(a) 
Standards and plans.
All construction plans and accepted subdivision improvements shall conform to the following standards and specifications, unless an exception is expressly approved by resolution of the council:
(1) 
Conformity with comprehensive plan.
The subdivision shall be consistent with the adopted comprehensive plan of the city, if any, and the parts thereof, as amended, from time to time.
(2) 
Conformity with the neighborhood design and improvements, section 53-930.
The standards and specifications for subdivisions shall be consistent with the adopted Residential Style Guide (Ord. No. 962) of the city, if any, and the parts thereof, as amended, from time to time. All one and two-family subdivisions as they relate to sections of the subdivision code shall comply with Ord. No. 962, unless stated otherwise. One and two-family subdivisions are conditionally approved by the planning and zoning commission, per Ord. No. 962.
(3) 
Connecting streets.
If a tract is subdivided, parcels shall be arranged to allow for the opening of future streets, as provided for herein.
(4) 
Prohibition of reserve strips.
No subdivision or addition showing reserve strips of land controlling the access to public ways or adjoining properties will be approved either in whole or in part, unless such strips are in compliance with the law and are not detrimental to the public health, safety and welfare.
(5) 
Inspection of construction.
All construction work, such as street grading, street paving, storm sewers, stormwater detention facilities, curbs and gutters, sanitary sewers and water mains, performed by the owner, developer or contractor shall be subject to inspection during construction by the proper authorities of the city. All construction shall be completed in compliance with the construction specifications of the city in effect at time of subdivision approval. Said specification shall be on file in the office of the city engineer. No construction work shall commence on any subdivision without a written notice to proceed being issued by the city; and no construction work shall proceed on any weekend or city holiday without the prior written agreement of the city and the contractor or developer paying the city's costs and expenses for the required construction inspection, including overtime pay and benefits.
(6) 
Street names and addresses.
Street addressing (odd-even), street naming (consistent with connecting street names, avoiding duplication), subdivision naming and related matters shall be subject to council approval and shall comply with such standards and regulations as are in effect from time to time.
(7) 
Subdivision construction standards.
All subdivisions shall comply with the city's typical construction standards in effect at the time of the application for plat approval, the criteria manuals adopted herein, this chapter, applicable city ordinances, and good design and engineering practices. The city engineer shall prepare and keep on file with the city construction detail standards for sanitary sewer, water lines and associated facilities. The following technical codes are hereby adopted as the city's typical construction standards and shall apply to subdivision improvements, unless a variance is granted by the City Engineer: City of Austin Standard Specification Manual, as amended from time to time; City of Austin Standards Manual, as amended from time to time; City of Austin Transportation Criteria Manual, as amended from time to time; City of Austin Drainage Criteria Manual, as amended from time to time; City of Austin Environmental Criteria Manual, as amended from time to time, and City of Austin Utilities Criteria Manual, as amended from time to time. Variations in standards shall be based on field conditions and the professional judgment of the city engineer. The city engineer may prepare and keep on file a list of common variances granted to the foregoing manuals.
(8) 
Conformity with transportation plan.
The subdivision shall be consistent with the adopted transportation master plan.
(b) 
Dedication of land.
The developer shall dedicate or convey title to the land needed for improvements required for a subdivision. All such dedication instruments, deeds and easements shall be to the city as grantee.
(c) 
Costs of installation.
All required improvements shall be constructed at the developer's cost, with no contribution from the city, except as specified in this chapter and chapter 50.
(d) 
Appeals.
Appeals may be taken to the planning and zoning commission and the city council by the owner and/or developer as to actions of the city engineer or director of public works, whether on preliminary or final review of a proposed plan.
(Ordinance 296, art. V, § 1, adopted 10/1/1996; Ordinance 439, art. V, § 1, adopted 11/24/2003; Ordinance 981, § 2(Exh. A), adopted 1/16/2018; Ordinance 981, § 2(Exh. A), adopted 1/16/2018; Ordinance 1049, § 10, adopted 9/3/2019; Ordinance 1155, § 7, adopted 7/20/2021)
(a) 
Generally.
In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or contemporary and accepted subdivision practices.
(b) 
Length.
Blocks shall be not more than 1,000 feet in length, and shall be, at minimum, bounded on either end of the long axis by a local street. Block length, up to 1,200 feet, may be approved for good and sufficient reasons (example: curvilinear streets or paved alleys). Blocks which contain lots afforded access only by a residential lane shall contain no more than ten such lots on a single block face, shall be not more than 300 feet in length, and shall be of such configuration that no portion of any building on any such lot will be more than 300 feet from the right-of-way of a local residential street to which the residential lane is connected.
(c) 
Commercial and industrial.
Industrial and commercial subdivisions may under appropriate circumstances include blocks longer than 1,000 feet. A master plan or preliminary plan of the subdivision depicting proposed land use shall demonstrate reasonable provisions in the street layout for the public health and safety, particularly the circulation of emergency vehicles and anticipated truck traffic.
(Ordinance 296, art. V, § 2, adopted 10/1/1996; Ordinance 439, art. V, § 2, adopted 11/24/2003)
(a) 
Area requirements.
Within the corporate limits of the city, the required lot area, width, setback line, side yard and rear yard requirements shall be established by chapter 53, zoning, based on uses proposed by the developer. Such limited provisions of chapter 53, zoning, as to lot layout, size and setbacks are incorporated herein by reference as subdivision regulations (see chart 1). The minimum residential lot size in the city's extraterritorial jurisdiction shall be 9,600 square feet, if connected to off-site sewer. All lots to be served by a septic system shall have a lot size that is:
(1) 
Greater than one acre in area;
(2) 
Have a minimum width at the front property line of 130 feet;
(3) 
Be designed so that all access is provided from a local street except access may be permitted from a major thoroughfare or street, state highway, farm to market road, ranch road, or numbered/or named county roadway if a minimum driveway centerline spacing of 200 feet is provided between driveways; and
(4) 
Conform to all other county rules for on-site septic facilities.
Chart 1
Land Use District
Front Setback (feet)
Side Setback (feet)
Corner Lot at Side Street or Alleyway Setback (feet)
Street Side Yard Setback (feet)
Rear Setback (feet)
Min. Lot Square Footage Area
Min. Lot Street Line Width (feet)
Height Limit (feet)
A
40
25
40
25
25
43,500
150
45
UE
25
25
25
25
25
22,500
100
45
R-1-1
359
10
20
15
20
8,1901
801
35
R-1-2
259
7.5
15
10
15
6,8251
651
35
R-1-3
209
5
10
5
10
5,5401
501
35
R-1-A
25
(2)
10
15
15
4,5501
35
35
R-1-T
(3)
(3)
15
15
(3)
8803
22
35
R-1-C
(4)
(4)
 
