Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

3. C.
   Applicability. This Section established standards that are specific or unique to the various permitted development types.  
4. D.
   Development Types.

   1. 1.
      Conventional.

      1. a.
         Description. The conventional development type, as depicted in Figure 4.22-1, is a pattern that allows primarily residential uses and that provides the majority of residential property owners with private open space on their own property. A conventional development type consists of varying housing types depending on the zoning district and minimum lot size is a primary factor in the character built environment of the development.
      2. b.
         Standards. All the requirements of this Article shall apply to conventional development types unless otherwise specified. 
         

Figure 4.22-1 Conventional Development Type

1. .
   2. 2.
      Cluster.

      1. a.
         Description. A cluster development type, as depicted in Figure 4.22-2, consists of smaller lots than conventional development that are clustered together in order to provide for common civic and open spaces. The common open space may be set-aside for resource features such as private parks, recreation areas, woodlands, creeks, streams, and their riparian areas, floodplains, and similar features. Cluster development may be used to preserve environmental resources by clustering lots on the buildable portions of the property. 
      2. b.

         Housing Types. At least two permitted housing types as listed in Table 2.31-1, Consolidated Use Table, shall be provided and no one lot size/configuration dwelling type may exceed a total of 70 percent of all the residential units in the development.

      3. c.
         Minimum Site Area. The minimum site area required for a cluster development is 5 acres.
      4. d.
         Common Civic and Open Space Requirements.

         1. i.
            Regardless of whether common open space is on privately or publicly owned property, the space shall be open to the public at the same hours as a comparable City park.
         2. ii.
            A minimum of 75 percent of the required civic and open space shall consist of the natural area open space type per 3.34, Civic and Open Space Types. Open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would materially enhance natural resource management.
         3. iii.
            Land area within the cluster development dedicated to permitted Community Facilities use categories shall not exceed 10 percent of the total land area of the development. In addition, such uses may be counted toward 10 percent of the common open space requirement established in 2.21, Residential District Dimensional Standards. For example, a 20-acre cluster development with single-unit attached and detached dwellings requires three acres (15% of the development) of civic and common open space. The development may have up to two acres of nonresidential uses and 13,068 square feet of the nonresidential development counts toward the amenity space requirement. 
      5. e.
         Minimum Lot Area Adjacent to Other Development. Where adjacent to existing conventional single-unit development, cluster development lots on the perimeter shall be:

         1. i.
            Equal to or greater than the lot area and width of the adjacent lots;
         2. ii.
            Separated from adjacent lots by a Type A bufferyard; or
         3. iii.
            The dwelling units on the perimeter cluster lots shall be set back from the boundary of the cluster development a minimum of the following distances based on the number of cluster lots being developed:

            1. (A)
               One to 10 lots: 30 feet;
            2. (B)
               11 to 30 lots: 40 feet; and
            3. (C)
               31 or more lots: 50 feet.
      6. f.
         Distance from Residential Lots. All required common open space defined as amenity types shall be located a maximum of 1,200 feet from any residential lot within the cluster development, measured along a sidewalk or trail from the nearest property line of the lot to the nearest property line of the open space. 
      7. g.
         Buffering Requirements. A bufferyard along the perimeter of the cluster development may count toward the required common open space. However, no more than 25% of the total required open space may be within the buffer yard.
      8. h.
         Shoulders and Drainage Swales. Improved shoulders and drainage swales, designed in accordance with design standards approved by the City Engineer, may be utilized rather than curbs.
         

1. .
   3. 3.
      Infill.

      1. a.
         Description. An infill development type, as depicted in Figure 4.22-3, consists of smaller lots and greater densities than conventional or cluster developments that make efficient use of land and infrastructure on vacant or underutilized lots in already developed areas.   

