1. 1. Safety. Provide for protection from fire, flooding, and other dangers; 
   2. Design, Dedication, Acceptance. Regulate the design, dedication, and acceptance of infrastructure for transportation, water, wastewater, drainage, recreation, resource protection, and other purposes;
   3. Coordination. Coordinate the development of tracts of land so that proposed infrastructure is adequate, safe, orderly, economical, and efficient and aligns with existing infrastructure;
   4. Cost of Improvements. Ensure that the cost of improvements that primarily benefit the parcel proposed for development be borne by the owner of the parcel, and the costs of improvements that primarily benefit the whole community, be borne, in part of in whole, by the community;
   5. Water Protection. Protect groundwater and surface water from erosion and contamination by storm water runoff and other sources of pollution; and
   6. Efficient Transportation Network. Reduce potential impacts of new development on street congestion by providing alternative travel routes, provide a meaningful choice of alternative modes of transportation, shorten trips to work, shopping, or recreation, or lessen overall vehicle miles traveled.

Effective on: 5/20/2019

1. 1. 1. Issue a Building Permit or Temporary or Permanent Certificate of Occupancy; .
      2. Serve or connect with water or wastewater service; or .

1. 1. 3. Repair, maintain, install, or provide any streets or public utility access .

2. Improvement Standards and Design Principles. Subdivisions shall conform to the design principles and improvement standards of  Section 14.302, Subdivision Design Standards. The principles in Sec. 14.302.1, Design Principles, address the general desired outcomes for new subdivisions in the City and ETJ.  Improvement standards in the remainder of Section 14.302 are intended to address the specific minimum engineering, planning, and layout standards that a subdivision must meet or the methods of construction to which it must adhere. These principles and standards are designed to result in a well-planned community without adding unnecessarily to the cost of development. They are based on scientific principles, sound professional practices, and publicly adopted goals, objectives and policies of the Comprehensive Plan, Parks Master Plan, and other policy documents of the City.

3. Remainder Tracts. If an applicant intends to subdivide a portion of his or her property, and the balance of the property is to remain undeveloped, unimproved, and not dedicated as common open space, this Article applies to such remainder tract where the dedication of public rights-of-way , or easements is required. 

4. Exemptions. The standards of this Article apply to all subdivision of land except: 

   1. Combination. The combination of two adjoining lots under a single deed in accordance with Sec. 14.603.3, Deed Approval;

   2. Easements and Rights-of-Way. Dedication of an easement or right-of-way by separate instrument recorded with the Liberty County Clerk;

   3. Large Lots with no Improvements. A division of land into parcels, all of which are greater than five acres in area, and where no public improvement is being dedicated;

   4. Cemeteries. The selling of plots in cemeteries that comply with all state and local regulations; or

   5. Government Acquisition. The acquisition of land for a governmental purpose by dedication, condemnation, or easement.

Effective on: 5/20/2019

1. 1. Buffering. Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along side and rear lot lines as set out in Section 14.204, Trees, Landscaping, and Buffering;

   2. Environment. Protects and preserves the environmental resources to the benefit of the subject property and abutting properties;

   3. Connectivity. Provides appropriate, context-sensitive vehicular and pedestrian linkages, providing access while protecting neighborhood integrity and individual property values;

   4. Common Open Space. Maximizes the access to and benefit of common open spaces by providing for a connection to or continuation of the open spaces of abutting or adjacent properties and providing for maximum frontage and access to such open spaces;

   5. Storm Water. Protects neighboring property from undue storm water runoff;

   6. Access. Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and

   7. Level of Service. Does not reduce the level of service of public infrastructure that are provided to surrounding development.

3. Connectivity. The urban area is to be designed as a group of interconnected residential neighborhoods with appropriate commercial and industrial and public facilities. Space for religious, recreational, educational and shopping facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood, as appropriate.

4. Topography and Natural Features. The arrangement of lots and blocks and the street system should be designed to conserve and make the most advantageous use of topography and natural physical features.
5. Street Arrangement. The general arrangement of streets should conform to the functional street classification system and the network alignments of the Major Thoroughfare Plan in the Comprehensive Plan.
6. Tree Preservation. Where not required for preservation, tree masses, large individual trees, and plant materials should be preserved where practicable.
7. Visual Qualities. The system of roadways and sidewalks and the lot layout should be designed to take advantage of the visual and environmental qualities of the area.
8. Renewable Resources. The blocks, lots, and buildable areas of a subdivision should be designed to take full advantage of sun and shade, where appropriate, wind, and other sources of renewable energy. 

Effective on: 5/20/2019

1. 1. City Code. All applicable provisions of the City Code, including, but not limited to, Chapter 3,Building and Construction;​​​​

1. 2. Public Health, Environment, Railroads, and Utilities. The rules of the Liberty County Health Authority, Texas Commission on Environmental Quality, U.S. Army Corps of Engineers, railroad companies, pipeline companies, and other applicable agencies;
   3. State Roadways. The rules of the Texas Department of Transportation if the subdivision or any lot within it abuts a state-maintained roadway; and

1. 4. Standard Specifications. The City's Engineering Design Standards and Specifications. 

2. Logical System and Continuity. All improvements shall be designed and installed so as to provide for a logical and connected system of public and private improvements for the development of adjacent properties.

3. Life Safety. The construction related to improving, developing, or subdividing land shall be conducted in a safe manner to protect human life and property.
4. Transportation Safety. All projects undertaken on or near public rights-of-way shall be controlled in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Traffic control plans and measures, including, but not limited to, signing, marking, barricading, flagging, detouring, and closure shall all be conducted in accordance with TMUTCD criteria.
5. Excavation and Trench Safety.
   1. Any land disturbing activity over five feet in depth or over 100 cubic yards in volume requires a permit in accordance with Sec. 14.603.1, Excavation and Land Clearing Permit.  Such permit application shall be approved prior to any excavating.
   2. Upon approval of an Excavation and Land Clearing Permit, excavations shall require a minimum of six-foot feet high opaque fence surrounding or enclosing the excavating area. For projects where mass excavation or trenching is required, provisions to comply with Occupational Safety Health Administration (OSHA) shall be specifically addressed during construction. Contractors shall comply with specific OSHA regulations set forth in Code of Federal Regulations Title 29, Part 1926.

6. Insurance. Companies that construct facilities to improve, develop, or subdivide property shall provide written proof of insurance coverage for no less than the statutory amounts required by law.
7. Silt and Erosion Control. All projects subject to the National Pollutant Discharge Elimination System (NPDES) shall be properly engineered and permitted in accordance with applicable regulations. Measures to mitigate erosion and control silt, in the form of silt fencing, screening, or equivalent, shall be included in the detailed plans and/or specifications whether or not a NPDES permit is required.  Such measures shall be installed around any land where the City Engineer has approved an Excavation Permit or land that has limited vegetation and land cover to prevent earth matter runoff into or onto public infrastructure or water resources.

8. Environmental Clearance. On all projects requiring environmental clearance, the necessary documentation, including an assessment or impact statement, shall be completed and approved prior to commencement of construction. The applicant shall submit such clearance prior to any land disturbing activity. 

Effective on: 5/20/2019

1. 1. Comprehensive Plan. All streets shall be planned to properly integrate with the existing and proposed system of dedicated rights-of-way and thoroughfares, as established by the Major Thoroughfare Plan in the Comprehensive Plan.
   2. General Design. Streets shall be designed to integrate as much as possible with the topography and natural resources of the site, to discourage use of through-traffic where inappropriate considering the character of the area, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary for the convenient and safe access to property.
   3. External Access Points. Streets shall be arranged in such a manner as to cause no hardship in the subdividing of adjacent properties with external access points provided in accordance with Subsection B.4, External Access Points, below. 
   4. Internal Connectivity. Street patterns for suburban and semi-urban developments may be of a radial design consisting of curvilinear streets, cul-de-sacs, and/or U- shaped streets. Street patterns in an urban context shall consist of an interconnected grid network. Streets in a master planned or commercial setting may consist of a mix of such designs. 
   5. Future Streets. Lots shall be so arranged as to permit the logical location and opening of future streets, consistent with the Major Thoroughfare Plan.
   6. Adjacent Streets. Each subdivision shall provide for the continuation of all abutting streets.
   7. Extension to Boundary. 