15
(4)
9,0004
80
45
R-2
259
7
10
15
25
9,000
80
35
R-3-1
25
15
15
15
25
(5)
80
356
R-3-2
25
20
15
15
25
(5)
80
457
R-3-3
25
7
15
15
25
(13)
90
457
M-1
25
7
15
15
25
8,190
80
35
M-2
25
7
25
25
25
8,190
80
35
CBD-1
258
(8)
15
15
(8)
(8)
(8)
358
CBD-2
0
0
0
0
0
2,500
25
45
RS
25
10
15
15
15
6,000
50
45
HS
50
50
50
50
50
10 acres
200
10014/15
W
25
25
25
25
25
9,000
80
45
CM
25
50
50
50
50
43,500
150
45
E
25
25
15
15
15
6,000
50
4514
TU
25
7
15
15
15
(10)
(10)
(10)
B
25
25
25
15
15
(11)
(11)
(11)
PUD
(8)
(8)
(8)
15
(8)
5 acres
(8)
(8)
Notes: The footnotes in parentheses in Chart 1 refer to the footnotes of Chart 1 in chapter 53.
(b) 
Access.
Each lot shall front upon a public street or, in the case of a planned development, have access to a public way by access easement sufficient to meet the requirements of the fire code adopted by the city, governing access to buildings by fire apparatus. The frontage of each single-family detached residential, commercial, industrial and other lot on a public street shall not be less than that required by chapter 53, zoning, the provisions of which for the frontage of lots on a public street are incorporated herein by reference; provided that the minimum required frontage on a public street for single-family-detached residential lots situated on a cul-de-sac shall be 35 feet.
(c) 
Side lot lines.
Side lot lines in residential subdivisions shall be substantially at right angles to straight streets lines and radial to curved street lines. Except for culs-de-sac lots, street frontage shall not be substantially less in width than the width of the lot at building site location. The ratio of the lot depth to the average lot width shall not be greater than a 5:1 ratio.
(d) 
Extra depth and width.
Where a lot in a residential area backs up to a railroad right-of-way, a high pressure gasoline, oil or gas line, an industrial area, or other land use which has a depreciating effect on the residential use of property, and where no marginal access street or other street is provided, additional depth may be required by the planning and zoning commission. In no case shall a residential lot depth in excess of 175 feet be required. Where a residential lot sides to any of the situations stated in this subsection, additional width shall be required by the planning and zoning commission, but in no event shall a width in excess of 120 feet be required.
(e) 
Lot arrangement.
Lots for residential use should not front on or be contiguous at a side lot line to major thoroughfares or expressways. Lot arrangement in case of nonresidential uses is subject to the review and approval of the planning and zoning commission and council so that traffic congestion and movement problems are minimized whenever possible. Double fronting lots or lots with a side lot line contiguous to major thoroughfares or expressways may be allowed, after evaluation of the resulting exposure (i.e., fence, berm, wall) adjacent to the street.
(f) 
Subsequent platting.
At the option of the subdivider of a commercial and industrial subdivision, with recommended approval of the planning and zoning commission and approval of the council, the subdivider may plat all streets, easements, and minimum building lines, and at a subsequent date, plat the lots as individual subdivision plats consistent with the initial platting of streets and utilities.
(g) 
Utility lots.
Utility lots may be platted within subdivisions and minimum standards for lot width, area and uniformity are not required, per the zoning district (example: municipal & private utility access, gas lines, overhead electrical lines, pocket parks, landscape lots, trail head access, areas for grouping of mailboxes). Placement of utility lots are conditional upon staff review, and subdivision design should only allow utility lots where necessary. Where space constraints do not allow for utility lots, city staff may require an easement of appropriate size with a screening fence or wall protecting the easement and utilities from encroachment. All utility lots will be maintained by the applicable property owner's association.
(Ordinance 296, art. V, § 3, adopted 10/1/1996; Ordinance 439, art. V, § 3, adopted 11/24/2003; Ordinance 970, § 3(Exh. A), adopted 10/17/2017; Ordinance 1025, §§ 2, 3(Exh. A), adopted 2/5/2019; Ordinance 1177, § 1(Exh. A), adopted 12/6/2021)
(a) 
Layout.
Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall conform to the comprehensive plan of the city, if any, and other applicable plans, and shall be considered in their relation to existing and planned streets, to topographical conditions, public safety and convenience, and in their appropriate relationship to the proposed uses of land to be served. In particular, subdivision layout should provide for a minimum practical number of intersections with major arterials, and those intersections should be with collector streets at intervals of not less than 800 feet.
(1) 
When space constraints require The Vybe shared use path to be in the street:
•
All appropriate efforts should be made to create a separate "lane" for the shared use path, but the city recognizes there will be limited instances of lane sharing between golf carts, bicycles and other motorized vehicles;
•
The posted speed limit cannot exceed 35 miles per hour;
•
The shared use path should be clearly designated with appropriate striping, stenciling or signs.
(b) 
Relation to adjoining streets.
Where necessary to the street circulation pattern within a neighborhood, existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. Practical downsizing of streets will be permitted where obvious transition is from high to low traffic frequency and there are no comprehensive plan or transportation master plan thoroughfare requirements.
(c) 
Projection of streets.
Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the future projection of streets into such unsubdivided areas, unless otherwise provided by the comprehensive plan or transportation master plan. Subdivision plat design shall provide for the location of a reasonable number of street openings to adjoining properties. Such an opening shall occur at least every 1,000 feet or in alignment with existing or proposed subdivision streets along each boundary of the subdivision. An exception may be granted to this requirement if a natural or manmade barrier, such as a thoroughfare, railroad, etc., prevents its implementation. The developer shall convey or dedicate land to the appropriate public entity for the future projection of collector and larger streets into adjoining, unsubdivided areas. For the future projection of local streets, the developer shall either dedicate land or convey to the city, by general warranty deed, a fee simple on condition subsequent estate in one or more lots. If the city, by resolution of the council, ever determines that the property will not be needed for street extension, the grantor (or successor) shall have the right to reenter and assume ownership of the property. A residential lane shall connect only to another residential lane or to a local residential street, either existing or proposed to be constructed concurrently with the residential lane in a single phase of development, and shall not be constructed as a dead-end residential lane provided to connect with a future street in adjacent land.
(d) 
Intersections.
Off-center street intersections will not be approved, however jogs with centerline offsets of more than 180 feet may be submitted for consideration.
(e) 
Curvilinear streets.
(1) 
Street classification.
Street Classification
Minimum Curve Radius to Centerline of Street
(in feet)
Local street
275
Collector street
375
Arterial street
725
Major thoroughfare
1,000
(2) 
The planning and zoning commission and the council may approve local residential streets with smaller radii than those required in subsection (e)(1) of this section in special circumstances (consistent with the use of the street).
(f) 
Half streets.
No new half streets shall be platted except in the case where such a street is to be a major thoroughfare.
(g) 
Street intersections.
(1) 
More than two streets intersecting at one point shall not be permitted.
(2) 
No street shall intersect any other street at an angle of less than 60 degrees and curb radii at the corner shall be adjusted accordingly.
(3) 
Major thoroughfare intersections shall have property line corner chords with a minimum tangent distance of 30 feet.
(4) 
Curb radii at intersections, including alley openings, shall be a minimum of 25 feet, measured from face of curb, except in commercial or industrial developments where the radii shall be a minimum of 30 feet.
(h) 
Culs-de-sac.
(1) 
Streets ending in a cul-de-sac shall generally not exceed 600 feet in length, nor 200 feet in the case of a residential lane.
(2) 
Minimum cul-de-sac dimensions shall be as follows:
Usage Area
Pavement Radius
(in feet)
Right-of-Way Radius
(in feet)
Residential
45
55
Commercial/industrial
50—65
60—75
(i) 
Comprehensive plan/transportation master plan street.
Where subdivision embraces a street as shown on the comprehensive plan or the transportation master plan of the city, such street shall be platted consistent with the location, purpose and width indicated by the comprehensive plan or the transportation master plan, as applicable.
(j) 
Local streets.
Minor streets shall be laid out to discourage use by through traffic.
(k) 
Pavement and right-of-way width.
(1) 
Minimum standards.
All pavement widths referred to in the table in this subsection are from curb face to curb face. Where a range of pavement or right-of-way width is shown, such decision shall be made during the subdivision approval process. Direct access from abutting property to arterial streets and major thoroughfares will be restricted.
Standard Category
Pavement Width
(in feet)
Right-of-Way Width
(in feet)
Pedestrian Path (The Vybe)
12
*20
Residential Lane
28
60
Local Street
30—36
60
Collector Street
38
60
Arterial Street
44—48
80
Major Thoroughfare
66—70
100—120
Notes:
* If found appropriate, a municipal access and utility easement may be utilized in lieu of right-of-way dedication.
(2) 
Depending on traffic patterns, densities, needs and other related factors, the city can require:
a. 
Additional pavement width and/or right-of-way width for major thoroughfares, including expressway sections.
b. 
If a street pavement section is divided, the total width of each of the pavement sections shall not be less than the widths in subsection (k)(1) of this section.
c. 
Additional right-of-way in vicinity of intersections of collector, arterial and major thoroughfare roadways to adequately accommodate turning movements and/or property access needs.
d. 
Additional easements needed to provide for utilities.
(3) 
If a street within a subdivision serves as an entrance to the subdivision at an intersection with a collector street, the entry street within the subdivision shall be a divided street for a distance of not less than 150 feet into the subdivision from the intersection with the collector street, with the required additional right-of-way and pavement widths.
(l) 
Typical sections.
(1) 
Subject to the requirements of the subsection (l)(2) of this section, typical street sections shall be based upon projected traffic volume, existing soil conditions, drainage condition and requirements. The design shall be in conformance with good engineering practices, this section and the recommendations of a geotechnical analysis of the site. The street sections shall be based on a 20-year life and the following loading shall be used as a minimum design standard:
a. 
Residential lane and alleys 20,000, 18 Kip axle repetitions.
b. 
Local street 20,000, 18 Kip axle repetitions.
c. 
Collector street 100,000, 18 Kip axle repetitions.
d. 
Arterial street 400,000, 18 Kip axle repetitions.
e. 
Major thoroughfare 500,000, 18 Kip axle repetitions.
(2) 
Notwithstanding subsection (l)(1) of this section, minimum requirements for typical street sections may be approved and adopted by the city council from time to time and if the requirements specified in any such minimum standards shall exceed the requirements resulting from the application of the subsection (l)(1) of this section then, in that event, such minimum standards shall govern.
(m) 
Street grades.
(1) 
Streets other than local streets shall have a maximum grade of eight percent, unless the city engineer shall concur that the natural topography requires steeper grades, in which case a ten percent grade may be used, if the site distance is adequate and there are no intersections at the top or bottom of the grade within the calculated stopping distance based upon the speed limit plus ten miles per hours.
(2) 
Local streets may have a maximum grade of ten percent.
(3) 
All streets must have a minimum grade of at least 0.5 of one percent.
(4) 
Centerline grade changes with an algebraic difference of more than two percent shall be connected with vertical curves of sufficient length to provide sight distance on major streets as required for 45 mile per hour traffic; and sight distance on minor streets and local residential streets as required for 30 mile per hour traffic.
(5) 
Whenever a cross slope is necessary or desirable from one curb to the opposite curb, such cross slopes shall not exceed 12 inches in 30 feet. Streets designed with super elevated curves shall conform to the standard highway design for such curves.
(n) 
Bonded contractor.
All street construction shall be performed by a bonded contractor.
(o) 
Signs and markers.
The developer shall pay the cost of purchasing and installing all required posts, signs and markers for all streets, which posts, signs and markers shall comply with the Texas Department of Transportation Uniform Traffic Control Manual.
(p) 
Adjacent streets fee.
The developer's obligations concerning adjacent lane miles of existing streets are as follows:
(1) 
Local, collector streets.
a. 
Dedicate land for one-half of the required right-of-way of an adjacent local and collector street; and
b. 
Pay the city operations and maintenance fee, as assigned in the associated fee schedule, and administered by the community development department and/or city engineer's office.
(2) 
Arterial and larger streets.
a. 
Dedicate a proportional share of the right-of-way for arterial and larger streets; and
b. 
Pay the city operations and maintenance fee, as assigned in the associated fee schedule, and administered by the community development department and/or city engineer's office.
(3) 
Designated, state or federal roadways.
a. 
Dedicate a proportional share of the right-of-way;
b. 
Pay the city operations and maintenance fee, as assigned in the associated fee schedule, and administered by the community development department and/or city engineer's office;
c. 
Pay the improvements cost for, or build, improvements required by a traffic impact analysis for the development; and
d. 
Secure said obligations by a letter of credit, escrow account, or other means approved by city council.
(4) 
Fee schedule table.
A
B
C
D
E
Land Use Category
Trips per Day
Cost Multiplier
No. of DUs
GFA* ÷ 1,000
1
Single-Family Detached
9.52
$129.00
 