1.  
   3.  
      2. b.
         Eligibility for Infill. Infill development may be permitted on any individual parcel located in an UR or AR zoning district and that meets Requirements ii., iii., iv., or v. below:

         1. i.
            Minimum Site Area or Infill. The minimum area for an infill subdivision shall be five acres.  
         2. ii.
            Vacant or Unoccupied. That is surrounded by existing developed properties and has been vacant or unoccupied for more than one year; 
         3. iii.
            Utility Easements. Where adjacent properties abutting at least 50 percent of the non-street perimeter of the subject property are utility easements that create a substantial break in development or redevelopment potential; 
         4. iv.
            Environmental Constraints. Where adjacent properties abutting at least 50 percent of the non-street perimeter of the subject property are encumbered by environmentally sensitive or constrained areas such as floodplains; or
         5. v.
            Existing Development. Where adjacent properties abutting at least 50 percent of the non-street perimeter of the subject property are developed with single-unit dwellings of higher density or intensity uses.
      3. c.
         Appearance. Infill development shall be constructed to be generally compatible in appearance with other existing structures in the context, as established in Paragraph d.vi, Context, below, that comply with this Ordinance. This provision shall be satisfied by constructing the proposed building(s) so that at least three of the following features are substantially similar to the majority of other buildings in the context:

         1. i.
            Roof pitch and overhang;
         2. ii.
            Shape, size, and alignment of windows and doors;
         3. iii.
            Front porches or porticos;
         4. iv.
            Exterior building color; or
         5. v.
            Location and style of garage or carport.
      4. d.
         Alternative Standards. In place of the standards in 2.21, Residential District Dimensional Standards, and other standards of this ULDC, the applicant may utilize the following alternative standards. 

         1. i.
            Lot Area and Width. The minimum lot area may be that of the smallest lot in the context of the development, as defined in Paragraph d.vi., Context, below. The minimum lot width may be that of the narrowest lot in the context of the development. Refer to 7.64, Replat, for requirements related to replatting existing lots.
         2. ii.
            Maximum Building Height. The maximum building height may be that of the tallest building in the context, plus 15 percent of the height. 
         3. iii.
            Minimum / Maximum Setbacks.

            1. (A)
               The minimum front or street side setback may be that of 80 percent of the average front or street side setbacks in the context of the development.
            2. (B)
               The maximum front and street side setback, where applicable, may be that of the average of the front and street side setbacks of the context of the development, plus 10 percent.
            3. (C)
               The minimum side and rear setbacks may be that of 80 percent of the average side or rear setbacks in the context of the development.
         4. iv.
            Buffering. Except as required for specific uses in Division 2.3, Use Standards, where a buffer is required along a street or parking area, or between zoning districts, the buffer width and planting materials per 100 feet may be reduced by 50%.
         5. v.
            Parking. The development may take advantage of the parking credits and reductions in Sec. 3.35, Parking Credits and Reductions.
         6. vi.
            Context. This Subsection identifies various contexts that inform the allowances provided in Subsection d., Alternative Standards, above, and as depicted in Figure 4.22-4, Context Illustrations.

            1. (A)
               Alley Lot. If the infill site is an alley lot (shown in blue), then the context consists of other adjacent alley lots and the surrounding lots within the block that includes the infill site (shown in green).
            2. (B)
               Corner Lot. If the infill site is a corner lot, then the context consists of both block faces that include the infill site and the lots directly across the street from the infill site.
            3. (C)
               Interior Lot. If the infill site is an interior lot, then the context consists of the block face that includes the infill site and the lots directly across the street from the infill site.
            4. (D)
               Lots in Unimproved Block Face. If the infill site is within a block face that does not include other lots improved with buildings, then the context consists of the opposing block faces (being immediately opposite the same street as the project site) and the remaining lots on the block of the infill site.
            5. (E)
               Lots in Unimproved Block. If the infill site is within a block that does not include other lots improved with buildings, and the block face opposite the given project site does not include other lots improved with buildings, then the context consists of the block faces surrounding the block that includes the infill site.
               

Figure 4.22-4 Context Illustrations
Alley Lot	Corner Lot
Interior Lot	Lots in Unimproved Block Face
Lots in Unimproved Block

1.  
   4. 4.
      Cottage Court.

      6. f.
         Description. A cottage court development type, as depicted in Figure 4.22-5, broadens the diversity of housing options available in the community to provide accessible, adequate, and affordable housing. This development type may contain a group of single-unit detached houses, tiny houses, attached houses, or townhouses typically arranged in a cluster of four to 12 dwelling units around a common open space, and may include a common building as an amenity (e.g., a common kitchen or meeting area) and accessory building. Vehicular access may be provided by a shared parking lot.
      7. g.
         Building Requirements.

