(a) 
Compliance with minimum standards.
Land proposed for subdivision or development within the city and within the ETJ shall be adequately served by public infrastructure, including streets, water, wastewater, drainage (stormwater), sidewalk, and park facilities that meet the city's minimum standards as specified within this division 4. No plat or development shall be approved unless and until the infrastructure necessary to serve the development exists or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. In addition:
(1) 
It is necessary and desirable to require dedication of rights-of-way and easements for public improvements, and in some cases to require construction of such improvements to support new subdivisions/development.
(2) 
There is an essential nexus between the demand on public facility systems created by a new development and the requirement to dedicate rights-of-way and easements and to construct public infrastructure to offset such impacts.
(3) 
The city desires to assure both that development impacts are mitigated through contributions of rights-of-way, easements, and construction of public infrastructure, and that a subdivision/development contributes not more than its proportionate share of such costs.
(4) 
The city will extend water and wastewater service to property in accordance with section [9.03.117].
(b) 
Conformance to plans and specifications.
(1) 
Proposed public improvements serving new subdivisions and developments shall conform to and be properly related to the master plans, if applicable, and shall meet the service levels specified in such plans.
(2) 
The construction of improvements within all subdivisions and developments shall be in conformance with the technical construction standards and specifications (TCSS) and any component or portion of the TCSS may be further amended by the city at any time. The TCSS includes technical design and construction standards, specifications, and regulations that apply to all developments and redevelopments, together with all associated tables, drawings, and other attachments. All city standards described or referred to in these regulations are adopted by reference and are a part of these regulations in the same way as if they were set forth at length herein, and include the most current versions of the following, each of which the city council may have adopted and may amend:
(A) 
Standard specifications for subdivision construction;
(B) 
Design manual for storm drainage facilities;
(C) 
Stormwater master plan;
(D) 
Thoroughfare plan;
(E) 
Building codes;
(F) 
Fire code;
(G) 
Water and wastewater master plans;
(H) 
Parks master plan;
(I) 
Bicycle plan;
(J) 
Trail master plan;
(K) 
Sidewalk master plan; or
(L) 
Other city plans as adopted.
(c) 
Adequacy of facilities.
All development and all public improvements shall meet the standards and requirements set forth in the master plans and TCSS to include the following:
(1) 
Water.
All lots, tracts, and parcels of a proposed subdivision/development shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. The city may require the phasing of development and/or improvements in order to maintain adequate water capacity. Additional standards and requirements are defined in section 9.03.102.
(2) 
Wastewater.
All lots, tracts, and parcels of a proposed subdivision shall be served by an approved means of wastewater collection and treatment. The city engineer is responsible for determining the approved means of wastewater collection and treatment. The city may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity. Additional standards and requirements are defined in section 9.03.103.
(3) 
Streets.
Streets serving a proposed subdivision/development shall provide a safe, convenient and functional system for vehicular circulation, and shall be properly related to the applicable thoroughfare plan, and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision/development. New subdivisions shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network. The city may require the phasing of development and/or improvements in order to maintain adequate street capacity. Additional standards and requirements are defined in section 9.03.104.
(4) 
Drainage (stormwater) and flood control.
Drainage (stormwater) improvements serving a proposed subdivision/development shall accommodate potential runoff from the entire property drainage area under fully developed conditions; and, shall be designed so that runoff from the development does not exceed the pre-development runoff, and to prevent overloading the capacity of the downstream drainage system, or under-designed, to prevent potential flooding upstream. The city may require the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements in order to mitigate the impacts of the proposed subdivision. Additional standards and requirements are defined in section 9.03.105 and section 9.03.106.
(5) 
Parks.
All lots, tracts, and parcels of a proposed subdivision/development shall be served by public parks that provide a variety of outdoor recreational opportunities.
(d) 
City options.
In order to maintain prescribed levels of public facilities and services for the health, safety, and general welfare of its citizens, the city may require the dedication of easements, including rights-of-way, for or construction of on-site or off-site public infrastructure for streets, water, wastewater, drainage (stormwater), sidewalks, park facilities, utilities, and other public improvements to serve a proposed subdivision, or may require the payment of fees in lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the city may deny a plat or subdivision plan application until the public facilities and services can be provided, or may require that the development be phased so that the delivery of facilities and services coincides with the demands for public improvements created by the development.
(e) 
Property owner's obligation.
(1) 
Dedication and construction of improvements.
The developer shall dedicate all rights-of-way and easements to the public for, and shall construct at developer's expense, public infrastructure and capital improvements within the rights-of-way and easements for those water, wastewater, street, and drainage (stormwater) improvements needed to adequately serve a proposed development consistent with master plans, whether the facilities are located on, adjacent to, or outside the boundaries of the property being developed. Following completion of construction by the developer, and inspection and acceptance by the city, all streets (unless approved as private), utilities, and other public improvements (but not including stormwater management ponds or facilities) within the city limits shall become the property of the city. The developer, at the developer's expense, shall extend all water mains, wastewater lines, other utilities and streets across a property's full frontage, or as approved by the city engineer, and to the outer boundaries of the subdivision for future connections and use beyond the subdivision. The ability to tap into, and utilize, city water and wastewater services will become available only when a public utility main exists or is constructed across the full property frontage, and future connection point(s) shall be located such that future extension(s) are easily made. If water and/or wastewater main(s) are across the developer's private property, an easement(s) shall be provided to the abutting property line with no gaps such that the main can be easily extended.
(2) 
Adjacent street improvements.
In the case of adjacent or abutting streets, along and parallel to the property line, the city shall require that the one-half (1/2) the entire width of the right-of-way be dedicated and improved to city design standards, depending on factors such as the impact of the development on the street, the timing of development in relation to need for the street, and the likelihood that adjoining property will develop in a timely manner. In the case of frontage or service roads for state and federally designated highways, the entire abutting right-of-way for the frontage or service road shall be dedicated and improved to applicable design standards.
(3) 
Substandard street improvements.
Notwithstanding any other provision within these subdivision regulations, where an existing street that does not meet the city's right-of-way or design standards abuts a proposed subdivision, the city may require the property owner to dedicate part or all of the right-of-way for the improvement of the road to its ultimate planned width, and to improve the street according to the dimensions and specifications in the thoroughfare plan, if any, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to the need for the thoroughfare, the impact the development will have on adjoining streets and the likelihood that an adjoining property will develop in a timely manner.
(4) 
Facilities impact studies.
The city may require that a property owner prepare a comprehensive traffic impact analysis (TIA) study, drainage study, and/or other public facilities study(s) in order to assist the city in determining whether a proposed development will be supported with adequate levels of public facilities and services concurrent with the demand for the facilities created by the subdivision. The study(s) shall identify at a minimum the adequacy of existing facilities and the nature and extent of any deficiencies, and the public improvements that will be needed to meet the facilities' established levels of service assuming development at the intensity proposed in the subdivision application. The study(s) shall be subject to approval by the city engineer.
(5) 
Proportionality.
The requirements in this section are subject to a proportionality determination by the city engineer and subsequent appeal, as provided in section 9.03.069 [9.03.070].
(f) 
Timing of dedication and construction.
(1) 
Initial provision for dedication or construction.
The city shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including a petition for establishing a planned development zoning district, or other overlay zoning district; a petition for an annexation agreement or a development agreement; an application for a subdivision plat, or an application for a preliminary or final subdivision plat. As a condition of approval of the development application, the city may require provision for dedication of rights-of-way or easements for, and construction of, capital improvements to serve the proposed development.
(2) 
Deferral of obligation.
The obligation to dedicate rights-of-way for and/or to construct one or more public improvements to serve a proposed subdivision/development may be deferred until approval of a subsequent stage of subdivision approval, or until approval of a subsequent phase of the subdivision, at the sole discretion of the city engineer, upon written request of the subdivider/developer, or at the city's own initiative. As a condition of deferring the obligation, the city shall require that the developer enter into a public improvements agreement, specifying the time for dedication of rights-of-way for or construction of public improvements serving the subdivision/development.