 
2
Single-Family Attached
5.81
$65.00
 
 
3
Multifamily
6.65
$81.00
 
 
4
Office
11.03
$112.00
 
 
5
Retail
44.32
$34.00
 
 
6
Shopping Center
42.7
$40.00
 
 
7
Warehouse/Storage
3.56
$129.00
 
 
8
Manufacturing
3.82
$118.00
 
 
9
Industrial
6.97
$71.00
 
 
10
Institutional
12.7
$51.00
 
 
Table Notes: Residential uses (rows one, two, and three) are computed by multiplying columns B, C, and D. Commercial uses (rows four through ten) are computed by multiplying columns B, C, and E. Mixed use and multi-use projects will be assigned their fees cumulatively, based on the percentage of each land use on the subject parcel.
(5) 
Timing.
Fees for residential use categories are payable at the time of final platting. Fees for commercial use categories are payable at the time of development/building permit, and shall similarly have a note affixed to the final plat.
(6) 
Perimeter road fees can be appealed to the mayor and city council for alternative compliance. A traffic impact analysis, prepared by a state-certified engineering entity, will be required to indicate how the plan for alternative compliance meets the intent of this fee.
(p1) 
Exception for homesteads.
(1) 
Financial obligations related to operations and maintenance as set forth in this article may be waived or reduced by the city manager or designee for property owners subdividing their property for the sole purpose of creating a homestead under the following terms and conditions:
a. 
A property owner must be subdividing property for the sole purpose of creating a homestead on an area of land no larger than one acre;
b. 
The property being subdivided for homestead purposes cannot be subdivided into more than two tracts or parcels;
c. 
Only single-family homes as defined by the city's zoning ordinance (chapter 53, Code of Ordinances) may be allowed on the property subdivided to be used as a homestead; and
d. 
A waiver of the city manager or designee shall be in writing and filed with the city secretary, and the city council may be informed of all waivers.
(2) 
If a waiver is not granted by the city manager or designee, the property owner denied such waiver shall have the right to appeal the denial of waiver to the city council. A public hearing to determine whether a property owner should be granted a waiver shall be conducted before the city council. By majority vote, the city council may grant such waiver.
(q) 
Monuments.
(1) 
The surveyor responsible for the plat shall place permanent monuments in accordance with the standards of the state board of registration for professional land surveyors.
(2) 
The location of monuments shall be shown on the final plat.
(3) 
All lot corners and street rights-of-way shall be set with a marker of a permanent nature (i.e., iron rod, pipe, etc.).
(4) 
All monuments shall be in place at the time of acceptance of utilities and streets.
(r) 
Installation costs.
The developer shall pay all costs for the installation of streets in a subdivision, including those streets and related drainage structures that are deemed by the planning and zoning commission and/or the council to be required because:
(1) 
A substantial amount of traffic will be generated from, to or through the subdivision because of existing and/or future conditions;
(2) 
The city's comprehensive plan, transportation master plan, or street plan, indicates a need for certain major thoroughfares through or adjacent to the subdivision; or
(3) 
The city's ordinances requires the installation of frontage roads or similar special access arrangements.
(Ordinance 296, art. V, § 4, adopted 10/1/1996; Ordinance 296-2, § 1, adopted 8/17/1999; Ordinance 439, art. V, § 4, adopted 11/24/2003; Ordinance 819, §§ 3, 4, adopted 8/19/2014; Ordinance 894, § 1(Exh. A), adopted 3/15/2016; Ordinance 1155, § 7, adopted 7/20/2021; Ordinance 1182, §§ 1, 2(Exh. A), adopted 2/2/2022)
(a) 
Required.
Curbs and gutters shall be required to be constructed on all streets. Standard curb and gutter profiles shall be required for all streets except as provided otherwise in this section. Reinforced concrete ribbon curbs having a width of not less than 18 inches may be substituted for standard curbs and gutters in a large lot subdivision, or estate size lot subdivisions designed and platted for single-family residences; provided that:
(1) 
No lot within the subdivision will be less than one acre in size;
(2) 
Standard curbs and gutters are not found by the city to be necessary or desirable for drainage and stormwater control; and
(3) 
Standard curbs and gutters shall be installed for any street or part thereof as advisable for drainage and stormwater control.
(b) 
Intersections.
Standard curbs and gutters shall be constructed at each corner upon each block to which curbs and gutters are constructed; except for streets in subdivisions in which lay-down curbs are permitted under subsection (a) of this section.
(c) 
Valley gutters.
Concrete valley gutters shall be constructed across all alleys at street intersections.
(Ordinance 296, art. V, § 5, adopted 10/1/1996; Ordinance 439, art. V, § 5, adopted 11/24/2003)
Crosswalk ways ten feet in width shall be dedicated where deemed necessary by the planning and zoning commission and/or council to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Crosswalk ways shall be provided, when required by a development, with a concrete sidewalk six feet wide constructed to city specifications and ramped at street intersections.
•
Relating to The Vybe trail system and shared use paths:
 
º
As much as possible, the shared use path should be grade separated, at intersections with streets.
 
º
Underpasses should be built with a minimum 12 feet by 10 feet (12 feet wide by 10 feet tall) concrete box culvert. RGB LED lighting should be installed in each culvert and underpass.
 
