ARTICLE 10.03 PUBLIC INFRASTRUCTURE REQUIREMENTS

The proposed street system shall extend all existing major streets and such existing secondary and local streets as may be necessary for convenience of traffic circulation and emergency ingress and egress. Dedication of public rights-of way or easements necessary to provide an adequate street and mobility network shall be provided and depicted on plats and/or civil plans. The arrangement, character, extent, width, alignment, and location of all streets, sidewalks, trails, public ways, alleys, and driveways shall be in conformance with the comprehensive plan, thoroughfare plan, and other plans and policies pertaining to mobility. In addition to the requirements of the engineering design standards manual, all streets and pedestrian facilities shall meet or exceed the guidelines in AASHTO's then-current A Policy on Geometric Design of Highways and Streets.

Street design shall be considered in relation to existing and planned streets, alleys and driveways, topographical and environmental features, scenic views, and the land uses proposed to be served by such streets. Good community design requires quality neighborhood and arrangement of streets, lot, blocks and valuable physical characteristics. Quality subdivisions must have an interconnected system of sidewalks, trails, and streets that are timeless, safe, comfortable, and value-sustaining.

The following subsections provide specific requirements for elements of street and pedestrian infrastructure:

Street types.

There are multiple classifications of streets that may be represented on a plat to ensure compliance with the city's transportation master plans and those of other governmental entities within their area of jurisdiction. These street types include highways, major arterials, minor arterials, commercial collectors, residential collectors, urban streets, rural streets, alleys, and private streets. Each street type provides a certain degree of continuity, capacity, and accessibility to adjacent land uses and may be differentiated by both function and design. These street types are summarized in the engineering design standards manual[1], section 2, including minimum standards, typical cross-sections, and design criteria.

[1]

Editor's note—The "engineering design standards manual," as referenced is not published herein.

Street access.

A plat will not be approved unless all of the proposed lots in a subdivision have safe and reliable street access for daily use and emergency purposes. All lots shall have direct access to an improved public street (or a public street that will be improved during construction of the proposed development) to the city's minimum design and paving standards, or to an approved public way that is connected to an improved public street. Except for lots that are provided access from an approved cul-de-sac, all lots within a development shall have at least two means of access or approach. Where development phasing or constraints of the land prevent the provision of a second, separate means of access, the city may accept a temporary street connection provided that a second permanent access point can be reasonably anticipated with future development of adjacent properties.

Rights-of-way and easements.

Minimum rights-of-way and design considerations required to accommodate needs for property access, future and expanded streets, and pedestrian facilities can be found in the engineering design standards manual,[2]section 2. Additional right-of-way or easements for design needs based on street type, intersection type, or other situation are further specified in the manual. Additional right-of-way or easement space for these facilities may be required due to the entity requiring or controlling the facility, topography and other design considerations specified by the city engineer.

[2]

Editor's note—The "engineering design standards manual," as referenced is not published herein.

In lieu of constructing a street as part of the subdivision and civil plan process, a developer may enter into a development agreement to dedicate the rights-of-way and delay or waive the construction of the public improvements to be dedicated.

Street elements.

Curb and gutter.

Curb and gutter shall be installed by the developer on both sides of all streets, in accordance with the engineering design standards manual unless otherwise specified herein or by the city engineer.

Street names.

Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case the names of existing streets shall be used.

Street signs.

The developer shall pay for street signs and installation thereof. The city will install the signs. Alternative street signs may be considered by the city engineer if maintained by a property owner's association.

Streetlights.

Street lighting shall be provided along all streets and thoroughfares in accordance with the engineering design standards manual.

Intersections.

Intersection design, signalization, right-of-way corner clips, curb radius, and site visibility, among other design elements, shall be in accordance with the standards of the engineering design standards manual and article 10.03 of this chapter.

All other street design elements shall be installed in accordance with the engineering design standards manual.

Perimeter streets.

New streets.

When a proposed subdivision abuts a planned thoroughfare depicted on the city's future transportation plans, the developer shall dedicate and construct a portion of the street consistent with the engineering design standards manual.

Existing substandard streets.

Where a proposed subdivision abuts an existing substandard street, or street that does not meet the future needs of the city per the transportation plan, the developer shall dedicate right-of-way and construct all or a portion of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the city's design standards for that type of street per the engineering design standards manual. If the city engineer makes a determination that it is not feasible to construct the street and its appurtenances to its ultimate cross-section or portion thereof at that time, the city may require the developer to provide a minimum standard paved fire lane and pay in-lieu of said improvements into escrow funds in accordance with the engineering design standards manual and the traffic impact mitigation requirements in section 10.03.004 of this chapter for the future construction of the street as a condition of the plat approval. Partial street dedication and construction on an existing street shall be considered according to the engineering design standards manual[3], section 2.

[3]

Editor's note—The "engineering design standards manual," as referenced is not published herein.

(6)

Block and street lengths.

Street length.

Lengths of specific streets and situational intersections shall adhere to the specifications in the engineering design standards manual.

Alley length.

Alleys shall not exceed 700 feet in length without an intermediate connection to a local street. No dead-end alleys are permitted.

Block length.

Blocks shall not exceed 1,200 feet in length, measured from street centerline to street centerline. In the case of nonrectangular blocks, each side of the block with lots fronting it shall not exceed 1,200 feet, measured between the vertices formed by the extension of right-of-way lines at each corner of the block.

Block width.

Blocks shall be wide enough to allow two tiers of lots with a block width no less than 200', except when prevented by the size of the property or the need to back up to a major thoroughfare.

Block size.

Blocks shall not exceed more than 20 lots on one side of a public street before a street crossing.

Mid-block pedestrian connection.

Where a residential block is 800 feet or greater in length, a minimum 15-foot-wide pass-through lot shall be required. The pass-through lot shall contain a minimum five-foot public sidewalk that connects on both ends to a sidewalk or trail located only on a local or collector street, school, park, or compatible land use. This lot shall be owned and maintained by a designated property owner's association with an access easement. The city engineer shall maintain discretion where such a connection may be undesirable due to topography, incompatible adjacent land use, or similar reason. As an alternative to this pass-through lot, pocket parks, stormwater ponds, or a public street may take the place of the public sidewalk.