(Ordinance 2023-1127-01, sec. 10-50, adopted 11/27/2023)
(a) 
Water supply system.
(1) 
Water mains properly connected with the city's water distribution system, or with an alternate supply approved by the city engineer, shall be constructed to adequately serve all lots shown on the subdivision plat for both domestic use and shall meet fire code requirements for fire protection. The sizes of water mains; the location and types of valves, hydrants, and appurtenances; the amount of soil cover over the pipes; and other features of the installation shall be approved by the city engineer and shall conform with the TCSS.
(2) 
If the city's water distribution system is available within two hundred feet (200.0') of a development or subdivision, each lot shall then be required to connect. This requirement also applies to a development or subdivision that is exempt from platting.
(3) 
When it is necessary to relocate, oversize, or replace the city's water distribution system to accommodate a proposed subdivision or development, the developer is responsible for all costs associated therewith unless the city agrees to participate in oversizing the facility.
(Ordinance 2023-1127-01, sec. 10-51, adopted 11/27/2023)
(a) 
Wastewater system.
(1) 
Sanitary sewers and ancillary appurtenances shall be installed in such a manner to adequately serve all lots with connection to the city's wastewater system. The sizes of wastewater mains, the location and types of manholes and appurtenances, the amount of soil cover over the pipes, and other features of the installation shall be approved by the city engineer and shall conform with the TCSS.
(2) 
A proposed development or subdivision shall tie onto the city's public wastewater system at the developer's expense if any part of the property is located within two hundred feet (200') away from the nearest city-owned wastewater line.
(3) 
When it is necessary to relocate, oversize, or replace an existing public wastewater facility to accommodate a proposed development or subdivision, the developer is responsible for all costs associated with such work, unless the city agrees to participate in oversizing the facility.
(Ordinance 2023-1127-01, sec. 10-52, adopted 11/27/2023)
(a) 
Conformity to thoroughfare plans.
The general location, connections, and width of all streets and roads shall conform to the thoroughfare plan, if applicable.
(b) 
Relation to adjoining street system.
A proposed street system shall extend existing stubbed streets from adjacent properties at the same or greater right-of-way and paving widths, but in no case less than the required minimum widths.
(c) 
Additional width of existing streets.
Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the minimum street requirements shown on the thoroughfare plan and as follows:
(1) 
The entire right-of-way shall be provided where any part of the subdivision is on both sides of the existing street.
(2) 
When the subdivision is located on only one side of an existing street, one-half of the required right-of-way measured from the centerline of the existing roadway, shall be provided. In no case shall the resulting right-of-way width be less than fifty feet (50.0').
(d) 
Street right-of-way widths.
The minimum width of street rights-of-way, measured from lot line to lot line shall be as shown on the thoroughfare plan.
(e) 
Cul-de-sacs.
(1) 
Streets that are designed to have one end permanently closed (cul-de-sacs) may not exceed six hundred feet (600.0') in length unless a longer length is necessitated by topography or other pre-existing natural feature. In no instance shall any such street exceed twelve hundred feet (1,200.0') in length unless a waiver is approved by the city in accordance with these regulations. At the closed end, cul-de-sacs shall be provided with a permanent turn-around having an outside street pavement diameter that meets the fire code and a street right-of-way diameter that extends a minimum of ten feet (10.0') beyond the paving around the turn-around "bulb." Waivers may be granted as follows:
(A) 
A minor waiver for residential cul-de-sacs over six hundred feet (600.0') in length may be granted by the administrator or the commission pursuant to section 9.03.068 [9.03.069], up to a maximum length of twelve hundred feet (1,200.0') or 60 lots, whichever is less.
(B) 
A minor waiver for nonresidential cul-de-sacs over six hundred feet (600.0') in length may be granted by the administrator or the commission, up to a maximum length of twelve hundred feet (1,200.0'), pursuant to section 9.03.068 [9.03.069] and subject to the fire code.
(2) 
Street access to adjoining property is required unless necessitated by topography or other pre-existing natural feature. Proposed cul-de-sac streets shall be extended by right-of-way dedication to the boundary of such property with abutting (i.e., contiguous) width of at least the same width of the street segment for future extension.
(3) 
Temporary dead-end streets may not exceed twelve hundred feet (1,200.0') in length unless a waiver is granted by city council in accordance with section 9.03.068 [9.03.069]. Such streets shall be provided with a paved turn-around having an outside roadway pavement diameter that meets the fire code and be designated by a recorded temporary street easement, which is typically a separate instrument for ease of abandonment when the street is permanently connected. Paving type(s) that can be used for temporary turn-arounds shall be as determined by the fire code. Permanent dead-end streets without a permanent cul-de-sac "bulb" are prohibited.
(4) 
Streets which temporarily dead end at power lines, rights-of-way, or easements shall be constructed for at least one-half the distance across these areas or to the property boundary. The applicant shall submit written permission from the utility or entity that owns the easement or right-of-way being crossed to the city prior to preliminary plat approval.
(5) 
For any temporary dead-end street, a note shall be clearly placed on the final plat stating that the street will be extended with future development. In addition, the dead-end street shall have a sign in accordance with the city's street signs prominently posted at the terminus of the street to provide notice that the street will be extended in the future.
(f) 
Topographic restrictions.
In cases where topography or other physical conditions make a street of the required minimum width, cul-de-sac length, and/or street grade impracticable, the commission may approve an exception allowing extension of the six hundred feet (600.0') maximum length to be up to one thousand feet (1,000.0') maximum length at the time of preliminary plat approval as described in section 9.03.068 [9.03.069].
(g) 
Restriction of access.
When a tract fronts on an arterial street or highway, the commission may require such lots to be provided with frontage on a marginal access street having a minimum right-of-way and paving width as set forth in subsection (k), below.
(h) 
Reserve strips.
Reserve strips are prohibited. A "reserve strip" is a strip of property that separates one developing property from another property as a way to prevent street or utility extensions into or out of it, thereby controlling access to the streets or utilities. An exception may be made where the control of such strips is definitely placed with the city under conditions approved by the commission.
(i) 
Intersections.
Proposed streets shall align with existing streets at intersections. Street intersections shall be as nearly at right angles as is possible and no intersection shall be at an angle of less than 75 degrees for a principal or secondary arterial, or 75 degrees for a collector or local street, unless a lesser angle is granted by waiver of the city council in accordance with section 9.03.068 [9.03.069]. Corner property line radii at street intersections shall not be less than twenty-five feet (25.0'), or as required by fire code, and where the angle of street intersection is less than 75 degrees, the commission may require a greater curb radius at the time of preliminary plat approval. Wherever it is necessary to allow the construction of a curb having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to accommodate such construction.
(j) 
Street jogs.
Street jogs with centerline offsets of less than one hundred fifty feet (150.0') shall only be allowed if approved by the city engineer.
(k) 
Minimum pavement widths.
Minimum pavement widths from back of curb to back of curb for each type of street shall be as set forth in the thoroughfare plan and technical construction standards and specifications (TCSS) unless a waiver is granted by the city council in accordance with section 9.03.068 [9.03.069].
(l) 
Pavement.
Excavation, embankment, compaction, preparation of sub-grade, flexible base, and surfacing shall be in compliance with the TCSS.
(m) 
Curb and gutters.
The developer shall provide permanent reinforced concrete curbs and gutters which shall be in compliance with the TCSS.
(n) 
Horizontal curves.
Any curves in the street or street rights-of-way shall be in compliance with the TCSS.
(o) 
Street grades.
The grade of streets shall be as set forth in the TCSS and fire code unless otherwise approved by the city engineer due to unusual topographic or other design constraints.
(p) 
Private streets.
(1) 
Eligibility criteria.
