(a) 
Except for private subdivisions all streets and improvements within the city limits shall become the property of the city and/or Harlingen Water Works upon completion and acceptance. All water and sewer utilities shall become the property of the water and/or wastewater utility in whoever's CCN the subdivision is located.
(b) 
The developer shall, at the developer's expense, construct all improvements, both on site and off site, required by this section including any streets, water distribution system, water pumping stations, sanitary sewers and lift stations, bridges, major drainage structures, and other improvements required to service the proposed subdivision.
(c) 
The developer, at the developer's expense, shall extend all water mains, sanitary sewer lines, drainage appurtenances, other utilities, and streets to the outer boundaries of the subdivision as necessary to provide services to the subdivision and to provide for future extensions to adjacent properties as deemed appropriate by the city and the water/wastewater utility in whose CCN the subdivision is located.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Oversize streets.
When the city requires paving width in excess of 37 feet as may be required by the comprehensive plan or as otherwise may be required by the city for streets, the city shall pay for any portion of the street in excess of 37 feet. The developer shall pay for the installation of sidewalks and curb and gutter where applicable.
(b) 
Interior streets.
The developer shall pay 100 percent of the costs of installing interior streets, including curb and gutter, for a street width not to exceed 37 feet (local street standard).
(c) 
Perimeter streets.
To provide for safe and orderly two-way vehicular travel on streets accessing new subdivisions, perimeter streets that do not meet the current city standard (or are deficient) shall be subject to one of the following options, at the discretion of the developer:
(1) 
Improve the subject perimeter streets to a minimum of 24 feet of pavement width; this width has been determined by the city to be the minimum width that will allow for safe and orderly two-way vehicular travel regardless of the level of traffic impact the proposed subdivision has on the perimeter streets. Such streets shall not be allowed to have parking along the side of the street.
a. 
For subdivisions inside the city limits or outside the city but the developer has requested annexation, the perimeter street improvements described above shall be constructed to the city's standards and situated and designed in a manner that will permit the remaining pavement to be added at a future date. Streets constructed pursuant to this article may be constructed without curb and gutter if, an alternative method of street drainage (such as culverts and/or drainage channels) is approved by the city engineer and is constructed as a part of the subdivision street improvements.
b. 
Subdivisions outside of the city limits, but within the city's ETJ, may improve said perimeter streets to the standards for a minor residential street as outlined in the Cameron County Subdivision Regulations.
(2) 
In lieu of subsection (c)(1) of this section, the rough proportionality provision described in section 109-192 shall be applied to the deficient perimeter streets. Said rough proportionality standard shall be applied as if the deficient perimeter street were to be improved/reconstructed to the standard as outlined in the city's long range thoroughfare plan.
This section does not require developers to construct and/or improve perimeter streets owned and maintained by the State of Texas (TxDOT); however, the additional right-of-way for such street shall be dedicated in accordance with the provisions set forth in section 109-124.
(d) 
Special fund.
(1) 
There is hereby established a special escrow account for the deposit of each sum paid for future street improvements under this article, which shall be known as the street escrow account.
(2) 
The city shall account for all sums paid under this section with reference to individual plats involved and the perimeter street on which it has frontage.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Oversizing of drainage facilities.
When the city determines it is necessary to oversize facilities for the orderly development of the area drainage system, the city will participate in the cost of such oversized pipe or facilities provided funds are available for this purpose. Should the city participate in oversizing, the city shall recover its cost from future connections made onto the storm drainage system.
(b) 
Cost recovery.
Should the city, on its own initiative, install a drainage system to serve a particular area of the city, the city can recover its cost from future connections made on to the storm drainage system. The developer shall bear all costs, including, but not limited to, labor and materials required to make connections to the city-installed storm drainage system. Reimbursement to the city, and, when applicable, to the initial developer, shall be the pro rata cost per acre of that portion of the oversized system necessary to accommodate the number of acres in the subdivision making connection to the oversized system, plus eight percent per annum interest from the date of installation of the oversized drainage system. The pro rata cost per acre of the subdivision shall be calculated by the city engineer or the director of public works.