Street connectivity.

New developments shall connect to and provide projected street connections to adjacent properties, both existing and future, to allow access between developments for neighborhood traffic, allow for safe egress, and to enhance pedestrian and bicycle connectivity as recommended in the city's comprehensive plan.

Street stubs shall be generally provided in each direction of the plat, as applicable and practical.

(ii)

At least two connections provided for subdivisions 30 lots or greater.

(iii)

At least three connections provided for subdivisions 80 lots or greater.

(iv)

As determined by the city engineer for additional street stubs for larger subdivisions or relief of stubs considering topography, existing conditions, or adjacent land use to ensure compatibility.

(7)

Sidewalks.

Sidewalks shall be installed as basic infrastructure for each street within or adjacent to a proposed subdivision for residential and nonresidential development. The developer or the homebuilder shall pay and construct all sidewalks.

Sidewalk elements.

Sidewalk infrastructure elements may include sidewalk flatwork, curb ramps, railings, retaining walls, lighting, signage, safety elements, grading, etc. necessary to achieve accessible design in public street rights-of-way, access easements and other locations, per the engineering designs standards manual. Construction of any sidewalk shall conform to the standards and specifications contained in the engineering design standards manual, this chapter and the city code.

Trails.

Trails depicted in the trails master plan shall be dedicated and constructed at the time of development as a public improvement in the general locations and alignments depicted therein, as further detailed in section 10.03.008 of this chapter.

Alternative pedestrian improvements.

Alternative locations or design variation(s) of sidewalks, pedestrian access facilities, or hike and bike trails to a standard that deviates from the engineering design standards manual can be requested to the city engineer.

If an alternative is approved by the city engineer, ownership and maintenance shall be transferred to the property owner or property owner's association and recorded by separate instrument, along with a public access agreement.

(ii)

When the delay of sidewalk or trail construction is deemed appropriate due to a pending street or storm drainage improvement project, escrow funds in lieu of the construction of sidewalks may be approved by the city engineer.

(iii)

When an administrative alternative cannot be achieved, a subdivision variance pursuant to section 10.02.007 of this chapter may be requested for either fees-in-lieu of construction, delay of construction, or waiver. Justifications for the variance include, but are not limited to, the location of the facility in relation to the existing or planned pedestrian network, the need for the facility, and/or topography/natural features.

(8)

Lot access and frontage.

To protect property value and promote safety and compatibility, certain lots may be restricted along streets and other situations represented on a plat.

Lot size, dimensions, setbacks, and orientation shall be in accordance with the zoning district and use requirement of the city's zoning ordinance (chapter 14 of this code).

Residential driveways on all streets shall be positioned away from intersections and curb inlets and may be required by the city engineer to be larger lots for accommodation.

Residential lots created by plat shall not front onto a major arterial, minor arterial, or commercial collector.

Residential lots shall not front onto, nor shall a garage or driveway face onto, a residential collector, urban street, or rural street within 100 feet of the right-of-way line of the nearest major arterial or minor arterial.

Residential lots shall not front onto any portion of a residential collector or urban street that extends into a neighborhood for more than 600 feet.

Residential lots shall not front onto a roundabout. The city engineer has the discretion on where the next adjacent lot shall be located from the intersection based on the roundabout design to ensure that the home is sited with adequate distance from the roundabout where driveway access would not interfere with the roundabout approach or a splitter island.

Lots created adjacent to any roadway in the ETJ shall have a setback per Grayson County Subdivision Regulations.

(H)

Reserve strips of land controlling access to other property or to any street or alley or having the effect of restricting access to the adjoining property are prohibited. Properties shall not be landlocked, and shall have public access to a legal right-of-way.

(I)

In certain instances, the city shall require a cross-access easement for internal drives to address safety and access conflicts. Location of cross-access easements shall be indicated on the plat or site development plan and shall be built to the engineering design standards manual.

(J)

Lot access to Texas Department of Transportation (TxDOT)-regulated roadways are permitted by the city engineer, but shall meet access requirements.

(K)

Unless otherwise allowed in the city's zoning ordinance, a lot or a division of land fronting a public street shall have a minimum 60 feet of frontage.

(9)

Private streets.

New subdivisions may be constructed with private streets that meet or exceed the specifications set forth in the design standards for similar public streets. The construction of private streets shall be subject to standard city inspections. Any private street subdivisions that were in existence (i.e., platted of record at the county) on June 3, 2024 shall be allowed to remain as private street subdivisions provided that the conditions of the private streets and the maintenance thereof continues to meet or exceed city standards, and provided that a viable property owners' association (POA) or other similar organization continues to exist to maintain the private streets and all appurtenances. The city will not assist in enforcing deed restrictions. The city may periodically inspect private streets and may require the POA or other responsible organization to make any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.

Private streets: construction and maintenance cost.

The city shall not pay for any portion of the cost of constructing or maintaining a private street.

Private streets: traffic-control devices.

All private traffic-control devices and regulatory signs shall conform to the Texas Manual of Uniform Traffic-Control Devices, as amended, and to city standards.

Private streets: restricted access.

The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained nor regularly patrolled by the city. All restricted access entrances shall be manned 24 hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the city, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure city and emergency access into the subdivision shall be approved by the city's fire department and by any other applicable emergency service providers. If the property owners' association (POA) fails to maintain reliable access as required herein, the city may enter the private street subdivision and remove any gate or device which is a barrier to access at the sole expense of the POA.

Private streets: waiver of services.

Certain city services may not be provided for private street subdivisions. Among the services which may not be provided include routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may also not be provided.

Private streets: petition to convert to public streets.

The property owners' association (POA) may petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the city be obligated to accept said streets as public. Should the city elect to accept the streets as public, then the city has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the city's acceptance of the streets. The city shall be the sole judge of whether repairs are needed. The city may also require, at the association's or the lot owner's expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street right-of-way or within any other common area. The city may also require the dedication of additional street right-of-way.

Private streets: hold harmless.