No private streets shall be permitted within a subdivision unless the city council approves a waiver and the subdivision application complies with the following criteria:
(A) 
The subdivision shall have no fewer than 20 residential lots;
(B) 
The streets to be restricted to private use are not intended for regional or local through traffic circulation (see subsection (4), below);
(C) 
The subdivision is located in an area that is surrounded on at least three sides (i.e., 75% of the perimeter) by natural or man-made barriers (e.g., creeks and floodplains, golf course, linear park, utility easements, train tracks, or rights-of-way, etc.) or by other private street subdivisions;
(D) 
The subdivision is not located adjacent to an existing or approved public street subdivision that can be reasonably connected, even where the street connection would require construction of a bridge or culvert; and
(E) 
The subdivision shall connect to any existing street stubs with a public street.
If the proposed subdivision cannot meet the eligibility requirements, the applicant may request a waiver from the city council prior to a preliminary plat application. Said waiver shall require a simple majority vote of the council for approval.
(2) 
Design and construction.
Private streets shall be designed and constructed in accordance with the technical standards and specifications (TCSS). The term "private streets" shall also include alleys if such are provided within the development.
(3) 
Homeowners' association (HOA) ownership and maintenance required.
A subdivision/development with 50 or more lots, or that is created by planned development district, shall have a mandatory homeowners' association, which includes all properties within the development. The HOA shall own and be responsible for the maintenance of the private streets and any public improvements not accepted by the city for maintenance and any common areas that serve the development as a whole and associated appurtenances. The HOA's recorded document shall contain a section devoted to compliance with city regulations and will be considered for approval in conjunction with approval of the final plat/development plat and will indicate whether streets are private and what amenities or common property will be maintained by the HOA. The covenants shall provide that the city has no obligation to maintain private streets, if applicable, stormwater management facilities, public improvements not owned or dedicated to the city, or any common property owned by the HOA. The documents shall be filed of record in conjunction with approval of the final plat. A notation shall be included on the final plat with the recording information of the HOA covenants and stating that the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of such improvements. Lot deeds shall convey membership in the HOA and provide for the payment of dues and assessments as required by the HOA. The HOA shall not be dissolved without the prior written consent of the city council. No portion of the HOA's documents pertaining to the maintenance of the public improvements and assessments thereto shall be amended without the written consent of the council. All HOA documents must be reviewed and approved by the city attorney to ensure that they conform to this and other applicable city policies prior to being filed of record. The HOA may not be dissolved, must pay for ad valorem taxes associated with HOA common property and including any property, such as stormwater management facilities, nor may deed restrictions and covenants providing for maintenance of common areas be deleted or amended, without the prior written consent of the council, by way of a plat amendment.
(4) 
Streets excluded.
Streets that are shown on the thoroughfare plan, if applicable, as 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. The city council may deny the creation of a private street subdivision if, in its sole judgment, the private streets would negatively affect traffic circulation on public streets or if they would impair access to the subject or adjacent property, impair access to or from public facilities including schools or parks, or if they could cause possible delays in the response time of emergency vehicles.
(5) 
Points of access.
A private street subdivision shall have at least two points of access from a public street(s) as required by the fire code. If the subdivision is to be secured/gated and will have fewer than 100 residential lots, then only one main entry point may be allowed, with the second (additional) point(s) of access being designated as emergency-only, if such arrangement is approved by the city engineer and fire chief.
(6) 
Parks and greenbelts excluded.
A private street subdivision shall not cross or interfere with an existing or future public pedestrian pathway, hike and bike trail, greenbelt, or park.
(7) 
Private street lot.
Private streets shall be constructed to public street standards and be included within a separate lot owned by the HOA. This lot shall conform to the city's standards for public 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 related to the exercise of a governmental service or function, including city utilities, fire and police protection, and code enforcement. This right shall also extend to utility providers operating within the city. The easement shall also permit the city to remove any vehicle or obstacle within the street lot that may impair emergency access.
(8) 
Restricted access.
The entrances to all private street subdivisions 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 (9), below. All restricted access entrances shall be manned twenty-four (24) hours every day, or they shall provide an alternative means of ensuring access to the subdivision by city personnel and other utility or public service providers (e.g., postal carriers, utility companies, etc.) with appropriate identification. If the HOA 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 emergency access at the sole expense of the HOA.
(9) 
Access restricted entrance design standards.
A private street which has an access control gate or cross arm shall have a minimum uninterrupted pavement width of twenty-two feet (22.0') at the location of the access control device. If an overhead-lifting barrier is used, it shall be a minimum of fourteen feet (14.0') in height above the street surface, and this clearance height shall be extended through all streets. All gates and cross arms shall be of a break-away design. A turn-around space shall be located in front of any restricted access entrance to allow vehicles denied access to safely exit onto public streets without having to back up into the street. The design and geometry of such turn-around shall be such that it will accommodate smooth, single-motion U-turn movements by the following types of vehicles:
(A) 
Larger passenger vehicles (e.g., vans, pick-up trucks, etc.);
(B) 
Passenger vehicles with short trailers up to twenty-four feet (24.0') in length (e.g., small flatbed, camping, or box-type trailers); and
(C) 
The types of service and utility trucks that commonly visit or make deliveries to neighborhoods that are similar to the proposed private street development (e.g., utility company vehicles, postal/UPS delivery trucks, two- to three-axle flatbed or box-type trucks used by contractors and moving companies, etc.). The city council and/or the city engineer may require submission of additional drawings, plans, and/or exhibits demonstrating that the proposed turn-around will work and that vehicle turn-around movements will not compromise public safety on the subdivision entrance or on the adjacent public street(s). The design of all proposed access restricted entrances shall be submitted for review and approval by the city engineer along with the construction plans for the subdivision.
(10) 
Waiver of services.
The subdivision final plat/development plat, HOA documents, and contracts for sale of each lot shall note that certain city services will 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. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision/development, other services, such as sanitation, may not be provided.
(11) 
Hold harmless.
HOA documents shall contain language whereby the HOA, as owner of the common property, and public improvements not maintained by the city and appurtenances, agrees to release, indemnify, defend, and hold harmless the city, its officers, agents, licensees, servants, and employees, any other governmental entity, and any public utility entity for claims or suits for property damage, loss, personal injury, or death, arising out of or in connection with, directly or indirectly [a)] the reasonable use of the private streets, emergency access, utility easements, entrance gate, stormwater management facilities or structures, by the city, its officers, agents, licensees, servants, and employees; b) the condition of the private streets or appurtenances; or c) any use of the subdivision with private streets by the city, its officers, agents, licensees, servants, and employees for any purpose related to the exercise of a governmental functions or services. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph.
(12) 
Conversion of private streets to public.
The city council may, but is not obligated to, accept private streets for public access and maintenance. Private alleys shall remain private. Requests to convert private streets to public streets are subject to the following provisions:
(A) 
The homeowners' association (HOA) shall submit a petition signed by at least seventy-five percent (75%) of its members/lot owners, or a greater number of signatures, if required by the HOA documents or declaration.
(B) 
All of the infrastructure shall meet or exceed the TCSS, pursuant to street core sampling and plans as required and approved by the city engineer.
(C) 
All security stations and other structures not consistent with a public street development shall be removed by the HOA, at its cost, prior to acceptance of the streets and appurtenances by the city.
(D) 
All monies in the reserve fund for private street maintenance shall be delivered to the city. Money in the reserve fund in excess of what is needed to bring the streets and appurtenances up to city standards will be refunded to the HOA.
(E) 
The HOA shall prepare and submit a replat to the city administrator for review and approval by the council, and for acceptance of the streets (excluding alleys) by the city engineer. Upon approval, the replat shall be recorded at the county thereby dedicating the streets and appurtenances to the city.
(F) 
The HOA shall modify and re-file, at its cost, the HOA documents to remove requirements specific to private street developments. The city attorney shall review the modified HOA documents prior to their filing.
(q) 
Points of access.
All residential subdivisions shall have at least two (2) points of access from improved public roadways. All entrances shall be consistent with the requirements of the fire code. The two points of access shall be from two different entrances either on a single public thoroughfare or on two public thoroughfares. Each point of access shall be designed to safely cross any floodprone areas. The primary point of access shall be designed to not be impacted by a 25-year rain event. The secondary point of access shall be designed to not be impacted by a 10-year rain event. Said points of access shall comply with the TCSS and the drainage design manual.
