sewers and acquisition
of any required easements.
(A)
The 100-year storm must be contained within the
street right-of-way and/or the drainage easement boundaries.
(B)
Any necessary off-site channel or storm sewers
that are required to be within easements must have a separate instrument
easement filed in the county real property records and a filed copy
shall be submitted to the town before construction plans will be approved.
(c)
Residential grading and drainage.
(1)
Lot to lot drainage standards.
(A)
Surface runoff from residential lots in the commercial
district shall cross no more than one (1) additional lot before being
directed toward the street or a dedicated drainage easement or public
right-of-way.
(B)
When the flow reaches the second lot, side lot
swales shall be in place to direct the flows to the street or to a
public right-of-way or dedicated drainage easement within the rear
yard.
(C)
Designed and/or natural channels with adequate
capacity shall be used in low density residential subdivisions, RE-1
and larger.
(D)
Furthermore, no more than one lot may drain to
a second lot (i.e., two lots drain onto one lot) before the flow is
directed to the public right-of-way or dedicated drainage easement.
(2)
Detailed standards.
See the design standards
and specifications by NCTCOG for requirements for detailed standards
and policies.
(d)
Nonresidential grading and drainage.
(1)
Lot to lot grading and drainage standards.
(A)
Grading and drainage plans shall provide that surface
runoff from nonresidential individual lots cross no more than one
(1) additional lot before being directed toward a private on-site
system or a dedicated town drainage system.
(B)
When the flow reaches the second lot, side lot
swales may be utilized to direct the flows to private enclosed systems
or to a dedicated town drainage system within a dedicated easement
or in street right-of-way.
(C)
Runoff may not drain to a third lot, the flow must
be directed to the street system or to a dedicated town drainage system
with a dedicated easement.
(D)
Concentrations of stormwater shall not be discharged
to town streets through driveways or flumes but shall be collected
into an enclosed system, either private or public, before reaching
the curbline of the roadway.
(E)
Specific deviations from these guidelines may be
addressed on an individual basis.
(2)
Detailed standards.
See the design standards
and specifications by NCTCOG for detailed standards and policies.
(e)
Design criteria.
(1)
The design of the swales and enclosed systems located within
a dedicated drainage easement shall utilize the town's adopted
drainage design criteria for channel and pipe systems.
(2)
Side yard swales shall have a minimum slope of one (1) percent
to ensure adequacy of flow during and after a rain event.
(3)
See the design standards and specifications by NCTCOG for requirements
for detailed standards and policies.
(f)
Materials.
(1)
Swales on residential lots.
Swales on residential
lots shall be fully sodded.
(2)
Swales on nonresidential lots.
Swales on nonresidential
lots may be constructed in a natural state fully sodded in cases where
the surrounding area has been sodded, and velocities and depth of
flow can be contained within the proposed swale without erosive damage.
(A)
Swales within the parking and private driving lanes
of nonresidential properties shall be constructed of materials like
those of the parking and driving lanes.
(3)
Systems on residential lots.
Enclosed systems
may be designed utilizing concrete or approved plastic pipe and collection
inlets on residential lots.
(A)
Private enclosed systems on nonresidential lots
may be designed utilizing approved plastic pipe and collection inlets.
(4)
Systems on nonresidential lots.
Enclosed systems
on nonresidential lots that will be dedicated to the town shall be
designed utilizing concrete pipe and collection inlets.
(g)
Roof drains.
(1)
All roof drains of residential structures shall be directed
to the street or toward a rear swale and shall not be discharged directly
perpendicular to the side lot line.
(2)
Side downspouts may be directed to side lot swales at a 45-degree
angle to the direction of flow of the side lot swale to ensure that
the flows are directed away from the house foundation yet providing
a less severe entry into the swale.
(h)
Maintenance.
(1)
All grassed swales should be designed and constructed with 1:4
(25%) or flatter side slopes that will be gentle enough to allow easy
mowing.
(2)
Mowing and maintenance shall be the responsibility of the property
owner or homeowners' or property owners' association.
(3)
Periodic cleaning of enclosed systems located within dedicated
drainage easements shall be the responsibility of the town, unless
unauthorized materials are discharged into the public collection system,
for which the responsibility for the cleaning of enclosed systems
shall fall on the illegal discharger.
(i)
Preliminary drainage plan.
(1)
Applicability and purpose.
(A)
A preliminary drainage plan shall be prepared for
all developments in accordance with the requirements established in
the town's application forms.
(B)
The preliminary drainage plan shall show the watershed
affecting the development and how the runoff from the fully-developed
watershed will be conveyed to, through, and from the development.
(i)
The preliminary drainage plan must comply with
the standards outlined in this subdivision ordinance, design standards
and specifications by NCTCOG, and the Code of Ordinances.