1. 1. 1. Proposed streets within a subdivision shall extend to the boundary lines of the tract to be subdivided without the use of reserve strips, as prohibited in Subsection G, Reserve Strips, below. Temporary turnarounds may be required to be constructed at the end of such stubbed streets, pending their extension, where such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency or service vehicles.
      2. A turnaround shall have a 40-foot paved radii and a stubbed street shall be a maximum of 400 feet in length 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 turning radius of the turnaround, as depicted in Figure 14.302.3-3,  Maximum Cul-de-Sac Length. Stubbed streets with temporary turnarounds that are greater than 400 feet in length shall comply with the standards in Subsection E, Cul-de-Sacs, below. 
      3. 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 E, Cul-de-Sacs and the City's Engineering Design Standards and Specifications. The surety shall remain effective for an allotted time in lieu of the continuation of such street..

1. 8. Traffic Generation. All streets shall be designed to support the traffic generated from the land uses and densities they serve. 
   9. Nonresidential Development. In nonresidential developments, the arrangement of streets and other accessways shall consider the arrangement of lots, the location of rail facilities, the provision of alleys, truck loading and maneuvering areas, pedestrian movements, and parking areas so as to minimize conflicting movements between the various types of traffic, including pedestrians.
   10. Dedication. If a portion of a street designated on the Major Thoroughfare Plan is located within the proposed subdivision, the total required right-of-way width shall be dedicated. If such street is located adjacent to the outer edge of the subdivision, the amount of right-of-way to be dedicated shall be determined by the proposed alignment of the thoroughfare, and in most cases, no less than one-half of the required right-of-way.
   11. Half-Streets. Except as provided for in the paragraph above, perimeter half-streets shall not be permitted. The Planning and Zoning Commission may recommend, and the City Council may approve a new perimeter street where the subdivider dedicates and improves the entire required street right-of-way within the subdivision boundaries.

2. Circulation. Circulation shall take place in a new subdivision according to the following standards. 
   1. Perimeter Arterials.  Arterial streets shall not be located within a residential subdivision. They may only be located on the perimeters of a residential subdivision. A residential subdivision shall not be located adjacent to an expressway. For a nonresidential parcel or tract located adjacent to an expressway, the following shall apply:
      1. If an existing local or collector street accesses the expressway, the parcel or tract shall take access to such local or collector street.
      2. If no arterial access is available, access to the expressway shall be provided by a local or collector street.No local street shall have direct access to an expressway.

1. 2. Residential Direct Access.Except in the RA, Rural-Agricultural zoning district, direct access to arterial or collector streets from a single- or two-family property is prohibited. Alternative methods of providing access where such properties abut an arterial or collector street are permitted, including, but not limited to, the following techniques.

1. 1. 1. The subdivision may have reverse frontage lots that back onto the arterial or collector and front onto a parallel local street. In such cases, the words “access prohibited” shall be placed in the applicable areas on the face of the final plat. Increased setbacks in accordance with the zoning district provisions in Section 14.102, Base Districts and Standards, and subdivision fences or walls in accordance with Sec. 14.103.3, Accessory Use and Structure Standards, shall be required. 
      2. The subdivision may have a series of permitted cul-de-sacs, u-shaped streets, or short loops entered from and designed generally at right angles to a parallel local street, with the rear line of their terminal lots backing onto the arterial street. The “access prohibited” plat note, increased setback, and screening and buffering requirements described in Paragraph a, above, shall also apply. 
      3. The subdivision may have marginal access streets or service roads separated from the arterial or collector by a planting strip with access to the arterial or collector street at suitable points.
      4. ​​​​The subdivision may have alleys that meet the standards in Subsection F, Alleys, below. 
      5. The applicant may propose such other treatment as may be necessary to protect residential properties and separate traffic, as approved by the City Engineer. 

1. 3. Local Street Conversion. New subdivisions shall be designed so that future development shall not require the conversion of local streets to collector or  or arterial streets.
   4.  External Access Points.
      1. New subdivisions require sufficient external access points to the existing or future street network and shall be provided in accordance with Table 14.302.3-1, External Access Points.

1. 1. 2. Subdivisions containing more than 125 lots shall not be eligible for relief under the provisions in Sec. 14.606.6, Waiver. 

3. Intersections.
   1. Local Streets and Alleys. New local streets and alleys shall not intersect directly with arterial streets.

1. 2. Ninety-Degree Intersections. Streets shall be designed to intersect at right angles, and shall not in any case intersect at an angle of less than 75 degrees. An oblique street shall be curved approaching an intersection, and shall be approximately at a right angle to the other street for at least 100 feet from the intersection. No more than two streets shall intersect at any one point.
   3. Alignment. Proposed new intersections along an existing street shall, wherever practicable, directly align with existing intersections on the opposite side of the street. Any centerline off-set shall meet the requirements in Table 14.302.3-1, Minimum Intersection Separation and Off-Sets . No off-sets shall be less than 150 feet and no intersection off-set shall be allowed for new arterials streets. ​​​​​​.

1. 3. Curb Radius. The minimum and maximum curb radii at the intersection of any two streets or a driveway and a street shall conform to the requirements in Sec. 14.203.7, Access. Alley intersections and abrupt changes in alignment within a block shall have the corners rounded to permit safe vehicular movement in accordance with standard engineering practices.
   4. Grade. Intersections shall be designed with a flat grade wherever practical.
   5. Sight Distance. Intersections shall be planned and located to provide as much sight distance as possible and shall meet the sight triangle provisions in Sec. 14.104.1, Measurements. Consideration shall be given to both the vertical and horizontal planes. Stopping sight distance shall be provided as the minimum sight distance for all approaches. A subdivider shall remove all earth banks, existing vegetation, etc., that limits this sight distance.
   6. Intersection with State or Federal Highway. The design of an improvement of an intersection of any new City-maintained street with an existing state or federal highway shall be in accordance with the specifications of the Texas Department of Transportation, but in no case shall the standards be less than the applicable City specifications and the requirements of this UDC.

4. Dead-End Streets. Other than cul-de-sacs, permanent dead-end streets are prohibited.
5. Cul-de-Sacs. A cul-de-sac shall not exceed a maximum length of 800 feet measured from the nearest right-of-way line of the intersecting street, along the centerline of the cul-de-dac, to the center of the turning radius of the turnaround, as depicted in Figure 14.302.3. The turnaround shall comply with the following minimum standards.

1. 1. Residential Zoning Districts. The right-of-way radius shall be a minimum of 50 feet with curb and gutter and 60 feet without curb and gutter. The pavement radius shall be a minimum of 40 feet with curb and gutter and 50 feet without curb and gutter.
   2. Islands or Planters. An unpaved island may be provided at the center of the turnaround provided that:
      1. The island is surrounded by a mountable curb.

      2. The surface of the island is landscaped or covered with decorative pavers. 

      3. Landscaping or other elements located in the island do not interfere with the sight triangle established in Sec. 14.104.1, Measurements. 

      4. The island has a minimum radius of six feet and a maximum radius of 10 feet measured to the back of the curb.

      5. The island is owned and maintained by a homeowners' or property owners' association.

Figure 14.302.3-3,  Maximum Cul-de-Sac Length

1. 3. Nonresidential Zoning Districts. The right-of-way radius shall be 60 feet with curb and gutter and 70 feet without curb and gutter. Pavement radius shall be 50 feet with curb and gutter and 60 feet without curb and gutter. No islands or planters are permitted.
   4. Terminus of a Cul-de-Sac. The terminus of a cul-de-sac shall be considered to be the right-of-way line at the end of the cul-de-sac turnaround. The terminus shall be a minimum of 100 feet from the right-of-way line of another street.

6. Alleys.

1. 1. Ownership and Maintenance of Alleys. Alleys shall be owned and maintained by a homeowners' or property owners' association established in accordance with Sec. 14.302.13, Private Facilities. Deed restrictions shall be recorded with the approved final plat for all subdivisions that include alleys.
   2. 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.
   3. Alley Intersections. Alleys shall intersect other alleys and streets at right angles.
   4. 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.
2. Reserve Strips. Proposed streets within a subdivision shall extend to the boundary lines of the tract to be subdivided as required in Paragraph A.7, Extension to Boundary, above. Reserve strips controlling access to property shall be prohibited unless the reserve strip is dedicated to the public under conditions approved by the City.