(r) 
Traffic impact analysis.
(1) 
A traffic impact analysis (TIA) worksheet, as promulgated by the city administrator and city engineer, shall be submitted with the first project application to include an adequate facilities plan, preliminary plat, construction plans, and/or final plat.
(2) 
A TIA is required when:
(A) 
According to the thresholds established on the TIA worksheet;
(B) 
On-street parking is requested in a commercial area; and/or
(C) 
A traffic light is desired.
(Ordinance 2023-1127-01, sec. 10-53, adopted 11/27/2023)
(a) 
Drainage improvements.
(1) 
Drainage facilities shall be designed to meet the city's drainage requirements as approved by the city engineer and shall be designed and constructed in accordance with the TCSS and drainage design manual.
(2) 
Stormwater management facilities, to include retention/detention ponds, shall be located on private property and maintained by the property owner or an approved homeowners' association unless otherwise approved by the city engineer.
(3) 
Pre-existing drainage ways shall not be dedicated to or maintained by the city unless approved by the city council.
(4) 
All new subdivisions or modifications to existing subdivisions near the Guadalupe River and creeks are encouraged to follow best practices for stormwater design and stormwater quality near the river and tributaries as well as any city adopted guidelines, as applicable.
(b) 
Flood hazard standards.
(1) 
All plats and subdivisions shall comply with standards and regulations associated with flood hazard standards.
(2) 
The land subject to flooding as identified in the Federal Insurance FEMA rate maps report titled "The Flood Insurance Study for the City of Bartlett," as may be amended, with accompanying flood hazard maps, shall serve as the basis for identifying those lands susceptible to flood conditions.
(3) 
During preparation of the preliminary plat, the developer shall study and establish floodplain and floodway elevations if such elevations had not been established previously.
(4) 
Lands that are to be platted for development, and which are susceptible to flooding, shall be in accordance with current city code requirements for finished floor elevations (FFEs).
(Ordinance 2023-1127-01, sec. 10-54, adopted 11/27/2023)
(a) 
Purpose and effect.
(1) 
The purpose of these requirements is to provide parks and park land to support residential development within the city and the ETJ. Public parks provide a variety of outdoor recreational opportunities to residents of new subdivisions and developments. It is the policy of the city to require residential developments to contribute park land or fees in lieu of land dedication in proportion to the needs of future residents and within close proximity to their homes.
(2) 
In order to accomplish the objectives of this section, all residential subdivisions within the city shall dedicate park land or pay fees in lieu of dedication. For multiple-family projects that are not required to dedicate park land, payment of in-lieu fees may be deferred until the time of building permit application.
(3) 
All subdivisions shall comply with city's parkland dedication ordinance.
(b) 
Preservation of natural features.
Natural features include large trees, watercourses, historic spots, and similar community assets which, if preserved, will add attractiveness and value to the property. Nature features shall be identified on a site plan prior to preliminary plat approval. If considered to be of significant value to the property, neighborhood, or community, the commission may require the preservation of some or all of these natural features.
(Ordinance 2023-1127-01, sec. 10-55, adopted 11/27/2023)
(a) 
Technical construction standards and specifications (TCSS).
The TCSS are the design standards for the city and are available on the city's website. Public review is also available in the office of the city secretary and development services during business hours.
(b) 
Monuments.
Monuments shall be established to define public right-of-way in accordance with the TCSS and applicable state law related to surveying. Variances from these requirements may be allowed by written authorization of the city engineer in cases where rock strata, unusual soil conditions, major trees, fences, or other obstacles are encountered.
(c) 
Blocks; lots.
(1) 
Blocks.
(A) 
Block length shall not exceed one thousand two hundred feet (1,200.0'), as measured from the centerline of one intersecting through street to the centerline of another intersecting through street.
(B) 
All lots within each phase of a development shall be numbered consecutively within each block. Each block shall have an alpha or numeric designation (e.g., "Block A", "Block 6", etc.).
(2) 
Lots.
(A) 
Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot shall have direct frontage onto a public street or to an approved public way, private street, or irrevocable access easement. Each lot shall have at least thirty feet (30.0') of abutting frontage on such street or easement.
(B) 
Single- and two-family lots may not be "through lots" to a collector or thoroughfare (i.e., shall not back up to a public or private street) unless fully screened [by] a six foot (6.0') solid wood or masonry fence. Single- and two-family lots shall not have direct (i.e., driveway) access onto any arterial or future collector street, as such are shown on the thoroughfare plan. Where a subdivision abuts or contains an existing or proposed arterial street, the city may require marginal access streets, rear service alleys, or such treatment as may be necessary for adequate protection to residential properties and to afford separation of through and local traffic.
(C) 
The size, shape, and orientation of lots shall be in accordance with the type of development and use contemplated and, for properties that are located within the city, as established in the zoning code. The minimum size of residential lots not served by both city water and wastewater services shall be as follows:
(i) 
Five (5) acres for lots where an individual water well is planned to be the source of potable water, and an on-site sewage facility (OSSF) will be used for wastewater disposal.
(ii) 
One (1) acre for lots served by a public water system and served by an on-site sewage facility (OSSF) if such OSSF is installed in compliance with county rules for OSSFs.
(iii) 
Lot size shall be dictated by the zoning if served by a community, public or shared water system and also a municipal sewage collection system.
(D) 
The city shall have the right to disapprove any lot which, in its opinion, will not be suitable for the purpose intended or which is so oddly shaped as to create an irregular or difficult building envelope or that does not fully contain a building envelope that meets all applicable size and setback requirements. Sharp angles between lot lines and flag or "panhandle" lots shall be avoided unless some physical attribute of the property requires such angles or flag lot configuration. Flag lots shall have a minimum street frontage in compliance with the zoning code or fifty feet (50.0'), whichever is greater.
(E) 
All lot lines shall, to the greatest extent possible, align along city, county, school district, and other jurisdictional boundary lines such that lots are fully within one jurisdiction or other.
(F) 
No structure shall be constructed across a tract boundary or lot line.
(d) 
Driveways, fire lanes, and access easements.
(1) 
Driveways.
Driveways shall be designed in accordance with chapter 90 [sic], city's Code of Ordinances, as amended, the fire code, and constructed in accordance with the TCSS. Driveway approaches shall be designed in such a way that stormwater does not flow from the street onto private property.
Editor's note–The city's 1989 Code of Ordinances did not contain a chapter 90.
(2) 
Fire lanes.
Fire lanes shall be designed and constructed in accordance with the fire code.
(3) 
Access easements.
Easements shall be required, when necessary, to allow convenient access to other adjacent property(s) due to such having minimal or inadequate public street access, location of median opening, etc. The city engineer and the planning administrator have the authority to require such access easement(s) when needed. All access easements require approval from the city attorney.
(e) 
Sidewalks.
(1) 
All sidewalks shall comply with the sidewalk ordinance of the city code with respect to width and location.
(2) 
For existing lots, sidewalks shall be constructed concurrent with construction of the first structure on any lot or tract of land, whether or not the tract of land is platted or being subdivided.
(3) 
Unless sidewalks already exist, multi-family, nonresidential developments, colleges and universities, hospitals, and other campus-like facilities shall construct sidewalks within all street rights-of-way adjacent to all tracts or lots utilized or intended to be utilized for any development purposes, whether platted or unplatted, to the full length of the frontage of the lot or tract involved, said construction to be:
(A) 
Concurrent with construction of the first structure on any lot or tract of land, whether or not the tract of land is platted or being subdivided;
(B) 
Concurrent with the construction of the addition to an existing building or buildings, regardless of the amount of additional square footage; or
(C) 
Concurrent with the construction of an additional building(s) on a lot or tract regardless of the amount of additional square footage.
(4) 
For single- and two-family residential developments, sidewalks shall be constructed prior to the acceptance of public utilities. For existing lots, sidewalks shall be constructed concurrent with construction of the first structure on any lot or tract of land, whether or not the tract of land is platted or being subdivided.
(5) 
Sidewalks shall be constructed in the rights-of-way of all streets, public or private, pursuant to these regulations.
