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Early City Zoning Code

ARTICLE 4

SUBDIVISION STANDARDS

Sec. 4-1-1, Purpose

The purpose of this Article is to:

  1. Establish adequate and accurate records of land subdivision;
    1. Ensure the development of functional and safe traffic circulation patterns; 
    2. Encourage economical and effective movement of motor vehicles, bicycles, and pedestrians;
    3. Provide access for public safety vehicles;
    4. Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate adjoining tracts;
    5. Ensure that all subdivisions developed in the City and its extraterritorial jurisdiction (ETJ) are adequately furnished with the necessary public services, including but not limited to, adequate water, fire protection to include fire hydrants, waste management, storm water drainage utilities, and park and open space resources; and
    6. Ensure that all subdivisions: 
      1. Have functional and attractive environments; 
      2. Minimize adverse effects; and 
      3. Become assets to the City's urban and natural setting.

    Effective on: 6/22/2021

    Sec. 4-1-2, Application

  2. Generally. This Article shall apply to all plats and subdivisions of land within the territorial limits of the City and the City's extraterritorial jurisdiction (ETJ) and in conjunction with the approved Interlocal Agreement between the City and Brown County.
  3. Compliance with the UDC Required to Subdivide. Until an appropriate plat is approved and recorded in conformity with this UDC, it shall be unlawful for any person or entity within the territorial limits of the City or the City's ETJ to:
    1. Record a Plat of Subdivision or Deed with the Brown County Clerk's Office not in accordance with the development review procedures established in ARTICLE 8, Development Review Procedures
    2. Apply for any building, electrical, mechanical, plumbing, certificate of occupancy, or any other permit issued by the City for the construction or repair of any improvement or the occupancy of any building or structure; or
    3. Perform the following on any tract, lot, or parcel of land:
      1. Subdivision;
      2. Cause, allow, or permit the construction of any public or private street, utility service or facility, building, structure, or other improvements; or
      3. Connection of any utility service or facility.
  4. Effective on: 6/22/2021

    Sec. 4-2-1, Design Principles

  5. Generally. The principles of this Section shall be interpreted in the context of the other applicable standards and applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted by this UDC.  
  6. Compatibility. The proposed subdivision plat shall be designed in a way that provides:
    1. Buffering. Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity alongside and rear lot lines as set out in, Sec. 3-3-3, Bufferyards;
    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 the proposed development provides new or improved access;
    7. Level of Service. Does not reduce the level of service of public infrastructure that are provided to surrounding development;
    8. 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.
    9. Tree Preservation. Tree masses, large individual trees, and plant materials should be preserved where practicable; and
    10. Topography and Natural Features. The arrangement of lots, blocks, and the street system should be designed to conserve and make the most advantageous use of topography and natural features.
  7. Consistency with City Capital Improvement Plans. The proposed site development plan or subdivision plat shall conform to all adopted and applicable capital improvement plans of the City with regard to public infrastructure and facilities, including trails and parks. 
  8. Future Development. The proposed subdivision plat shall be designed to illustrate how the future development of adjacent parcels under common ownership will relate to the parcel that is the subject of the application in terms of transportation and utility linkages. 
  9. Effective on: 6/22/2021

    Sec. 4-2-2, Street Network and Design

  10. Generally. The public street system pattern within a subdivision shall provide:
    1. Adequate vehicular access to all properties within the subdivision;
    2. Adequate street connections to adjacent properties outside the subdivision to ensure adequate traffic circulation within the general area;
    3. The continuation or appropriate extension of existing principal streets within the general area;
    4. Local street system serving properties to be developed for residential purposes which discourages through traffic while maintaining sufficient access and traffic movement for convenient circulation within the subdivision and access by City, fire, police, and other emergency services personnel; and
    5. Sufficient number of continuous streets to accommodate the traffic demands generated by the new development.
  11. Alleys.
    1. Residential Properties.  Alleys may be used in conjunction with a residential development to provide access to a parcel from the rear yard.
    2. Commercial and Industrial Properties. Alleys may be provided in all commercial and industrial areas; provided, however, that the Planning and Zoning Commission (P&Z) may waive the requirement where other definite and assured provision is made for service access, such as garbage pick-up, off-street loading and unloading, and parking consistent with and adequate for the uses proposed.
    3. Width. A minimum of 20 feet.
    4. Pavement.  All alleys shall be paved with an improved hard surface for the entire width of the alley.
    5. Intersections and Alignment. Alley intersections and sharp changes in alignment shall be avoided but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
    6. Dead-End Alleys. Dead-end alleys shall be avoided in subdivisions whenever possible unless natural resources, such as floodplains, wetlands, or open water prevent their connection to a local street and there is no alternative design that would serve all of the lots with alley access.  In this case, a cul-de-sac shall be provided at the dead-end.
    7. Crossings.  Sidewalks shall continue across alleys at points of intersection.
    8. ServicesNew alleys shall be constructed as service streets, as follows:
      1. Upon discretion of any utility company, natural gas and electric meters shall be readable from alleys, and not obstructed by fencing or landscaping.
      2. No structures or trees shall be built within the sight visibility triangles.
  12. Private Streets.
    1. Public Access Required. Every lot and parcel in a subdivision shall be served by a public or private street.
    2. Reserve Strips. There shall be no reserve strip at the end of a private street and between the private street and an abutting or adjacent public or private street that limits access or connection to such street(s).
    3. Requirements for Private Streets. When private streets are permitted, they shall meet all of the following requirements:
      1. Private streets shall be laid out, designed, and constructed in the same manner as public streets;
      2. All private streets shall have an easement recorded for the entire length of the road and width of the right-of-way that meets the standards of Sec. 4-2-10, Easements, and provides access for all City employees, utility providers, code enforcement, and public safety personnel to the subdivision; 
      3. Street signs shall indicate that the streets are "private";
      4. Private streets shall not interfere with the implementation of any adopted City plans, planned capital improvements or programs, or plans for construction or expansion of state or federal highways;
      5. Private streets will not materially interfere with street connectivity in the City or create an unreasonable impact on an abutting public street by curtailing opportunities for alternative travel routes; and
      6. Setbacks from private streets shall be measured in the same manner as setbacks from public streets.
  13. Curves and Street Jogs.
    1. Curves.  ​​​​​​Curves along streets shall have a centerline radius of not less than 40 feet, except that the centerline radius on a reverse curve shall not be less than 300 feet. Reserve curves should be separated by a tangent distance of not less than 100 feet.
    2. Street Jogs.  Jogs in streets shall be avoided in subdivisions unless the use of a street jog is unavoidable due to natural features, such as topography, large tree stands, wetlands, or bodies of water.  When street jogs are necessary, they shall have a minimum centerline offset of 125 feet (see Figure 4-2-2-1, Minimum Street Jog Distance).
  14. Figure 4-2-2-1