The property owners' association (POA), as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the city, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross-arms, or out of any use of the subdivision by the city or governmental or utility entity.

(Ordinance 6727 adopted 5/20/2024)

§ 10.03.004 Traffic Impact Analysis.

Purpose.

The purpose of a traffic impact analysis (TIA) is to assess the effects of specific development activity on the existing and planned thoroughfare system. Development activity may include but is not limited to rezoning, preliminary site plans, site plans, driveway permits, certificates of occupancy, and thoroughfare plan amendments.

Pre-submission meeting.

Prior to the commencement of a TIA, an initial or pre-submission meeting with city staff is required to establish a base of communication between the city and the applicant. This meeting will define the requirements and scope relative to conducting a TIA and ensure that any questions by the applicant are addressed.

Applicability of TIA requirements.

Zoning.

These TIA requirements shall apply to all zoning requests for land uses which will generate 2,500 or more vehicle trips per day or contain a density of 0.75 floor area ratio (FAR) or greater. Applicable requests include zoning requests and thoroughfare plan amendments, if no previous traffic assessment was performed. Special circumstances, including but not limited to development with no case history, which do not meet the daily trip generation threshold, may also require a TIA. Such circumstances, as determined by the city engineer may include, but are not limited to, impacts to residential neighborhoods from nonresidential development, inadequate site accessibility, the implementation of the surrounding thoroughfare plan is not anticipated during the estimated time period of the proposed development, the proposed land use differs significantly from that contemplated in the comprehensive plan, or the internal street or access is not anticipated to accommodate the expected traffic generation.

Development site plan.

These TIA requirements shall apply to all development site plan requests for land uses, which will generate 1,000 or more vehicle trips per day or contain a density of 0.75 floor area ratio (FAR) or generate over 100 total trips during the a.m. or p.m. peak hour. Developments that will generate less than 1,000 but 500 or more vehicle trips per day may require a TLA. Applicable development requests include concept plans, preliminary site plans, and site plans. Special cases, in which site generated peak hour trip activity is different from that of the adjacent street (weekdays 7:00-9:00 a.m. and 4:00 to 6:00 p.m.), may require an additional separate analysis as determined by the city engineer. Such circumstances may include, but are not limited to, commercial/retail, entertainment or institutional activity. The city engineer may waive the TIA for a development request if a TIA was performed previously with the zoning request and conditions listed in the report are still current.

Daycares and schools.

All development requests and/or specific use permit requests for a daycare, Montessori school, private school, charter school, or public school shall include, at a minimum, a traffic circulation study. This study shall include the estimated maximum peak hour trip generation of the facility, the planned circulation of inbound and outbound traffic during drop-off and pick-up operations, and the estimated length of the queue of cars waiting to pick up students. The design of the site and the circulation plan shall ensure that school traffic does not back up onto any public street. The traffic circulation study shall include a statement that the owner and/or operator of the daycare or school agrees to operate the facility in accordance with the approved circulation plan. The circulation plan must be approved by the city engineer before the development request or the specific use permit can be approved.

Determination of applicability.

The need for a TIA shall be determined by the city engineer based upon the results and recommendation from a pre-application meeting. It shall be the responsibility of the applicant to demonstrate that a TIA should not be required. If a TLA is required, the level of effort for a TIA submission shall be determined by the city engineer. Depending upon the specific site characteristics of the proposed development, one or more of the following elements may also be required as part of the TIA: an accident analysis, sight distance survey, traffic simulation, traffic signal warrant analysis, queuing analysis, turn lane analysis, and/or traffic circulation plan.

Requirements for TLA updates.

A TIA shall be completed in accordance the requirements in the engineering design standards manual.

(e)

Traffic impact mitigation.

Traffic impact mitigation may be required of the development subject to requirements in the engineering design standards manual.

(f)

Administration of the TIA.

Based on the results of the TIA and actions recommended by the city engineer, the planning and zoning commission and/or the city council, as appropriate, may take one or more of the following actions:

Approve the zoning or development request, if the project has been determined to have no significant impact or where the impacts can be adequately mitigated;

Approve the development request, subject to a phasing plan;

Recommend study of the city's thoroughfare plan to determine amendments required to increase capacity;

Recommend amendment of the capital improvement program (CIP) to expedite construction of needed improvements; or

Deny the zoning or development request, where the impacts cannot be adequately mitigated.

(g)

Cost of TIA review by city.

The cost for review of TIA submittals shall be based on the parameters set forth in the city's development fee schedule and paid in full at time of submission.

(Ordinance 6727 adopted 5/20/2024)

§ 10.03.005 Water and wastewater.

Water supply and distribution.

The water infrastructure required to serve development shall adhere to the engineering design standards manual and include, at a minimum, all necessary water mains, fire hydrants, service connections, valves, fitting and miscellaneous parts required to complete the system, or water supply and treatment facilities needed if not connected to the city's water system.

The developer shall pay all costs of the water supply and distribution system, unless approved based on section 10.03.011(b).

All easements required by the city shall be dedicated by plat if within the platted boundary, with locations approved by the city engineer in accordance with the engineering design standards manual. If outside the platted boundary, easement documents, prepared and accepted by the city, shall be provided prior to receiving plans for construction. Said easements shall be filed by the city with Grayson County.

Wastewater collection and treatment.

The wastewater infrastructure required to serve development shall adhere to the engineering design standards manual and include, at a minimum, all necessary wastewater collection lines, manholes, lift stations, cleanouts, service connections, and other miscellaneous elements required to complete the system, or wastewater treatment facilities if not connected to the city's wastewater system.

The developer shall pay all costs of the wastewater collection and treatment system, except for oversizing of water mains included in the city's water master plans that serve needs projected beyond the development site and exceed the line size needed to serve the development.

The amount of participation by the city for oversized improvements will be determined by taking alternate bids for the infrastructure necessary above and fittings versus the cost of the minimum requirement determined by the engineering design standards manual. The city will pay the difference in cost between the oversized lines and minimum requirement as determined by the alternate bids and funding approved by city council, subject to a development agreement between the property owner and the city.

On-site wastewater system.