(6) 
The administrator shall not issue any final utility clearance or certificate of occupancy until all sidewalks required to be constructed have been finally completed or repaired and approved by the city engineer.
(7) 
A developer may apply to the city to receive a waiver from the sidewalk requirements. Such waivers are heard by the city council and shall require a simple majority vote of the council for approval. The city council shall consider the following criteria for whether to grant a waiver:
(A) 
Topographic restrictions such as slope and drainage structures make the construction and subsequent use of a sidewalk unmanageable;
(B) 
Whether all property(s) adjacent to the subject property, whether or not such property(s) is separated from the subject property by a public or private road, alley, or easement, is exempted from sidewalk construction by operation of these regulations;
(C) 
Whether all property(s) adjacent to the subject property is developed property, whether or not separated from such subject property by a public or private road, alley, or easement, and does not have existing sidewalks as of the effective date of these regulations; or
(D) 
If it is shown to the satisfaction of the city council that any of the requirements of this section, if complied with, would work an undue hardship on the property owner, the requirements required herein would not be in the best interest and general welfare of the public, and that the intent of these regulations was being met by the granting of such waiver.
(8) 
Compliance with other laws.
All sidewalks required by these regulations shall comply with all federal, state, and local laws, including those requiring certain accessibility standards. Where there are instances of conflicting requirements, the most restrictive standards apply.
(Ordinance 2023-1127-01, sec. 10-56, adopted 11/27/2023)
(a) 
Alleys shall not be allowed except within certain zoning districts or to connect to a subdivision with existing alleys for the purpose of providing continuity. If alleys are constructed or required, the following standards shall be met:
(1) 
In residential zoning districts, alleys shall be parallel, or approximately parallel, to the streets.
(2) 
Alleys shall be designed and paved in accordance with the TCSS and shall be privately owned and maintained by an HOA that is formed in accordance with these regulations.
(3) 
Where the deflection of alley alignment occurs, the design of the paving and property line shall be as established by the TCSS.
(4) 
Dead-end alleys are prohibited. Alleys shall 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 turn-around "bulb" or turnout onto a street, either of which will need a temporary easement for street/alley purposes, shall be provided as determined by the city engineer.
(5) 
Alleys may not exceed a maximum length of one thousand two hundred feet (1,200.0'), as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets. The city council may approve a waiver for an overlength alley upon consideration of the following:
(A) 
Alternative design 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;
(6) 
Public utilities shall be placed in a platted easement.
(b) 
Means of mitigation, including 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.
(Ordinance 2023-1127-01, sec. 10-57, adopted 11/27/2023)
(a) 
The developer shall install fully functional streetlights in accordance with the TCSS.
(b) 
Streetlights shall be installed in the right-of-way unless an alternative placement is approved by the city engineer or commission.
(c) 
Streetlight easements of ten feet (10.0') in width shall be provided for the purpose of service wire installation, if needed and when necessary for service.
(Ordinance 2023-1127-01, sec. 10-58, adopted 11/27/2023)
(a) 
Proposed streets which are in alignment with already existing, or approved, named streets, shall bear the same names of existing (or approved) streets. In no case shall the names for proposed streets duplicate existing streets' names or like-sounding street names, irrespective of the use of the suffixes such as street, avenue, boulevard, driveway, place, or court. Proposed street names shall be included with a preliminary plat and are subject to the administrator's approval in accordance with the city's addressing policy to avoid street naming conflicts.
(b) 
Street name signs and traffic-control signs and devices shall be installed by the developer prior to acceptance of public infrastructure by city engineer, final plat approval, and recordation at the county. The design and placement of all signs shall be submitted to, and approved by, the city engineer prior to installation, and all traffic-control signs and devices shall be designed and placed in accordance with the latest edition of the Federal Highway Administration's (FHWA's) "Manual on Uniform Traffic Control Devices for Streets and Highways" ("MUTCD"), as amended.
(Ordinance 2023-1127-01, sec. 10-59, adopted 11/27/2023)
The city administrator shall have the authority to assign street addresses for individual lots or building sites located within the city. A person making application for approval of a subdivision shall request and obtain a designation of street addresses by the administrator prior to approval of the final plat. The assignment of individual street addresses shall comply with the city's addressing policy.
(Ordinance 2023-1127-01, sec. 10-60, adopted 11/27/2023)
(a) 
The city may require easements for access, poles, wires, conduits, storm and wastewater, gas, water, or other utility lines or their appurtenances. The developer shall be responsible for acquisition of all necessary easements, on-site and off-site, if such are necessary to serve the proposed development.
(b) 
Easements shall be a minimum of twenty feet (20.0') in width. Easements of the same or greater width may be required where necessary for the extension of existing or planned utilities.
(c) 
The full width of all easements for city water and wastewater facilities shall be fully upon one lot and may not straddle a common lot line.
(d) 
Public water, wastewater, and drainage easements shall be dedicated to the city and shown on the final plat for the specific use or uses intended, and shall not be used by private utility providers unless approved by the city engineer. The city has no obligation to maintain drainage easements or facilities that serve a particular development.
(Ordinance 2023-1127-01, sec. 10-61, adopted 11/27/2023)
(a) 
All utilities shall be placed underground or if the developer so elects, they may be placed overhead only if located on pre-existing utility poles. If no pre-existing poles exist, utilities may be placed overhead but only if located entirely behind the front face of the building on private property and within a recorded utility easement that is at least fifty feet (50.0') away from any single-family zoning district or dwelling.
(b) 
High-voltage and large gas distribution lines may be allowed overhead or over-ground if a waiver is granted by the city council.
(Ordinance 2023-1127-01, sec. 10-62, adopted 11/27/2023)
(a) 
When the land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow for the extension of future streets and for logical re-subdivision in the future.
(b) 
Developments of a large scale nature under single ownership or condominium arrangement which would result in significant change to existing topographic and landscape features, traffic and drainage patterns, parking and other development changes that would impact the community shall be required to submit a plat of the proposed development for commission review and approval in the manner prescribed by these regulations.
(Ordinance 2023-1127-01, sec. 10-63, adopted 11/27/2023)
(a) 
Purpose.
The purpose for the establishment of an HOA for residential developments is to create an entity that owns and is responsible for maintaining commonly owned properties pursuant to the plat, private amenities, private streets, and riparian areas for the communal good of the development's property owners and residents. The ownership and maintenance of property and amenities shall be organized and established to exist in perpetuity.
(b) 
Applicability.
An HOA shall be established for any subdivision or development that contains any of the following: a private amenity, street, or drainage facility; a floodplain; or open space that will not be dedicated to the city. For purposes of this section, the terms "homeowners' association" and "HOA" are interchangeable with the term "property owners' association" for multi-family and nonresidential developments.
(c) 
Descriptions of elements requiring an HOA.
Any of the following elements created as part of a subdivision or development, and not dedicated to the city, shall require the formation and continued operation of a mandatory HOA:
(1) 
Amenity center (e.g., private swimming pool, club house, tennis court, recreation center, playground, etc.);
(2) 
Entry features, signage, and landscaping;
(3) 
Open space, walkways and trails that will not be dedicated to the city;
(4) 
Ponds, including those for detention/retention of stormwater;
(5) 
Water features and fountains;
(6) 
Private streets, alleys, and internal sidewalks, including security stations and gates, perimeter security fencing, etc.;
(7) 
Thoroughfare screening walls, fences, and landscaping; and
(8) 
Any other non-public and commonly owned facilities.
(d) 
Procedure for HOA formation.
The establishment of a required HOA shall occur prior to final plat approval and acceptance of the public improvements, and generally using the following procedure:
(1) 
Documents submitted for review.
The declaration, bylaws, covenants, and other necessary documents establishing an HOA shall be submitted to the city for review and approval by the city attorney for conformance with this article and other applicable ordinances prior to submission of the final plat and prior to issuance of a letter of final acceptance for the subdivision or recordation of the plat. HOA documents shall include descriptions of all areas and amenities for which the HOA is responsible for maintenance, and shall outline the organization and governance of the HOA.