(C)
The preliminary drainage plan is a guide for later
detailed drainage design.
(D)
The review of the preliminary drainage plan does
not constitute final drainage plan approval or authorize a waiver
to the subdivision regulations.
(2)
Plan required, previous plans, and waivers.
(A)
For any property involved in the development process,
a preliminary drainage plan shall be provided, at the developer's
expense, for the area proposed for development.
(B)
For property with a previously accepted preliminary
drainage plan, the accepted preliminary drainage plan may be submitted
and enforced unless a revised preliminary drainage plan is required
by the town due to lot reconfiguration or other conditions created
by the new plat.
(C)
The town engineer may waive the requirement for
a preliminary drainage plan if the submitted plat is not anticipated
to cause any significant change in runoff characteristics from a previously
accepted drainage study or for single residential properties where
no drainage problems are anticipated.
(D)
If the applicant requests a waiver in writing,
a copy of any previous drainage plan prepared for the property shall
be provided.
(3)
Submittal.
(A)
Copies of the preliminary drainage plan shall be
submitted with the submittal of a preliminary plat or replat for review
and acceptance in accordance with the development manual.
(B)
The preliminary drainage plan shall be labeled
as "preliminary."
(C)
The preliminary drainage plan shall be signed and
sealed by a professional engineer.
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Location.
(1)
Retaining walls shall be located and constructed on private
property only.
(2)
If a retaining wall is designed to traverse three (3) or more
lots within a subdivision, the wall shall be located within a private
retaining wall easement dedicated to the homeowners' or property
owners' association of the subdivision.
(A)
The easement shall be shown on the preliminary
plat and final plat and shall be dedicated to the homeowners'
or property owners' association of the subdivision to maintain
the wall in a safe and orderly condition.
(b)
Design by a professional engineer required.
All
retaining walls four (4) feet or taller shall be designed by a professional
engineer and plans submitted to the town for review must be signed
and sealed by the design engineer.
(c)
Building permit required.
(1)
Any earth terracing method that supports a structure or vehicle
load, or that is over four (4) feet in height (as measured from the
bottom of footing to top of wall), shall require a building permit
and shall meet the requirements of this section.
(2)
No building permit, other than for a retaining wall, shall be
issued for any lot within a subdivision until all retaining walls
are constructed in accordance with a grading plan for the subdivision.
(3)
A retaining wall shall be constructed in accordance with the
grading plan and shall comply with the requirements of the applicable
building code and this ordinance.
(4)
Any change from the approved grading plan or design for a retaining
wall within a subdivision shall not be permitted unless the applicant
has submitted plans for the entire subdivision showing the proposed
changing in grading and the town engineer has approved the proposed
change(s).
(Ordinance 2024-03 adopted 2/6/2024)
(a)
Purpose.
This section 10.02.152 (park land dedications and fees) is intended to ensure that adequate recreational areas in the form of community parks, a town-wide trail system, and neighborhood parks are provided to meet the additional needs created by new residential development.
(b)
Scope.
The provisions of this section shall apply
to all new residential development within the town and all residential
subdivisions within its extraterritorial jurisdiction after the effective
date of this ordinance for which a final plat or preliminary plat
is required to be submitted to the town for approval.
(c)
Exemptions.
The provisions of this section shall
not apply to the following:
(1)
Residential development for property to be located on a lot
of record, final plat or replat that was approved before the effective
date of this ordinance.
(2)
Residential development constructed or to be constructed in
accordance with a building permit issued before the effective date
of this ordinance.
(d)
Park land dedication fees.
(1)
Purpose of park land dedication fees.
Park land
dedication fees are required for residential development to ensure
that town, community, neighborhood, and linear park facilities are
available and adequate to meet the needs created by such residential
development.
(2)
Park land dedication fee payment required.
Payment
of the park land dedication fees shall be made before the plat for
the residential subdivision is filed with the county.
(3)
Park land dedication fee amount.
(A)
The park land dedication fee shall be imposed on
each new residential lot created as part of the subdivision process,
and will be assessed according to the most recent fee schedule adopted
by the town council. If the subdivision is located within the commercial
planned development district (CPDD), complying with the minimum open
space criteria will satisfy the requirement for payment of park land
dedication fees.
(5)
Use of funds.
(A)
All expenditures of fees collected shall be made
in accordance with the town's parks, recreation, and open space
master plan, advice and/or recommendation of the staff and as approved
by the town council to best benefit the citizens of the town.
(B)
Any monies paid into the park land dedication fee
fund must be expended by the town within 10 years from the date received
by the town. If those funds are not expended within 10 years following
final plat approval, the property owner shall be entitled to a refund
of those funds upon written request, less any amounts expended for
those purposes.
(e)
Conveyance of land in lieu of park land dedication fee.
(1)
Determination authority.