         1. i.
            Maximum Floor Area. Cottage court units shall include a total maximum floor area of 1,200 square feet. 
         2. ii.
            Minimum Site Area. The minimum site area for the development of a tiny house neighborhood or cottage court development type shall be one-half acre. The maximum site area shall be no greater than five acres.
         3. iii.
            Common Areas. The following shall apply to both tiny house neighborhood and cottage court development types:

            1. (A)
               Common open space shall be a minimum of 30 percent of the overall site and shall include a central green, lawn or garden area, playground, or plaza as a central focal point of all dwellings. 
            2. (B)
               Common improvements of common area shall include pedestrian walkways connecting each dwelling unit to a community-wide sidewalk network, shared parking areas or garages, and a Type A bufferyard around the perimeter of the site that preserves existing vegetation and incorporates landscape materials, earthen berm, or a wall or fence to provide a visual buffer from adjacent development. See 3.43, Bufferyard Landscaping. 
            3. (C)
               If a common building is permitted as accessory to a tiny house neighborhood and may serve all residents. Its gross floor area shall be no greater than 10 percent of the site area. A common building may include a kitchen and meeting and/or indoor recreation facilities (but no bedrooms).  
         4. iv.
            Bufferyard Requirements. Where located adjacent to a separate property in an ER, SR, MR, or mixed-use district, a Type A bufferyard in accordance with 3.43, Bufferyard Landscaping, shall be planted around the outer perimeter of the community.
         5. v.
            Required Vehicular Access to Cottage Court Development Types. A cottage court development types require direct access from a local, minor, or collector street type.
         6. vi.
            Garages. The following garage structure requirements shall apply to both tiny house neighborhood and cottage court development types: 

            1. (A)
               If provided, detached garages serving more than one dwelling unit shall be accessed via a private drive or alley.
            2. (B)
               Garage doors are prohibited from facing public streets rights-of-way unless screened by a Type B bufferyard. 
            3. (C)
               A garage shall not exceed four car bays. 
            4. (D)
               Garage buildings shall be consistent in architecture, materials, and color to the principal dwellings.

Figure 4.22-5, Cottage Court Development Type

Figure 4.22-5, Cottage Court Development Type

Figure 4.22-5, Cottage Court Development Type

Figure 4.22-5, Cottage Court Development Type

(Ordinance No. 16,024, 12/12/2024) 

Effective on: 1/1/2025

4. D.
   Culs-de-Sac.  In a subdivision, culs-de-sac (dead-end streets with turnarounds) shall be subject to the following:

   1. 1.
      Turnarounds. Turnarounds shall have a minimum right-of-way radius of 50 feet for a single-unit residential use and 60 feet for apartments and nonresidential or mixed-use developments, except that turnarounds where other than curb and gutter development is used shall have a minimum right-of-way radius of 60 feet adjacent to land to be used for single-unit residences and 70 feet adjacent to land to be used for other than single-unit residences.
   2. 2.
      Unpaved Islands. An unpaved island may be provided at the center of the cul-de-sac turnaround provided that:

      1. a.
         The island is surrounded by a mountable curb;
      2. b.
         The surface of the island is landscaped or covered with decorative pavers;
      3. c.
         Landscaping or other elements located in the island do not interfere with the sight triangle established in Sec. 2.41, Measurements;
      4. d.
         The island has a minimum radius of six feet and a maximum radius of 10 feet measured to the back of the curb;
      5. e.
         The island is owned and maintained by a homeowners' or property owners' association; and
      6. f.
         The radii of both the right-of-way and pavement shall be increased 10 feet to accommodate the island.
   3. 3.
      Maximum Length. The maximum length of a cul-de-sac shall be 800 feet, measured from the nearest right-of-way line of the intersecting street, along the centerline of the cul-de-sac, to the center of the turnaround, as depicted in Figure 4.23-1, Cul-de-Sac Measurement.
   4. 4.
      Temporary Turnarounds. Temporary turnarounds shall be used only where curb and gutter is not installed at the end of a street more than 400 feet long that will be extended in the future, either according to the plans of the subdivider or according to the Major Thoroughfare Plan. The base of turnarounds shall be composed of six-inch stabilization with asphaltic topping.
   5. 5.
      Plats. Temporary turnarounds shall be indicated on a plat as a cross-hatched area. The subdivider shall dedicate to the City a temporary easement for a turnaround until the street is extended (directional) in a recorded plat.