In cases where the city engineer determines that extension of, and connection to, the city's wastewater system is impractical or not feasible, and where Grayson County approves the use of an on-site wastewater disposal system, such on-site system shall provide adequate sewage disposal for all lots, tracts, parcels and structures in the development as per the requirements of Grayson County.

Documentation from Grayson County allowing on-site wastewater for the proposed development, based on size of lot(s) and land use, shall be submitted to the city with civil plans.

(Ordinance 6727 adopted 5/20/2024)

§ 10.03.006 Storm drainage.

Drainage system design.

The drainage infrastructure required shall adhere to the engineering design standards manual and include, at a minimum, all necessary storm sewer lines, inlets, manholes, junction boxes, drainage channels, box culverts, valley gutters and other miscellaneous elements required to complete the system. The developer shall pay all costs of the design and development of stormwater drainage associated with the proposed development.

100-year floodplain.

For the health, safety and welfare of the city's residents and for the conservation of water, storm drainage and wastewater facilities, the city prohibits development of any portion of a property that lies within the 100-year floodplain, in accordance with all Federal Emergency Management Agency (FEMA) regulations.

Off-site drainage.

When any proposed development requires off-site grading where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing major creeks, channels, storm sewers or streets unless one of the following is provided:

Notarized letter of permission.

The letter shall state that the permission shall bind the owner of the affected property and be a covenant running with the land. It shall also refer to the plans for the improvements creating the need for the permission. The letter shall be filed with Grayson County.

§ 10.03.007 Easements and right-of-way.

Drainage easement.

A drainage easement, either private or public, shall be dedicated for major creeks, ditches, culvert, or drainage channels and shall be of a width sufficient to comply with the criteria outlined in the engineering design standards manual.

(Ordinance 6727 adopted 5/20/2024)

Easements and rights-of-way shall be dedicated per the dimensions and specifications established in the engineering design standards manual either by plat or by separate instrument if the city engineer determines the need outside of the typical platting process.

Franchise utilities.

Franchise utilities shall be made available for each lot, including electrical, telephone, television, internet, and other wire carrier type utilities. Franchise utilities shall typically be located in public utility easements (U.E.) provided at the locations and widths specified in the engineering design standards manual.

Abandonment.

Public rights-of-way and easements held by the city shall be abandoned by separate instrument. Abandonment of a public right-of-way upon the request of a developer or property owner requires a process of property owner notification, approval of affected public utility companies and city council approval, as follows:

All property owners abutting the right-of-way or easement proposed for abandonment shall be notified by the applicant by certified letter. A written response from each abutting property owner in support or not in support of the abandonment shall be provided to the city engineer by the applicant prior to city consideration of the action. If any landowners are not in support of the action and explain their reasons accordingly, the application shall not be considered for action by the city council.

All public utilities, including franchise utilities, must be in support of the abandonment prior to city consideration of the action.

The applicant shall describe why the right-of-way or easement is no longer needed to serve a public purpose and explain the proposed new use of the area to be abandoned.

The right-of-way/easement abandonment application shall be submitted along with the supporting documentation to the city engineer for review and submittal to city council for approval.

Encroachment agreements.

The city may allow permitting of certain property owner improvements within easements with the execution of an encroachment agreement, as detailed in the engineering design standards manual,[1]section 1.

[1]

Editor's note—The "engineering design standards manual," as referenced is not published herein.

§ 10.03.008 Trails and open space.

Open space required.

The provision of adequate land for use as trails and open space is necessary for the protection of public health, safety, and general welfare of the community. Increased residential development in the city limits and extraterritorial jurisdiction impacts the current standards for recreational resources and creates the need for additional recreation resources as a result of the increased population so that adequate service levels for trails and open space facilities may be maintained. To offset this impact, the City Council finds that is necessary to require trails and open space, where appropriate.

Applicability.

A contiguous subdivision zoned R-4 (patio home residential) district, R-5 (single-family residential) district, R-2F (duplex residential) district, R-TH (townhome residential) district, MF-15 (multifamily residential) district or MF-30 (multifamily residential) district with two or more gross acres or 20 or more lots located within the city limits shall provide for open space and land for trail and recreational purposes. A contiguous subdivision is defined as abutting or separated only by a local or collector street to the subdivision. Subdivisions separated by rights-of-way, drainage or utility easements in excess of 60 feet in width shall not be considered as contiguous.

Land area.

The minimum amount of land required to be reserved as open space shall be:

For subdivisions zoned R-4 (patio home residential) district: 15 percent of the total gross subdivision acreage.

For subdivisions zoned R-5 (single-family residential) district: 10 percent of the total gross subdivision acreage.

For subdivisions zoned R-2F (duplex residential) district: 10 percent of the total gross subdivision acreage.

For subdivisions zoned R-TH (townhome residential) district: 10 percent of the total gross subdivision acreage.

For subdivisions zoned MF-15 (multifamily residential) district: 10 percent of the total gross subdivision acreage.

For subdivisions zoned MF-30 (multifamily residential) district: 10 percent of the total gross subdivision acreage.

Location.

The open space shall be located within the proposed subdivision. Each phase of the proposed subdivision shall provide the required open space for that phase.

Standards.

Land required for open space reservation for trail and recreational purposes shall meet the following size, character, and location conditions:

At least 50 percent of the required open space shall be outside of the 1% floodplain on level, well-draining land that is suitable for use as a playfield or playground, as determined by the city.

Required open space should include site features such as shade trees, vistas, visual interest, historic site elements, well-draining and stable soils, and areas suitable for constructing amenities.

Open space not suitable for the development of amenities, as determined by the city, may not be accepted by the city as satisfying the open space requirement.

Open space should be open to public view to enhance property value, protect public safety, and minimize conflict with adjacent land uses. Open space should be sited open to streets, other public uses such as schools and lots shall face onto the open space instead of backing to them (at least two sides of the open space). Exceptions can be considered due to topography, shape, drainage or other reasons.

Required open space shall provide a minimum of 200 feet of frontage on a dedicated public street or of a width acceptable to the city. Secondary frontages to the open space may be smaller, particularly trail connections, and open space connections to multiple streets, sidewalks, and trails.