(2) 
Recordation.
All HOA documents shall be recorded at the county prior to the recordation of the final plat. Two (2) copies of the recorded documents shall be submitted to the administrator prior to or simultaneously with the final plat application.
(3) 
Additional phases.
An additional phase to an existing subdivision is not required to establish a separate and distinct HOA, provided that the existing, recorded HOA documents are amended to incorporate the area of the new subdivision phase and to adopt the responsibility of all areas and amenities for which the HOA is responsible for maintenance. The procedure for review and recordation of the HOA amendment documents is as set forth above.
(e) 
Notice to purchasers.
For any subdivision that will have an HOA, notice shall be posted in a prominent place at all model homes and sales offices stating the following:
(1) 
That an HOA has been established for the subdivision;
(2) 
That membership in the HOA is mandatory for all lot owners; and
(3) 
That the developer is required to provide to any person, upon their request, a complete copy of the HOA documents and a five (5) year projection, at a minimum, of association dues, income and expenses.
(f) 
General requirements.
The following shall be set forth in the HOA documents:
(1) 
A statement that membership in the association is mandatory for all owners of property within the subdivision;
(2) 
A listing of all areas and amenities that the association will be responsible for maintaining, including legal descriptions for land parcels, if applicable; and, such maintenance areas shall be clearly shown as dedicated to the association on the final plat;
(3) 
Bylaws related to the governance of the association;
(4) 
Covenants for maintenance assessments, which shall run with the land;
(5) 
Responsibility for liability insurance and local taxes;
(6) 
Statement that the authority for enforcement of association rules and regulations is solely the responsibility of the association and is not, in any way, the responsibility of the city;
(7) 
Authority for the association to secure funds from its members sufficient to meet its responsibilities, which shall include the ability to collect dues, to increase dues, to charge special assessments, and to place liens against property for failing to pay dues and assessments;
(8) 
Provision that no amendment of the association documents relating to maintenance of association areas or amenities, or related reserve funds (as applicable), shall occur without prior city approval;
(9) 
Written release of adequate funds for maintenance to benefit the city; written indemnification of the city outlining that under no circumstances shall the city be liable to the association or any property owner or their respective heirs, executors, administrators, devisees, personal representatives, successors or assigns for any damages, injuries (including death), and/or liability resulting from any amenity, on the private streets, within or adjacent to any association area or amenity;
(10) 
Written assurance of funds based on an accredited cost projection analysis within a specific reserve account of the association for the maintenance and removal of amenities as determined by the city;
(11) 
Written consent giving the city the authority to take the actions for violations; and
(12) 
Other city requirements as applicable.
(g) 
Violations, revocations, and liens.
(1) 
The city will notify the HOA of violations of any of the regulations specified within this section.
(2) 
Failure to bring the subdivision into compliance with these regulations may cause the city to revoke the specific approval of the HOA or take other remedies as outlined in this section.
(3) 
The city shall have all lien, assessment, and enforcement rights granted therein to the HOA, and the city shall have the ability to enforce the liens.
(Ordinance 2023-1127-01, sec. 10-65, adopted 11/27/2023)
(a) 
Consistency with subdivision requirements.
To the extent that the subdivision ordinance contains provisions that may overlap with the requirements of this section 9.03.117, the language in this section shall prevail over general language in the rest of the subdivision regulations.
(b) 
Definitions.
Words and phrases used in this section 9.03.117 shall have the meanings set forth in this section. Words and phrases that are not defined in this section but are defined in this or other sections of the Code of Ordinances shall be given the meaning set forth in those sections. Other words and phrases shall be given their common, ordinary meanings unless the context requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
City
means the City of Bartlett, County of Williamson and County of Bell, State of Texas, and includes any official, agent or employee acting on behalf of the city.
City council
means the city council of the City of Bartlett.
City's water and sewer system
means the water and sewer facilities owned or operated by the city in the provision of water and sewer service within the city's service area and such wholesale treated water service and wholesale sewer service provided in areas outside of the city's service area.
Commission
means the Texas Commission on Environmental Quality or its successor entity.
Customer
means any person provided retail water and sewer service, including water treatment and distribution service, or sewage collection, treatment and disposal service, by the City of Bartlett and its designee.
ETJ
means the extraterritorial jurisdiction of the City of Bartlett.
Facilities agreement
means an agreement between the city and a service applicant providing for the construction and expansion of the water and sewer system necessary to serve the property or subdivision.
Meter
means any device used to measure water or sewage flow.
Person
means an individual, corporation, organization, government or political subdivision or agency, business trust, partnership, association, or any other legal entity.
Plumbing code
means the International Building Code or such other codes as may be adopted by the city that are applicable to the regulation of plumbing, plumbing fixtures, cross-contamination protection, and backflow prevention.
Qualified service applicant
means a person that has met all the applicable requirements as outlined in this article in order to obtain water and sewer service within the city's service area. An "applicant" is not a "qualified service applicant" unless and until he or she has met all the applicable requirements specified herein.
Sanitary sewage
means the liquid and water carrying wastes discharged from the sanitary conveniences of dwellings and other buildings.
Service address
means a specific, unique address for a location eligible to receive water and sewer service from the city, including a street name, house number, and if applicable, a building or unit identification letter or number.
Service area
means the area served by or certificated to the City of Bartlett for provision of retail water and sewer service.
Sewage
means sanitary sewage and industrial waste, together with such infiltration water as may be present.
Water and sewer service
means retail water and sewer service provided by the city or its designee directly to the ultimate retail customer and wholesale water and sewer service provided by agreement to customers located outside of the service area.
Wholesale customer
means any wholesale customer that purchases water and/or sewer service from the city by agreement for resale to a retail customer.
(c) 
Water and sewer service application requirements.
(1) 
All persons desiring retail water and sewer service from the city or desiring to transfer service from a service location to another service location shall file an application with the city at the city's designated location. No connection to the city's water and sewer system shall be made before the person has met the application, fee, and extension requirements of this article.
(2) 
The city shall provide water and sewer service to only qualified service applicants and no water and sewer service application shall be accepted by the city administrator unless the application is submitted by a qualified service applicant. The request by a qualified service applicant shall be filled within five (5) working days unless the city and the applicant have entered into a facilities agreement. If the city and the applicant have entered into a facilities agreement, service will be provided in accordance with the facilities agreement.
(d) 
A person is a qualified service applicant if the person has met the following conditions:
(1) 
The person has submitted a completed and signed water and sewer service application to the city administrator, has presented a driver's license or social security card to the city, which the city shall keep on file, and has verified that the request for service is for property the person owns or otherwise has legal control over.
(2) 
For subdividers in the city limits or ETJ of the city desiring retail water and sewer service from the city, the subdivider has complied with the city's subdivision regulations to obtain retail water and sewer service from the city for the subdivision.
(3) 
For persons required to obtain a building permit from the city, the person has paid all the required building permitting fees.
(4) 
For persons desiring water and sewer service for property or service connections located outside the city limits of the city, the person has complied with the requirements of section 9.03.117.
(5) 
The person has paid all applicable charges and fees prescribed by the city's fee schedules, including any applicable impact fees, and tapping and metering charges, all security deposits, and water and sewer connection and plumbing code inspection fees.
(6) 
The person has complied with the city's extension of water and sewer facilities requirements, if necessary, as provided this section 9.03.117 and the facilities have been extended and inspected and accepted by the city.
(7) 
The person has paid all the pro rata charges as required by section 9.03.117, if applicable.
(8) 
There is water and sewer plant capacity and capacity within the water and sewer system to serve the person or development, or the person or developer has entered into a facilities agreement with the city for the expansion of the water and sewer plant or system.
(9) 
The person requesting water and sewer service has provided a service address to which water and sewer service will be provided and has agreed to provide access to the person's property so that the city can locate, construct, place, and maintain meters and other equipment necessary to connect the person's property to the city's water or sewer system.
(10) 
An inspection of the water and sewer connection has been conducted and approved by the city.