Effective on: 5/20/2019

Effective on: 5/20/2019

2. Street Lights. The following street light requirements apply to public and private streets. 
   1. Generally. A subdivider shall install ornamental metal standards and high pressure sodium vapor lamps within the right-of-way of public streets and within the easements of private streets. 

1. 2. Location. Street lights shall be installed at all street intersections, at the end of all cul-de-sac or dead-end streets where allowed, and at all significant changes in direction of the roadway. In addition, street lights shall be installed at varying intervals along straight roadways in accordance by the intensity of illumination chosen. Such placement shall be determined by the local electrical provider in coordination with the City Engineer.
   3. Electrical Service. Except for in the DT, Downtown zoning district, street lights shall be mast arm mounted to the light pole. In the DT zoning district, street lights shall be of a design acceptable to the Director.  Street light electrical service shall be installed underground if the electrical system for a redeveloped property is overhead wires with power poles located along the rear lot lines, the electrical service to the street lights shall be underground. If the power poles for a redeveloped property are located adjacent to the street, the electrical service to the street lights may be overhead and the street light mast arms may be mounted on the power poles provided that the required lighting intensity is maintained.
   4. Additional Lighting. For those subdivisions where citizens would like additional street lighting, the City will provide only the monthly charge for the light. Requests shall be made to the Directorand decided upon by the City Council. The City Council shall consider the benefit of the street light to the surrounding area, the cost of service of the streetlight to the City, and any other factors the Council deems necessary to approve or disapprove the request.

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 1. Access. Provide safe and convenient public and emergency access from approved streets; and
   2. Buildable Lots. Avoid any foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots.

2. Minimum Standards. Lots shall have a width and area of not less than that required by the provisions set forth in Section 14.102, Base Districts and Standards,and to provide for other site improvements required by this UDC. 
3. Side Lot Lines. In general, side lot lines shall be at right angles to straight street lines or radial to curving street lines or cul-de-sac turnarounds. A subdivider may utilize alternative configurations to accomplish a public purpose, such as the preservation of natural resources.
4. Corner Lots. Corner lots shall have the width necessary to allow for the construction of structures that meet the required setbacks from both streets. Corner lots shall allow for the dedication of a radius at the intersection that meets the City’s Engineering Design Standards and Specifications.
5. Double-Frontage Lots. Double-frontage lots are prohibited. Where a single tier of lots is necessary to provide separation of residential development from arterial streets or to overcome disadvantages of topography and orientation, reverse frontage lots are required.
6. Direct Access Required. Every building erected or moved and every plat submitted after the effective date of this UDC shall be on a lot or parcel with direct access to one of the following:

1. 1. An improved public street or alley; or
   2. An approved private street or alley.

Effective on: 5/20/2019

1. 2. Dedication and Utility Placement. The subdivider shall dedicate easements to the public that allow every lot within a subdivision to have access to services listed in Subsection 1, Types of Easements, above. Alternatively, the City Engineer may allow such services within the public right-of-way.
   3. Encroachment. No structure, foundation, slab, or other pertinent improvement shall be placed within any dedicated public easement without written permission from the City Engineer and all impacted franchise utility companies.
   4. Private Easements. When private easements exist that may potentially interfere with a proposed public dedication or easement, the subdivision shall be designed to mitigate or minimize the number and extent of such conflicts.
   5. Form. All required covenants and easement instruments shall be submitted on a form acceptable to the City Attorney. 

2. Easement Dedication Statement. The applicant shall place the Easement Dedication statement located in the Appendix of this UDC on the plat whenever easements are dedicated for public use.
3. Locations and Widths of Public Easements.

1. 1. Front Location. Unless otherwise required in this UDC or as otherwise required by the City Engineer or Director, easements shall be provided at the front of all lots. Front easements shall be at least 15 feet in total width, centered on front lot lines; however, larger widths shall be required as pipe size increases as specified in this Article.
   2. Adjacent to Property Under Separate Ownership. Where the proposed subdivision abuts an unplatted area or property under separate ownership on which no easements exist, and the subdivider cannot arrange for one-half of the 15-foot easement to be dedicated by separate instrument, a 10-foot easement entirely within the proposed subdivision shall be required.
   3. Adjacent to a Future Phase. When an easement is required along a boundary between a current and future phase of a proposed subdivision, one of the following two options shall be allowed:
      1. One-half of the easement shall be dedicated on the final plat of the current phase, and one-half shall be dedicated by separate instrument; or
      2. A 10-foot easement shall be dedicated on the final plat of the current phase and a five-foot easement dedicated on the final plat of the future phase.
   4. Side Easement. If conditions exist which make it impractical to serve lots with front easements, easements may be required along side or rear lot lines.Such easements shall be centered on side lot lines. The width of a side yard easement may be reduced from a total width of 15 feet to a total width of 10 feet, centered on the lot lines, upon approval of the City Engineer and Director, and all affected franchised utility companies.

   5. Water and Wastewater Easements. All public water and wastewater facilities shall be placed in public easements as described in Table 14.302.8-1, Minimum Water and Wastewater Easements Required.

1. 6. Underground. All utility lines shall be installed underground.

4. Street Lights. Where street lights are required or proposed, the subdivider shall provide street light easements necessary to serve such lights where it is not feasible to install the street light wiring in the public right-of-way. Street light easements shall be a minimum of five feet in width, and shall only be utilized for street light wiring.

5. Petroleum Pipeline Easements. The subdivider shall provide a petroleum pipeline easement of sufficient width for pipelines carrying petroleum products, as determined by the appropriate regulating agency.
6. Drainage / Floodway Easements. The subdivider shall provide drainage easements along all natural and manmade drainage channels and floodways that drain two or more lots or tracts of land according to the following standards:

1. 1. Natural Drainage Channels. Storm drainage easements shall be provided along existing or proposed open channels with sufficient width for the watercourse to handle the flow from the applicable frequency storm plus a minimum of 20 feet on each side beyond top of bank, for stream buffering, ingress and egress of maintenance equipment, for clearance from fences, for maintenance of the channel bank, and for adequate slopes necessary along the bank.
   2. Enclosed Drainage Systems. Where enclosed drainage systems are provided that are not within or adjacent to a public street, storm drainage easements a minimum of 20 feet in width shall be provided. Easements shall be centered on the system. Easements shall be wide enough to encompass the system, plus provide ingress and egress for future maintenance operations.

7. Floodplain Restriction. The following provisions shall apply in conjunction with Section 14.401, Flood Damage Prevention.

1. 1. 100-Year Floodplain. The subdivider shall provide floodplain restrictions where necessary along natural drainageways and lakes. Floodplain restrictions shall encompass the area between the dedicated channel and the water surface elevation resulting from a 100-year design frequency storm. The area encompassing the dedicated channel and the floodplain restriction shall be referred to as the 100-year floodplain. The width of the floodplain shall be substantiated by a drainage study, drainage calculations, or other criteria submitted to and approved by the city.
   2. Storm Drainage Easement. Within the 100-year floodplain, the subdivider shall provide storm drainage easements that contain stormwater resulting from the 100-year frequency storm less the amount of stormwater carried in an enclosed system, if any. The width of the easements shall be substantiated by a drainage study, drainage calculations, or other criteria submitted to and approved by the City Engineer.
   3. Floodplain Restriction Statement. The applicant shall place the Floodplain Restriction statement in the appendix of this UDC in the dedication instrument whenever an easement is proposed for a floodplain.

8. Emergency Access Easements. The subdivider shall provide emergency access (fire lane) easements where necessary to provide adequate protection for a structure. 
   1. Dimensions. Emergency access easements shall have a minimum width of 28 feet and a minimum height clearance of 14 feet. Any emergency access easement shall either connect at each end to a dedicated public street or be provided with a turnaround having a minimum diameter of 80 feet with an additional distance of 10 feet on all sides clear of permanent structures. The driving surface within emergency access easements shall be designed and constructed according to standards established for local public streets.
   2. Location. All structures shall be located within 150 feet of a dedicated and improved emergency access easement or public street.