The area shall not be subject to any reservation of record, liens or encumbrances of any kind, or easements which will interfere with the use of the land for open space, trail, or recreational purposes, as determined by the city.

Perpetual ownership, management, and maintenance of the required open space shall be transferred to a mandatory property owners' association and recorded by separate instrument.

Usable open space requirements.

Open space required to be reserved under this section shall be usable and include recreational facilities such as swimming pools, play equipment for children, ball fields, court games, picnic tables, or similar. Natural areas may be included as usable open space if improved with a minimum eight feet wide concrete walking trail. Such facilities and improvements must be completed and accepted by the city as a condition of the city's final acceptance of the subdivision.

Vehicle parking shall be provided along streets abutting the open space. These streets should be sized adequately to accommodate parking (typically parallel parking spaces) on both sides of the street and may require additional right-of-way and pavement at the discretion of the city engineer based on location and context.

(6)

Alternatives.

Alternative design standards, locations, or contexts from the standards of this section may be considered by the parks and recreation director if shown that the proposed alternative is otherwise superior to the standards presented in this chapter and sufficiently advances the city's recreation goals.

Citywide trails.

Applicability.

All residential and commercial development shall be required to dedicate land and construct trails per the provisions of this section at the time of a plat or site plan.

Locations.

Trails depicted on the trails master plan shall be dedicated to the city and constructed along with other required public infrastructure improvements. Trails shall be located in the general locations and alignments depicted in the trails master plan. Trails required or proposed adjacent to creeks or greenways shall be coordinated with the parks and recreation department and shall be staked in the field by the developer and approved by the director of parks and recreation prior to the civil plans being issued for construction.

Surface area.

If the trail is not located on city-owned property, a minimum of 25 feet of right-of-way or public access easement of suitable level ground surface for trail construction shall be dedicated to the city. This area shall be located outside of the 1% floodplain unless otherwise approved by the director of parks and recreation. In areas of heavy tree cover or significant topography, additional land may be necessary to maintain trees.

Trail standards.

Trails shown on the trails master plan shall be a minimum of 10 feet to 12 feet in width as determined by the director of parks and recreation, constructed to the standards depicted in the trails master plan, unless otherwise authorized by the director of parks and recreation or in other city-approved plan or agreement.

If the trail is not located on city-owned property, a minimum of 20 feet of right-of-way or public access easement or 40 feet adjacent to a creek or other similar water feature, shall be dedicated as approved by the director of parks and recreation.

A trail constructed to the city's trail standards may be constructed within the right-of-way or public utility easement as a substitute for a street sidewalk if the trails master plan designates a trail along the street.

Alternatives.

Alternative locations or design variation(s) of sidewalks, pedestrian access facilities, or hike and bike trails to a standard that deviates from the trails master plan can be requested to the city manager. If approved, ownership and maintenance shall be transferred to the property owner or property owners' association and recorded by separate instrument, along with a public access agreement.

Common areas and improvements.

A property owners' association (POA) and a recorded declaration of covenants, conditions, and restrictions (CC&Rs) are required in accordance with section 10.02.008 for any new development in which open space, trails or other areas or improvements are required under this section.

(Ordinance 6727 adopted 5/20/2024; Ordinance 6897 adopted 11/17/2025)

§ 10.03.009 Tree Protection.

General.

Purpose.

The purpose of this section is to preserve, protect and enhance existing trees and mitigate the effects of tree removal within the city, and its extraterritorial jurisdiction. Trees, particularly native species, add natural beauty and distinct local character, add shade, promote water conservation, provide locations for habitat, and increase property values. The provisions of this section are intended to support the long-term viability of healthy trees and promote natural ecological, environmental, and aesthetic quality in the community.

Authority.

The provisions of this section are adopted in accordance with state law and the city charter. The provisions of this section shall be administered by the city manager or his/her designee.

Applicability.

The provisions of this section shall apply to all property within the city limits and its extraterritorial jurisdiction. Applications for approval of subdivisions of land or plats or tree removal permits submitted after December 18, 2023, shall account for protected trees within the subject property in accordance with the provisions of this section and otherwise comply with the requirements of this section.

Exemptions.

Exemptions from the requirements of this section are as follows:

Subdivisions of land that total five acres or less, or where no subdivision is proposed, parcels of land five acre or less.

Trees that a certified arborist has determined and documented are dead, diseased, declining, or safety hazards.

Proposed public streets, utility easements, and required fire lanes.

As otherwise exempt under applicable law, including section 212.905 of the Texas Local Government Code.

Definitions.

See section 10.01.003.

Tree classifications.

Protected tree.

Any species listed in table 10.1 that measures 12 caliper inches or larger. Species not so listed do not require protection or replacement.

Heritage tree.

Any species listed in table 10.1 that measures 36 caliper inches or larger.

Protected tree species.

The requirements for tree replacement and mitigation as outlined in this section apply only to the trees listed in Table 10.1.

Table 10.1
Common Name	Scientific Name
Pecan	Carya illinoensis
Black hickory	Carya texana
Walnut	Juglans nigra
Southern magnolia	Magnolia grandiflora
Texas oak	Quercus buckleyi
Red oak*	Quercus rubra
Bur oak*	Quercus macrocarpa
Chinkapin oak*	Quercus muehlenbergii
Shumard red oak	Quercus shumardii
Post oak	Quercus stellata
Live oak*	Quercus virginiana
Bald cypress	Taxodium distichum
American elm	Ulmus americana
Cedar elm*	Ulmus crassifolia
Lacebark elm*	Ulmus parvifolia
Chinese Pistachio*	Pistacia chinensis
Bigtooth maple	Acer grandidentatum
Caddo maple	Acer saccharum 'Caddo' (Acer barbatum)
Red mulberry	Morus rubra

*	Trees that are recommended as appropriate street trees within public right-of-way or in close proximity.

(e)

Tree removal permit.

Prohibited activities.

It is unlawful for any person to remove or critically alter a tree without first obtaining a tree removal permit where it is required by this section or unless otherwise authorized in this section. Each tree removed or critically altered without a required permit shall constitute a separate offense.

Presumption.