º
Where at grade crossings must occur, safety beacons such as HAWK signals shall be implemented.
(Ordinance 296, art. V, § 6, adopted 10/1/1996; Ordinance 439, art. V, § 6, adopted 11/24/2003; Ordinance 1182, §§ 1, 2(Exh. A), adopted 2/2/2022)
(a) 
Watershed protection.
The watershed provisions contained herein are deemed necessary for the following reasons:
(1) 
The watersheds within the city's jurisdiction contribute significantly to the city's drinking water supply.
(2) 
Waterways and their associated watersheds within the city's jurisdiction represent significant recreational and aesthetic resources and contribute to the city's public health.
(3) 
The future of the city is dependent on an adequate quality and quantity of water, a pleasing natural environment, recreational opportunities in close proximity to the city as well as the protection of people and property from the hazards of flooding.
(4) 
All watersheds within the city's jurisdiction are vulnerable to nonpoint source pollution and sedimentation resulting from development activities.
(5) 
All watersheds within the city's jurisdiction are undergoing development or are facing development pressure.
(6) 
If watersheds within the city's jurisdiction are not developed in a sensitive and innovative manner, water resources, natural environment, and recreational characteristics may be irreparably damaged.
(7) 
Protection of critical environmental features is necessary to protect water quality in those areas most susceptible to pollution.
(8) 
It is important to protect the water supply and the natural environment of all watersheds for existing and future generations of citizens of the city.
(9) 
The city may adopt additional appropriate development rules and regulations for the purpose of protection of the watersheds and aquifers within its jurisdiction as a facet of its overall program for the control and abatement of pollution resulting from generalized discharges of pollution which are not traceable to a specific source, such as urban runoff from rainwater; and for the abatement of the risks related to flooding within the watersheds.
(b) 
Stormwater management.
In order to achieve the purposes in subsection (a) of this section, this section provides for stormwater management systems. All development plans and subdivision plats submitted to the city shall comply with the provisions of this article and section and any other applicable regulations; specifically, the city's construction standards and specifications for roads, streets, structures and utilities and applicable Texas Commission on Environmental Quality rules. Plats of developed property on which no new structures or additional impervious coverage is planned shall be exempt from the provisions of this section.
(1) 
Stormwater management system requirements.
The planning and zoning commission shall not recommend approval for any plat, plan or subdivision which does not meet the minimum requirements of this chapter in making adequate provision for control of the quantity of stormwater and/or groundwater runoff to the benefit of both future owners of property within the subdivision and other lands within the watershed. It shall be the responsibility of the subdivider to design and construct a system for the collection and transport of all stormwater runoff flowing onto and generated within the subdivision in accordance with:
a. 
The requirements of these regulations.
b. 
Chapter 17, article II, pertaining to flood hazard area regulations.
c. 
Good engineering practices.
d. 
Approved plans.
e. 
The principles of stormwater law established by the state water code.
(2) 
Basic design objectives.
In general, the stormwater management system shall be designed and constructed in a manner which promotes the development of a network of both natural and built drainageways throughout the community so as to:
a. 
Retain natural floodplains in a condition that minimizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems and groundwater and surface water.
b. 
Reduce exposure of people and property to the flood hazard and nuisance associated with inadequate control of runoff.
c. 
Systematically reduce the existing level of flood damages.
d. 
Ensure that corrective works are consistent with overall city goals.
e. 
Minimize erosion and sedimentation problems and enhance water quality.
f. 
Protect environmental quality, social well-being and economic stability.
g. 
Plan for both the large flooding events (25-year and 100-year) and the smaller, more frequent flooding (two-year and ten-year) by providing both major and minor drainage systems.
h. 
Minimize future operational and maintenance expenses.
i. 
Reduce exposure of public investment in utilities, streets and other public facilities (infrastructure).
j. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public.
k. 
Acquire and maintain a combination of recreational and open space systems utilizing floodplain lands.
l. 
Preserve natural drainage patterns and limit the amount of impervious cover so as to prevent erosion, maintain infiltration and recharge of local seeps and springs, and attenuate the harm of contaminants collected and transported by stormwater.
(3) 
General design requirements.
a. 
The storm drainage system shall be separate and independent of any sanitary sewer system and its use shall not interfere with the operation and maintenance of road networks or utility systems.
b. 
Each lot, site and block within the subdivision shall be adequately drained as prescribed in the city's construction standards. Any use of retaining walls or similar construction shall be indicated on the preliminary plan and the city engineer may require construction plans.
c. 
No subdivision shall be approved which would permit building within a regulatory floodway of any stream or watercourse. The planning and zoning commission may, when it deems necessary for the protection of the health, safety or welfare of the present and future population, recommend the subdivision and/or development of any property which lies within a designated regulatory floodplain of any stream or watercourse be prohibited.
d. 
No lot or building site within a subdivision shall derive sole access to a public street across a waterway unless such access shall be constructed to remain open under 25-year design storm conditions.
e. 
Areas subject to inundation under design storm conditions shall be indicated with the minimum floor elevation of each lot so affected on a certified copy of the preliminary plan submitted. The planning and zoning commission may, when it deems necessary for the protection of the health, safety or welfare of the present and future populations, recommend placing restrictions on the subdivision, regarding the design and use of areas within a drainageway. The council shall not approve any subdivision of land within the floodplain of any stream or watercourse unless the applicant demonstrates that the subdivision and all development anticipated therein will comply with the requirements of this chapter and chapter 17, article II, pertaining to flood hazard area regulations.
f. 
Design of all drainage facilities, including streets, inlets, storm sewers, outfall, culverts and ditches, shall conform with the city's construction standards and specification for roads, streets, structures, and utilities.
g. 
All facilities shall be designed to intercept, detain and transport the projected runoff from the two-year, ten-year and 25-year frequency storm. Overflow and/or transport provisions shall be provided for 100-year storms.
h. 
Projected runoff rates for the design of drainage facilities shall be based on the expected ultimate developed state of the upstream contributing area. Said ultimate developed state shall be based on the maximum intensity allowable under existing zoning as applicable, the city's comprehensive plans, and approved plans within the contributing area.
i. 
All development establishing impervious cover or otherwise modifying an existing site shall incorporate facilities to prevent any increase in the peak rate of runoff from a two-year, ten-year, 25-year and 100-year frequency storm. The city engineer may waive this requirement under one or more of the following circumstances:
1. 
Approved off-site storage is provided for the required regulation of peak flows and adequate conveyance of stormwater flows from the site to the off-site storage facility is demonstrated.
2. 
Development of a one-, two-or three-family residential structure on any legally platted lot creates no more impervious ground cover than 30 percent of the gross lot surface area exclusive of any area within the 100-year floodplain.
3. 
Certified engineering data and calculations are presented which demonstrate the absence of adverse impact on all downstream conveyances and property between the downstream property line and the receiving major waterway.
4. 
Certified engineering data and calculations are presented which fully describe, explain and justify recommended alternative to detention.
5. 
The increase in runoff does not exceed ten percent of the existing condition runoff up to a maximum increase of five cubic feet per second, and said runoff does not affect adjoining property.
6. 
The property is adjacent to a major waterway and in the judgment of the city engineer, waiver of detention requirements will not result in an increase in the peak flood flow of the major waterway.
Waiver of this requirement for any reason shall not relieve the owner of responsibility under civil law to adjacent and downstream property owners.
j. 
Design of major drainageways through a subdivision and major structures such as box culverts or bridges across a major drainage channel shall be coordinated with the requirements of the county when any portion of the subdivision lies outside the city limits.
k. 
Drainage channels.
1. 
The limits of the 25-year and 100-year storm event shall be determined for watercourses draining 50 acres or more. Calculations for storm events shall utilize generally recognized backwater computational methods and actual field channel and overbank configuration.
2. 
No importation of fill material or channel modifications shall be undertaken within the area of the 100-year floodplain without written approval of the city engineer. Such approval shall be based upon certified engineering data and calculations furnished by the applicant.
3. 
All constructed or modified earthen channels shall be limited to areas outside the boundary of subdivision and shall be designed utilizing a side slope of 33 percent, or flatter, to allow for future maintenance and promote adequate slope stability. As a minimum, all slopes shall be hydro-mulched and seeded with erosion control matting, sodded, or seeded. Prior to lapse of two-year warranty period all disturbed areas shall have substantial vegetative growth and ground cover.
l. 
Streets and storm sewer.
1. 
All street sections shall be in accordance with city standards. The allowable design drainage capacity for stormwater flow at the gutter shall be no deeper than one inch above the top of the curb.
2. 
Depth of flow in streets is to be controlled to allowable levels by modification of crossfall, gradient changes, or the placement of curb inlets, and storm sewers or the use of other appropriate, city engineer approved, alternatives for streets where ribbon curb is permitted by section 41-138.
m. 
Bridges and culverts.
1. 
All bridge and culvert structures shall be designed to carry and/or contain the upstream runoff from a 25-year storm.
2. 
Runoff from a 100-year storm shall not top the road surface at bridge or culvert crossings for an arterial or thoroughfare crossing and shall not exceed a depth of six inches on a local street crossing.
3. 
All bridge and culvert structures shall be designed such that the structural integrity of the roadway shall not be diminished by a 25-year or 100-year storm event.
n. 
Computations, plans and construction.
1. 
Plans and computations for proposed drainage facilities shall be certified with the seal of the design engineer, and submitted to the city engineer for acceptance prior to approval of construction plans.
2. 
Computations for all drainage-related design shall be submitted with the plans for review. Data submitted shall include a drainage area map, a summary of methodology employed and resulting data, land use and runoff coefficient assumptions, and other pertinent hydrologic and hydraulic data.
3. 
The city shall make such inspections as are deemed necessary to ensure proper installation.
4. 
Following construction, but prior to acceptance of improvements or issuance of a building permit, the design engineer shall furnish one set of reproducible record plans for each project, bearing certification by a licensed professional engineer.
5. 
Neither the review nor approval of such plans nor the inspection of the completed work will create any liability on the part of the city.
o. 
Building permits and utility connections.
1. 
Plans submitted for building permits and/or utility connections, other than single-family residential or duplex construction and those projects already in compliance with this chapter, shall include the necessary drainage-related facilities designed and provided for in compliance with this chapter and the city's construction standards.
2. 
Plans and design calculations for all drainage facilities shall be submitted to the city engineer for acceptance prior to issuance of any permit within the development or subdivision.
p. 
Drainage easements.
1. 
General requirements. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, or where a detention/filtration facility is required, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse or facility, and of such width and construction to contain the design storm and required freeboard. When parking lots or other approved use areas serve a dual function, including detention, those areas shall be designated on the plat as detention areas.
2. 
Design requirements.
(i) 
Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least 20 feet in width for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.
(ii) 
When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and filed of record, documented on the plat, and drawn on the construction plans.
(iii) 
Low-lying lands along watercourses subject to flooding or overflowing during storm periods shall be preserved and retained in their natural state as drainageways except where modification can be shown to benefit the community and as approved by the council. All development activity within the regulatory floodplain must comply with the city's and the Federal Emergency Management Agency (FEMA) floodplain management regulations.
(iv) 
All sedimentation, filtration, detention and/or retention basins and related appurtenances shall be situated within a drainage easement. The owners of the tracts upon which are located such easements, appurtenances, and detention facilities shall maintain same and be responsible for their upkeep. Notice of such duty to maintain shall be shown on the plats.
q. 
Drainage facilities shall be designed to serve the entire subdivision. For all subdivisions, design of drainage facilities shall be completed with other required construction plans in order to ensure adequate drainage easements and other reservations on the plat.
r. 
The requirements set forth herein are not intended to be exhaustive and wherever it is necessary to make additional requirements in order to maximize the effectiveness of the drainage plan in question, such requirements shall be made by the planning and zoning commission. Variances to these requirements may be allowed pursuant to this chapter only when said variance will not result in drainage-related problems sought to be prevented by these regulations.
(4) 
Industrial uses.
a. 
An applicant proposing any industrial use, as defined in the city comprehensive plan or chapter 53, pertaining to zoning, and which is not completely enclosed within a building, must provide a pollutant attenuation plan which:
1. 
Proposes methods to capture all surface water runoff from developed areas to contain and filter pollutants generated on-site.
2. 
Controls dust and other particulate matter generated on-site, to meet the state commission on environmental quality standards for urban areas.
b. 
The design of storage facilities for hydrocarbon or hazardous substances, including leak detection systems, spill containment areas or other control measures shall meet the following requirements:
1. 
Underground storage facilities. Facilities for the underground storage of static hydrocarbon or hazardous substances shall be of double walled construction or of an equivalent method approved by the city engineer. Methods for detecting leaks in the wall of the storage facility shall be included in the facility's design and review prior to issuance of appropriate permits for construction.
2. 
Aboveground storage facilities. Facilities for the aboveground storage of static hydrocarbon or hazardous substances shall be constructed within controlled drainage areas that are sized to capture 1½ times the storage capacity of the facility and that direct any spillage to a point convenient for collection and recovery. The controlled drainage area shall be constructed of a material suitably impervious to the material being stored.
c. 
All transport facilities for hydrocarbons and hazardous substances shall be approved by the city engineer.
(5) 
Minimum criteria for issuance of floodplain development permit.
Pursuant to chapter 17, article II, pertaining to flood hazard area regulations, as amended from time to time, and similar provisions enforced by the county, a floodplain development permit shall be required such that:
a. 
Development or alteration of the floodplain shall result in no increase in water surface elevation of the design storm of the waterway.
b. 
Development or alteration of the floodplain shall not create an erosive water velocity on or off the site. The mean velocity of stream flow at the downstream end of the site after development or alteration shall be no greater than the mean velocity of the stream flow under existing conditions.