9. Cross-Access and Shared Access Easements. The subdivider shall provide cross-access and shared access easements, as depicted in Figure 14.302.8-1, 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. Driveway separation and width on locally maintained collector and arterial streets shall comply with Sec. 14.203.7, Access. 

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

1. 1. 1. The subdivider demonstrates that the adjacent landowner refused a reasonable offer with regard to cross‐access; 
      2. The subdivider demonstrates that the proposed temporary access will not materially affect the safe and efficient flow of traffic; and
      3. The subdivider records a covenant to ensure that the connection will be provided and access will be consolidated upon the earlier of:

1. 1. 1. 1. Approval of a plat or development, substantial improvement, or redevelopment, of the adjacent property, if providing such connection is a requirement of the approval for the adjacent property; or
         2. The subject parcel and the adjacent parcel coming under common ownership.

1. 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. 1. 1. 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. 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.
      3. Cross-access easements shall be a minimum of 24 feet in width. 

Figure 14.302.8-1, Cross-Access and Shared Access

10. Pedestrian Access Easements. Except for subdivisions where all lots are greater than 10 acres in the RA 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 public and civic uses.
   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, and common facilities, as depicted in Figure 14.302.8-2, Pedestrian Connections. 

Figure 14.302.8-1, Pedestrian Connections

1. 3. Trails. Off-street bicycling and pedestrian trails shall be developed in accordance with the Comprehensive Plan and the Parks Master Plan, to link major attractions and destinations throughout the City, including neighborhoods, common facilities, employment centers, and shopping areas.  In addition, a subdivider may provide such trails in the RA and SR 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.

11. Conservation Easements.

1. 1. Permanent Preservation. Conservation easements are required in order to permanently preserve common open space required by this UDC, and to protect natural resources that are required to be protected.
   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. Responsible Party. Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other the City, such as a nonprofit land trust or a homeowners or property owners association.
   4. Parties. All conservation easements shall run in favor of the following two parties:

1. 1. 1. All lot or unit owners in the development; and
      2. The City.

Effective on: 5/20/2019

1. 1. Distance From School. The builder of a new single-family residence in an existing, substantially built-out residential neighborhood shall install a sidewalk, regardless if they will not achieve continuity, if such property is within one-half of a mile from a public elementary, middle, or high school.
   2. Sidewalk Waiver. The builder of a new single-family residence in an existing, substantially built-out residential neighborhood in which sidewalks do not exist on the entire block or on the adjacent blocks may apply for a waiver of the requirement to install sidewalks in accordance with Sec. 14.606.6, Waiver, provided that the property is not within one-half of a mile from a public elementary, middle, or high school. 

4.  Curb Ramps. Wheelchair ramps shall be provided at all necessary intersections and as required by the state Department of Licensing and Regulation and the Americans with Disabilities Act .
5. Construction. All sidewalks shall be constructed in a manner acceptable to the City Building Inspector in accordance with the Sidewalk Construction Standards in the Appendix of this UDC and the City's Engineering Design Standards and Specifications. Final inspection shall not take place until all work is complete and accepted by the City.

6. Alternative Sidewalk or Trail Plan. A subdivider may achieve alternative compliance with the standards of this Section upon approval by the Planning and Zoning Commission of a an alternative sidewalk or trail plan that provides equal or greater pedestrian circulation.  The subdivider shall submit such plan at the time of preliminary plat review. The Planning and Zoning Commission may approve such plan if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or off-street trails or multi-use pathways on the perimeter of the parcel proposed for development.

Effective on: 5/20/2019

2. Distribution System. The water system shall be capable of supplying water to each lot in the subdivision. Any distribution system serving more than one lot shall be considered public.

3. Line Oversizing and Extensions. All water lines shall be extended, where necessary, to the borders of the subdivision for future extensions of the distribution system and shall be valved off. The City may participate in the cost of oversizing lines required to serve land areas or improvements beyond the subdivison in accordance with Sec. 14.303.2, Cost Sharing and City Assistance. Properties already served by water and wastewater shall not be required to install additional facilities unless the current lines are not of adequate capacity or standard to serve the proposed subdivision, in which case the subdivider will be required to install adequate facilities.

4. Fire Hydrants. Fire hydrants shall be spaced every 300 feet along the street or driveways in nonresidential, multifamily, and mixed use subdivisions and every 500 feet along the street for residential subdivisions. 

Effective on: 5/20/2019

1. 1. Minimum Size. A wastewater collection main shall have a minimum inside diameter of eight inches. Larger lines may be required, depending on the demand, the size of the service area, and the provisions of the Comprehensive Plan, as determined by the City Engineer.
   2. Line Oversizing and Extensions. All public wastewater systems shall be designed to serve both the subject property and the full sewer shed area tributary to the sewer system. Where necessary, sewer lines shall  be extended to the borders of the development to allow for future extensions of the collection system. The City may participate in the cost of any oversizing of lines required to serve land areas or improvements beyond the development. Properties already served by wastewater systems shall not be required to install additional facilities unless the current lines are not of adequate capacity or standard to serve the proposed development, in which case the subdivider will be required to install adequate facilities.
   3. Manholes. Manholes shall be placed every 400 linear feet or change in elevation or direction as determined by TCEQ standards.
   4. Alignment. Wastewater lines shall be designed with straight alignments.
   5. Surface Water and Nondomestic Waste Prohibited. No connection shall be made to any wastewater system within the City that permits the entrance of surface water or waste of other  than domestic sewage characteristics without the specific authorization by the City Engineer.
   6. Backfill. All lines, including all service laterals, shall be installed and back filled below proposed paved areas to City specifications prior to compaction of subgrade and placement of the paving.
   7. Lifts Stations. Lift stations shall be designed to the standards of   Texas Administrative Code Chapter 217, Design Criteria for Domestic Wastewater Systems. The subdivider shall provide a site plan including, but not limited to, the following relevant information: overall site size, wet well location, electrical panel location, paved areas, service drop location, and location of fence.  
   8. Testing. The subdivider shall provide the following tests to the City Engineer or representative present during testing: hydrostatic test for force main, low air pressure test for gravity sewer, standing for gravity sewer, deflection test for gravity sewer, and vacuum test for manholes. The subdivider shall submit in writing the testing results.
   9. Public Easements. All public sanitary sewer facilities shall be placed in public easements as specified in Sec. 14.302.8, Easements.

3. Individual Sewer Service Connections. Service connections (sewer “taps”) shall be appropriately sized, installed and marked by stake for each building in a development at the time of construction of sewer improvements.

1. 1. Duplex, Multiplex, and Apartment Dwelling Units. Individual sanitary sewer service connections shall be installed for each dwelling unit in a duplex, multiplex, or apartment. Buildings containing more than two dwelling units may provide a common sewerage collection system from the building.
   2. Standards. Each service connection shall serve only one building (“sharing” of service connections is prohibited). The individual service connections shall be a minimum of four inches inside diameter and may extend to a common building sewer system or individually to the public sewer. A manhole connection to the public sewer is required for all service connections greater than four inches inside diameter.
   3. Cleanout. A cleanout shall be provide at the right-of-way/property line on all service lines.

Effective on: 5/20/2019

1. 1. Conveyance to Discharge Point. Provide for the conveyance of all storm water from the subdivision when fully developed to an adequate discharge point;
   2. General Purpose. Fulfill any purpose for which the requirements of this Section are imposed;
   3. Protection. Adequately protect the subdivision and adjacent properties from flooding, including the effects of the one-hundred-year rainfall event;
   4. Post-Development. Ensure that the runoff after development during the one-hundred-year rainfall event shall not be greater than prior to development and shall not negatively impact downstream property or neighboring property;
   5. Upstream or Downstream Stage. Properly control any increase in the upstream or downstream stage, concentration, or water surface elevation and erosion caused by the subdivision; and
   6. Off-Site Drainage. Provide for the conveyance of off-site storm drainage based on ultimate developed watershed conditions through the subdivision.