Where trees are removed or critically altered in violation of this section but evidence of the number of trees so removed or critically altered is unavailable, it shall be presumed that every 1,200 gross square feet of tree canopy removed or critically altered, as shown on an aerial image taken within 36 months of the date of the removal or critical alteration, constitutes the removal or critical alteration of one tree.

Tree removal permit required.

A tree removal permit is required for the removal or critical alteration of any tree on a parcel greater than five acres within the city limits or extraterritorial jurisdiction. A tree removal permit is not required if:

The tree is being removed or critically altered on an existing platted lot being used for a one- or two-family residence.

The tree endangers the public health, welfare, or safety and immediate removal is required from a certified arborist, including documentation stating the diameter, species and reason for removal;

The tree has disrupted a public utility service due to a tornado, storm, flood, or other force of nature. Critical alteration shall be limited to the portion of the tree reasonably necessary to re-establish or maintain reliable utility service;

The tree is being critically altered as part of routine utility maintenance;

The tree is located on city-owned property and is being critically altered as part of routine maintenance;

The tree is dead as documented by a certified arborist, including information citing the diameter, species, and reason for removal, unless the tree was required under a landscape plan or was a required replacement tree under this section;

The tree is located on the property of a plant or tree nursery, or an orchard, where trees are planted and grown on the premises for the sale or intended sale to the general public in the ordinary course of the nursery's or orchard's business; or

(H)

Removing underbrush with hand tools, not including grubbing under drip lines.

Tree removal permit application.

A tree removal permit application and submittal fees shall be submitted to the development services department in conformance with the requirements of this section. All applications and filings shall meet the requirements as defined by the tree removal application checklist, as it exists or may be amended, which shall be established and maintained by the director of development services.

Approval.

The city manager or his/her designee shall have the authority to issue a tree removal permit if it complies with all the requirements of this code.

(6)

Appeals.

See subsection (j) for appeals.

(7)

Expiration.

A tree removal permit shall expire six months after its issuance.

(f)

Tree survey.

Tree survey required.

A tree survey shall be submitted concurrent with the submittal of a preliminary plat application or a tree removal permit. The tree survey shall be performed and certified by a certified arborist, registered landscape architect, or registered professional land surveyor. The submitted tree survey shall include the exact size, location, condition (healthy, dead, or declining), and species of each protected tree that measures 12 caliper inches or larger. It is recommended that the tree survey include trees that measure eight caliper inches or larger to retain eligibility for preserved tree credits according to subsection (g)(1).

Alternatives to a tree survey.

No protected trees on site.

In lieu of a tree survey, the applicant may submit a sworn affidavit or sworn declaration from a certified arborist, registered landscape architect, or registered professional land surveyor certifying that there are no protected trees on the property or all protected trees on the property are entirely dead or declining. The affidavit or declaration shall be approved by the city manager or his/her designee to be accepted as an alternative to the required tree survey.

Preservation areas.

In lieu of a tree survey, the applicant may submit a landscape plan together with the preliminary plat submittal or a tree removal permit depicting no-disturbance preservation areas that include substantial existing tree canopy coverage that will not be disturbed, removed or critically altered, with the following conditions:

The no-disturbance preservation areas shall constitute a minimum of 20 percent of the land subject to the preliminary plat application or tree removal permit that contains a substantial existing tree canopy;

(ii)

To confirm the existence of substantial existing tree canopy coverage in the designated areas, the alternative plan submittal shall include aerial photographs and on-site photos. City staff may deem it necessary to conduct a visit to the project site for visual confirmation, and if so, the applicant shall allow such visit;

(iii)

Trees within the designated areas do not need to be identified as a protected tree species;

(iv)

The areas may be selected by the applicant but shall be located in the following priority order:

Floodplains and riparian corridors;

Street perimeter buffer areas;

Trail corridors, as depicted in the city's adopted trails master plan;

Parkland, open spaces, and outdoor amenity spaces; and

Other areas, as selected by the applicant.

(v)

The city manager or his/her designee must approve the landscape plan with such preservation areas designated, and such approval may be withheld at the sole discretion of the city manager or his/her designee.

(g)

Tree replacement standards.

Mitigation ratios.

Protected trees meeting the minimum size and species requirements shall be replaced according to the mitigation ratios established in Table 10.2, unless an alternative to the tree survey requirement was approved under subsection (f). To the extent any provision of this section conflicts with a provision of section 212.905 of the Texas Local Government Code, the provision in section 212.905 controls.

Table 10.2
Caliper Inches	Mitigation ratio
12" to 23"	Replace 1 caliper inch for every 2 caliper inches removed
24" to 35"	Replace 1 caliper inch for every 1 caliper inch removed
36" and above	Replace 3 caliper inches for every 1 caliper inch removed

Mitigation limit.

The total number of caliper inches required to be mitigated, as calculated according to the mitigation ratios in Table 10.2, shall not exceed 100 caliper inches per acre.

Replacement tree size.

All replacement trees required per the mitigation ratios in Table 10.2 shall be a minimum of three caliper inches.

Landscape credit.

Replacement trees that are planted on site as mitigation for removal of protected trees are eligible to be counted toward the landscaping requirements of section 14.04.006 of this code.

Timing of mitigation compliance.

Replacement trees shall be planted within 90 days of issuance of a tree removal permit. If replacement trees cannot be planted within 90 days, the city manager or his/her designee may approve a delay in replacement of up to six months after the date of tree removal permit issuance.

If an applicant cannot replace the mitigation trees required or gain approval to plant on an alternate site, a fee-in-lieu payment into the city tree fund shall be required before the tree removal permit can be issued.

(h)

Tree preservation incentives.

Preserved tree credits.

Trees listed in Table 10.1 that are preserved onsite and measure eight caliper inches or greater may be credited toward the replacement trees required in subsection (f)(1) or the landscape requirements in section 14.04.006.

Preserved tree credits will be granted according to the standards set out in Table 10.3.

Table 10.3
Preserved Tree Size (in caliper inches)	Credits toward replacement tree requirement
8" to 35"	1 caliper inch for every 1 caliper inch preserved
36" and above	36 caliper inches

Code conflicts.

