(a) 
Adequate service for areas proposed for development.
Land proposed for development in Irving City Limits must be adequately served by essential public facilities and services, including water facilities, wastewater facilities, roadway, bicycle and pedestrian facilities, and stormwater drainage facilities. Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist and cause the building to be fit for occupancy or until provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. Facilities serving new development must conform to and relate to requirements in the City's Master Plans, applicable Design Criteria Manuals, and applicable Capital Improvement Plans for the type of facility being constructed, and must meet the service levels specified in such plans.
(b) 
Responsibilities of the developer.
The developer shall be responsible for the following if deemed necessary by the City to maintain adequate capacity for essential public services:
(1) 
Phasing of development or improvements in order to ensure the provision of adequate public facilities. Each phase must be capable of existing as an independent project, each of which separately conform to the requirements in the applicable City standard;
(2) 
Extending public facilities and roadways (including any necessary on-site and off-site facilities) to connect to existing public facilities for purposes of serving the development;
(3) 
Providing and procuring all necessary property interests, including rights-of-way and easements, for the facilities (on-site or off-site);
(4) 
Providing proof to the City of adequate public facilities through capacity analyses/studies for water, wastewater and storm drainage facilities;
(5) 
Providing proof to the City of adequate public facilities and/or identify necessary roadway needs through a Traffic Impact Analysis (TIA) for roadway and bicycle/pedestrian facilities, as applicable, to the extent permitted by state law or this code;
(6) 
Making reasonable provisions for future expansion of the public facilities that serve the development in order to accommodate future developments by extending water, and wastewater lines to the limits of the development;
(7) 
Making reasonable provisions for adequate drainage infrastructure as required by the City Engineer;
(8) 
Providing for the future operation and maintenance of facilities that serve a public purpose but that will not be dedicated to the public;
(9) 
Providing monetary, bonding or other form of approved security to ensure full performance for the completion of construction of public facilities for the development;
(10) 
Obtaining approvals from utility providers (other than the City) that will provide utility services to the development as applicable;
(11) 
Complying with requirements, which may include obtaining permits and approvals of other government authorities and/or third parties, that either have jurisdiction over or will serve the project in whole or in part. The City is not responsible for ensuring compliance with such requirements or for obtaining or issuing such permits and approvals unless otherwise provided by law. Proof of compliance with such requirements (including copies of permit and other authorizations) shall be submitted by the developer to the City;
(12) 
Filing for and obtaining an initial certificate of adequate facilities from the City, showing that the proposed development will be adequately served by public facilities and services at the time for approval of the first development application reflecting a specific plan of development; and
(13) 
Filing for and obtaining (with consent of the property owner if developer/applicant is not the property owner) a Public Infrastructure Permit(s) (PIP) for drainage, pavement, sanitary sewer and/or water/wastewater facilities and connection permit(s) in the right-of-way and/or easements, as applicable, prior to beginning construction. Beginning construction shall mean the release of the approved construction plans to the field via the Engineering Inspector, which constitutes a notice to proceed. Such PIP shall be in the form and with such attachments as required by the City Engineer.
(c) 
Reservation and entitlement of capacity.
The capacity of the utility system available for reservation will be determined after the submittal of a capacity study, if required, and the issuance of a certificate of adequate facilities.
(1) 
If sufficient capacity exists, it will be reserved or conditionally allocated pending final approval of the plat or application of the development project.
(2) 
Capacity entitlements are not guaranteed until all conditions are met and all fees paid, including the issuance of a building permit or recordation of a plat as applicable.
(3) 
An application for a PIP shall be submitted within one year of the date of plat approval and within two years after the approval of civil plans where capacity is reserved at the time of plat. Up to two six-month extensions may be granted by the City Engineer upon proper documentation of the purpose of each extension.
(4) 
The provision of City service is also predicated on the permitting and acceptance by the City of necessary improvement to public infrastructure as necessary.
(5) 
Where replatting is not required, an application for a building permit shall be submitted within one year of acceptance of capacity study, if required, and issuance of a certificate of adequate facilities. Capacity reservation shall remain valid with an active building permit but shall expire with the expiration of the building permit.
(6) 
Subsequent requests for usage of capacity for servicing development will consider all previously approved capacity entitlements, whether currently in use or in reservation.
(7) 
The City may deny plats, building permits or certificates of occupancy if studies, including those that account for reserved capacity, indicate the proposed development would exceed available public facility capacity or require construction to expand the system.
(8) 
A capacity study shall be valid for a period of one year from the date of submittal to the City. If a capacity study expires, the developer shall be responsible for conducting a new study, if required, in order to reestablish and document capacity. If no permit application of any type is submitted within the time period that the capacity study is valid, reservation and entitlements are considered abandoned.
(Ordinance 2025-11146 adopted 8/28/2025)
(a) 
This chapter applies to:
(1) 
Any development requiring City approval or connection to City infrastructure, except as otherwise prohibited by this Code or state law; and
(2) 
Redevelopment projects and building conversions proposing an increase in demand above existing conditions where a cumulative impact on public facilities is anticipated, as applicable.
(b) 
This chapter does not apply to individual single-family properties within a residential subdivision after initial construction.
(Ordinance 2025-11146 adopted 8/28/2025)
(a) 
Analysis required.
The developer shall be required to provide public facility capacity studies for water, wastewater, and storm drainage as part of the building permit submittal. The City reserves the right to require additional studies to determine capacity to serve new development.
(b) 
Infrastructure capacity review by public facility type.
(1) 
Water supply, distribution and treatment.
a. 