3. Discharge Points. All drainage improvements shall be terminated at a discharge point approved by the City. Such discharge point, or outlet, shall be designed and constructed to prevent damage to or overflowing into adjacent property. The City may require creek improvement, channel lining, energy dissipaters or other low-impact improvements for such outlet to prevent erosion or increase the flow capacity.
4. Off-Site Drainage. Off-site drainage facilities and improvements shall be provided by the subdivider whenever additional storm water runoff from the subdivision would adversely affect any off-site property or overload an existing drainage facility, whether natural or manmade. The on-site runoff shall not be discharged onto adjacent properties, except into existing creeks, channels or storm drains, unless the subdivider obtains drainage or flowage easements from those properties. If the subdivider cannot obtain the necessary easements to make required off-site drainage improvements, upon request of the subdivider, after compliance with the provisions of this Section, the City may bring condemnation proceedings to obtain the off-site drainage easements.
5. Floodplains. Where this Section requires a subdivision to make any drainage improvements in or adjacent to a floodplain to provide for the ultimate base flood, the subdivider may, in-lieu of making the required improvements, restrict development in the area subject to flooding because of the failure to provide for the drainage improvements. In such cases, the area to be left undeveloped shall be dedicated to the public as a drainage or conservation easement on the final plat.
   1. Floodplain Restrictions. The Planning and Zoning Commission shall, when it deems necessary for the health, safety, or welfare of an area and necessary for conservation of water, drainage, and sanitary facilities, or where prohibited in Section 14.402, Flood Damage Prevention Regulations, prohibit development of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from all destruction or damage resulting from clearing, grading, or dumping of earth, waste or material, or stumps, except at the discretion of the Planning and Zoning Commission.
   2. Creek Restrictions. Major creeks shall remain in open natural condition; the subdivider may channelize smaller creeks or drainage-ways upon approval by the City Engineer provided they meet the criteria of the Master Drainage Plan and the City’s Engineering Design Standards and Specifications. When a creek or excavated channel is to remain open, or in its natural state, the subdivider shall dedicate a drainage or conservation easement to the City.

6. Floodways and Improvements.
   1. Floodways Serving Large Drainage Areas. Generally, floodways serving drainage areas larger than one square mile in area and that are still functioning primarily in a natural and adequate state shall not be altered to provide for the drainage needs of a subdivision, unless there is no other reasonable means or method to provide for such drainage.
   2. Clearing. As part of the required improvements, debris, small brush, vines and other obstructions may be cleared for that portion of any channel located within or on the perimeter of the subdivision, as directed by or upon approval of the City Engineer, prior to the connection of any utilities. The City Engineer may require the subdivider to provide clearing of off-site floodways to the extent necessary to adequately receive or convey stormwater runoff from the subdivision, based on the roughness coefficient during the design process for the final plat.
7. Site Erosion Control. To minimize erosion resulting from the removal of vegetation and to reduce the introduction of erosion materials into the storm drainage systems, all subdivisions shall make use of erosion and sediment control devices in accordance with the recommendations in this UDC and as directed by the City Engineer. The erosion and sediment  control devices shall be installed and maintained until sufficient vegetation cover has been provided or has been replaced to control erosion and sediment, as directed by the City Engineer.
8. Separation of Stormwater and Wastewater Systems. Stormwater and wastewater systems shall be used and maintained as separate systems. Drainage facilities shall be designed so they do not connect, direct, or allow stormwater into the wastewater system.
9. Street Access Crossing Channels. No subdivision shall be designed to access a public street across a channel without providing adequate clearance for the channel under design storm conditions as required by the Drainage Criteria Manual.
10. Runoff Determination.

1. 1. Less Than 200 Acres. For design purposes, the rainfall duration for drainage areas less than 200 acres will be no less than three hours in duration.
   2. 200 Acres or More. For design purposes, the rainfall duration for drainage areas 200 acres or more will be no less than six hours of duration.
   3. The Rational Method. For drainage areas less than 600 acres and not in the FEMA floodway the peak discharge resulting from storm runoff will be computed by the rational formula (Q=CIA); where Q is the discharge in cubic feet per second; C is the runoff coefficient; I is the rainfall intensity in inches per hour; and A is the drainage area in acres.
      1. Runoff Coefficient (C). Shall consider the slope of the terrain, the character of the land-use, the length of overland flow and the imperviousness of the drainage area and shall be determined from the ultimate land development. The runoff coefficient for the appropriate land uses shall be as follows in Table 14.302.12-1, Minimum Coefficients.

1. 1. 2. Design Frequency (I). The design flood frequencies in Table 14.302.12-2, Minimum Design Flood Frequencies, shall apply. The time of concentration to be used shall be 10 minutes and refer to the rainfall intensity-duration curve  as approved by the City Engineer.

1. 1. 3. Area (A). The drainage area, in acres, in determining flows by the rational method shall be calculated by subdividing a map into the drainage areas within the basin contributing stormwater runoff to the system. The design must include the entire drainage basin, not just the subdivision under design unless such area is already designated by the City drainage map. Such area  shall include the location of high and low points on street grades, drainage divides in the area, and the general configuration of existing and finishing grades. Calculations for each major storm sewer line shall be shown on a drainage data sheet and shall be included in the proposed plans. All pertinent information (i.e. drainage, areas, time of concentration, rainfall intensity, runoff coefficients, etc.) shall be listed on the data sheet. For drainage areas greater than 600 acres or where the flood insurance administration, Federal Emergency Management Agency (FEMA) has mapped an area, Soil Conservation Service (SCS) unit hydrograph techniques shall  be used to compute runoff volumes and peak discharges. This methodology can be found in the SCS Technical Release 55 Urban Hydrology. For project areas that have several hydraulic elements combined (for example, pipes, channels, and culverts), both the rational method and the SCS unit hydrograph method should be used. Where this occurs, the higher discharge from the two methods shall be utilized.

1. 4. Redevelopment or In-Fill Development.  For a redevelopment or infill project, the following provisions shall apply. 

1. 1. 1. If the total impervious cover of the redevelopment or infill subdivision is less than or equal to the impervious cover of the site when it was fully built out, no modifications to the existing storm drain are required.
      2. If the hydraulic gradient of the existing storm drain is below the top of curb, no improvements to the existing storm drain are required.
      3. If the hydraulic gradient is above the top of curb, no improvements to the existing storm drain are required if:

1. 1. 1. 1. No structures are threatened; 
         2. No capital improvement project is in place for the subject system; and
         3. No structural flooding is threatened by the project.

1. 1. 4. If the hydraulic gradient indicates that structures are threatened by flooding, the subdivider may either provide internal storm drains, make improvements to the existing storm drain, or provide on-site detention.
2. 5. City Projects (Capital Improvement Programs). The subdivider may request cost sharing in accordance with Sec. 14.303.2, Cost Sharing, if the City's capital improvement program indicates a larger diameter storm sewer is planned in the vicinity of the subject property.
   6. Street Capacity. The design of street cross-sections required in Sec. 14.302.4, Street Cross-Sections, Bridges, and Railroads, shall be such that stormwater from a two-year storm will not exceed the top of curb.
   7. Drainage Across Street Intersections Where drainage is planned to cross street intersections, a concrete valley shall be required.

Effective on: 5/20/2019

1. 1. 1. The establishment of a  permanent HOA or POA; 
      2. The requirement for mandatory membership for all lot or unit owners;
      3. The requirement to maintain a reserve bank account or other surety to guarantee perpetual maintenance of private facilities;
      4. The right of the HOA or POA to collect dues from lot or unit owners; and
      5. A perpetual obligation of the HOA or POA to fulfill the responsibilities assigned to it by this UDC at the date of plat approval.

1. 2. Optional Elements. The deed restrictions may include any additional provisions that the subdivider considers desirable with respect to the management and maintenance of the subdivision provided that they do not undermine the required elements listed in Subsection A, Establishment of HOA or POA, above. 
   3. Exemption. The HOA or POA establishment requirement in this Subsection does not apply where individual water wells and/or individual on-site wastewater disposal systems are the only private facility proposed in a subdivision. 

2. Draft Deed Restrictions. The subdivider shall submit draft deed restrictions along with the preliminary plat.  The administrative bodies required to review and make final decisions on a preliminary plat shall review and make final decisions on the deed restrictions in regard to the compliance to the requirements of this UDC or to conditions of approval. 