    Minimum Street Jog Distance 

    1. Intersections. The angle of street intersections shall not vary more than 15 degrees from the perpendicular. Where acute angle intersections are approved, a radius of at least 25 feet in the right-of-way line at the acute corner shall be provided.
      1. Intersection Angles. Streets in subdivisions shall be laid out so as to intersect at 90-degree right angles.  No street shall intersect any other street at less than 75-degrees.
      2. 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 4-2-2-1, 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. ​​​​​ 

    Table 4-2-2-1

    Minimum Intersection Separation and Off-Sets

    New StreetExisting Intersecting StreetIllustration
     
    Expressway
    Arterial, Major, or MinorCollector,
    Nonresidential or Residential
    Local
     35 mph or Lower40 mph or Greater 
    Major and CollectorNA300 feet600 feet300 feetNA 
    Minor and Local NA300 feet600 feet150 feet150 feet 
      1. 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. 3-2-5, Site 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.
      2. Grade. Intersections shall be designed with a flat grade wherever practical.
      3. 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. 3-6-1, 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.
      4. 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.
    1. Cul-De-Sacs.
      1. Maximum Street Length. Cul-de-sac streets may not be more than 400 feet in length. The length of the cul-de-sac shall be measured along the centerline of the cul-de-sac street from a point beginning at the intersection of the cul-de-sac street and the intersecting street to its furthest point from the point of the beginning. See Figure 4-2-2-2, Maximum Cul-De-Sac Length.
      2. Terminating Radius. The terminating end of a cul-de-sac shall have a minimum radius of 50 feet to the edge of the curb but not including the required right-of-way.

    Figure 4-2-2-2

    Maximum Cul-De-Sac Length 

    1. Dead-End Streets. Dead-end streets shall not be approved, except in instances where the street is terminated by a  cul-de-sac.  Where the street is designated to be extended into adjacent property.  Streets designated for extension into adjacent properties shall be fully constructed to the boundary of the development parcel.  Temporary termination of any street designed to service a buildable lot shall be prohibited.  
    2. Half-Streets. Half streets shall be avoided, except for:
      1. Where they are essential for reasonable development of a subdivision in conformity with the other requirements of this UDC;
      2. When the P&Z finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided.
    3. Grades. Maximum and minimum centerline grades for streets shall be in conformance with the City's Engineering Design Manual.
    4. Street Signage and Traffic Control Devices. The developer shall be responsible for the installation of all required street signs and traffic control devices, such signage and traffic control devices shall conform to the state manual on uniform traffic control devices or the City's Engineering Design Specifications Manual.
    5. Mailboxes. Placement of mailboxes shall take into consideration location of property lines in relation to pavement widths, so as to prevent the mail carriers vehicles from leaving the pavement surface to access the mailboxes.  Refer to the City's Engineering Design Specification Manual for examples and details.  

    Effective on: 6/22/2021

    Sec. 4-2-3, Street Cross Sections

  15. Right-of-Way and Pavement Widths.
    1. ​​​​​​Right-of-way dimensions shall conform to those set out in Table 4-2-3-1, Right-of-Way Widths.  
    2. Where additional right-of-way is needed to obtain vertical curve, grade, sight distance triangles, turn lanes, or medians, the required right-of-way shall be adjusted to the extent necessary in accordance with local needs, as determined by the Administrator.
  16. Table 4-2-3-1

    Right-of-Way Widths

    Road Classification Minimum Right-of-Way Width Required Minimum Pavement Width Required 
    Major Street 80 Feet 48 Feet
    Collector Street 60 Feet 40 Feet
    Minor and Local Streets 50 Feet 32 Feet

    Table 4-2-3-1

    Right-of-Way Widths

    Road Classification Minimum Right-of-Way Width Required Minimum Pavement Width Required 
    Major Street 80 Feet 48 Feet
    Collector Street 60 Feet 40 Feet
    Minor and Local Streets 50 Feet 32 Feet

    Table 4-2-3-1

    Right-of-Way Widths

    Road Classification Minimum Right-of-Way Width Required Minimum Pavement Width Required 
    Major Street 80 Feet 48 Feet
    Collector Street 60 Feet 40 Feet
    Minor and Local Streets 50 Feet 32 Feet

    Table 4-2-3-1

    Right-of-Way Widths

    Road Classification Minimum Right-of-Way Width Required Minimum Pavement Width Required 
    Major Street 80 Feet 48 Feet
    Collector Street 60 Feet 40 Feet
    Minor and Local Streets 50 Feet 32 Feet
    1. Street Pavement Width Measurements.  The required minimum street pavement widths shall be measured from the back-of-curb structure to the back-of-curb structure and shall include the entire curb rise and gutter portions of each structure.  
    2. Cross Sections. Figure 4-2-3-1, Cross Sections, provides an illustration of the required minimum cross-sections. 