c. 
Development or alteration of the floodplain shall be permitted by equal conveyance on both sides of the natural channel.
d. 
Relocation or alteration of the natural channel shall not be permitted without an environmental assessment, including a stream rehabilitation proposal.
e. 
The toe of any fill shall parallel the natural channel to prevent an unbalancing of stream flow in the altered floodplain.
f. 
To ensure maximum accessibility to the floodplain for maintenance and other purposes, and to lessen the probability of slope erosion during periods of high water, maximum slopes of filled area shall not exceed a 3:1 ratio for 50 percent of the length of the fill and a 6:1 ratio for the remaining length of the fill. The slope of any excavated area not in rock shall not exceed a 4:1 ratio. Vertical walls, terracing and other slope treatments will be considered if no unbalancing of stream flow results.
g. 
Whenever feasible, the integrity of the natural waterway channel will be protected.
h. 
A landscape plan shall be required, and shall include plans for erosion control of cut and fill slopes, restoration of excavated areas and tree protection where possible, both in and below the fill area. Landscaping should incorporate natural materials (earth, stone, or wood) on cut or fill slopes whenever possible.
i. 
The effects of existing or proposed public and private improvements shall be used in determining water surface elevations and velocities.
j. 
Any alteration of the floodplain shall not cause any additional expense in current or projected capital improvements, nor should said alteration cause additional maintenance costs to be incurred by the city.
(c) 
Minimum requirements.
This subsection establishes further general and minimum standards. In the event of any conflict between any of the following and any other requirement of this section, the higher standard shall govern and control:
(1) 
Drainage structures.
Drainage structures shall be constructed in compliance with this chapter and in such locations and of such size and dimensions to adequately serve the subdivision and associated drainage area. The developer shall be responsible for all costs for the installation of the drainage system required to accommodate the needs of the subdivision being developed, to include the carrying of existing water entering or leaving the subdivision.
(2) 
Right-of-way.
In new subdivisions, the developer shall provide all the necessary easements and rights-of-way required for drainage structures, including storm sewer and open, paved or riprapped channels.
(3) 
Storm sewers and curb inlets.
Storm sewers shall be provided and curb inlets located so as to properly drain all streets and intersections.
(4) 
Standards.
The design, size, and location of all storm drainage facilities shall equal or exceed the city's minimum construction standards and be approved by the city engineer and director of public works. All storm sewer shall be constructed of reinforced concrete pipe or box.
a. 
Drainage ditches.
Only open, paved or improved drainage ditches, as accepted by the planning and zoning commission and council, shall be constructed across a portion or the entire subdivision being developed.
b. 
Storm sewer.
Water entering into the streets, in excess of what gutters will carry at maximum flow, shall be diverted into storm sewers. Capacity of storm sewers and channels shall be calculated by Manning's formula or other methods approved by the city engineer or director of public works.
(5) 
Detention.
Except for existing single-family residences on legally platted lots, all subdivisions and development establishing impervious cover or otherwise modifying an existing site shall incorporate facilities to prevent any increase in the peak of runoff from the two-year, ten-year, 25-year and 100-year frequency storms.
(Ordinance 296, art. V, § 7, adopted 10/1/1996; Ordinance 439, art. V, § 7, adopted 11/24/2003; Ordinance 994, § 1, adopted 5/15/2018)
(a) 
Rear and side lots.
Each block that does not contain an alley, shall contain or have access to a municipal utility easement at the rear of each lot, and/or at other appropriate locations on each lot, as determined by the city's engineer and/or public works director and/or their designees. The easement(s) will be reserved for the use of all public utility lines, conduits and equipment. Programming for utility locations in the easements will be reserved to the city, and placement of utilities in municipal utility easements require expressed, written prior authorization from the city. In the case of rear lot locations, the utility easements shall be no less than ten feet in width. For properties with required building rear yards, the rear yard easement will be no less than ten feet in width, or the width of any applicable setback, whichever is less. In side lot locations, the utility easements shall be no less than five feet in width. For properties with required building side yards, any required side yard easement will be no less than five feet in width, or the width of any applicable setback, whichever is less. Unless abutting an alley, water and wastewater utility easements in the rear are not favored and will not be approved except under special circumstances.
(b) 
Drainage.
Required drainage easements shall allow for a minimum of 15 feet in width in addition to any width required for a drainageway structure. This easement may be split between drainageway sides but one side (easement) may be no less than ten feet in width unless access and maintenance provisions are provided by other dedicated right-of-way. All public utility easements shall also be dedicated for use as drainage easements.
(c) 
Utilities.
The developer shall arrange with the appropriate utility department and/or company for the payment and/or refund of construction costs of each utility involved.
(d) 
Easements abutting streets.
A 15-foot wide municipal easement abutting the right-of-way of each street shall be dedicated as an easement for utilities, drainage and excavation and/or embankments. For properties with required building front yards, any required front yard easement will be no less than 15 feet in width, or the width of any applicable setback, whichever is less. Programming for utility locations in the easement will be reserved to the city, and placement of utilities in municipal utility easements require expressed, written prior authorization.
(e) 
Electrical, telephone and other lines.
All electrical, telephone, cable television and similar lines shall be placed underground in the municipal utility easement, and within the assignment directed by the city. Such lines shall be installed in accordance with the regulations and requirements established by each utility or service company, as applicable, and city ordinance. As authorized by V.T.C.A., Local Government Code ch. 212, the city council may waive this requirement for good cause, and permit such lines to be installed above ground.
(f) 
Private or gated communities.
Public utilities may be allowed within the confines of a private or gated community upon the approval of the city engineer and/or public works director and/or their designees. This allowance applies only to a private or gated community of single-family homes. Multifamily projects that are private or gated shall have private utilities within the project and be served by a master meter on the public side periphery of any fence or gate, in which there is proper access granted for access as determined by the city engineer and/or public works director and/or their designees, or his designee.
(g) 
Property owner's maintenance obligations.
(1) 
The property owner(s) abutting a municipal utility easement is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, or other vegetative maintenance as needed for similarly used properties in the market in which the property is located. Any landscaping required by applicable city code, deed covenant, and/or subdivision plat must be maintained by the property owner in a healthy, growing condition at all times. Any plant that dies must be replaced by the property owner with another approved plant variety, generally of the same size, that complies with the approved landscape plan within 90 days after notification by the city.
(2) 
Any damage to utility lines resulting from the negligence of the property owner, his agents, or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials, and return them to their prior locations after the utility work. If, nevertheless, some plant materials die, it is the obligation of the property owner to replace the plant materials.
(3) 
If owner does not perform the required maintenance, then city, after giving the owner 30 days' written notice, will have the right to perform the maintenance and receive reimbursement from owner. Reimbursement will be payable on demand and include the costs of the maintenance, plus interest at the highest rate permitted by law (or if no maximum rate is prescribed by law, at the rate of 18 percent per year).
(h) 
Owner's reservations and encroachments.
Owner for itself, its successors, and assigns will retain the right to continue to use and enjoy the surface of the municipal utility easement for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the easement. Provided however, that owner may not install, construct, operate, use, maintain, repair, modify, upgrade, and replace any building, building appurtenance (eaves, bay windows, utility boxes, air conditioning pads, etc.), gate, fence, retaining wall, or other similar improvements either above or below the surface without approval by the city engineer. City may condition its approval by requiring the owner to make building design modifications and/or other improvements as may be reasonably required in the opinion of the city engineer to ensure public safety and the city's use or enjoyment of the municipal utility easement.
If a private or gated community is allowed to have public utilities then all utilities inside of the private or gated community shall be placed within an easement of sufficient size, as accepted by the city engineer and/or public works director and/or their designees, or his designee, and which easement shall have in addition to standard requirements, added the following characteristics:
(1) 
Shall be superior to any other easements or rights-of-way, whether private or public, such that future repairs to the utility shall not be impeded by failure of another entity to provide sufficient permission to proceed;
(2) 
Permission to utilize existing private drives or roadways to facilitate a repair, including but not limited to:
a. 
Access;
b. 
The temporary storage or stockpile of material;
c. 
The ability to temporarily close access, entirely or in part, on a private drive or roadway;
d. 
Removal of vehicle(s) that may be impeding a repair.
(3) 
Permission to cut or otherwise demolish portions of private drives or roadways needed to facilitate a repair, to include the waiver of any requirement to return the private drive or roadway affected to its original condition.
(4) 
City, at its sole cost and expense, shall be obligated to restore the surface of the soil of the easement that has been removed, relocated, altered as a result of city's use of the easement. City will not be obligated to restore or relocate any other improvements, including, but not limited to, irrigation systems, walkways, driveways, access roads, parking areas, fences, landscaping items, and any movable structures such as benches, gazebos or other similar items, located in, upon, under or across the easement.
(Ordinance 296, art. V, § 8, adopted 10/1/1996; Ordinance 439, art. V, § 8, adopted 11/24/2003; Ordinance 893, § 2, adopted 3/15/2016; Ordinance 985, § 4(Exh. A), adopted 2/20/2018)
(a) 
Water mains.
Water mains shall be a minimum of eight inches in diameter. Water mains smaller than eight inches may be constructed to serve blocks with no more than six dwelling units, taking into account:
(1) 
The recommendation of the design engineer for the developer;
(2) 
Peak demands for domestic and irrigation use of water;
(3) 
Fire protection and hydrant coverage;
(4) 
Growth and development possibilities for the area; and
(5) 
Approval of the city engineer and director of public works.
(b) 
Sewer mains.
Sewer mains shall be a minimum of eight inches in diameter.
(c) 
Sewer cleanouts.
Each home or building drain shall be provided with a cleanout near the junction of the building drain and building sewer in accordance with the plumbing code. A sewer yard line clean out shall be installed by the subdivider at the junction of each sewer yard line and the city service line.
(d) 
Construction period.
Water and sewer lines, including short side and long side taps, shall be installed during the construction phase of the subdivision. The subdivider will bring all valves and manholes within the subdivision boundary to grade prior to final acceptance.
(e) 
Fire hydrants.
Fire hydrants shall be used at the end of culs-de-sac.
(f) 
Septic tanks.
(1) 
No subdivision may be developed for any lots to be served by a septic tank if public sewer service is available within one-quarter mile of any boundary of the tract or tracts of land out of which the subdivision is proposed to be developed.
(2) 
No permit shall be issued for the installation of a septic tank on any lot, tract or parcel within the jurisdiction of the city if adequate sewer service is available within 500 feet of the property line of the lot to be sewered.
(3) 
No subdivision of lots within the city, or within the extraterritorial jurisdiction of the city, which depends in whole or in part on septic tanks or a septic tank system shall be approved unless the subdivision qualifies under subsection (f)(1) of this section and the lots meet the greater of the minimum lot size required by state regulations or the county rules for on-site sewage facilities, whichever is larger.
(Ordinance 296, art. V, § 9, adopted 10/1/1996; Ordinance 439, art. V, § 9, adopted 11/24/2003)
(a) 
Required.
(1) 
Sidewalks are required within and at the perimeter of residential subdivisions. Perimeter sidewalks are required when adjacent to public ROW and access easements and will be required as appropriate to the area and use in commercial and industrial subdivisions. Sidewalks shall be not less than five feet in width and shall be designed to allow appropriate space for street trees between the sidewalk and back of curb. Such sidewalks shall be installed and constructed on both sides of each residential street and be situated wholly within the dedicated right-of-way. If the sidewalk cannot be located within the right-of-way, a dedicated easement is required.
(2) 
Sidewalk fee in lieu of construction of the [sidewalk] is allowed by determination of city engineer or designee.
a. 
If the project has a portion of The Vybe trail system within or adjacent to the project, a 10- to 12-foot wide shared use path is required to be constructed (see city standard detail).
1. 
In most cases, the shared use path shall be located in natural areas and as much as possible, avoid flood ways and/or drainage areas.
2. 
If adjacent to a street, then the shared use path shall replace the required five-foot sidewalk.
3. 
Due to space constraints, the shared use path may be on streets. See subsection 41-137(a) streets, layout for details. If in the street, the five-foot sidewalk will still be required.
b. 
Exceptions.
All existing single-family parcels or proposed single-family subdivisions of four (4) or fewer lots/units shown within the boundary identified in Map-1 are not required to meet the sidewalk requirements.
(b) 
Parkways.
Parkways shall be excavated, or filled, as required to result in a three to one grade or as detailed on approved construction plans.
(c) 
Americans with disabilities.
Sidewalks shall conform to the city construction standards and meet all requirements of the state accessibility standards.
Map 1
(Ordinance 296, art. V, § 10, adopted 10/1/1996; Ordinance 439, art. V, § 10, adopted 11/24/2003; Ordinance 1182, §§ 1, 2(Exh. A), adopted 2/2/2022; Ordinance 1341 adopted 10/2/2024)
(a) 
Generally.
Alleys need not be provided unless they are recommended by the planning and zoning commission and approved by the council. Where alleys are provided the pavement width shall be not less than 20 feet, and in no case shall the right-of-way width of such an alley be less than 27 feet.
(b) 
Alleys and easement intersections.
Where alleys or utility easements intersect, or turn at right angles, a diagonal of not less than ten feet from the normal intersection of the property or easement line shall be required. The diagonal length of intersections of alleys and/or utility easements at other angles must be approved by the city.
(c) 
Dead-end alleys.
Dead-end alleys shall not be permitted except if future development provides for the extension of the alleys, in which case temporary turnarounds will be provided.
(Ordinance 296, art. V, § 11, adopted 10/1/1996; Ordinance 439, art. V, § 11, adopted 11/24/2003)
Drive approaches shall be in conformance with standards approved and adopted by the council from time to time; provided that if no applicable standard has been adopted such approaches shall be designed pursuant to acceptable engineering practices and approved by the city engineer. The city may impose a more restrictive standard than contained in any such standard or design proposal, in conjunction with review of a subdivision plat, if anticipated development under the standards will result in a dangerous or unsafe condition to the public.
(Ordinance 296, art. V, § 12, adopted 10/1/1996; Ordinance 439, art. V, § 12, adopted 11/24/2003)
(a) 
Street classification.
Streetlights shall be placed in accordance with the placement criteria in this section. Streetlights shall be located as follows:
(1) 
At the intersection of two arterial streets, an arterial and a collector street, and at the intersection of two collector streets;
a. 
One streetlight per each approach per intersection on the major street.
(2) 
At any intersection where the following traffic conditions are met:
Major Street Functional Classification
 