3. Final Deed Restrictions. The subdivider shall submit final deed restrictions along with the final plat. The final deed restrictions shall comply with the draft deed restrictions approved with the preliminary plat.  The administrative bodies required to review and make final decisions on final plats shall review and make final decisions on the final deed restrictions. 

4. Private Utilities.

1. 1. Generally. Underground utilities shall be located in dedicated utility easements or in street rights-of-way, as appropriate.
   2. Placement. The placement and separation of utilities within a designated easement, right-of-way, or development tract shall be as required in the City's Engineering Design Standards and Specifications, except where modifications are approved by the City Engineer.
   3. Perimeter Easements. In a perimeter easement where overhead primary electric lines and/or feeders are proposed, such overhead power poles shall be located as near as possible to the perimeter property line of the subdivision.

5. Private Streets.

1. 1. Designed as Public Street. Private streets shall be designated by plat and designed and constructed to the same requirements as a public street in accordance with this Article.
   2. Maintenance. Maintenance of private streets and private street signs shall be the responsibility of a homeowners' or property owners' association. Such association shall be legally bound together by deed restriction, contract, corporation or other instrument that has as one of its purposes the continued care and maintenance of all commonly owned property within the development.

6. Private Water and Wastewater Facilities. All private water and wastewater facilities shall be designed and operated in strict compliance with applicable permits, ordinances, regulatory guidance and regulations of the Environmental Protection Agency, Texas Commission on Environmental Quality (TCEQ), Texas Department of Health and the City.

7. Water Facilities.

1. 1. Individual Water Wells. In addition to the policy criteria listed in Paragraph F.1, Basic Policy, above, single- and two-family residential subdivisions may be approved with individual water well facilities according to the following criteria:

1. 1. 1. The subject property is located more than 1,000 feet from any City water main or appurtenances. The distance shall be measured as the straight-line horizontal distance between  the end of the existing city water main or appurtenance to the nearest property boundary of the lot to be served.
      2. Water wells are not utilized in any commercial sale of water.

1. 1. 3. An applicant for approval of an individual water well shall submit the following evidence to the City Engineer:

1. 1. 1. 1. A utility availability application;
         2. Water quality tests;
         3. An affidavit stating that no more than the applicant will use the well and/or the well water will not be used in any commercial sales; and
         4. A certified cost estimate of well installation.

1. 2. Private Water Systems. In areas where development requires water services for more than one facility and the cost of extending and tying onto the City system is prohibitive, privately-owned water facilities may be considered and approved according to the policy criteria listed in Paragraph F.1, Basic Policy, above, and the following criteria:

1. 1. 1. The subject property is located more than 1,000 feet from any City water main or appurtenances. The distance shall be measured as the straight-line horizontal distance between  the end of the existing city water main or appurtenance to the nearest property boundary of the lot to be served.
      2. The subdivider provided certified evidence from a registered professional engineer that the system will meet all City, state, and federal health and water quality standards.
      3. Provisions shall be made to design the water system to provide adequate fire protection for the development in accordance with the City's Engineering Design Standards and Specifications. The sizing and material quality of all facilities shall be oversized to meet any future phases of the development.
      4. Perpetual private maintenance is guaranteed by such means as a homeowners' or property owners' association, bonds,  or other means approved by the City Attorney.
      5. The operator of the system will be certified by the TCEQ.
      6. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards.
      7. The City may accept existing or annexed private water systems for operation and maintenance when the City’s water lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards. Such private systems with necessary easements for future maintenance shall be dedicated to the City at no cost.
      8. Prior to such acceptance by the City, such water lines and facilities shall be inspected and evaluated for characteristics including, but not limited to, standards, adequacy, and condition.

8. Wastewater Facilities.

1. 1. Permitting. Before the permit process for individual on-site wastewater facilities can begin, the subdivider proposing a residential or nonresidential subdivision with on-site wastewater facilities shall submit materials listed in the appendix of this UDC. Such materials shall be prepared by a licensed professional engineer or registered sanitarian along with the preliminary plat application. 

1. 2. Land Use Requirements for On-Site Wastewater Systems.

1. 1. 1. Utilizing Private Water Well. Lots utilizing private water wells that have on-site wastewater systems shall have a minimum area of one acre.
      2. Utilizing Public Water System. Lots utilizing public water systems that have on-site wastewater systems shall have a minimum area of one-half acre.
      3. Environmental Management. The wastewater facility plan shall demonstrate compliance with Article 14.400, Environmental Management, when the  subject property is in a floodplain or floodway. 

1. 3. Individual On-Site Wastewater Systems. Individual on-site wastewater systems may be considered and approved according to the criteria listed in Paragraph F.1, Basic Policy, above, and the following criteria: 
2. 1. 1. The subject property is more than 1,000 feet from any City wastewater main or appurtenances. The distance shall be measured as the straight-line horizontal distance between the end of the existing City astewayer main or appurtenance to the nearest property boundary of the lot to be served;
      2. The City Engineer certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible;
      3. The operation of an on-site wastewater facility is feasible on the premises and will meet the standards and requirements of this UDC;
      4. All other jurisdictions of on-site wastewater facility shall be unlawful within the City or the extraterritorial jurisdiction; and

1. 1. 5. The subdivider has submitted the following evidence to the City Engineer:
2. 1. 1. 1. Proof of application submission to TCEQ and to include:
3. 1. 1. 1. 1. A map and statement of justification;
            2. Affidavits that no more than one residence or nonresidential facility shall utilize such on-site wastewater facility;
            3. A site evaluation and construction plan of the on-site wastewater facility system prepared by a licensed professional engineer or registered sanitarian; and
            4. An affidavit of the results of the percolation tests.

1. 1. 1. 2. Upon review of this evidence, the City Engineer may issue a] on-site wastewater facility permit.

1. 4. Aerobic Treatment Systems. Developments may be approved with individual aerobic treatment systems according to the following criteria:

1. 1. 1. An individual aerobic treatment system with effluent disposal may be installed to serve an individual residence, commercial or industrial facility if:

1. 1. 1. 1. The subject property is located more than 1,000 feet from any City wastewater main or appurtenances. The distance shall be measured as the straight-line horizontal distance between the end of the existing City wastewater main or appurtenance to the nearest property boundary of the lot to be served;
         2. The City Engineer certifies in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible;
         3. The operation of an on-site wastewater facility is feasible on the premises and will meet the standards and requirements of this UDC; and
         4. All other jurisdictions of on-site wastewater facility shall be unlawful within the City or the extraterritorial jurisdiction.

1. 1. 2. Individual aerobic treatment systems with effluent disposal shall be installed in accordance with the standards established by the TCEQ and the design criteria adopted by the City.
      3. An applicant for approval of an individual septic tank shall submit the following evidence to the City Engineer:

1. 1. 1. 1. Map and statement of justification;
         2. Affidavits that no more than one residence, commercial or industrial facility shall be utilizing such on-site wastewater facility;
         3. A site evaluation and construction plan of the on-site wastewater facility system prepared by a licensed professional engineer or registered professional sanitarian; and
         4. Upon review of this evidence, the City Engineer may issue a permit for the individual aerobic treatment system.

1. 5. Wastewater Treatment Systems. In areas where development requires water services for more than one facility and the cost of extending and tying onto the City system is prohibitive public or, privately owned facilities may be considered and approved by the City according to the following general criteria:

1. 1. 1. The subject property is located more than 1,000 feet from any city sanitary main or appurtenance. The distance shall be measured as the straight-line horizontal distance between the end of the existing city sanitary sewer main or appurtenance to the nearest property boundary of the lot to be served.
      2. The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all city, state, and federal health and water quality standards.
      3. The sizing and material quality of all facilities will meet the City standards and the present and any future phases to the concerned development.
      4. Perpetual private maintenance is guaranteed by such means as a homeowners' or property owners' association, bonds  or other means approved by the City Attorney.
      5. Operators of the system will be certified by TCEQ.
      6. The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards.
      7. The review and approval procedures for such wastewater treatment system shall proceed concurrently with the normal platting process and engineering plan approval process as outlined in this article, except for applications under these alternative water and wastewater facilities proposals, which shall first require review and recommendation from the City Engineer and final approval for the City Council.
      8. The City may accept existing and annexed private wastewater treatment system for operation and maintenance when the City’s wastewater lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and city standards. Such private system shall be dedicated to the City at no cost.
      9. Prior to such acceptance by the City, such water and wastewater lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc.