    Figure 4-2-3-1

    Cross Sections

     
    1. Street System Minimum Standards. Streets in a new subdivision or that are required to be extended due to the platting of a new subdivision shall comply with the standards of this UDC, those in the City's Engineering Design Manual, all other applicable standards of the City Code, and state and federal regulations and specifications.
    2. Minimum Street Width Exception Request.  The City Council may approve a right-of-way width of a smaller dimension than required in Table 4-2-3-1, Right-of-Way Widths, as part of a new subdivision to provide flexibility for unique subdivision designs, such as adequate off-street parking, on- or off-street shared parking facilities, or setbacks that are larger than required in Division 3-1, Lot and Design Standards due to existing site constraints.  Right-of-way or pavement width may only be reduced if the plans demonstrate that the reduced right-of-way or pavement width will not:
      1. Impede or hinder access from emergency personnel or vehicles;
      2. The pavement width is not too narrow to provide a required fire lane;
      3. Permit on-street parking for sections of streets that are too narrow to provide the necessary width to accommodate vehicular traffic lanes and on-street parking lanes; and
      4. Limit or exclude the provision of sidewalks in the right-of-way.
    3. Existing Streets. In the case of a subdivision served by existing streets, and the right-of-way widths of such streets do not meet the requirements of Table 4-2-3-1, Right-Of-Way Widths, and the Comprehensive Plan, the subdivider shall dedicate the following:
      1. Both Sides. When the subdivision abuts both sides of the existing street, the subdivider shall dedicate 100 percent of the right-of-way necessary to bring the street into conformance with Table 4-2-3-1, Right-of-Way Widths.
      2. One Side. When the subdivision abuts only one side of the existing street, the subdivider shall dedicate one-half of the right-of-way necessary to bring the street into conformance with Table 4-2-3-1, Right-of-Way Widths.
      3. Indirect Impact. When it has been determined by through a traffic impact analysis, study, and/or research, prepared by a registered professional engineer, that the subdivision will have significant impact to an existing street or right-of-way that does not abut any side of the subdivision, the subdivider shall make the necessary improvements to such street or right-of-way that is roughly proportionate to its development or pay a fee-in-lieu of such improvements subject to approval by the City Council. Such rough proportionality shall be determined by, but not limited to, a traffic impact analysis, studies, and research, prepared by a registered professional engineer, to determine the amount of traffic impact as a result from the development for such improvements.
    4. Thoroughfares. Whenever a subdivision includes a street, which is shown as "future" or "future widening", on the City's Street System Plan, the developer shall:
      1. Right-of-Way Dedication. Dedicate the right-of-way required by the Comprehensive Plan and Table 4-2-3-1, Right-of-Way Widths, for a collector or major street; and
      2. Street Construction. Either construct the street or pay the cost of constructing the street on a time scheduled , as negotiated by the Administrator and determined in the development agreement.  Construction costs to be used in association with this Section shall be based on current typical cost per lineal foot estimates, as determined by the Administrator. For purposes of this Section, a subdivision includes a street when the street designated on the Street System Plan is next to or included in the subdivision.
    5. Bridges. Bridges of primary benefit to the subdivision shall be constructed at the full expense of the subdivider without reimbursement from the City. The sharing of expenses for the construction of bridges not of primary benefit to the subdivider shall be fixed by development agreement between the City and the subdivider.
    6. Railroad Rights-of-Way and Expressways. Where so located as to affect the subdivision of adjoining lands, railroad rights-of-way and expressways shall be treated as follows:
      1. Setback. For residential land uses and districts, a setback of at least 50 feet in depth, in addition to the required setback based on the zoning district, shall be provided adjacent to the railroad right-of-way or expressway.
      2. Parallel Streets. When a street lying parallel to a railroad right-of-way intersects a street that crosses the railroad at grade, the intersection of such streets shall be a distance of at least 150 feet from the railroad right-of-way (see Figure 4-2-3-2, Railroad Crossings, below); with such measurement made from the street centerline to the edge of the railroad right-of-way. Such distance shall be determined with due consideration to the minimum distance required for future separation of grades by means of appropriate approach gradients.

        Figure 4-2-3-2

        Railroad Crossings

         