Principal Arterial (TH)
Minor Arterial (TH or CSAH)
Collector (CSAH or CR)
Local (CR or TWN Rd)
Priority
Major street volumes in vehicles per day (% of major street volume that is recommended on the minor street)
High
>5,000 (20%)
>2,000 (20%)
>1,000 (20%)
>500 (20%)
(3) 
In the turnaround of culs-de-sac where the cul-de-sac length is longer than 300 feet; and
(4) 
Intersections with high accident rates
(5) 
Traffic circles (roundabouts) to ensure adequate visibility
(6) 
Pursuant to a street lighting plan submitted and approved in conjunction with application for subdivision plat approval pursuant to this chapter; which plan shall, generally, provide not less than one streetlight for each 500 linear feet of streets within or abutting the subdivision.
(b) 
Safety considerations.
Streetlights shall, additionally, be placed to illuminate street curves, significant topographic conditions, mid-block crosswalks, and other safety hazards.
(c) 
Spacing.
Streetlights shall be placed in accordance with the following spacing requirements:
(1) 
Typical spacing of lights shall be one per each approach of the intersection at the intersections described in subsection (a)(1) of this section;
(2) 
Lights shall be provided along arterial and collector streets, with a maximum spacing between lights of 300 feet;
(3) 
If the block length is over 600 feet but less than increments of 300 feet, the light shall be placed in mid-block to the degree practical. For the purposes of this subsection, streetlights are still required at intersections. See example below, figure 32.
Figure 32 — Pole Spacing
To lay out poles, the designer must undertake lighting calculations to define optimal pole spacing. Once maximum pole spacing is defined, one can lay out poles on the road drawings using a calculator and scale rule. The design should lay out poles locating a pole at a start points such as cross street, then spacing the poles evenly within the maximum pole spacing defined by the calculations, as shown in Figure 32. The pole spacing may need to be adjusted to suit driveways and utility conflicts.
(4) 
In a cul-de-sac turnaround, if the cul-de-sac length is longer than 300 feet;
(5) 
Streetlights shall be placed in the subdivision in compliance with the finally approved lighting plan.
(6) 
For decorative streetlight spacing, see section 41-146(f)(3) and section 41-146(g)(3).
(d) 
Light size.
Street Type
Light Size (LED)/Lumens
Thoroughfare (heavy traffic)
110w/9,900
Arterial/Collector (medium traffic)
40w/3,600
Residential (low traffic)
38w/3,000
Notes:
•
Continuous lighting typically uses 50-foot light poles with either 400-watt HPS or the equivalent size LED. This configuration can light a roadway to minimal freeway levels up to 60 feet across the roadway from the luminaire.
•
Safety lighting typically uses 40-foot light poles with either 250-watt HPS or the equivalent size LED. This configuration can light a roadway to minimal levels up to 50 feet across the roadway from the luminaire.
Configurations
Lighting assemblies specified by Item 610 (TxDoT) use three typical configurations based on the purpose of the lighting:
•
Safety lighting typically uses 40-foot light poles with either 250-watt HPS or the equivalent size LED. This configuration can light a roadway to minimal levels up to 50 feet across the roadway from the luminaire.
•
Underpass lighting is typically mounted to the bridge structure at 16 feet mounting height, with either 150-watt HPS or the equivalent size LED.
TxDOT roadway illumination assemblies are designated by the RIP standards.
(e) 
Subdivision lighting plan.
(1) 
The developer shall submit a streetlight plan as a part of the final subdivision plat package in conjunction with the utility plans and in conformance with these standards. This plan will determine location of lighting, wattage, coverage, height of poles, etc.
(2) 
The staff shall review, coordinate with the electric utility, and approve street lighting plans.
(3) 
Metal poles shall be required for all street lighting and the developer shall pay all utility company charges for street lighting (e.g., underground, metal poles, special fixtures, charges for electricity, etc.) at the final plat phase. Standard streetlight poles and cutoff fixtures (i.e., cobra head design) will remain as public improvements and must be Dark Sky compliant. However, if the developer or HOA choose to install city approved decorative poles, the developer or HOA will fully maintain the poles, head lamps, bulbs, etc., and pay the associated utility bills. Such decorative streetlight will be Dark Sky compliant.
a. 
Non-decorative light poles must be HAPCO 21-365 or best alternative approved by city staff (if pole is no longer available). The light fixture standard will be an appropriate Dark Sky compliant fixture to be determined by Pedernales Electrical Cooperative. If a non-decorative light pole/fixture is maintained by the city, then the color shall be black.
b. 
Decorative light poles and fixtures will be a certain design by Amerlux Lighting or best alternative approved by city staff (if product is no longer available).
•
Base = 356-T6 Alloy (Black)
•
Shaft = #6063-T6 Aluminum (Black)
 