9. Alternative Ownership Arrangements.

1. 1. Alternative Ownership Types. The residential standards of this UDC with respect to lot area and width and building setbacks relate to the development of dwellings on legally platted lots that are intended to be owned in fee-simple by the landlord or residents of the dwellings. However, the standards are not intended to preclude other ownership types, such as single ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee-simple ownership is limited to the land under the building, and, in some cases, a small area around it). The alternative standards of this Section are intended to account for such alternative ownership arrangements.
   2. Compliance with UR District. The proposed pattern of development is allowed if the subdivider demonstrates that it will comply with the maximum gross density and applicable street, interior and exterior side, and rear setbacks as if it were conventionally platted with lots that meet the minimum requirements for the comparable housing types established in Sec. 14.102.6, UR, Urban Residential. 
   3. Maintenance and Ownership Agreement. Any subdivision with alterative ownership arrangements having attached units and/or common areas shall have a common maintenance or ownership agreement and shall be required to file all covenants and declarations governing those agreements at the time of platting. 

Effective on: 5/20/2019

2. Principles.

1. 1. Integrated Design. Generally, open spaces shall be integrated into the subdivision to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource preservation and management.
   2. Trails and Drainage Corridors / Waterbodies / Watercourses. Open space shall be designed to provide trails along drainage corridors, waterbodies, and watercourses. The landscaping along drainage corridors, waterbodies, and watercourses shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the drainage corridor or watercourse for the residents of the subdivision.
   3. Other Open Spaces. Formal open spaces shall be designed to provide areas of focus within the development. Landscaping, furniture, and other amenities for pedestrians shall be installed to enhance this effect.

3. Dedication of Open Space . The subdivider of a conventional residential or mixed use subdivision shall dedicate the amount of land required by the open space ratio specified in the applicable zoning district in Section 14.102, Base Districts and Standards.  The subdivider of a cluster or planned subdivision shall dedicate the amount of land required by the open space ratio in Sec. 14.102.13, Non-Conventional Neighborhood Development Standards. 

4. Fee in-Lieu of Dedication. The subdivider of a conventional subdivision may make a deposit to the City in-lieu of dedication of open space in accordance with the following regulations:

1. 1. When Allowed. The subdivider may pay a fee in-lieu of dedication under the following circumstances:
      1. When less than three acres is required to be dedicated;
      2. When a replat within the City limits is submitted with increased density; or
      3. An administrative body reviewing the plat determines that sufficient open space area is already in the park zone of the proposed subdivision, or the potential for that park zone would be better served by expanding or improving an existing open space.

1. 2. Fee. The  subdivider shall deposit in the City’s park development fund, money equivalent to the raw land value of the area required for dedication in Subsection C, Dedication of Open Space, above. The money shall be used exclusively for the expansion or improvement of a park in the same park zone as the proposed subdivision unless the City determines that sufficient park area already exists in the park zone of the proposed subdivision.

1. 3. Value Determination. The Director, based on the opinion of a Texas Licensed Real Estate Appraiser provided by the subdivider, shall determine the value of the raw land during review of the preliminary plat.
   4. Cluster and Planned Subdivisions. A subdivider shall not be permitted to pay a fee in-lieu of dedication for a cluster or planned subdivision. 

5. Phases. When a subdivision is to be developed in phases, or by units, so that the actual platting of the open space area to be dedicated is not done until the second or later phases, the subdivider shall complete and deliver to the City with the final plat of the first phase of the subdivision, documents that provide for the dedication of the open space area, or the fee in-lieu of dedication.
6. City Improvement. The City may improve the dedicated park area when the subdivider has completed all permanent required improvements on the area of the subdivision that is adjacent to the dedicated parkland and when the City has collected sufficient fees in-lieu within the park zone of the subdivision. The City shall improve any dedicated park by filling and grading as may be required, and may place basic playground equipment, watering systems, park shelter, and necessary greenery.
7. Dual Park and Easement, Drainage Facilities, or Water Features. 

1. 1. Partial Credit. Land that is encumbered by easements, detention areas, ponds and drainage channel borders, or other similar characteristics shall qualify for public open space in accordance with the following calculation. Twenty-five percent of the encumbered open space shall qualify as required open space.
   2. Example. A 20-acre open space dedication with five acres of combined detention area, pond and easements shall count as 16.25 required acres. (15 acres + (5 acres x .25) = 16.25 acres). 
   3. Additional Conditions. Additional conditions apply to encumbered open space including:

1. 1. 1. Detention areas shall have:

1. 1. 1. 1. Side slopes of a five-to-one ratio unless otherwise approved by the City Engineer;
         2. Gravity flow or a pumping system designed to remove all algae;
         3. A bottom with a minimum area of 50 feet x 100 feet in dimension unless otherwise approved by the City; and
         4. Field areas with a level, domed design suitable for field sports.

1. 1. 2. Drainage ditches and lake borders shall have:

1. 1. 1. 1. Side slopes of a five-to-one ratio unless otherwise approved by the City Engineer;
         2. Pedestrian and bicycle all-weather trails;
         3. An average minimum width of 30 feet and a minimum width of 20 feet beyond the top of bank; and
         4. Drainage ditches and lake borders with meandering, natural contour appearances.

8. General Open Space Standards. Open space conveyed to the City in a conventional, cluster, or planned neighborhood shall meet the standards below.

1. 1. Minimum Street Frontage. Required open space shall have frontage on a public street, measured in linear feet, equal to or greater than the square root of the total square footage of park area to be conveyed.  For example, a 20-acre open space shall have a minimum street frontage of 933 feet. (20 acres = 871,200 square feet.  The square root of 871,200 = 933.38)
   2. Floodplain. A minimum of 50 percent of the dedicated open space within a subdivision shall be outside of the 100-year floodplain.
   3. Access or Visibility. A proposed subdivision adjacent to required open space area shall not be designed to restrict reasonable access or visibility to the open space. 
   4. Schools. Recreational areas within a new school site platted along with the subdivision may be utilized to meet up to 50 percent of the open space dedication requirements upon approval of the Commission, as well as the appropriate school district. In order to be eligible for this credit, the school grounds must be open to the public. 
   5. Adjacent Streets. Any local street built adjacent to a park shall be constructed to residential collector standards to ensure access and prevent traffic congestion.

9. Cluster Neighborhood Open Space Standards. In addition to the applicable standards in Subjection H, General Open Space Standards, above, open space conveyed to the City in a cluster neighborhood shall meet the standards below.

1. 1. Active and Passive. A minimum of 25 percent of the required open space shall be active open space. 
   2. Interconnection. Open space land shall be interconnected to existing and potential open space on adjacent properties, as well as to other internal open space in the subdivision to provide a continuous network within and adjoining the subdivision.
   3. Structures. Except for pavilions, playing fields, and structures and improvements for storm water drainage, wastewater treatment, or water supply, passive open space  shall be free of all structures. 
   4. Wastewater Treatment and Water. The square footage set aside for wastewater treatment and water supply shall not be credited toward the minimum required open space.

Effective on: 5/20/2019

Effective on: 5/20/2019

2. Development Contract Required.

1. 1. Applicability. For all subdivisions in which public or private improvements are to be constructed and dedicated or conveyed to the public or to a homeowners' or property owners' association, a development contract is required to ensure the improvements are properly done. 
   2. Submittal. The subdivider shall submit the necessary copies of the development contract as determined by the City Engineer, along with any required bonds, escrow agreements, insurance certificates, or other documents,on forms  approved by or provided by the City Attorney. Such materials shall be executed by the City Manager prior to the development being approved  for construction.