    Effective on: 6/22/2021

    Sec. 4-2-4, Construction Standards

  17. Generally.
    1. All developments shall make provisions for water, sewer, storm water, electric, telephone, natural gas, cable service, fiber-to-the-home, and other public and/or private utilities available to residents.
    2. All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.
    3. Unless specifically stated in this Section required materials, thicknesses, sizes, diameters, dimensions, cross-sections, and all other forms of construction shall meet the requirements specified in the City's Engineering Design Manual. 
  18. Capacity.
    1. Facilities part of a Larger Tract. Where a parcel proposed for development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development.
    2. Facilities part of a Larger Utility Service Area. Where the parcel proposed for development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.
    3. Indirect Impact. When it is determined that new facilities, such as water and sewer infrastructure are necessary to service the new development, the subdivider shall make the necessary improvements that are roughly proportionate to the development that subdivider is proposing or pay a fee-in-lieu of such improvement subject to approval by the City Council. Such rough proportionality shall be determined by, but not limited to, a registered professional engineer study. 
  19. Potable Water Line Loops. Potable water lines shall be looped and shall have a secondary feed to the potable water supply unless prior approval of the Administrator. In the event that a water line is not looped a flush valve will be required.
  20. Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.
  21. Common Use Easements. Wherever possible, the City will require compatible utilities to share easements (see Sec. 4-2-10, Easements).
  22. Location of Utilities.
    1. Electrical Power, Gas, Telephone, Cable, and Comparable Utilities. Electrical distribution lines and telecommunications lines shall be installed underground. All underground conduits for electrical power, telephone, and other similar purposes shall be located in an easement at the rear lot line, with adequate width for installing such utilities underground, unless certified by the utility companies concerned that the rear lot line location is impractical, or unless the Administrator finds this placement is not feasible.
    2. Existing Neighborhoods. Electrical distribution and telecommunications lines in established neighborhoods with existing overhead lines may install new overhead powerlines for minor plats only. Overhead electrical power and telecommunication lines shall be located in an easement at the rear lot line, with adequate width for installing such utilities underground, unless certified by the utility companies concerned that the rear lot line location is impractical, or unless the Administrator finds this placement is not feasible.
    3. Water, and Sewer.  Water, and sewer lines, and utilities for such purposes, shall be located in a street easement or right-of-way with adequate additional width and space for the location of pumping or lift stations or the like, unless it is demonstrated by the developers and/or property owner(s) concerned that such location is impractical, and the Administrator finds that the placement is not feasible.
    4. Installation of Main Line or Conduit Prior to Street Construction.
      1. Main lines for gas, water, and sanitary sewer services and conduit for electric, cable, and fiber optic service (if not feasible to place in the rear yard per Sec. 4-2-4.F.1) shall be installed prior to the construction or installation of any street surface materials or curb.
      2. Main lines or conduit shall utilize one of the following construction methods:
        1. Main lines shall be run along both sides of each street in the subdivision, such that service lines can be connected to each individual lot after construction; or
        2. Main lines shall be installed on one side of each street in the subdivision with all connections to abutting parcel lines placed under the proposed street prior to construction of the street.
      3. The installation of all service lines from the main line to the abutting parcel lines of each subdivision lot on both sides of the street shall be installed concurrently with the main line.
  23. Water Supply and Protection. Water supply for new development shall be of sufficient capacity, quantity, and pressure to provide for the development’s potable water demand, irrigation needs, and fire protection.
    1. Water Supply and Distribution. Water mains properly connected with the City water supply system or a municipal utility district (MUD) approved by the Administrator shall be constructed in such manner as to adequately serve for domestic use and fire protection purposes for all lots shown on the subdivision plat.
    2. Service Requirements and Capacities. The subdivider shall provide access to a suitable water main, an approved water meter, and a water connection for each lot. The water mains shall be of sufficient size to adequately supply the requirements of the subdivision for domestic use and fire protection in accordance with the standards set out and approved by the Administrator. Water mains shall conform to the following requirements:
      1. Pipe Size. The minimum pipe size allowed shall be six inches in diameter. The Administrator reserves the right to require larger pipe sizes for supply demands and adequate fire protection within the area.
      2. Water Main Size. Water mains shall be of sufficient size to provide at least one standard fire hydrant unit within:
        1. Four hundred feet of each one- or two-family dwelling structure; and
        2. Three hundred feet to each part of a multi-family dwelling unit, a nonresidential structure, or an industrial structure.    
      3. Means of Measurement. The distance measurements required by Subsection 4-2-4.G.2.b.ii shall be determined by the length of hose and the hose lay path between the hydrant and dwelling or every part of a nonresidential or industrial structure as set out in Subsection 4-2-4.G.b.2, above.
      4. Required Compliance. Water mains shall comply with all rules and regulations of the State.
      5. Required Looping. If additional hydrant(s) are required to comply with the provisions of Subsection 4-2-4G.2, above, the hydrants shall be fed by a service line that is looped back into a main water line to avoid the creation of a dead-end line.  The location and connection of the hydrant(s) unit(s) shall be subject to the approval of the and Administrator.
      6. Required Easement. In the event that fire hydrant units must be installed on private property, the developer/owner shall dedicate an easement to the City along the route of the water line to the hydrant and around the hydrant. This easement shall be a minimum width of 10 feet and placed directly over the water line.  The width of the easement shall be centered on the water line and extend five feet on either side of the water line.  The easement surrounding a fire hydrant shall be a minimum of 10 feet by 10 feet square with the hydrant placed at the center of the easement.
    3. Construction Supervision. Water systems shall be constructed under the supervision of the Administrator.
    4. Connection Fee. A subdivider who connects a subdivision water supply system to the City water system shall pay to the City a fee  necessary to offset the cost of the City to expand City facilities to adequately handle the increased demand on the City's system should the expansion be determined to be necessary.
  24. Wastewater System. Sanitary sewer service for new developments shall be sufficient to provide for the development’s demand for such service. Sanitary sewer lines shall be installed to the specifications of the City.
    1. Wastewater Collection. A wastewater collection system shall be installed in such a manner as to adequately serve all lots with connections to the City wastewater system. Sewer connections shall comply with all state and City regulations.
    2. System Requirements. All sanitary sewers shall conform to the following requirements:
      1. Required Connection. Each lot within the subdivision shall be connected to the system.
      2. Pipe Size. The minimum pipe size allowed shall be six inches in diameter. The Administrator reserves the right to require larger pipe sizes for adequate wastewater collection capacity depending on the use or development.
      3. Required Approvals. Gradients, pipe types, locations, types of manholes, and characteristics of lift stations and treatment facilities shall industry standards and be approved by the Administrator prior to construction.
      4. Manhole Spacing. Sanitary manholes shall be spaced at intervals not to exceed 500  feet at each junction or change in alignment.
    3. Design Specifications. All sanitary sewers shall be designed to meet site specific data.  If site specific data is unavailable the peak flow must be determined by  100 gallons per capita per day with using a peaking factor of at least 4.0 or a design standard specifically approved by the Cities engineer .
    4. Construction Supervision. Water systems shall be constructed under the supervision of the Administrator.
    5. Connection Fee. A subdivider who connects a subdivision’s wastewater system to the City wastewater system shall pay to the City a fee necessary to offset the cost of the City to expand City facilities to adequately handle the increased demand on the City system should the expansion be determined to be necessary.
  25. Storm Drainage. 
    1. Generally. Drainage facilities shall be designed and constructed in accordance with this Section.  The design, size, type and location of all storm drainage facilities shall be subject to the approval of the Administrator, and the City's Engineering Design Manual. The requirements set forth herein are considered minimum requirements.
    2. Developer Responsibilities. The developer and their engineers shall bear the total responsibility for the adequacy of design. The approval of the facilities by the City in no way relieves the developer and their engineer of this responsibility.
    3. Drainage Improvements Required. The subdivider shall provide new drainage facilities or the improvement of existing drainage facilities necessary to provide for the storm water drainage needs of the subdivision, in accordance with the requirements of this Section and as necessary to:
      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 exceed the downstream facilities ability to manage the one-hundred-year rainfall event 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.
    4. 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.
    5. 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.
    6. Site Erosion Control.
      1. 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, as directed by the Administrator, and as required by the Texas Commission on Environmental Quality's Stormwater Pollution Plan requirements.
      2. The erosion and sediment control devices shall be installed and maintained as required until sufficient vegetation cover has been provided or has been replaced to control erosion and sediment, as directed by the Administrator.
    7. 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.
    8. 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 City's Engineering Design Manual.
    9. Runoff Determination.
      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 4-2-4-1, Minimum Coefficients
  26. Table 4-2-4-1

    Minimum Coefficients

    Land Use

    Value of C

     Residential (single-family) areas

     Lots more than 1/2 acre

    0.35

     Lots 1/4–1/2 acre

    0.45

     Lots less than 1/4 acre

    0.55

     Multifamily areas

     Less than 20 service units/acre

    0.65

     20 service units/acre or greater

    0.80

     Business areas

    0.80

    Shopping centers

    0.95

    Industrial areas

    0.70

    Railroad yard areas

    0.30

    Parks/open space

    0.30

    Property that cannot be identified

    0.70

          1. Design Frequency (I). The design flood frequencies in Table 4-2-4-2, 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 Administrator.  

    Table 4-2-4-2

    Minimum Design Flood Frequencies

    FacilityMinimum Design Frequency (Years)
     Street capacity, enclosed pipe system Local–2 year
     Collector–2 year
     Arterial–10 year
     Culverts, bridges, channels and creeks (new and improved) Shall carry the existing capacity of the stream or 100 year
          1. 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. Redevelopment or In-Fill Development.  For a redevelopment or infill project, the following provisions shall apply.
        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. 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.
        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. Street Capacity. The design of street cross-sections required in Sec. 4-2-3, Streets Cross-Sections, shall be such that stormwater from a two-year storm will not exceed the top of curb.
      3. Drainage Across Street Intersections. Where drainage is planned to cross street intersections, a concrete valley shall be required.
    1. Curbs and Gutters. Curbs or combined curbs and gutter shall be provided on both sides of subdivision streets and on the side of boundary streets adjacent to the subdivision.  All curbs shall be constructed with an approved material and cross-section as detailed in the City's Engineering Design Manual.
    2. Sidewalks. All sidewalks shall be constructed from an approved material and thickness as specified in the City's Engineering Design Manual.   