In certain cases, the preservation of protected trees may be desirable enough to take priority over full compliance of certain conflicting subdivision and zoning regulations, including, but not limited to, setbacks, lot design standards, building heights, sidewalks, lighting, signage, parking spaces, parking lot design, and driveway separation. When a conflict exists between the preservation of a protected tree and other provisions of this chapter 10 or of chapter 14, the applicant may request an alternative standard or design. The applicant's request may be considered and approved by the city manager or his/her designee, provided that a reasonable application of public health and safety standards are maintained with the proposed design.

Alternative mitigation methods.

Fee-in-lieu payment.

If replacement tree plantings cannot be fully accommodated on site with adequate space and conditions for long-term health, then an alternative fee-in-lieu payment to the city tree fund, which is hereby established, may be considered. If the applicant can demonstrate every effort has been made to plant the required replacement trees on site, the city manager or his/her designee may consider a fee-in-lieu payment for the remaining balance of replacement tree value. Payments to the fund will be on a per caliper inch basis and are set out in appendix C, fee schedule, of this code. Payments to the tree fund are to be used for the sole purpose of planting trees on public property, including parks, along streets, and in common open spaces, and can also be used for pruning, irrigation, and maintenance of trees on public property. Replacement trees and fee-in-lieu payments may be combined to satisfy the requirement.

Off-site mitigation.

If replacement tree plantings cannot be fully accommodated on site, then replacement trees may be proposed to be planted in a location mutually agreed upon by the city manager or his/her designee and the applicant, including parks and other public places such as streets, medians, and other common open spaces.

(j)

Appeals.

The city council shall consider an appeal seeking alternative compliance if it determines that all options to achieve compliance with this section have been exhausted and the required mitigation creates an undue hardship for the applicant. An applicant may submit an alternative compliance plan or request for relief from compliance as part of an appeal application to the city council. The applicant's proposed alternative compliance plan shall clearly delineate any proposed reductions to the standards and depict alternative standards or relief.

(k)

Tree protection standards.

To protect designated preserved trees or no-disturbance preservation areas during development, construction or disturbance is prohibited within the dripline area of the trees. During construction, this defined area shall be flagged and encircled with protective fencing and a three-inch layer of mulch spread beneath the drip line. Trees preserved on site must remain in compliance with the assurance of establishment and vitality requirement in section 14.04.006 of this code.

(l)

Enforcement.

Enforcement.

The city shall determine compliance and enforcement in accordance with the provisions of this Code.

Clear-cutting.

Clear-cutting of a property in advance or while seeking approval of annexation, zoning, utility agreement, development agreement, economic incentives, or other discretionary approvals of the city council may result in denial or refusal of consideration.

(Ordinance 6727 adopted 5/20/2024)

§ 10.03.010 Rural subdivisions.

Single-family development in the extraterritorial jurisdiction or city limits in an estate or agricultural zoning district may be designed with alternative public improvements befitting a rural character. It is the intent that these modified standards be used to maintain a rural design aesthetic atmosphere for a development without sacrificing the integrity of the current or future public infrastructure systems. Subdivisions identified by the nature of their semi-rural location and which conform to the following standards may be allowed:

The minimum area of each lot shall be one acre.

Street standards shall be in accordance with the engineering design standards manual.

Surface drainage may be handled by open ditch, channel or other approved methods rather than a standard curb and gutter section.

§ 10.03.011 Responsibility for cost of improvements.

The subdivision shall be served by an approved water supply and distribution system and an approved wastewater disposal system which may be by municipal wastewater, or lot by lot on-site septic system, subject to the other standards in this chapter.

(Ordinance 6727 adopted 5/20/2024)

Developer cost of installation.

For all public improvements required in this chapter, the developer shall be fully responsible for all costs to design and install the infrastructure, unless otherwise specified in this chapter or development agreement approved by city council.

Oversizing of roadway, water and/or wastewater infrastructure.

When the city engineer determines that roadway, water and/or wastewater improvements and facilities should be sized in excess of what is needed for an individual subdivision, either because the larger facility is expressed in a master plan or due to other factors that the city has determined is necessary to accommodate future growth, the city may elect to participate in the construction cost in order to oversize the facility. Subject to approval of the city council through consideration of funding availability and method of reimbursement, the city shall arrange for the developer to design and construct the identified improvements, whether on-site or off-site of the property desired for development. A developer will not be required to bear the cost of over-sizing facilities beyond those necessary to support the specific development in question.

Pro-rata.

All water and wastewater facility extensions will be handled under article 13.07, division 4, of the city code.

(Ordinance 6727 adopted 5/20/2024)

§ 10.03.012 Proportionality appeal.

Public facilities system.

Definitions.

For the purposes of this section, the following terms, phrases, words, and their derivatives shall have the meanings given herein.

means the collection of water, wastewater, street, drainage or park facilities owned or operated by or on behalf of the city for the purpose of providing services to the public, including existing and new developments.

Public infrastructure improvement.

means a water, wastewater, street, drainage or park facility that is a part of one or more of the city's public facilities systems.

Purpose, applicability and effect.

Purpose.

The purpose of a proportionality appeal is to assure that a requirement to dedicate, construct or pay a fee for a public infrastructure improvement imposed on a proposed plat as a condition of approval does not result in a disproportionate cost burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the city's public facilities systems.

Applicability.

An appeal under this section may be filed by a property owner to contest any requirement to dedicate land, to construct improvements or to pay development fees (other than impact fees adopted under Texas Local Government Code chapter 395), for a public infrastructure improvement, which requirement is imposed under this chapter to a plat application pursuant to this chapter, whether the requirement is applicable under uniform standards, or is imposed pursuant to an individual evaluation of the proposed subdivision.

Proportionality determination by city engineer.

Prior to a decision by the planning and zoning commission on a preliminary plat application, or if no preliminary plat application is required, on a final plat application, the city engineer (who for the purposes of this subsection (c) must be a licensed professional engineer) shall affirm that public infrastructure improvements being imposed as a condition of plat approval is roughly proportionate to the demand created by the development on the city's public facilities systems, taking into consideration the nature and extent of the development proposed.