(e) 
The city administrator may refuse service to a person if, at the time of the application, the person is indebted to the city for any charge, tax, or fee, or is indebted to another retail public utility for the same kind of service for which the person has applied from the city.
(f) 
No application shall be approved if the city administrator determines that the requested service is for unreasonable consumer uses that will threaten or endanger the city's water and sewer system or threaten the city's ability to provide continuous and adequate service.
(g) 
To obtain sewer service from the city, the applicant must either be a current water service customer, or must request water service from the city in accordance with this section.
(h) 
Any person denied service under this article may request review of the city administrator's decision. The request shall be made to the city administrator, who shall place the request before the city council. The city administrator may request additional information of the person denied service. The city council may grant or deny service, after review of the request, in accordance with the provisions of this article.
(i) 
It shall be unlawful for any person not employed by the city to uncover and make any connection with the water and sewer system of the city without first obtaining the consent of the city.
(j) 
The city may provide, but is not obligated to provide, water and sewer service to an applicant whose property is located outside the city's service area. If the city decides that it is in the best interest of the city to extend and provide service to a person or subdivider outside the service area, the applicant shall request in writing that the city include the applicant's property within the city's water and sewer certificates of convenience and necessity, if applicable.
(k) 
Out of city limits.
This subsection applies to any retail water and sewer service provided and requested to be provided by the city to premises that are located, in whole or in part, outside the corporate limits of the city.
(1) 
All customers of the city's water and sewer system, including those customers located in whole or in part outside the corporate limits of the city, shall comply with the cross-contamination and backflow prevention requirements of the city.
(2) 
Any customer receiving utility services outside the city limits may not maintain connection to the city's water or sewer system or connect to the city's water or sewer system unless the customer is in compliance with the applicable city ordinances. Customers receiving water and sewer service must at all times be in compliance with state law, the city's plumbing code, the city's pretreatment requirements, and this article and other city ordinances relating to the provision of water and sewer service. Any customer failing to be in compliance or refusing reasonable requests for inspection of facilities connected or to be connected to the city's utilities may be disconnected or declined services.
(3) 
The application for service to property located outside the corporate limits of the city shall include the following statement:
THE APPLICANT UNDERSTANDS AND AGREES THAT ALL ORDINANCES OF THE CITY (AS NOW WRITTEN AND AS HEREINAFTER AMENDED) RELATING TO WATER AND SEWER SERVICE OR TO PLUMBING MATTERS, INCLUDING BUT NOT LIMITED TO CROSS-CONNECTION AND BACKFLOW PROTECTION REQUIREMENTS, AND PRETREATMENT REQUIREMENTS, AND INCLUDING ORDINANCES THAT IMPOSE CRIMINAL SANCTIONS, APPLY TO WATER AND SEWER SERVICES PROVIDED BY THE CITY TO PREMISES OUTSIDE OF THE CORPORATE LIMITS. THE APPLICANT ALSO UNDERSTANDS AND AGREES THAT THE CITY MAY SUSPEND OR DISCONNECT SUCH SERVICES IN THE EVENT THAT THE APPLICANT OR ANY OTHER PERSON AT THE PREMISES TO BE SERVED FAILS TO COMPLY WITH SUCH ORDINANCE.
(4) 
No water and sewer service application shall be accepted by the city and no new retail water and sewer service shall be provided at premises located in whole or part outside the corporate limits of the city unless a completed and signed application is submitted to the city that meets the requirements described herein and the person has complied with the following requirements:
(A) 
The person has paid the prescribed water and sewer connection and plumbing code inspection fees and impact fees if applicable, and has presented to the city administrator, or his or her designee, written evidence from the appropriate plumbing official that the plumbing system at the premises to be served has been inspected by the city and is in compliance with the city's plumbing code;
(B) 
The person has complied with the city's utility facilities extension requirements as provided herein, if necessary; and
(C) 
The person has submitted a written request to be annexed into the corporate limits of the city. If the person's property is not contiguous to the city limits of the city, the written request must be submitted, but will not be effective, until such time as the person's property is contiguous to the city limits of the city. Such request shall be filed in the deed records and shall run with the land.
(l) 
Only applicants located outside the city limits that meet the requirement of this section will be qualified service applicants and thus eligible to obtain water or sewer service.
(m) 
In addition to the requirements contained in this section, subdividers desiring retail water and sewer service from the city shall comply with the city's subdivision regulations to obtain retail water and sewer service from the city for the development and to extend the city's water and sewer system to the development.
(n) 
Upon meeting the requirements herein, upon payment of all applicable fees and charges due under this article and at the expense of the applicant and upon execution of an agreement with the city regarding the extension of facilities, the city may extend all necessary water and sewer facilities to the property plus the distance across or through the entire frontage of the property for which the application for service has been made.
(1) 
The applicant shall pay the estimated cost to extend the water and sewer facilities prior to construction. If the actual cost to extend the water and sewer mains and facilities is greater than the estimated costs, the applicant shall pay the city the difference between the actual and estimated costs upon completion of the extension project. If the applicant fails to pay the difference in the costs, the city may deny service, and take all actions legally available to it to recover the funds owed to the city. If the estimated cost to extend the water and sewer mains or facilities is greater than the actual cost, the applicant shall be responsible for paying the actual cost or reimbursing the city, as applicable, upon completion of the extension project. If the facility is identified on the city's most recently adopted capital improvements plan for its impact fees, the applicant may be entitled to an offset or credit in accordance with state law.
(2) 
For facilities that are not identified on the city's most recently adopted capital improvements plan for its impact fees, the owners of all intervening property served by such extension shall be required to pay the pro rata charges at such time as their property is connected to the city's water and sewer system in accordance with the approved pro rata agreement.
(o) 
Upon approval of the city and execution of an agreement with the city, the property owner or person requesting extension of water and sewer facilities or mains to his or her property may extend the facilities or mains by a competent and reputable contractor.
(1) 
The facilities shall be consistent with the city's comprehensive and water and sewer utility infrastructure master plans and comply with city standards and specifications, including the city's technical construction standards and specifications. Subdividers shall also comply with the city's subdivision ordinance.
(2) 
Detailed construction plans for the improvements complying with the city's construction standards and specifications for public works construction shall be drawn by a registered professional engineer and approved by the city administrator prior to any construction.
(3) 
The construction shall be inspected and approved prior to final acceptance by the city administrator.
(p) 
The sizes of the facilities proposed to be extended shall be determined by the city in conformance with the city's subdivision regulations, any comprehensive and water and sewer utility infrastructure master plans, and the city's technical construction standards and specifications. At a minimum, all water and sewer lines shall be at least eight (8) inches in diameter and must meet the minimum requirements of the city's technical construction standards and specifications.
(q) 
Unless otherwise specified in an agreement between the applicant and the city, the total costs to extend the water and sewer facilities to and across the applicant's property, the costs to construct all on-site and off-site facilities necessary to serve the property, and costs to acquire all off-site easements necessary to provide water and sewer service to the property shall be borne solely by the applicants with the following exceptions:
(1) 
The city may elect to participate in the cost to oversize the facilities. In the event the city elects to oversize facilities, prior to the extension of the facilities, the city and the applicant shall execute an agreement that defines the scope and details of the proposed extension, outlines all the regulations to which the applicant is to abide, and requires the delivery to the city [of] clear and unencumbered title to all proposed improvements and easements before the time of acceptance by the city. The reimbursement cost will be determined by the difference in the cost to construct the facility necessary to serve the property and the cost to construct the oversized facility as determined below:
(A) 
If the city constructs the oversized facility, actual low bid prices shall be obtained in accordance with city and state purchasing regulations and shall be used subject to the city's review for reasonableness. The bids shall be unit price bids for the various items of work involved and shall include prices for both the size of the facility needed to provide service to the property and the approved oversize facility. The city will make refunds, subject to the availability of funds, within thirty (30) days of acceptance of the facility.