    Effective on: 6/22/2021

    Sec. 4-2-5, Street Names

    All streets shall be named and conform with the following: 

    1. Required. All streets shall have street signs located at all intersections with the name, suffix, and prefix visible and in conformance with the state manual on uniform traffic control devices or the City's Engineering Design Manual.
    2. New Streets. New streets shall not duplicate existing street names. 
    3. Extensions of Existing Streets. Existing street names shall be used in those instances where a new street is a direct extension of an existing street or a logical extension. The use of the same street name shall continue along any continuous right of way, so long as there are unique names for each intersection.  
    4. Suffixes. Street name suffixes such as court, circle, or loop should be designated on streets that are cul-de-sacs or in a configuration of a loop street. 
    5. Prefixes. Street name prefixes such as north, south, east, and west may be used to clarify the general location of the street; however, such prefixes shall be consistent with the existing and established street naming and address numbering system of the general area in which the street is located. 
    6. Naming and Continuation. Alphabetical and numerical street names shall not be designated, except in those instances where such street is a direct extension of an existing street that same name and is not a duplicate street name. 
    7. Street Name Change. No street name, once designated, may be changed except by City ordinance.
    8. Intersections. Four-way street name signs shall be provided at all intersections.

    Effective on: 6/22/2021

    Sec. 4-2-6, Street Lights

  27. Public Streets. In any development with public streets, adequate electrical service shall be provided to proposed street light locations as determined by the City Administrator. General standards for public street lighting are established by the City.
  28. Private Streets. In any development with private streets, the City Administrator shall review the lighting plan for adequacy regarding safety and ease of pedestrian and vehicular access. Generally, standards for private street lighting shall be the same as for public streets.
  29. Street Light Design. The following street light requirements apply to public and private streets.  
    1. Location. Street lights shall be installed at all street intersections, at the end of all cul-de-sac, 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 City Administrator.
    2. Electrical Service. Internal electrical service to the street lights shall be located underground for all new subdivisions.  For redevelopment properties with existing overhead electrical services, the service may be provided by overhead and the street light mast arms may be mounted on the power poles provided that the required lighting intensity is maintained.  
  30. Effective on: 6/22/2021

    Sec. 4-2-7, Blocks

  31. General Layout. The lengths, widths, and shapes of blocks shall conform to the:
    1. Provision of adequate building sites suitable to the specific needs and required of the proposed zoning district and type of use contemplated;
    2. Limitations and opportunities of soils, natural resources, topography, uses, or features that bound the parcel proposed for development;
    3. Need to provide for mobility and accessibility for people who use alternative modes of transportation; and
    4. Need for convenient access, circulation, control, and safety of street traffic. 
  32. Dimensions.
    1. Length.
      1. Minimum. The minimum permitted block length shall not be less than 300 feet.
      2. Maximum. The maximum permitted block length shall not be more than 1,600 feet.
    2. Width. Blocks shall be wide enough to allow two tiers of lots.  The total width of the block shall not be less than the distance required to accommodate two lots with abutting rear property lines in the subdivision's underlying zoning distract as stated in DIVISION 3-1, Lot and Building Standards, except where reverse frontage lots are located along a major or collector street or where such an arrangement is prevented by the size or other inherent site conditions on the property.
  33. Effective on: 6/22/2021

    Sec. 4-2-8, Lots

  34. Generally.
    1. Specific Regulations by Zoning District. New lots shall be dimensioned according to the requirements of DIVISION 3-1, Lot and Building Standards. The size, shape, and orientation of lots shall be appropriate to the district in which they are located, the location of the proposed development, and the type of development contemplated. The lots shall provide an adequate buildable area for the development that is contemplated.
    2. Platting Required. Lots are required to be platted unless specifically exempted by this UDC. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking, loading facilities, landscaping, and other required site improvements or open space/bufferyard areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this UDC.
  35. Shape. ​​​​​
    1. Lot Depth. Alternative depth to width ratios may be approved in order to accomplish a public purpose, such as the preservation of natural resources or to optimize the use of the land in being platted, as approved by the Planning and Zoning Commission.  
    2. Side Lots Lines. Side lot lines shall be approximately at right angles to the centerlines of abutting streets. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources or  to optimize the use of the land in question.
    3. Property Lines at Intersections. Property lines at street intersections in subdivisions shall be rounded with a radius of 10 feet or greater.  
  36.  Access and Frontage.
    1. Residential Lots (Except Mixed-Use and Multi-Family).
      1. Generally, new single-family detached and single-family attached dwellings shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley that serves not more than 12 dwelling units. Through lots shall take access from the side from which the address is assigned, which shall not be collector or major streets.
      2. Manufactured home lots shall front only on local streets.
    2. Nonresidential, Mixed-Use, and Multi-Family Lots. Nonresidential, mixed-use, and multi-family lots that take access from collector or major streets shall provide adequate on-site maneuvering areas for automobiles to turn-around.
  37. Through Lots. Through lots for single-family detached and single-family attached dwellings are not permitted. See Figure 4-2-8-1, Through Lot. Where residential development is bounded by one or more major streets, lots shall be separated from the major street right-of-way by a Type B Bufferyard (See Sec. 3-3-3, Bufferyards) that is owned and maintained by a property owners. 

      Figure 4-2-8-1

    Through Lot

      

      Figure 4-2-8-1

    Through Lot

      

      Figure 4-2-8-1

    Through Lot

      

      Figure 4-2-8-1

    Through Lot

      
  38. Orientation to T-Intersections. The building envelope of lots at the terminal end of a T-intersection shall be offset a minimum distance of 25 feet from the centerline of the terminated street in order to mitigate the impacts of oncoming traffic on the use and enjoyment of the lots.
  39. Areas of Special Flood Hazard. Residential lots that are intended for conveyance into private ownership shall be platted outside the designated areas of special flood hazard.
  40. Effective on: 6/22/2021