º
AP2602
 
º
Pole Height of 16 feet
 
º
Color = Satin Black
•
Light Fixture Brackets = BR08U
•
Light Fixture = DS775FC Series "Dark Sky Acorn"
* Light pole and fixture specs can be located through the City of Kyle, Office of Engineering.
(4) 
Installation will be completed during the construction of the other infrastructure and public improvements, or, with city approval, coordinated with building permits issued in the area. Priority shall be given to arterial and collector streets in the subdivision to facilitate circulation; within each block face, when 50 percent of lots have been permitted, lights shall be installed. The developer shall give security as necessary to ensure installation of lighting required but scheduled for future installation. This light installation schedule may be accelerated in accordance with an agreement made with the developer whereby the developer pays the city the full cost of power during the time period necessary to reach this level of permitting.
(5) 
The planning and zoning commission and the council may disapprove any subdivision where the developer fails to comply with the standards set forth in this section.
(f) 
Private street lighting and HOA maintained decorative street lighting.
In those instances when the criteria in this section do not warrant streetlight placement in a particular location where a property owners association, commercial or industrial property desire additional lighting, the city encourages privately funded and privately maintained lights by neighborhood residents and property owners. All privately funded lights shall be totally owned and maintained by the private property owners or residents. All utilities shall be entirely paid for by the private property owner or residents. The city shall never be obligated to pay for the maintenance or utilities of any privately funded light. Such lighting may be placed within easements where not inconsistent with the easement use, but shall not be placed within dedicated public right-of-way.
(1) 
A developer or HOA shall have a choice between standard streetlights and city approved decorative streetlights. If decorative streetlights are chosen, the developer or HOA will fully maintain the streetlights and pay the associated utility bills.
(2) 
The developer or HOA must utilize a standard, city approved decorative street light, that is Dark Sky compliant (section 41-146(e)(3)a. and b.).
(3) 
Placement for decorative street lights shall be between 90-120 feet, or per manufacturer's recommendations. Decorative street lights typically have lower lumen output and are likely to require more frequent/closer placement than nondecorative streetlights.
(4) 
If The Vybe trail is adjacent or internal to the subdivision, it will use decorative poles/lighting as outlined in subsection "e". Poles will be spaced appropriately and with adequate lighting for safety purposes.
(5) 
Emergency call boxes will be required along The Vybe trail. Said call boxes will be placed where practical, with primary locations designed for quick emergency response. Secondary locations will be required along The Vybe trail at semi-regular intervals as found necessary by the city.
(g) 
Municipal or other government capital improvement projects.
(1) 
Municipal or other government led capital improvement projects are encouraged to use a standard decorative streetlight, similar to those installed with the Burleson Street or Philomena Drive projects. The light poles will be Dark Sky compliant.
(2) 
Decorative street lights will be considered for streets:
a. 
Outside residential or commercial subdivisions; and/or
b. 
All arterial roads (major and minor) inside or outside subdivisions;
c. 
Certain collector roads (to be determined as appropriate by city staff).
(3) 
Placement for decorative street lights shall be between 90—120 feet, or per manufacturer's recommendations. Decorative street lights typically have lower lumen output and are likely to require more frequent/closer placement than non-decorative streetlights.
(4) 
The City of Kyle will coordinate with other governmental entities (Hays County, TxDoT, etc.) to ascertain appropriate streetlight design.
(Ordinance 296, art. V, § 13, adopted 10/1/1996; Ordinance 439, art. V, § 13, adopted 11/24/2003; Ordinance 1153, § 3(Exh. A), adopted 7/6/2021; Ordinance 1182, §§ 1, 2(Exh. A), adopted 2/2/2022)
(a) 
Definitions.
For the purposes of this section, the following terms, phrases and words shall have the meanings ascribed to them in this subsection:
Hike and bike trail
means a strip of land that is dedicated for a trail or pathway for pedestrian circulation, alternative transportation and recreational uses, that is not less than ten feet in width, and that has installed, or is planned to have installed, certain improvements, including but not limited to an all-weather concrete trail or pathway that is not less than eight feet in width, designed and constructed in compliance with standards and specifications adopted and maintained by the city.
Neighborhood park
means a public park provided for a variety of outdoor recreational opportunities located within a residential subdivision or within a close proximity or convenient distance of the majority of residences to be served thereby so that the residential subdivision or subdivisions so located shall be the primary beneficiaries of these facilities. These parks are generally smaller in size, being less than 15 acres.
Park
means any public park, playground, pool, water feature, lake, waterway, recreation or open space area, or hike and bike trail, including a parking lot within such areas, which is operated, maintained and controlled by the city, and heretofore platted, dedicated, or designated as a public park within the city and its extraterritorial jurisdiction. These parks are generally larger in size, 15 acres or larger, and regionally located throughout the city. Land dedicated for public school land, which contains a park or park land as defined herein, shall be considered a park for the purposes of this section but only to the extent of the actual land dedicated for such a park.
Private park
means a recreation area or open space land within a residential area which are not available for public use or which are intended primarily for exclusive use by residents of the residential area, by members of a homeowners association or other organizations. A private park shall be considered a park for purposes of this section but only to the extent necessary for planning purposes. A private park does not meet the cash payment nor park land dedication requirements of this section.
Residential area
means any area within a subdivision plat which in whole or in part is platted for the development of dwelling units or residences, whether the same be single-family, multifamily, owner-occupied or rental dwelling units and including townhouses, condominiums and apartments.
(b) 
Park land fee.
The developer of any residential subdivisions or developments within the city and its extraterritorial jurisdiction shall pay a park land fee which shall be paid for each residential lot or dwelling unit within the subdivision or development at or prior to the time the final plat is submitted to the city for final signature approvals and recording in the public records. The park land fee shall be uniform and sufficient to acquire land for parks sufficient to serve the needs of the community as prioritized in the adopted parks, recreation and open space master plan. The park land fee shall be applicable to residential developments and dwelling units and shall be computed on the basis of the fee per dwelling unit set forth in Appendix A of the Code. The park land fee shall not apply to developments of five dwelling units or less, unless such development is a phase, section, or part of a development plan that will include more than five lots when completed.
(c) 
Park land dedication in lieu of park land fee.
(1) 
An owner responsible for payment of the park land fee under this section may be required at the discretion of the city council to meet the requirements of subsection (b) in whole or in part by a park land dedication as set forth in subsection (c)(2) hereunder.
(2) 
Whenever a final plat is submitted to the city for final signatures and filing of record with the County Clerk of Hays County for development of a residential area in accordance with this chapter, or a planned development or other development subject to this chapter and the comprehensive planning and zoning ordinance of the city, unless earlier waived by the city council such plat shall contain a clear, fee simple dedication of an area of land to the city for park purposes, which area shall equal one acre for each 75 proposed dwelling units, and the dedication by fee or easement of land for hike and bike trails. Except as found appropriate and necessary by the city council for the hike and bike trail, all dedication of land shall be in a single parcel. The council and commission may deem that noncontiguous parcels are permissible in accordance with the regulations set forth herein. Any proposed plat submitted to the city for approval where a park land dedication is being substituted for the required park land fee as provided by this section shall show the area proposed to be dedicated. If a provision of this section for park land dedication conflicts with a provision for a hike and bike trail, the park land dedication requirements shall govern and control except when waived or varied by the city council to provide for hike and bike trails.
a. 
The council declares the development of an area smaller than five acres for public park purposes as impractical.
b. 
No plat showing dedication of less than five acres shall be approved unless the Council, upon recommendation of the commission, approves a variance to this requirement by resolution.
c. 
Dedication required by this subsection shall be made by the filing of the final plat clearly showing such park land dedication and by separate deed in a form acceptable to the city. The fully executed deed shall be delivered to the city at or prior to the time the final plat is submitted to the city for final signature approvals and recording in the public records. If the actual number of completed dwelling units exceeds the figure upon which the original dedication is based, additional dedication shall be required in the amount required by this section as amended, and shall be made by payment of cash instead of the land amount provided by subsection 41-147(b) and 47-147(d)(1).
(3) 
Before any payment of park land fee, the council must find after review of the commission and at the public hearing at which the subdivision is considered for final approval, that payment of the park land fee bears a substantial relation to the health, safety, general welfare and morals of the community and that there is not a substantial and compelling interest of the community that would be better served by substituting a park land dedication for the park land fee required of the subdivision. In order to determine whether or not the need or benefit is sufficient to require the dedication, such factors as the size of lots in the subdivision, the economic impact of the subdivision, density of population, the amount of private park land contained in the subdivision, and the amount of open land consumed by the development shall be considered. The director of parks and recreation and the city parks and recreation committee shall be informed of all new subdivisions, which are submitted for approval and of all existing subdivisions, which are submitted for replatting, expansion, or redevelopment.
(4) 
Dedication of land for hike and bike trails:
a. 
The council declares that the creation of a comprehensive hike and bike trail connecting the city's parks, neighborhoods and other areas of interest is a substantial and compelling interest of the community.
b. 
Land shall be dedicated in fee simple or by easement by instrument acceptable to the city for hike and bike trails along all creek, natural drainage ways, selected tree lines as provided in the city adopted parks, recreation and open space master plan, unless specifically waived by the city council after review by the parks committee and the Commission. Land that is required to be dedicated in fee simple under this section, and that is not within an easement, shall be credited to the park land dedication requirements. Land that is dedicated by easement or that is within the right of way of any street, drainage or utility easement shall not be credited to the park land dedication requirement. The maximum distance between access points to trails shall be no more than 1,000 feet.
c. 
Whenever a final plat is filed for development of any retail, commercial or industrial area in accordance with this section, or other comprehensive planning and zoning ordinance of the city, such a plat shall contain a clear dedication by fee simple, or by easement, if found appropriate by the city council, of an area of land to the city for a hike and bike trail, under the same terms, conditions and requirements as are applicable to residential plats.