(c) 
Special drainage districts established.
(1) 
In the following areas of the city, drainage improvements have been made and developers dividing land in such areas will be responsible for payment of their pro rata share of the cost prior to recordation of the plat.
(2) 
V-line ditch. Drainage fees for the "v-line" relief drain ditch shall be as found in the city fee schedule in subpart A—General Ordinance chapter 18 Fees.
* Note all payments are payable on gross acreage of property to be developed.
(3) 
Sections indicated on the fee table refer to the map below.
V-line drainage assessment area map
109a V-line drainage assessment area map.png
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Where road reconstruction is imminent or the developer would prefer to complete building construction prior to sidewalk construction, the value of sidewalk improvements may be put into a special escrow account similar to the procedure with road assessments.
(b) 
The amount paid shall be as set forth in subsection (c) of this section and shall be placed in a special escrow fund to remain earmarked for sidewalk improvements on the subdivision road where deposited.
(c) 
The amount to be paid is calculated by the city public works/engineering department based on the standard cost of sidewalk development from their most recent bids, or other sources such as TxDOT Average Low Bid Unit Prices.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
In accordance with V.T.C.A. Local Government Code § 212.904 (apportionment of municipal infrastructure costs), as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the city engineer. This only applies to subdivisions within the city limits.
(b) 
Developer's report.
The developer shall submit a report prepared by a professional engineer licensed to practice in Texas to the Department of Planning and Development or HWWS or other water and/or wastewater utility in whose CCN the subdivision is located that must include the following information:
(1) 
An analysis of existing infrastructure capacity, throughput, and conditions in the area including, as applicable, streets (width of right-of-way and pavement), alleys, street lighting, street signals, water distribution system, sanitary sewer system, fire hydrants, and stormwater drainage system;
(2) 
An analysis of the need for infrastructure additions or improvements created by the proposed development project and the projected throughput of these systems after development;
(3) 
A determination of the improvements that are related to the needs created by the proposed development project and roughly proportionate to the impact of the proposed development project; and
(4) 
Any other information that may be required by the city engineer in determining the accuracy of the developer's report.
(c) 
City study.
The city engineer shall prepare a report that reflects the accuracy of the developer's report.
(d) 
Rough proportionality appeal.
(1) 
A developer who disputes the determination made under subsection (c) may appeal to the city commission. At the appeal, the developer may present evidence and testimony under procedures adopted by the city commission. After hearing any testimony and reviewing the evidence, the city commission shall make the applicable determination within 30 days following the final submission of any testimony or evidence by the developer. The developer must file a written appeal with the city and submit copies of a study prepared by a registered professional engineer demonstrating that the additional development improvements are:
a. 
Not in accordance with this subdivision chapter; and/or
b. 
Not roughly proportionate to the cost of the proposed development taking into consideration the nature and extent of the development proposed.
(2) 
After holding and considering evidence from both the developer and the city engineer, the city commission may:
a. 
Deny the appeal, effectively imposing the required development improvement;
b. 
Grant the appeal and waive in whole or in part the required development improvement as necessary to achieve proportionality; or
c. 
Grant the appeal and direct that the city shall waive all or part of the subdivision requirements or participate in the costs of the development improvement.
(3) 
An applicant may appeal the decision of the city commission under this section to the appropriate county or district court within 30 days of the final determination by the city commission.
(Ordinance 2022-52, § 1, adopted 12/21/2022)
(a) 
Requirements for park land dedication.
Neighborhood and community parks are those facilities providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. Park zones are hereby established in the map below and shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated.
109 Park Zones.tif
109 Park Zones with ETJ Area.tif
(1) 
General requirements.
a. 