    Sec. 4-2-9, Development Phasing

  41. Generally. A lot or tract proposed for development may be developed in phases, with each phase separately platted.  In such cases, the applicant shall submit a preliminary plat showing the phases of development. See Sec. 8-6-3, Preliminary Plat.
  42. Consistency with Preliminary Plat. In considering each subsequent phase shown on a preliminary plat, the P&Z may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include but are not limited to, temporary street extensions, temporary cul-de-sacs, and off-site utility extensions.
  43. Guarantees Related to Phasing of a Development. See Sec. 4-3-2, Guarantees.
  44. Submittal of Final Plat. Once a preliminary plat is approved in accordance with this Section, only a final plat is required for each section of the phased development.  See Sec. 8-6-4, Final Plat.
  45. Effective on: 6/22/2021

    Sec. 4-2-10, Easements

  46. Generally. During the development approval process, the City may require a variety of easements on private property or lots. These easements may include, but are not limited to the following purposes:
    1. Pedestrian access;
    2. Solid waste removal;
    3. Fire protection or hazard mitigation;
    4. Access to public utilities or drainage areas;
    5. Utilities; and
    6. Drainage.
  47. Utility Easements.
    1. Common Lot Lines.  Easements across lots or centered on rear and side lot lines shall be provided for utilities where necessary and shall be a minimum of 15 feet wide with seven and one-half feet placed on each individual property.
    2. No Common Lot Line. Easements located on rear lot lines where no common lot line exists shall be a minimum of 15 feet in width.  
  48. Water and Wastewater Easements. Easements required for water and wastewater utilities shall be a minimum of 15 feet in width in the right-of-way adjacent to the front property line or as otherwise specified by the City.
  49. Drainage and Stormwater Easements. Where a subdivision is traversed by a watercourse (or drainage way, or bayou channel), there shall be provided a stormwater or drainage easement conforming substantially with lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose and approval by the City.
  50. Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Sec. 4-2-2, Street Network and Design and Sec. 4-2-12, Sidewalks.
  51. Encroachments and Removal of Encroachments. No structures or permanent encroachments shall be allowed to be located within the area of any easement required by this Section. While the City or utility provider benefiting from the easement will make efforts to minimize disturbances; however, both shall have the right to remove any encroachment, structure, fence, landscaping (including overhanging limbs, shrubbery, or vegetation), or other improvements placed upon or over such easement. The City and/or utility provider shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.
  52. Maintenance of Easements. The responsibility for the regular maintenance of the ground surface (meaning mowing and removal of trash) in any easement shall rest with the owner of the property within which the easement exists.
  53. Effective on: 6/22/2021

    Sec. 4-2-11, Access Management

  54. Generally. This section applies to properties fronting on public rights-of-way that are maintained by either the City or County. 
  55. Subdivision Access.
    1. Access Points into Subdivisions. Subdivisions with 30 or more lots, or multi-family developments with 60 or more dwelling units, shall have at least two access points into the subdivision. These streets shall be located as far apart as practical and consistent with Sec. 3-2-5, Site Access.
    2. Street Layout. The street layout of a subdivision shall provide access to all building sites and parcels provided; however, lots intended for single-family development shall not take access to major street.
    3. Traffic Calming. Street alignments within subdivisions shall utilize traffic calming techniques such as horizontal curves, medians, controlled intersections, street width, street bulb-outs, and/or other methods that allow adequate access but discourage cut-through traffic and unsafe speeds
    4. Pavement. All access points shall be paved with solid surface paving ( as an example hot mix, concrete, chip seal) from the property line, utilized to access a parcel, to the edge of the abutting street pavement or curb.
  56. Effective on: 6/22/2021

    Sec. 4-2-12, Sidewalks

  57. Generally. Concrete sidewalks are recommended along all public and private streets.
  58. Width. Sidewalks shall be a minimum of five feet along all streets.
  59. Location of Sidewalks.
    1. Sidewalks shall be provided between the right-of-way line and the edge of pavement.

      Figure 4-2-12-1

      Sidewalks

        

      Figure 4-2-12-1

      Sidewalks

        

      Figure 4-2-12-1

      Sidewalks

        

      Figure 4-2-12-1

      Sidewalks

        
    2. Sidewalks may meander into the parkway to protect the root systems of mature trees. This arrangement shall not reduce the right-of-way width requirement.
    3. Sidewalks may also be installed in pedestrian access easements.
  60. Crosswalks Required. Where sidewalks are present crosswalks are required at the intersections of the following classifications of streets:
    1. Major and major;
    2. Major and collector street;
    3. Major and minor;
    4. Collector and collector; and
    5. Collector and minor.  
  61. Modification of Sidewalk Requirements. Sidewalk requirements may be altered or waived if a sidewalk or trail plan that provides equal or greater pedestrian circulation is submitted to and approved by the P&Z at the time of a preliminary plat. These trade-offs may be permitted 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 other off-street trails or multi-use pathways on the perimeter of the parcel proposed for development.
  62. Effective on: 6/22/2021