(5) 
No area of land or facility shall be dedicated to the city for park land purposes unless approved and accepted by the city council.
(d) 
Park development fee.
(1) 
In addition to the required payment of park land fee as set forth in subsection (b) of this section or the dedication of land as set forth in subsection (c) of this section, as applicable, the developer or his successor shall pay a park development fee to the city which shall be paid for each residential lot or dwelling unit within the subdivision or development at or prior to the time the final plat is submitted to the city for final signature approvals and recording in the public records. The park development fee shall be set from time to time by city ordinance and shall be sufficient to provide for the development of amenities and improvements on dedicated parks within the city. The park development fee shall be applicable to residential developments and dwelling units and the park development fee shall be computed on the basis of the fee per dwelling unit in the development or subdivision set forth in Appendix A of the Code. The park development fee shall not apply to developments of five dwelling units or less, unless such development is a phase, section, or part of a development plan that will include more than five lots when completed.
(2) 
In lieu of payment of the required park development fee, the developer, with approval of the parks director, may construct the park improvements. All public park improvements shall meet the minimum requirements set forth in the adopted the city parks, recreation and open spaces master plan. All development plans and specifications for the construction of said park improvements shall meet the minimum design and construction standards on file with the parks and recreation department, be sealed by a landscape architect registered in the State of Texas and be reviewed and approved by the parks director prior to construction.
a. 
The developer shall financially guarantee the construction of such park improvements by providing performance and payment bonds, an irrevocable letter of credit, or other similar security that is deemed acceptable to the parks director and that complies with the requirements of this ordinance for fiscal guarantees for required subdivision improvements, except as provided otherwise in this section, prior to the recording of the final plat for the subdivision.
b. 
The developer and contractor constructing the park improvements shall be required to execute a license agreement using the city's standard for prior to beginning work on the park improvements.
c. 
Performance and payment bonds shall name the city as a beneficiary and shall cover 100 percent of the estimated construction cost of such park improvements as shown in a construction contract executed by the developer.
d. 
The period within which required park improvements must be completed shall be incorporated in the surety instrument and shall not in any event, without prior approval of the city, exceed one year from date of final plat approval.
e. 
As a condition of city acceptance of the park improvements, the developer shall be required to provide a two year maintenance bond that is equal in amount to 100 parks and that complies with the requirements of this section for maintenance bonds for required subdivision improvements, except as provided otherwise in this section, of the construction cost of said park improvements and a manufacturer's letter stating the main play structure and safety surface was installed in accordance with the manufacturer's installation requirements.
f. 
As a condition of city acceptance of the park improvements, the developer shall also provide the city a copy of the application and subsequent inspection report prepared by the Texas Department of Licensing and Regulation or their contracted reviewer for compliance with the Architectural Barriers Act, codified as Article 9102, Texas Civil Statutes, as amended.
g. 
All park improvements may be inspected by the city while construction is in progress and the developer shall provide the city with reasonable access to perform such inspections. Once construction of the park improvements are complete as determined by the park director, the developer shall convey such improvements to the city free and clear of any lien or other encumbrances by instrument acceptable to the city. The developer shall provide documentation satisfactory to the parks director demonstrating that the improvements and land are free and clear of any lien or other encumbrances. The parks director shall accept the park improvements in writing after inspection and upon the determination that the park improvements have been satisfactorily completed, the park improvements and underlying park land are free and clear of any lien or encumbrance, the developer has complied with subsections 41-147(d)(2)e. and f., and the developer has executed the required instrument to convey the park improvements to the city.
(e) 
Prior dedication.
(1) 
Credit shall be given for payment of park land and park development fees or for park land dedications paid or dedicated pursuant to the existing zoning ordinance or subdivision ordinance of the city at the time a development was accepted by the city.
(2) 
If a park land and park development fee or park land dedication requirement arose prior to the passage of this section, that dedication requirement shall be controlled by the ordinance in effect at the time such obligation arose, except that an additional park land and park development fee or an additional park land dedication shall be required if the actual density of the dwelling units constructed on the property is greater than the former assumed density. An additional park land fee, or park land dedication, and park development fee shall be determined by the increase in density and shall be based on the ratio set forth in subsections (b) and (c) of this section.
(3) 
At the discretion of the city, acting through its council, any former gift of park land to the city, which was not required by any provision of this ordinance, the zoning ordinance or other applicable laws, may be credited on a per acre basis toward eventual park land dedication requirements imposed on the donor of such land. The council shall consider the recommendation of the commission in exercising its discretion under this section.
(f) 
Comprehensive plan considerations.
Land designated in the comprehensive plan as being suitable for development by the city for a major recreational center, park, or other public use, may be reserved for a period of one year after the preliminary plan is approved by the council if, within two months after such approval, the council advises the subdivider of its interest in acquiring the land or of the interest of another governmental unit to acquire the land, at the appraised value of the land at the time of purchase. A failure by the council to notify the subdivider shall constitute a waiver of the right to reserve the land. Any waiver of the right to reserve the land shall no longer be effective if the preliminary plat shall expire without adoption of a final plat.
(g) 
Dedicated fund.
(1) 
There is hereby established a dedicated fund for the deposit of all sums paid for park land fees and park development fees. This fund shall be known as the "park lands dedicated fund." All monies set aside in said park lands dedicated fund shall be used exclusively for park land acquisition and park and recreational development and/or improvements in new or existing parks within the city.
(2) 
The city shall account for all sums paid the park lands dedicated fund with reference to the individual plats involved and the contributing developer. Any funds paid for such purposes must be expended by the city on a "first-in, first-out" basis within ten years from the date received by the city for acquisition or development and/or improvement of parks within the City of Kyle.
(3) 
The park lands dedicated fund may be placed in a "treasury fund" established by the city, so long as accounting procedures maintain a separate account for the proceeds in a manner allowing for the purposes set forth herein and that assures that such funds will not be disbursed for any purposes not set forth in this section.
(4) 
Park land and park development payments may be used only for the acquisition, development, and/or improvement of park land located within the city limits or the city's extraterritorial jurisdiction. In determining the allocation of funds derived from the payment of park land and park development fees, the council shall allocate such funds to parks in the same area as the development giving rise to the park land and park development fees, or in close proximity thereto.
(5) 
The council may allocate park land and park development fee funds at its discretion to any park within the city limits or the city's extraterritorial jurisdiction after there is a review by the commission and a finding by the council that there is a substantial and compelling interest of the community requiring a different allocation than that prescribed in subsection 41-147(g)(4).
(h) 
Additional requirements.
(1) 
Any land dedicated to the city under this section must be suitable for recreational purposes, such as for parks, playgrounds, hike and bike trails and usable open space. The following characteristics of proposed area are presumed unsuitable:
a. 
Any area which is located within the 100-year flood plain.
b. 
Any areas of unusable topography or slope which render more than 25 percent of the area unusable for organized recreational activities, or due to unusual circumstances relating to subsoil, slope or topography, the development of the property for park or recreational purposes would be unusually difficult or expensive.
c. 
Areas encumbered by overhead utility lines or easements of any type which might limit the opportunity for park and recreation development.
d. 
Land sites encumbered by hazardous and or municipal waste materials or dump sites.
(2) 
The characteristics described in subsections 41-147(h)(1)a.—d. may be grounds for refusal of any preliminary or final plat.
(3) 
Drainage areas may be accepted as a part of a park if the channel is constructed in accordance with the city engineering standards, and if no significant area of the park is cut off from the access by such channel; provided, however, that the developer may provide vehicular access by a bridge or similar structure. The percentage or portion of park land dedication hereunder may include 50 feet on each side of any well-defined creek or waterway subject to the approval of the city.
(4) 
Each park must have ready access to an improved public street. The park entrance must be visible to the public.
(5) 
Permanent property boundary markers required. The developer shall be obligated to place survey markers at all corners of the park land, which has been located by a license and professional surveyor. The markers will be four-inch diameter PVC pipe recessed 12 inches in the ground. They will contain a half-inch iron pipe or rebar and be filled with concrete flush with the ground.
(6) 
The park site being dedicated shall be free of trash and debris. If the condition of the dedicated park land is disturbed during construction of subdivision improvements, then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the city until such time that the above conditions have been met.
(7) 
The following utility connections shall be completed by the developer, and such connections shall not count as a credit toward park land or park development fee or park land dedication requirements:
a. 
Water meter.
A two-inch metered water supply located 12 feet behind the curb in a location determined by the parks director.
b. 
Waste-water stub.
A six-inch gravity-feed waste-water (sewer) stub or two-inch pressurized sewer line and electricity line located 10 feet behind the curb in a location determined by the parks director.
(8) 
Unless provided otherwise herein, an action by the city shall be by the council, after consideration of the recommendation of the commission and the parks and recreation committee.
(i) 
Updating of dedication fees, improvement costs and other requirements.
The requirements described within this section as related to fees, development costs, population and park land level of service may be updated from time to time on a basis of current conditions. The parks committee shall consider and make periodic recommendations to the city council on such conditions.
(Ordinance 296, art. V, § 14, adopted 10/1/1996; Ordinance 439, art. V, § 14, adopted 11/24/2003; Ordinance 439-4, § 2, adopted 8/4/2009; Ordinance 665, § 2, adopted 7/19/2011; Ordinance 864, § 2, adopted 9/1/2015; Ordinance 926, § 2, adopted 1/3/2017; Ordinance 1017, §§ 2, 3, adopted 10/1/2018)