3. Contents of Development Contract. The development contract shall be in a form and contain provisions deemed necessary by the City Attorney. The contract shall contain, but not be limited to, the following provisions:

1. 1. Description and Cost. A description of the improvements, their locations, and contract prices or, if there is no contract amount yet determined, the estimated costs certified by a licensed professional engineer and approved by the City Engineer.
   2. Specifications. The improvements will be constructed in accordance with the provisions of this Article and the City’s Engineering Design Standards and Specifications.
   3. Inspection and Orders. The contractor and subcontractors will cooperate with and abide by the orders of the City Engineer,and other applicable City staff in constructing  the  improvement.
   4. Insurance. The subdivider or contractor will comply with the insurance requirements applicable to the City’s public works projects and provide certificates evidencing such insurance coverages to the City.
   5. Performance Bond.
      1. If applicable, the subdivider shall provide a performance bond as required in Section 2253.021 of the Texas Local Government Code and in conformance with the City's Engineering Design Standards and Specifications, in the amount of 100 percent of the cost of constructing the public improvements.
      2. The bond shall be furnished on the form approved by the City Attorney and shall include a provision insuring the repair and replacement of all defects in the improvements due to faulty materials and workmanship that appear within one year from the date of acceptance of the improvements. The performance bond shall be issued by a surety company authorized to do business in the State of Texas and acceptable to the City. In lieu of a bond, the owner may substitute, upon approval either an irrevocable letter of credit on the form provided by the City or acceptable as to form and legality by the City Attorney, and issued by any bank duly chartered under the laws of the state; or cash deposit to and acceptable by the city in a bank or trust company.
   6. Payment Bond.
      1. If applicable, the subdivider or contractor shall provide a payment bond as required in Section 2253.021 of the Texas Local Government Code, in the amount of 100 percent  of the cost of constructing the public improvements.
      2. The bond shall be furnished on a form approved by the City Attorney and shall be issued by a bonding company authorized to do business in the State of Texas and acceptable to the City. In lieu of a bond, the owner may substitute either an irrevocable letter of credit on the form provided by the City or acceptable as to form and legality by the City Attorney, and issued by any bank duly chartered under the laws of the state; or cash deposit to and acceptable by the City in a bank or trust company.
   7. Occupancy. That the owner shall not allow any purchaser, lessee, or other person to occupy any building within the development until all improvements are accepted by the City; that upon violation of such restriction, the City may take whatever action is lawfully necessary to restrain such occupancy.

5. Subdivider to Install Improvements. The subdivider shall install all improvements to the standards in this Article and the City's Engineering Design Standards and Specifications. All improvements shall be incorporated into the construction plans required for plat approval.

Effective on: 5/20/2019

2. Subdivider to Extend Utilities to Subdivisions. If the existing City improvements are not within or adjacent to a proposed subdivision, the subdivider, unless exempt, shall construct the necessary extension as specified in this Article. ​​. All necessary easements must be recorded as required by law before service is extended to the subdivision. In cases where easements cannot be secured, the subdivider may petition the City to authorize condemnation proceedings. However, the subdivider is liable for any cost associated with retaining legal counsel and expert witnesses necessary to effectuate the condemnation proceedings and shall execute a contract with the City that shall provide for procedure to be followed.

1. 1. Criteria for Extensions. For the City to consider using condemnation authority for assistance to extend utilities to a proposed subdivision, clear evidence of public need and interest must be shown by the applicant. The following criteria are presented as guidelines in considering such public need or interest:

1. 1. 1. The proposed extension must be in accordance with the Comprehensive Plan, the City's Engineering Design Standards and Specifications, and adopted City policies.
      2. The proposed extension must be such that it will be able to serve other development areas.

1. 1. 3. The proposed extension will substantially help the city economy. For example, it would serve a new plant that employs over 50 people.
      4. The proposed extension will help alleviate a critical community need. For example, it would alleviate an area with flooding problems.
      5. The extension, if for immediate health reasons, can be construed as an overwhelming public need.

1. 2. Review Procedure. A subdivider requesting assistance must present a written application justifying a public need and interest. In addition, the subdivider must present written evidence that every practical attempt has been made to secure needed easements. This evidence must include an appraisal by an independent fee appraiser as to the current market value and damages, if any, of the easement and documentation that an offer has been made of at least the amount of the appraisal. The Development Review Committee shall review the request and make a recommendation to the Planning and Zoning Commission. Upon notice of such application, the Director, at least 10 days prior to the hearing, shall notify all property owners within 200 feet of the proposed path of the extension. The Planning and Zoning Commission shall hold a public hearing on the request and make a recommendation to the City Council, who shall take final decision. 

Effective on: 5/20/2019

Effective on: 5/20/2019

1. 2. City Engineer Inspection. The City Engineer shall inspect any and all phases of construction. 
   3. Stop-Work Order. The City Engineer may, at any time, issue a stop-work order when, in his or her judgment, the requirements of this Article or of the City's Engineering and Design Standards and Specifications have been violated.
   4.   Activities Requiring City Engineer Approval. None of the following shall take place without approval of the City Engineer: 
      1. Covering of wastewater, water, or storm sewer pipe; .
      2. Application to the street subgrade of flexible base material, subgrade material, or stabilization; or
      3. Pouring of concrete or application of asphaltic surface to the street base.

3. Procedure for Acceptance.
   1. Required Documents. When construction of the required improvements is complete, the subdivider's licensed professional engineer shall notify the City Engineer and request an inspection of the work. The following documents shall be submitted for review and approval prior to the scheduled inspection date:

1. 1. 1. Development engineer affidavit of construction compliance;
      2. Independent testing laboratory affidavit of materials compliance;
      3. Contractor/contractors affidavit of construction compliance;
      4. Development engineer’s drainage facilities construction statement; and
      5. One complete set of as-built documents of all improvements that have been constructed.

1. 2. Initial Inspection. The City Engineer shall inspect the improvements and issue a punch list of any deficiencies.

1. 3. Existing Conditions. The inspection shall document the existing condition of all public improvements and appurtenances. The public improvements and appurtenances must be in strict compliance with all federal, state, county and applicable municipal regulations, codes, statutes and policies in effect at the time of the request for acceptance. Conditions that shall be noted on this inspection report consist of, but shall not be limited to:

1. 1. 1. On curb and gutter roads, pavement cracks, pavement settlement, birdbaths, lack of joint sealing, spalling joints, other pavement irregularities, cracked curbing, missing curbs, dirt, trash or other debris in right-of-way, broken, cracked, sunken or debris filled storm sewer inlets, broken driveways or sidewalks;
      2. Bridges, drainage structures, utilities and all construction located within the public right-of-way or directly affecting the proper function of the system of public streets;
      3. A complete system of signage and traffic control devices in compliance with the Texas Manual on Uniform Traffic Control Devices;
      4. Water and wastewater system and all other appurtenances associated with the system; and
      5. Any and all other items related to the safe operation and maintenance of a complete system of public improvements.

1. 4. Scheduling Final Inspection. The subdivider shall schedule final inspection within 60 days of the initial inspection or a complete reinspection may be required along with a new punch list of deficiencies.  
2. 5. Preliminary Acceptance. After all deficiencies have been corrected and a final inspection has been completed, the City Engineer shall issue a recommendation to the City Council for the acceptance of the improvements. 
3. 6. Rejection. If the City Engineer rejects the improvements and if the subdivider fails to remedy all noted deficiencies, the City Attorney shall proceed to enforce the performance bond. The City Engineer shall not preliminarily accept any further improvements until the subdivider remedies all noted deficiencies.
4. 7. City Council Acceptance. Upon recommendation by the City Engineer, the City Council shall accept, accept with conditions, or reject the improvements into the city maintenance system.
5. Conditions of Acceptance. 

1. 1. Eligible Improvements. Acceptance of the public improvements into the City maintenance system shall only constitute acceptance of roads, streets, bridges, stormwater drainage systems, water systems, wastewater systems, public open spaces, and their related appurtenances.
   2. Ineligible Improvements. Detention facilities shall not be accepted for maintenance by the City. Only 100-year capacity open ditch type drainage channels meeting all the requirements of this Article shall be considered for acceptance into the City maintenance system.

5. Release of Bond. The City Attorney shall release the performance bond when all applicable public improvements are accepted into the City maintenance system.
    

    

Effective on: 5/20/2019