    Sec. 4-2-13, Deed Restrictions and Private Facilities

  63. Establishment of HOA or POA.
    1. Minimum Elements. A homeowners' association (HOA) or a property owners' association (POA) shall be required to maintain private facilities in a subdivision, including, but not limited to, common open space, recreational amenities, private utilities, or private streets. The subdivider shall record, along with the approved final plat for the subdivision, deed restrictions that are in a form acceptable to the City Attorney and that include, at a minimum, the following: 
      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 requirement to maintain private open space and parks provided for the development per Sec. 4-2-14, Open Space and Park Dedication;
      5. The right of the HOA or POA to collect dues from lot or unit owners; and
      6. A perpetual obligation of the HOA or POA to fulfill the responsibilities assigned to it by this UDC at the date of plat approval.
    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 4-2-13.A, Establishment of HOA or POA
    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. 
  64. 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. 
  65. Final Deed Restrictions. The subdivider shall submit final deed restrictions along with the final plat.  The administrative bodies required to review and approve final plats 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. 
  66. Private Utilities.
    1. Generally.  All 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 UDC for public utilities and City's Engineering Design Manual, except where modifications are approved by the Administrator.
    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.
  67. Private Streets.
    1. Street Design 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 another instrument that has as one of its purposes the continued care and maintenance of all commonly owned property within the development.
  68. 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.
  69. Water Facilities.
    1. Individual Water Wells. Single- and two-family residential subdivisions may be approved with individual water well facilities according to the following criteria:
      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.
      3. An applicant for approval of an individual water well shall submit the following evidence to the Administrator:
        1. A utility availability analysis;
        2. Water quality tests;
        3. An affidavit stating that no more than one dwelling unit on the subject property 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.
    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 by the following criteria:
      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 approval of the Administrator and fire protection district. The sizing and material quality of all facilities shall be oversized to meet planned 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.
  70. Wastewater Facilities.
    1. Permitting. Before the permit process for individual on-site wastewater facilities can begin or at the time an applicant submits a preliminary plat application, the subdivider proposing a residential or nonresidential subdivision with on-site wastewater facilities shall submit the following materials prepared by a licensed professional engineer or registered sanitarian:
      1. Overall site plan;
      2. Topographic map;
      3. 100-year floodplain;
      4. Soil survey; 
      5. Location of water wells;
      6. Locations of easements as identified in Texas Administrative Code Title 30 Chapter 285;
      7. A complete report detailing the types of on-site sewage facilities to be considered and their compatibility with area wide drainage and groundwater; and 
      8. A comprehensive drainage plan shall also be included in these planning materials.  
    2. Land Use Requirements for On-Site Wastewater Systems.
      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 a one-half acre.
      3. Environmental Management. The wastewater facility plan shall demonstrate compliance with ARTICLE 5, Environmental Management, when the subject property is in a floodplain or floodway
    3. Individual On-Site Wastewater Systems. Individual on-site wastewater systems may be considered and approved according to the following criteria: 
      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 wastewater main or appurtenance to the nearest property boundary of the lot to be served;
      2. The Administrator 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 ETJ; and
      5. The subdivider has submitted the following evidence to the Administrator:
        1. Proof of application submission to TCEQ and to include:
          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.
        2. Upon review of this evidence, the Administrator may issue an on-site wastewater facility permit.
    4. Aerobic Treatment Systems. Developments may be approved with individual aerobic treatment systems according to the following criteria:
      1. An individual aerobic treatment system with effluent disposal may be installed to serve an individual residence, commercial or industrial facility if:
        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 Administrator 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.
      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 Administrator:
        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 Administrator may issue a permit for the individual aerobic treatment system.
    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. 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 Administrator and P&Z with final approval from 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 a  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, and conditions established by the City.  
  71. Effective on: 6/22/2021

    Sec. 4-2-14, Open Space and Park Dedication

  72. Applicability.  This Section shall be applicable to all recreational areas in the form of dedicated City and private parks and trail systems linking public areas and subdivisions, as a function of subdivision development within the City and the City's ETJ.  
  73. Design.
    1. Integrated Design. Generally, open spaces shall be integrated into the development design to bring significant open space to a 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 management.
    2. Trails, Drainage Ways, Waterbodies, and Water Courses.  Open spaces shall be designed to provide greenways and riparian areas along drainage corridors, streams, bayous, and water bodies. The landscaping along these linear features shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the proposed development and where applicable, for connection and access for abutting and adjacent developments.
    3. Formal Opens Spaces.  Formal open spaces shall be designed to provide areas of focus within the development. Landscaping, furniture, and amenities for pedestrians shall be installed to enhance this effect.
  74.   Table 4-2-14-1

    Formal Open Space

      Table 4-2-14-1

    Formal Open Space

      Table 4-2-14-1

    Formal Open Space

      Table 4-2-14-1

    Formal Open Space

    1. Dedication of Open Space. The subdivider of a planned residential or mixed-use subdivision shall dedicate the amount of land required by the open space ratio specified in the applicable zoning district in Division 3-1, Lot and Design Standards.
    2. 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.
    3. General Open Space Standards. Open space conveyed to the City in a conventional or planned neighborhood shall meet the standards below.
      1. Public Street Access.  Each park must have ready access to a public street.
      2. Floodplain. A minimum of 50 percent of the dedicated open space within a subdivision shall be outside of the 100-year floodplain. 
      3. Adjacent Streets. Any local street built adjacent to a park shall be constructed to minor and local street standards to ensure access and prevent traffic congestion.
    4. Private Neighborhood Park Land In-Lieu of Dedicated Park Land.   A developer responsible for dedication under this Section may elect to meet the requirements of this Section by the provision of private neighborhood park land. Acceptable private park land shall meet the following criteria:
      1. Accessibility.  The land offered as private neighborhood park land must be open and accessible to all residents of the platted subdivision. Facilities or land reserved for the exclusive use of a portion or subset of the subdivision's residents shall not be considered a park land dedication.
      2. Unencumbered.  Land which is unencumbered by easements, detention areas, lake and drainage channel borders, or other similar characteristics will qualify for full credit as a private neighborhood park land dedication. Land that  has recreation facilities on it such as tennis courts, swimming pools, playing fields, recreation buildings, and any other similar facility also will qualify for full credit. 
      3. Encumbered. Land which is encumbered by easements, detention areas, wetland areas, lake and drainage channel borders, or other similar characteristics shall not qualify for credit as usable park space, unless it contains active uses as outlined below: 
        1. Pipeline or utility easements, or areas along lake borders and drainage ditches shall have: 
          1. Hike, bike, and all-weather paths, landscaping and sodding installed according to the construction standards of the City. Paths must also be connected to recreational areas as part of an open space system; 
          2. An average minimum width of 30 feet and a minimum width of 20 feet; and 
          3. Side slopes not to exceed a three to one ratio, unless otherwise approved by the City. 
        2. Maintenance responsibility for areas offered as private neighborhood park land must be identified with the submission of a preliminary plat.
    5. Additional Requirements.
      1. Private Parks.  Any land dedicated to the City or provided as private neighborhood park land under this division must be appropriate for park and recreation purposes. The City reserves the right to reject any land that it deems as unsuitable for such purposes. 
      2. Drainage Areas.  Drainage areas may be accepted as part of a park if the channel is constructed in accordance with City standards, the land is appropriate for park use, and if no significant area of a park is cut off from access by such channel. 
      3. Public Street Access.  Each park must have access to a public street. 