All proposed developments shall demonstrate the availability of water supply, distribution and treatment capacity to serve the proposed development at the time of platting or building permit, whichever is first. If no plat is necessary, the study shall be provided prior to the building permit application. The study shall document compliance with the City's Water Master Plan and evaluate existing water system available capacity to serve the proposed development as outlined in chapter 41, water and Sewer Systems, article II, Water and Sanitary Sewer Connection Regulations" of the Irving Code of Civil and Criminal Ordinances, and the Water and Wastewater Design Manual.
b. 
Details regarding water projects incorporated into the Impact Fee Capital Improvements Plan (CIP) may be found in chapter 42 of the Irving Code of Civil and Criminal Ordinances. Developers may receive credit toward required impact fees by constructing eligible facility improvements consistent with chapter 395 of the Texas Local Government Code.
c. 
City staff will coordinate with the City's wholesale water provider on available water supply and treatment capacity and cost, if applicable. If water demands for the development trigger the need for additional treated water above the City's contracted maximum supply, availability of the additional water capacity must be confirmed and approved by wholesale water provider prior to issuance of any permit.
(2) 
Wastewater collection and treatment.
a. 
All proposed developments shall demonstrate availability of wastewater collection and treatment capacity at the time of platting or building permit, whichever is first. If no plat is necessary, the study shall be provided prior to building permit application. The study shall document compliance with the City's Wastewater Master Plan and evaluate existing wastewater system available capacity to serve the proposed development as outlined in chapter 41, Water and Sewer Systems, article II, Water and Sanitary Sewer Connection Regulations, of the Irving Code of Civil and Criminal Ordinances, and the Water and Wastewater Design Manual.
b. 
Details regarding wastewater projects incorporated into the Impact Fee Capital Improvements Plan (CIP) may be found in chapter 42, Impact Fees of the Irving Code of Civil and Criminal Ordinances. Developers may receive credit toward required impact fees by constructing eligible facility improvements consistent with chapter 395 of the Texas Local Government Code.
c. 
City staff will coordinate with the City's wholesale wastewater on available wastewater conveyance and treatment capacity and cost, if applicable. If the hydraulic modeling indicates that the development will increase the wastewater treatment demand to the point that additional wastewater treatment above the City's contracted maximum from the wholesale wastewater treatment provider, developer will be responsible for costs associated with the additional capacity.
(3) 
Traffic, transportation and pedestrian circulation.
a. 
All proposed developments shall demonstrate that the street and road network can accommodate projected traffic from new development at a minimum Level of Service (LOS) as adopted in the City's Master Thoroughfare Plan and Access Management Manual, as defined in the Highway Capacity Manual. Except as otherwise prohibited by state law or this Code, a TIA may be required, as determined by the Director of Traffic and Transportation. Aside from other land uses, all multifamily and mixed-use developments may be required to provide a TIA as set forth in the City's Access Management Manual and as allowed by law. All TIAs, access management requests, and roadway improvements shall use Level of Service "D" as the minimum acceptable standard for all roadways. Where this threshold is exceeded, mitigation measures must be implemented to restore or maintain LOS "D."
b. 
Right-of-way dedication may be necessary to provide for the roadway width of classified roadway facilities as provided in the cross sections in the adopted Master Thoroughfare Plan, if required by the City for the development.
c. 
Driveways shall be provided on the site as identified in the Access Management Manual. Design criteria for driveways, visibility triangles, driveway spacing, driveway throat distances, turn lane designs, criteria for installation of turn lane design and TIA requirements shall be met. Required street design criteria including sidewalk design, alley design, street lighting, traffic signal requirements and traffic control plan requirements shall comply with the Transportation Engineering Design Manual.
(4) 
Storm drainage runoff.
a. 
All proposed developments shall demonstrate the adequacy of downstream drainage systems to accept the runoff from the proposed conditions.
1. 
The developer shall be responsible for all aspects of performing the analyses including engineering services and the collection of any data necessary to determine the configuration and capacity of existing systems.
2. 
The drainage analysis shall demonstrate that there are no adverse impacts to public and private drainage systems or other property and that the proposed development is safe from flooding consistent with the standards set forth in chapter 51 of the Land Development Code.
3. 
Analysis of adequate capacity shall be performed in accordance with Land Development Code, chapter 51, Stormwater Management and Drainage.
b. 
Should downstream drainage systems be demonstrated not to have adequate capacity for the proposed conditions, the developer shall be responsible to identify, design, and construct mitigation measures which would bring the development into compliance.
1. 
The developer shall be responsible for all costs for implementing mitigation measures.
2. 
The primary means of mitigation shall be through on-site improvements such as stormwater detention.
3. 
Should the developer elect to, off-site mitigation measures such as regional stormwater detention or downstream capacity improvements may be implemented.
4. 
All mitigation measures, both on-site and off-site, shall be analyzed, designed and constructed in accordance with the Land Development Code, Chapter 51, Stormwater Management and Drainage and design criteria required by the City Engineer.
(Ordinance 2025-11146 adopted 8/28/2025)
(a) 
Prior to permit approval, City staff shall review the submitted infrastructure capacity study(ies) to verify whether public facilities are adequate for construction of the proposed development. Written approval through a certificate of adequate facilities shall be provided to applicant from the City confirming the ability of each applicable public infrastructure system to provide minimum capacities to serve a proposed development and cause it to be fit for occupancy.
(b) 
If adequate facilities are not available, PIPs for construction of public facilities, plat approvals, or building permits shall not be issued unless the developer:
(1) 
Funds and constructs necessary system improvements to meet the minimum requirements for the development; or
(2) 
Phasing of the development until adequate capacity exists.
(Ordinance 2025-11146 adopted 8/28/2025)
A fee shall be required for the infrastructure capacity review based on the latest consolidated fee schedule as adopted by the City Council.
(Ordinance 2025-11146 adopted 8/28/2025)