(B) 
If the person requesting extension of water and sewer facilities or mains to his or her property intends to extend the oversized facilities to his or her property as provided by subsection (c) [(o)] of this section, the person shall take at least three (3) bids on the installation of the facilities necessary to serve his or her property as specified by the city's engineer, and the larger size that will actually be installed. Copies of the bids, tabulations and figures shall be submitted to the city for review by its staff and consultants. Calculations shall delineate the total cost for installation of the oversize facilities with appurtenances, along with the cost for installing the facilities and appurtenances necessary to serve property with the differences noted for the city. If the city determines the oversizing costs are unreasonable or the person fails to submit adequate information, the city may withdraw its approval for the person to construct the facility.
(2) 
For facilities not included on the city's capital improvements plan for its impact fees, the city and the original applicant may enter into a city council approved pro rata agreement whereby the city agrees to pay to the original applicant pro rata charges as received from applicants who desire to connect to the facilities, with the total payment not to exceed the amount of the original applicant's cost of off-site improvements, less the applicant's pro rata share. The pro rata share shall be the based on the per linear foot cost of the facility installed by the original applicant multiplied by the number of linear feet across the frontage of the property of the applicant requesting to connect to the facility. The maximum period of time for the pro rata reimbursement to the original applicant for the off-site mains shall not exceed ten (10) years. The applicant shall have no claim against the city for any expenses not reimbursed and any pro rata charges not received within ten (10) years, nor any fees received after ten (10) years.
(3) 
An applicant is not entitled to pro rata reimbursement for the construction of facilities that are identified on the city's capital improvements plan for its impact fees, but may be entitled to an offset or credit against impact fees owed in accordance with state law.
(r) 
Pro rata charges shall be collected at the time of application for water and sewer service.
(s) 
In the event that it is determined that additional land is needed for the disposal of wastewater through land application to provide service to the applicant, or that the installation of equipment or appurtenances such as pump stations, elevated or ground storage facilities, lift stations, booster pumps, or similar facilities is necessary in the area between the existing water and sewer utility facilities and the perimeter of the subdivision or property for which the water and sewer service request has been made, the city council shall, taking all circumstances into consideration, determine who shall bear the cost of such necessary land, equipment, and appurtenances, and in what proportion each party shall be liable.
(t) 
In no event will the city be required to make extensions to or to connect individuals, non-developers, or developers to the water and sewer system if there is no capacity in the water and sewer plant or systems to provide the service. The city may enter into a facilities agreement with an applicant for the expansion of the water and sewer plant and/or systems.
(u) 
In no event will the city be required to make extensions to or participate in the cost of improvements under the provisions of this section if there are no funds available, or if, at the discretion of the city, the extension or improvement is not practical, or otherwise warranted, or is for an unreasonable consumer use.
(v) 
All water and sewer utilities are owned and operated by the city. Any extensions of the city's water and sewer facilities made by a qualified service applicant or subdivider, after inspection and acceptance by the city, shall be owned by the city.
(w) 
Where recorded public utility easements in favor of the city do not exist on the property of an individual, non-developer, or subdivider who is requesting water and sewer service from the city, the individual, non-developer, or subdivider shall grant a permanent recorded public utility easement for poles, wires, conduits, drainage channels, stormwater and sewers, sanitary water and sewers, water lines, gas lines, or other utilities to the city. A state-owned right-of-way does not constitute a public utility easement in favor of the city. If the applicant is required to extend service, the applicant shall obtain all necessary public utility easements in favor of and dedicated to the city for the location of all off-site facilities required to provide service to the applicant. All easements shall comply with the requirements in the city's subdivision regulations. The location of necessary easements that cannot follow roadway frontage shall be approved by the city prior to construction of such water and/or sewer lines. The city must be in receipt of properly executed, dedicated, and recorded easements that are in favor of the city for the applicant to be a qualified service applicant. Failure to grant the required easements shall result in the denial of service.
(x) 
A separate connection for each house or building on the property requiring water or sewer service shall be required unless the city administrator approves the connection of more than one (1) building located on the single property to a single connection.
(y) 
Connection to the water and sewer system required. This section [subsections (z) through (bb)] applies only to properties within the city limits of the city and to properties that are not subject to the city's subdivision ordinance. Subdividers shall comply with the city's subdivision ordinance regarding connection to the city's water and sewer system.
(z) 
If sewer facilities with adequate capacity require less than two hundred (200) feet of sewer facility extension to any portion of a piece of property, then no alternate sources, such as on-site sanitary sewer systems, may be constructed and the property must be connected to the city's sewer system in accordance with this article unless the property is exempted as provided in this subsection. The following properties are exempted from this subsection:
(1) 
On-site sanitary sewer systems existing at the time of adoption of this section shall be exempted from the requirements of this subsection, but only if they perform adequately, do not cause a nuisance condition to exist, and meet all current state and local permit and health requirements and standards. This exemption does not apply if the on-site sanitary sewer system fails and cannot be repaired without replacement of the system, the on-site sanitary sewer system no longer complies with minimum state or local standards, or the on-site sanitary sewer system causes a nuisance condition to exist.
(2) 
Properties located in a subdivision platted prior to the effective date of this article where the use of on-site sanitary sewer systems was specifically permitted shall be exempt from the requirements of this subsection. This exemption does not apply if the on-site sanitary sewer system fails and cannot be repaired without replacement of the system, the on-site sanitary sewer system no longer complies with minimum state or local standards, or the on-site sanitary sewer system causes a nuisance condition to exist.
(3) 
Table 1 identifies who is and who is not required to connect to the city's wastewater system.
TABLE 1. CONNECTION TO THE SEWER SYSTEM
Types of Properties
Connection Required
Inside City Limits
Outside City Limits
For properties within 200 feet of the existing systems
 
 
No septic system
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
Yes
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
The property is located in a subdivision platted prior to the effective date of the ordinance and not being replatted where the use of on-site sanitary sewer systems was specifically permitted
No
No
Existing septic system that functions properly and meets current state standards
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
No
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
Existing septic system that does not function properly or meet current state standards
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
Yes
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
For properties more than 200 feet from the existing system
 
 
No septic system
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
No
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
Existing septic system that functions properly and meets current state standards
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
No
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
Existing septic system that does not function properly or meet current state standards
The property owner has or intends to construct a building suitable for human occupancy and the project does not trigger the subdivision regulations
No
No
The person's project triggers the city's subdivision ordinance
Yes
Yes
(aa) 
Every new building intended for human habitation or occupancy shall be connected to the water system by the owner or agent of the premises in accordance with this article. All existing buildings or structures intended for human habitation or occupancy located on property that is abutting a new or replaced water line installed after the adoption of this article shall be connected to the water system by the owner or agent of the premises in accordance with this article. The city shall notify the property owners whose properties must be connected to the city's water system that the property owner must apply to connect to the city's water system within one hundred eighty (180) days after the date of the notification. Such notice shall also state that, upon failure of the property owner or occupant to connect to the city's water system within one hundred eighty (180) days from the date of the notice, the city will connect the property to the city's water system, and will charge the cost and expense incurred by the city to connect the property to the water system shall be charged to the owner of such property, and that the city may place a lien on such property for those costs and expenses, may institute suit against the owner to collect the costs incurred by the city, and may undertake other measures within the city's authority to recover the costs. The notice provided for in this section shall be in writing and either served personally or sent by letter addressed to the owner of such property at the address of the property, or at the address as identified by the appraisal district. Table 2 identifies who is and who is not required to connect to the city's water system.
TABLE 2. CONNECTION TO THE WATER SYSTEM
Type of Property
Connection Required
Inside City Limits
Outside City Limits
New building intended for human habitation or occupancy
Yes
No
Existing building located on a water line that existed at the time the ordinance was adopted
No
No
Existing building located on a new or replaced water line that was constructed after the ordinance was adopted
Yes
No
The person's project triggers the city's subdivision ordinance.
Yes
Yes
(bb) 
Properties required to connect to the city's water system may continue to use existing water wells exclusively for irrigation purposes provided however that the well is permitted through the city's inspection department, has all of the necessary state and local permits or registrations, and there are no cross-connections between the water well and the city's water system.
(Ordinance 2023-1127-01, sec. 10-66, adopted 11/27/2023)