Whenever a final plat is filed for approval with the city for the development of a residential or multi-family development within the city limits or within the extraterritorial jurisdiction, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal two (2) acres for each 30 acres of net development. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication of this subsection may be met by a payment of money in lieu of land when permitted or required by the other provisions of this section. For subdivisions within the Harlingen extraterritorial jurisdiction a payment of money in lieu of land shall be the only option. Residential or multi-family subdivisions within the extraterritorial jurisdiction in which the developer has requested voluntary annexation to the city limits, and the annexation took place, shall be exempt from the provisions of this section.
b. 
The city commission declares that development of an area resulting in a land dedication smaller than two (2) acres for public parks purposes is impractical. Therefore, if fewer than 30 acres are proposed by a plat filed for approval, the developer shall be required to pay the applicable payment in lieu of land amount provided by section 2, money in lieu of land, rather than to dedicate any land area. No plat showing a dedication of less than two (2) acres shall be approved.
c. 
In instances where an area is required to be dedicated, the city commission shall have the right to accept the dedication on the final plat, or to refuse same, after consideration of the recommendation of the planning and zoning commission. If the dedication is disapproved by the city commission, or the development is less than 30 acres in net area, a payment in lieu of land in the amount of $450.00 per dwelling unit shall be required prior to plat recording. The fee shall increase in the amount of $25.00 per dwelling unit after each annual anniversary of the adoption of this section to be capped at $750.00 per dwelling unit. If the actual number of dwelling units proposed for construction exceed the figure upon which the original land dedication or payment was based, such additional dedication shall be required, and shall be made by the payment per each additional dwelling unit before the building permit is issued.
d. 
The general criteria for the determination to accept or reject the proposed dedicated land shall be whether or not there is sufficient park area in the public domain in the area of the proposed development or if the recreational potential for that park zone would be better served by expanding or improving existing parks, or whether or not the particular property is suitable for park purposes because of traffic conditions, environmental concerns, adjacent property uses, configuration of the property or other appropriate criteria to be established by the city commission.
e. 
In those cases where developers of land provide significant amenities, such as, swimming pools, tennis courts, basketball courts, ball fields or walking trails within the development for the benefit of those residing therein, and where, with a positive recommendation from the planning and zoning commission, could obtain a reduction of up to 50 percent of the required payment in lieu of land dedication.
(2) 
Money in lieu of land.
a. 
Payments may be used only for acquisition of land and improvements or for improvements to an existing park located within the same park zone as the area being developed.
b. 
Funds from all the park zones could be used for the acquisition of land for a park to be created after the passing of this section or for improvements to regional parks. The existing regional parks that could use funds from all the park zones are the following: Victor Park, Lon C. Hill Park, Pendleton Park, the Soccer Complex and the Wilson Sports Complex.
(3) 
Special fund; right to refund.
a. 
There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication for park purposes, which fund shall be known as the park land dedication fund and divided by zones as per the map in subsection (a).
b. 
The city shall account for all sums paid in lieu of land dedication under this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within ten (10) years from the date received by the city for acquisition for development of a neighborhood park as defined herein. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the subdivision developer on the last day of such period shall be entitled to a refund of such sums without accrued interest. The developer of such property must request such refund within one (1) year of entitlement, in writing, or such right shall be barred.
(4) 
Additional requirements.
a. 
Any land dedicated to the city under this section must be suitable for park and recreational uses and approved by the city commission.
b. 
Each park must have ready access to public streets.
c. 
Due to this section all residential and multi-family subdivisions within the city limits or within the extraterritorial jurisdiction will require approval of the preliminary construction plans and the final plat from the city commission.
(5) 
Exemption.
a. 
This section shall not apply and have no effect on any subdivision in the city that a plat application has been filed prior to the passage of this section.
b. 
Not for profit corporations that focus on providing affordable housing to families of low to moderate income are exempt from this section. The articles of incorporation of the corporation must be reviewed and approved by the city attorney.
(Ordinance 2023-47, § I, adopted 11/1/2023; [Ordinance 2024-73 adopted 11/6/2024])