In making his proportionality determination, the city engineer may rely upon categorical findings pertaining to on-site improvements; the proposed or potential use of the land; the timing and sequence of development in relation to availability of adequate levels of public facilities; impact fee studies or other studies that measure the demand for services created by the development and the impact on the city's public facilities systems; the function of the public infrastructure improvements in serving the proposed development; the degree to which public infrastructure improvements to serve the subdivision are supplied by other developments; the anticipated participation by the city in the costs of such improvements; any reimbursements for the costs of public infrastructure improvements for which the proposed development is eligible; or any other information relating to the mitigating effects of the public infrastructure improvements on the impacts created by the development on the city's public facilities.

Based upon his proportionality determination, the city engineer shall affirm that the public infrastructure improvement requirements of the subdivision regulations do not impose costs on the developer for such improvements that exceed those roughly proportionate to those incurred by the city in providing public facilities to serve the development.

The city engineer may promulgate any application requirements that may assist in making the proportionality determination required by this subsection (c).

Commission and city council determination.

The planning and zoning commission and city council shall take into account the city engineer's report concerning the proportionality of public infrastructure improvement requirements to be applied to a proposed preliminary or final plat application, as the case may be, in making its decision on the plat application, and shall identify any variation to the requirements that are to be included as conditions to plat approval.

(e)

Appeals.

Who may appeal.

An appeal to the city council under this subsection (e) may be filed by a property owner or the applicant for a preliminary or final plat, in which a requirement to dedicate land for, construct or pay a fee, other than an impact fee, for a public infrastructure improvement has been applied or attached as a condition of approval, or as grounds for denying the plat application.

Time for filing and request for extension of time.

The appeal shall be filed in writing within 10 days of the date the planning and zoning commission takes action to recommend applying the public infrastructure improvement requirement to the plat application. The appeal shall be filed with the city manager or the manager's designee and shall be forwarded to the city council for consideration in conjunction with its deliberations on the plat application. The applicant may request postponement of consideration of the plat application by the city council pending preparation of the study required by subsection (4) below, in which case the applicant must officially withdraw the plat application from consideration.

Form of appeal.

An appeal under this subsection (e) shall allege that application of the standard or the imposition of conditions relating to the dedication, construction or fee requirement (other than impact fees adopted under Texas Local Government Code chapter 395) is not roughly proportional to the nature and extent of the impacts created by the proposed development on the city's public facilities systems, or does not reasonably benefit the proposed development.

Study required.

The appellant shall provide a study in support of the appeal that includes the following information within 30 days of the date of appeal, unless a longer time is requested:

Total capacity of the city's water, wastewater, street, drainage or park system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed.

Total capacity to be supplied to the city's water, wastewater, street, drainage or park facilities system by the dedication of an interest in land, construction of improvements or fee contribution. If the plat application is proposed as a phased development, the information shall include any capacity supplied by prior dedication, construction or fee payments.

Comparison of the capacity of the city's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of improvements, or fee payment. In making this comparison, the impacts on the city's public facilities system(s) from the entire development shall be considered.

The amount of any city participation in the costs of oversizing the public infrastructure improvement to be constructed in accordance with the city's requirements.

Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication, construction or fee requirement imposed by the city.

(f)

Land in extraterritorial jurisdiction.

Where the subdivision or the public infrastructure improvements are located in the extraterritorial jurisdiction of the city and are to be dedicated to a county under an interlocal agreement under Texas Local Government Code chapter 242, an appeal or study in support of the appeal shall not be accepted as complete for filing by the city manager unless the appeal or study is accompanied by verification that a copy has been delivered to Grayson County.

(g)

Decision.

The city council shall decide the appeal in conjunction with its decision on the plat application. The council shall base its decision on the criteria listed in subsection (h) of this section, and may take one of the following actions:

Deny the appeal, and impose the standard or condition on the plat application in accordance with the city engineer's recommendation or the planning and zoning commission's recommendation on the plat; or

Deny the appeal, upon finding that the proposed dedication, construction or fee requirements are inadequate to offset the impacts of the subdivision on the public facilities system for water, wastewater, street, drainage or park improvements, and either deny the plat application or require that additional public infrastructure improvements be made as a condition of approval of the application; or

Grant the appeal, and waive in whole or in part any dedication, construction or fee requirement for public infrastructure improvements to the extent necessary to achieve proportionality; or

Grant the appeal, and direct that the city participate in the costs of acquiring land for or constructing the public infrastructure improvement under standard participation policies.

(h)

Criteria for approval.

In deciding an appeal under this section, the city council shall determine whether the application of the standard or condition requiring dedication of an interest in land for, construction of or payment of a fee for public infrastructure improvements is roughly proportional to the nature and extent of the impacts created by the proposed subdivision on the city's public facilities systems for water, wastewater, street, drainage or park facilities, and reasonably benefits the development. In making such determination, the council shall consider the evidence submitted by the appellant, the city engineer's report and recommendation, considering in particular the factors identified in subsection (c) of this section, and, where the property is located within the city's extraterritorial jurisdiction, any recommendations from the county.

Action following decision.

If the relief requested under the proportionality appeal is granted in whole or in part by the city council, the dedication, construction or fee requirement initially recommended by the planning and zoning commission as a condition of plat approval shall be modified accordingly, and the standards applied or the conditions attached to commission's recommendation on the plat application shall be conformed to the relief granted. Thereafter, the appellant shall resubmit the plat application to the city council within 90 days of the date relief under the appeal is granted, in whole or in part, showing conformity with the city council's decision on the appeal.

(j)

Expiration of relief.

If an applicant for plat approval prevails on a proportionality appeal, but fails to conform the plat to the relief granted by the city council with the 90-day period provided, the relief granted by the city council on the appeal shall expire and:

The council may extend the time for filing the revised plat application for good cause shown, but in any event, the expiration date for the relief granted shall not be extended beyond one year from the date relief was granted on the appeal.

If the plat application is modified to increase the number of residential units or the intensity of nonresidential uses, the responsible official may require a new study to validate the relief granted by the city council.