Figure 4.23-1, Cul-de-Sac Measurement
FIGURE NOTES:  A = Nearest right-of-way line of intersecting street | B = Center of cul-de-sac turnaround

Figure 4.23-1, Cul-de-Sac Measurement
FIGURE NOTES:  A = Nearest right-of-way line of intersecting street | B = Center of cul-de-sac turnaround

Figure 4.23-1, Cul-de-Sac Measurement
FIGURE NOTES:  A = Nearest right-of-way line of intersecting street | B = Center of cul-de-sac turnaround

Figure 4.23-1, Cul-de-Sac Measurement
FIGURE NOTES:  A = Nearest right-of-way line of intersecting street | B = Center of cul-de-sac turnaround

5. E.
   Alleys.

   1. 1.
      Minimum Width. The minimum right-of-way width for an alley shall be 20 feet and the minimum pavement width shall be 15 feet. Corners shall have a maximum turning radius of 20 feet to permit safe vehicular movement.
   2. 2.
      Alley Intersections. Alleys shall intersect other alleys and streets at right angles.
   3. 3.
      Dead-End Alleys Prohibited. Dead-end or cul-de-sac alleys shall be avoided unless natural resources, such as floodplains or wetlands prevent their connection to a local street and there is no alternative design that would serve all of the lots with alley access. 

6. F.
   Partial or Half-Streets. Partial or half-streets in a subdivision may be provided if the subdivider proposes a street to be located on a property line. Inside the City limits, the partial street may be dedicated, with a one-foot reserve in fee along the property line. Outside the City limits, the following note shall be used on such partial streets: "This foot strip is dedicated as an easement for all utility purposes including storm and sanitary sewers and shall automatically become dedicated for street purposes when and insofar as a foot strip adjacent to it is so dedicated."
7. G.
   Relation to Adjoining Street System.

   1. 1.
      Extension. Proposed streets within a subdivision shall fully extend to the boundary lines of the tract to be subdivided. The number of extended streets to the perimeter of the proposed subdivision shall comply with Table 4.23-1, External Access Points.
   2. 2.
      Temporary Turnarounds. Temporary turnarounds may be required to be constructed at the end of such stubbed streets, pending their extension, where such turnarounds are necessary to facilitate the flow of traffic or accommodate emergency or service vehicles.
   3. 3.
      Surety. A stubbed street shall require an approved surety instrument for full value to convert the stubbed street to a cul-de-sac or through street that complies with the standards in Subsection D, Culs-de-Sac, and any applicable standards of the City Engineer. The surety shall remain effective for 10 years in lieu of the continuation of such street.

Effective on: 1/1/1901

1.  
   2. 2.
      Side Lot Lines. Lots shall be rectangular as far as practicable. Side lot lines shall be perpendicular or, for curved streets or cul-de-sacs, radial to the street frontage. The following note may be in lieu of bearings: "All side lot lines are either perpendicular or radial to street frontage unless otherwise noted."
   3. 3.
      Double Fronts. Double front or through lots are prohibited.
   4. 4.
      Rear and Side Driveway Access. Rear and side driveway access to interstates or expressways, principal arterials and minor arterials shall be prohibited.
   5. 5.
      Corner Lots Siding on Major Streets. Corner lots with a width of less than 80 feet siding on interstates or expressways, principal arterials, and minor arterials shall be at least 15 feet wider than the average interior lots in the block.
   6. 6.
      Radial Lots. Radial lots shall have a minimum width of 40 feet at the building line.
   7. 7.
      Flag Lots.

      1. a.
         Generally. Flag lots shall only be used to provide for vehicular access to the principal portion of a lot through a and shall not be allowed if access to a public street in accordance with the minimum property development standards set forth in Article 2, Zoning Districts and Dimensional Standards, is available. 
      2. b.
         Panhandle. The portion of the lot shall only be used for vehicular access purposes.

         1. i.
            The staff portion of the lot shall be deed-restricted so that it shall only be used for ingress and egress.
         2. ii.
            The restriction must preclude the construction of any building, structure, wall, or fence within those portions.
         3. iii.
            The restriction must clearly indicate any portion of the staff that is to be used as a joint or shared access. 
      3. c.
         Dimensions.