    Effective on: 6/22/2021

    Sec. 4-2-15, Mapping and Monumentation

  75. Generally. Monuments shall be placed in all new subdivisions in the City limits and ETJ to mark the following:
    1. Lot corners; 
    2. Points of curvature;
    3. Points of tangency;
    4. Reference points;
    5. Street centerlines; and
    6. Where street lines intersect the exterior boundaries of the subdivision.
  76. Monument Requirements. The following applies to artificial monuments to be set:
    1. Materials. Iron rods, three-quarters-inch in diameter and 24 to 30 inches long shall be used.  A copper pin one-quarter-inch in diameter embedded three inches in the monument shall be placed at the exact intersection point on the monument. The monuments shall be set at such an elevation that they will not be disturbed during construction and the top of the monument shall not be less than 12 inches above the finished ground level.
    2. Marks. Marks on existing concrete, stone, or steel surface must consist of drill holes, chisel marks, or punch marks and must be of sufficient size, diameter, or depth to be definitive, stable, and readily identifiable as a survey monument. Marks on asphalt streets may consist of railroad spikes, large nails, “PK nails”, or other permanent metal spikes or nail-like objects.
    3. Stakes. Wooden stakes shall not be set as permanent boundary monuments.
  77. Monument Installation. Monuments must be set vertically integrated whenever possible and the top must be reasonably flush with the finished grade when practical. Monuments subject to damage from earthwork, construction, or traffic should be buried at a sufficient depth to offer protection.
  78. Witness Monuments. When physically impossible to set a monument at the corner, witness monuments shall be set when possible, preferably on each converging line at measured distances from the corner and identified as such in the description and on the plat of the property.
  79. Benchmarking.
    1. When Required. For all subdivisions of five lots or more, a permanent benchmark shall be accurately noted on the subdivision plat and accessibly placed in the subdivision.  The benchmark's location and elevation shall be based on National Geodetic Vertical Datum (NGVD). 
    2. When Not Required. Where no benchmark is required or can be found within 300 feet of the boundary of the subdivision, such benchmarks shall be established to the latest edition of the U.S. Coast and Geodetic Survey datum. The benchmark shall be established upon a permanent structure, or may be set as a monument and shall be readily accessible and identifiable on the ground.
    3. Materials.  Permanent benchmarks shall be brass-capped, set in concrete, with a minimum dimension of six inches in diameter and four feet long with a flat top. The top of the brass monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade stamped with one-half inch number.
  80. Effective on: 6/22/2021

    Sec. 4-3-1, Dedication of Improvements

  81. Generally. This Section applies to dedications of land, public improvements, infrastructure, and related appurtenances, or easements required for the development of property in the City and ETJ.    
  82. Dedication of Land and Public Improvements.
    1. Required.  Dedication shall be required for all public rights-of-way, streets giving access to adjacent lands and adjoining dedicated streets, drainage, and easements.   
    2. Approval. All streets for public use, and all plans, plats, and replats of land laid out in a subdivision or building lots, and the streets, highways, alleys, sidewalks, or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the P&Z and City Council for approval before they are recorded.
      1. Previous approval of a subdivision shall not constitute an acceptance by the City of the roads, streets, alleys, or other public lands as indicated for dedication on the plat.
      2. The dedication of any of these lands for public use of any nature within the City shall be accepted by the City only by specific action of the City Council. 
    3. Form of Dedications. All dedications shall be made by a legal instrument approved by the City Attorney. Other dedications shall be shown on the site plan or plat unless the City determines that another form of dedication (e.g., a recorded easement) is more appropriate.
    4. Open Space Parcels. Land areas that are used to satisfy open space ratio requirements for planned and mixed-use developments shall be shown as separate parcels on plats. The open space parcels shall be restricted to open space uses by plat restrictions or separately recorded covenants, conditions, and restrictions.
    5. School SitesSites that are used to accommodate any proposed new school facilities shall be shown as separate parcels on plats.  
    6. Method of Dedication. Dedication of public facility sites and land areas shall be made at the time of final platting in one of any combination of the following ways:
      1. By dedicating to the City, in fee simple, on the final plat; or
      2. By granting the land areas in fee simple on general warranty deeds to the City. 
    7. Effective on: 6/22/2021

      Sec. 4-3-2, Guarantees

    8. Guarantee of Performance. With the exception of a permit necessary for the construction of required improvements, the City shall not issue any building, electrical, mechanical, plumbing, certificate of occupancy, or any other permit until such as time as the applicant has: 
      1. Constructed required improvements and the City Council has accepted such required improvements; 
      2. Filed a corporate surety bond with the City executed by a surety company licensed to do business in the state and acceptable to the City Council, in an amount equal to 120 percent of the estimated cost of required improvements determined by the Administrator computed on a private commercial rate basis guaranteeing the installation of such required improvements by the applicant within the time stated in the bond, which time shall be fixed by the City Council; or
      3. Opened an escrow account sufficient to pay for 120 percent of the estimated cost of required improvements as determined by the Administrator computed on a private commercial rate basis and the applicant provides to the City evidence of such escrow account.  Additionally, the applicant shall:
        1. Enter into a written agreement with the City by which the applicant authorizes the City to make such improvements at prevailing private commercial rates or have the same made by a private contractor and pay for the same out of the escrow account should the applicant fail or refuse to install the required improvements within the time stated in such written agreement; 
        2. Upon written approval of the Administrator that the applicant has made required improvements, the applicant may draw upon the escrow account so long as sufficient funds remain in the escrow account to complete any required improvements not yet constructed; and
        3. Any and all funds remaining in the escrow account after completion of improvements and acceptance of all such improvements by the City Council shall be promptly released by the City to the applicant. 
    9. Guarantee to Ensure Required Amount of Common Open Space.  Should a developer request that the first portion of a proposed development that will be submitted in accordance with Sec. 4-2-9, Development Phasing, have less common open space than a second or subsequent portion, then said developer shall be required to file a bond, certificate of deposit, letter of credit, or the equivalent for 120 percent the value of the lost common open space. Additionally, this guarantee will cover the cost of any proposed recreational facilities and improvements to be provided in any subsequent phases of development.
    10. Effective on: 6/22/2021

      Sec. 4-3-3, Acceptance

    11. Procedure for Acceptance.
      1. Required Documents. When construction of the required improvements is complete, the subdivider's licensed professional engineer shall notify the Administrator and request an inspection of the work. The following documents shall be submitted for review and approval prior to the scheduled inspection date:
        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.
      2. Initial Inspection. The City shall inspect the improvements and issue a punch list of any deficiencies.
      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 applicable federal, state, county, and 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. 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.
      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.  
      5. Preliminary Acceptance. After all deficiencies have been corrected and a final inspection has been completed, the Administrator shall issue a recommendation to the City Council for the acceptance of the improvements. 
      6. Rejection. If the Administrator rejects the improvements and if the subdivider fails to remedy all noted deficiencies, the City Attorney shall proceed to enforce the performance bond. The Administrator shall not preliminarily accept any further improvements until the subdivider remedies all noted deficiencies.
      7. City Council Acceptance. Upon recommendation by the Administrator, the City Council shall accept, accept with conditions, or reject the improvements into the city maintenance system.
    12. Release of Financial Guarantee. The City Attorney shall release the performance bond when all applicable public improvements are accepted into the City maintenance system.
    13. Effective on: 6/22/2021