In reviewing any lot
of record, plat, site plan, or proposed improvements of land for a
new residential development, the planning and zoning commission and
town council shall make a determination of whether a conveyance of
land in lieu of a payment of money shall be made to meet the requirements
of this section.
(2)
Factors considered.
In determining which type
of dedication, or combination thereof, shall be made, the parks and
recreation board shall recommend what would be in the best interest
of the town, based upon relevant factors which may include, but not
be limited to, the following:
(A)
Any available park plan or recreational master
plan for the area in which the development is located.
(B)
The recommendation of the town staff.
(C)
Whether the proposed land to be conveyed for park
purposes is adjacent to an existing greenbelt area.
(D)
Whether there is sufficient existing public or
private park land in the area of the proposed development.
(E)
Whether the park needs of the area of the proposed
development would be best served by expanding or upgrading existing
parks.
(F)
Whether the park needs of the area of the proposed
development would be best served by expanding or upgrading adjacent
greenbelt areas.
(G)
The guidelines of the current zoning ordinance
or any comprehensive plan of the town.
(3)
Conveyance provisions.
Where the planning and
zoning commission and town council determine that a conveyance of
land shall be required in lieu of a park land dedication fee, in whole
or in part, to meet the requirements of this section, the following
provisions shall apply:
(A)
Manner and method.
(i)
Plats required to be submitted to the town for
approval shall show thereon a conveyance to the town of the land required
by this section for park purposes as a condition to approval of that
plat by the planning and zoning commission and town council.
(ii)
The town may further require the conveyance of
the park property by general warranty deed.
(iii)
As a condition to acceptance of the plat or deed
by the town, the subdivider shall provide the town with an owner's
title policy of insurance in an amount equal to the value of the land
conveyed, which amount shall be determined by the town.
(4)
Credit for prior dedications.
(A)
Where a dedication of land was made before the
effective date of this section by the owner of land required to convey
land under the provisions of this section the former dedication of
land shall be credited on a per-acre basis toward the required conveyance
when the planning and zoning commission and town council find that:
(i)
The dedication was made within five (5) years of
the effective date of this ordinance from which this section derives;
(ii)
The land dedicated was within one-half (1/2) mile
of the new development for which land is required to be conveyed;
(iii)
The land dedicated is not being presently used
for purposes incompatible with park purposes and is suitable for park
purposes; and
(iv)
A credit may be given for on-site improvements
that are compatible with long-range development plans for the proposed
park.
(B)
The credit provided for herein shall not be transferable
and shall only be given to the donor of the land who is the owner
of the property being developed for which a conveyance of land is
required by this section, unless said prior conveyances were included
as a part of an executed facilities and/or development agreement with
the town and the developer.
(5)
Credit for private recreation facilities.
Where
private recreation facilities are built for the residents for the
subdivision or development, a credit may be granted with a recommendation
from the town parks and recreation board and approval by the planning
and zoning commission and town council. The value of these private
recreation facilities shall be determined by the planning and zoning
commission and town council, but shall not exceed one hundred percent
(100%) credit of conveyance.
(6)
Suitability of land for a park.
A proposed conveyance
of land shall not be considered suitable for park purposes if it has
one or more of the following characteristics:
(A)
Located within the 100-year floodplain, as shown
on the latest flood insurance rate map or floodplain Ordinance adopted
by the town on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community. The town may take more than the 20 percent
floodplain land if it is determined in the best interest of the town.
(B)
The proposed park site dedication is less than
five (5) acres for a neighborhood park or twenty (20) acres for a
community park, unless the proposed dedication is located in such
a manner in which it could be combined with other dedications to create
a park of adequate size.
(C)
It has unusual topography or slope that renders
it unsuitable for organized recreational activities or passive park
needs, depending on the town's intended use for the park.
(D)
It does not or would not front an improved public
street or would not be readily accessible, in whole or in part, to
the public.
(f)
Park development fee.
In addition to the park land dedication fee (subsection (d)), there shall also be a Park development Fee paid to the town as a condition of building permit approval for each residential unit. The Park development Fee shall be assessed according to the most recent fee schedule adopted by the town council, and shall provide for the development of park amenities and improvements. Such fee shall be paid at the time of building permit approval for each residential unit.
(g)
Compliance.
(1)
Requirements to be satisfied before development.
It shall be unlawful for any person who is required to make a payment
or convey land in lieu of payment, to begin, or allow any other person
or contractor to begin, any construction or improvements on any land
within any development until the required payment of money or conveyance
of land in lieu of payment is made to the town in accordance with
this section.
(2)
Permits and services to be withheld.
No building
permits shall be issued for, and no permanent utility services shall
be provided to, any land within any development until the required
payment of money or conveyance of land in lieu of payment is made
to the town in accordance with this section.
(Ordinance 2024-03 adopted 2/6/2024)