         1. i.
            If a flag lot that is zoned for single or two-unit residential use derives access solely from its own staff, the minimum width of the staff shall be 20 feet.
         2. ii.
            If a flag lot that is zoned for any non-residential or multi-unit use derives access solely from its own staff, the minimum width of the staff shall be 24 feet.
         3. iii.
            If a flag lot derives its access in common with another lot, the combined common access shall have a minimum width of 20 feet. 
   8. 8.
      Minimum Lot Dimensions for Plats in ETJ. In a subdivision for a new plat in the ETJ, the minimum lot dimensions shall be as follows:

      1. a.
         Width. The minimum width shall be 50 feet.
      2. b.
         Depth. The minimum depth shall be 100 feet.
      3. c.
         Radial Lots. Radial lots shall have a minimum width of 40 feet at the building line.
      4. d.
         Lot Area. The lot area shall be a minimum of 5,400 square feet.
      5. e.
         Corner Lots.

         1. i.
            Corner lots are to be five feet wider than the average interior lots in the block.
         2. ii.
            Corner lots with a width of less than 80 feet siding on interstates or expressways, principal arterials and minor arterials shall be at least 15 feet wider than the average interior lots in the block.

Figure 4.24-1, Block Length and Width Measurement

Figure 4.24-1, Block Length and Width Measurement

Figure 4.24-1, Block Length and Width Measurement

Figure 4.24-1, Block Length and Width Measurement

3. C.
   Blocks. 

   1. 1.
      Numbering.    

      1. a.
         Blocks shall be numbered consecutively within the overall plat or sections of an overall plat as recorded.
      2. b.
         All lots shall be numbered consecutively within each block. Lot numbering continues from block to block in a uniform manner that has been approved on an overall preliminary plat.
   2. 2.
      Length.

      1. a.
         Except in the ER, MU, and SJ zoning districts, the maximum block length for a residential subdivision shall be 1,200 feet measured along the centerline of the block (along the rear property lines and as depicted in Figure 4.24-2, Block Length and Width Measurement).  
      2. b.
         In the ER zoning district, the maximum block length shall be 2,400 feet. In the MU zoning districts, the maximum block length shall be 600 feet. In the SJ zoning district, the maximum block length shall be 600 feet and maximum block perimeter shall be 1800 feet. 
      3. c.
         The minimum block length shall be 200 feet. 
   3. 3.
      Depth.

      1. a.
         Residential blocks shall be of sufficient depth, measured along the corner side lot lines of the end lots as depicted in Figure 4.24-2, Block Length and Width Measurement, to allow for two tiers of lots.  
      2. b.
         Nonresidential and mixed-use blocks should be of a depth suitable for the intended use, with due allowance for off-street parking, cross access, and loading facilities.

Figure 4.24-2, Block Length and Width Measurement
FIGURE NOTES:  A = Block Length | B = Block Depth

Figure 4.24-2, Block Length and Width Measurement
FIGURE NOTES:  A = Block Length | B = Block Depth

Figure 4.24-2, Block Length and Width Measurement
FIGURE NOTES:  A = Block Length | B = Block Depth

Figure 4.24-2, Block Length and Width Measurement
FIGURE NOTES:  A = Block Length | B = Block Depth

(Ordinance No. 16,024, 12/12/2024) 

Effective on: 1/1/2025

5. E.
   Cross-Access and Shared Access Easements. The subdivider shall provide cross-access and shared access easements, as depicted in Figure 4.25-1, Cross-Access and Shared Access, for multifamily, nonresidential, and mixed-use developments that front on locally maintained collector or arterial streets, subject to the following standards. Such easements may be provided at the front or at the back of a group of lots, depending on the anticipated amount of pedestrian activity for the development. 

   1. 1.
      Separate Ownership. Where adjacent properties are separately owned and not part of a common plan of development, the City may encourage shared access or internal cross-access easements, or both, as the parcels are platted, substantially improved, or redeveloped. As such, the City Engineer may grant a subdivider temporary individual access if:

      1. a.
         The subdivider demonstrates that the adjacent landowner refused an offer with regard to cross‐access; and
      2. b.
         The subdivider demonstrates that the proposed temporary or permanent access will not materially affect the safe and efficient flow of traffic.
   2. 2.
      Common Ownership or Phased Subdivisions. Phased subdivisions, subdivisions under the same ownership, or parcels that are consolidated for the purposes of development and comprised of more than one building shall provide cross-access and shared access easements as follows:

      1. a.
         The property proposed for development shall include cross-access easements with connections to abutting cross-access points or, if the abutting property is undeveloped or without cross-access points, stub-outs at locations on the property that allow for a connection in the future. In addition, if the abutting property is undeveloped or is without a driveway suitable for sharing, the property proposed for development shall include a shared access easement on its perimeter, in a location suitable for sharing access to the street with the abutting property in the future; 
      2. b.
         The subdivider shall record a covenant to allow for future connection of shared access and cross-access stub-out easements to comparable facilities on abutting parcels when they develop or are redeveloped; and
      3. c.
         Cross-access easements shall be a minimum of 15 feet in width.
   3. 3.
      Exceptions. 

      1. a.
         There are some circumstances in which providing cross-access is not feasible. These circumstances include:

         1. i.
            A lot that is part of a development and is not planned to have a driveway sells before an adjacent lot that is planned to have a driveway; or 
         2. ii.
            A neighboring property owner is unwilling to cooperate with an applicant who is attempting to provide cross-access.
      2. b.
         In these circumstances, an additional driveway to provide necessary access may be considered based on a review by the City Engineer. The applicant must be able to demonstrate a reasonable effort to provide cross-access.

Figure 4.25-1, Cross-Access and Shared Access
FIGURE NOTES: A = Joint (Shared) Access | B = Increased Spacing | C = Cross Access | D = Temporary Curb Cuts Closed

Figure 4.25-1, Cross-Access and Shared Access
FIGURE NOTES: A = Joint (Shared) Access | B = Increased Spacing | C = Cross Access | D = Temporary Curb Cuts Closed

Figure 4.25-1, Cross-Access and Shared Access
FIGURE NOTES: A = Joint (Shared) Access | B = Increased Spacing | C = Cross Access | D = Temporary Curb Cuts Closed

Figure 4.25-1, Cross-Access and Shared Access
FIGURE NOTES: A = Joint (Shared) Access | B = Increased Spacing | C = Cross Access | D = Temporary Curb Cuts Closed

6. F.
   Pedestrian Access Easements. Except for subdivisions where all lots are greater than 10 acres in the ER zoning district, the subdivider shall provide the following pedestrian access easements across a maximum of two tiers of lots. A pedestrian access easement shall be a minimum of 10 feet in width and shall include an all-weather surface with a minimum width of five feet.

   1. 1.
      Mid-block Pedestrian Connections. The subdivider shall provide mid-block connections in the form of a pedestrian access easement to bisect blocks greater than 800 feet in length, where such blocks abut an arterial or collector street. In addition, the subdivider shall provide such mid-block connections to establish linkages to common facilities, such as parks, open areas, and uses listed in Subsec. 2.32-4, Public and Civic Use Categories.
   2. 2.
      Cul-de-Sac Turnaround Pedestrian Connections. The subdivider shall provide a pedestrian access easement that connects the cul-de-sac turnaround to existing or proposed sidewalks, trails, public and civic uses, and other cul-de-sacs, as depicted in Figure 4.25-2, Pedestrian Connections.
   3. 3.
      Trails. Off-street bicycling and pedestrian trails shall be developed in accordance with the City's Parks, Recreation, Trails, and Open Space Master Plan, to link major attractions and destinations throughout the City, including neighborhoods, public and civic uses, employment centers, and shopping areas.  In addition, a subdivider may provide such trails or multi-use pathways in the ER zoning district in lieu of sidewalks where all lot widths exceed 200 linear feet in width. Maintenance responsibilities shall be established at the time of a Preliminary Plat. Such proposal shall provide better pedestrian and bicycle access and connectivity to sidewalks or other off-street trails or multi-use pathways on the perimeter of the parcel proposed for development than if the subdivider had provided conventional sidewalks as required in this Section.

Figure 4.25-2, Pedestrian Connections
FIGURE KEY: A = Connection between Cul-de-Sacs | B = Connection to Future Phase | C = Mid-Block Connection to Arterial or Collector Street

Figure 4.25-2, Pedestrian Connections
FIGURE KEY: A = Connection between Cul-de-Sacs | B = Connection to Future Phase | C = Mid-Block Connection to Arterial or Collector Street

Figure 4.25-2, Pedestrian Connections
FIGURE KEY: A = Connection between Cul-de-Sacs | B = Connection to Future Phase | C = Mid-Block Connection to Arterial or Collector Street

Figure 4.25-2, Pedestrian Connections
FIGURE KEY: A = Connection between Cul-de-Sacs | B = Connection to Future Phase | C = Mid-Block Connection to Arterial or Collector Street

7. G.
   Conservation Easements.
8.  
   1. 1.
      Permanent Preservation. Conservation easements are required in order to permanently preserve common open space required by this ULDC, and to protect natural resources that are required to be protected.
   2. 2.
      No Destructive Encroachment. Other easements that may result in the disturbance of land shall not be permitted to encroach into a conservation easement, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
   3. 3.
      Responsible Party. Conservation easements shall provide for permanent management and maintenance of the property by a responsible party, such as the City, a nonprofit land trust, a Public Improvement District, or a homeowners' or property owners' association. 

9. I.
   Buildings on Utility Easements.

4.  
   1. 1.
      License to Encroach Required.  Any person wishing to place a structure on a utility easement or public right-of-way shall apply for an Easement Encroachment License in accordance with Sec. 7.315. 
   2. 2.
      Assumption of Risks by Builder.  Any person who builds, erects, or constructs a structure over a utility easement assumes all of the risks incident to such construction, and the City shall never be liable for any damage occasioned to any such structure because of the granting of permission to build or construct such or because of the supervision, operation, and maintenance of any utility line, whether such is in an easement granted to the City for that purpose or privately constructed.
   3. 3.
      Tunneling Beneath or Excavating through Floor or Foundation to Inspect or Repair Utility Installations. If, in the course of maintenance and supervision of utility over which a structure has been built or erected, it becomes necessary to tunnel beneath or excavate through the floor or foundation of such structure for the purpose of making inspections or repairs, the person owning such structure and their successors or assigns shall bear all of the expense and damage occasioned to such structure because of such tunneling or excavation. In addition, such person shall likewise bear the added cost incurred by the City in tunneling beneath or excavating through the floor or foundation of such structure for the purpose of making such inspections or repairs, the amount of which added cost is to be determined by the Planning Director, and such amount shall be paid promptly to the City.

11. K.
    Private Easements.    In a subdivision, platting of public streets or easements across private easements or fee strips shall be subject to the following:

    1. 1.
       Easement Instrument. A copy of the instrument establishing any private easement shall be submitted with the Preliminary Plat.
    2. 2.
       Definition of Easement. Easement boundaries must be tied by dimension to adjacent lot and tract corners. Where the private easement has no defined location or width, an effort shall be made to reach an agreement on a defined easement. Where no agreement can be reached, pipelines, electrical lines or other facilities shall be accurately located and tied to lot lines, and building setback lines shall be shown at a distance of ten feet from and parallel to the centerline of the pipeline.
    3. 3.
       Responsibility for Existing Facilities. Prior to approval of the Final Plat, the subdivider of any subdivision plat wherein public streets or easements are shown crossing private easements or fee strips shall, by letter to the City Engineer, assume responsibility for seeing that any adjustments and protection of existing pipelines, electrical transmission lines or other facilities shall be planned and provided for to the satisfaction of the holder of the private easements or fee strips and the City Engineer prior to the filing of the plat for record.
    4. 4.
       Requirements. Prior to filing of the Final Plat for record, the following requirements shall be met:

       1. a.
          The subdivider shall obtain from the holder of any private easement or fee strip within the plat crossed by proposed streets or other public easements an instrument granting to the public the use of the public streets or easements over and across the private easements or fee strips for construction, operation, and maintenance of those public facilities normally using the type of public streets and easements indicated. This instrument shall be delivered to the Planning Director to be recorded along with the plat.
       2. b.
          The subdivider shall furnish the Planning Director with a letter from the holder of the private easements or fee strips in question stating that arrangements in pipelines, electric transmission lines, or other similar facilities have been made to the satisfaction of the holder of the easement.
       3. c.
          All other easements shall meet the requirements set forth in Article II, Easements, of Chapter 109 of the Code of Ordinances.

Effective on: 1/1/1901

Figure  4.26-1, Sidewalk Location

Figure  4.26-1, Sidewalk Location

Figure  4.26-1, Sidewalk Location

Figure  4.26-1, Sidewalk Location

3. C.
   Subdivision Construction Plans. Sidewalks shall be shown on the construction plans for the subdivision, which shall note when sidewalks shall be installed and by whom.
4. D.
   Curb Ramps. Wheelchair ramps shall be provided at all necessary intersections and as required by the Texas Accessibility Standards.

Effective on: 1/1/1901

6.  
   8. 8.
      Credits and/or Offsets Against Impact Fees.   
7.  
   8.  
      1. a.
         An applicant for a new development who constructs or finances a capital improvement or facility expansion included in the capital improvements plan pursuant to a development agreement approved by the City Council on or after August 12, 2004, shall, at the City Council election, either:

         1. i.
            Receive a credit against the impact fees otherwise due from the new development; or
         2. ii.
            Be reimbursed for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the applicant at the time the other new development records its plat.
      2. b.
         A credit or offset associated with a plat shall be applied against an impact fee due at the time that the first fee for the new development is collected, and thereafter to all subsequently collected fees, until the credit or offset is exhausted.
   9. 9.
       Accounting.

      1. a.
         All impact fees collected within the City and its extraterritorial jurisdiction shall be deposited in a dedicated fund to which interest is allocated. All such amounts, together with all interest earned on the fund, shall be used solely for the purposes set forth in Paragraph (b).
      2. b.
         The impact fess collected pursuant to this article shall be used in conformance with the requirements of Chapter 395 of the Texas Local Government Code.
      3. c.
         Disbursement of funds shall be made at such times as are reasonably necessary to carry out the purposes intended by this Subsection; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date of payment.
      4. d.
         An owner of property for which an impact fee has been paid is entitled to a refund for all or a portion of the fee in the following circumstances:

         1. i.
            Upon application, any impact fee collected pursuant to this Subsection, that has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid together with interest pursuant to Section 395.025 of the Texas Local Government Code. However, if the impact fee was paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. An impact fee shall be considered expended on a first-in, first-out basis. An impact fee shall also be considered expended if the total expenditure for facilities and improvements included in the capital improvements plan, as may be amended from time to time, within the service area within ten years following the date of payment, exceeds the impact fees collected within the service area during such period.
         2. ii.
            If a refund is due pursuant to Paragraph i., above, the City shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units for which impact fees have been paid within the service area for the period to determine the refund due per service unit. The refund to the owner shall be calculated by:

            1. (A)
               Multiplying the refund due per service unit by the number of service units of the development for which the fee was paid; and
            2. (B)
               Determining interest due based on the amount calculated under Paragraph a., above.
      5. e.
         The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the fund are utilized solely for the purposes authorized. The City shall maintain and keep financial records for impact fees, that shall show the source and disbursement of all fees collected in or expended.
   10. 10.
       Impact Fee Appeals.

       1. a.
          The applicant for a new development may appeal the following administrative decisions to the City Manager:

          1. i.
             The applicability of an impact fee to the development;
          2. ii.
             The amount of the impact fee due;
          3. iii.
             Classification of the development under the equivalent dwelling unit table;
          4. iv.
             The applicability of the credit or an offset to the development;
          5. v.
             The amount of a credit or of an offset; or
          6. vi.
             The amount of a refund due, if any.
       2. b.
          The burden of proof shall be upon the applicant to demonstrate that the administrative decision was not made in accordance with this Subsection or applicable state law.
       3. c.
          The applicant shall file a written notice of appeal with the Planning Director within 30 days following the date of the decision from which an appeal is made. If the notice of appeal is accompanied by a payment or other sufficient security satisfactory to the department in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. Each appeal must include a processing fee equal to $200.00.
       4. d.
          No person shall have any right to appeal for relief to any court in regard to any matter covered by this Subsection until after such person has exhausted the appeal procedure provided for in this Subsection.
   11. 11.
       Relief Procedures.  Any person who has paid an impact fee, or an owner of land for which an impact fee has been paid, may petition the City Council to determine whether any duty required by this Subsection or by Chapter 395 of the Texas Local Government Code has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duties and request that the duties be performed within 60 days of the request. If the City Council determines that the duty is required pursuant to this Subsection and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. This Paragraph shall not apply to matters subject to appeal pursuant to Paragraph 10, Impact Fee Appeals, above.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901