Effective on: 8/9/2022

Figure 5.202-1, Street Connectivity and Access Points
Lower Connectivity	Higher Connectivity

Figure 5.202-1, Street Connectivity and Access Points
Lower Connectivity	Higher Connectivity

Figure 5.202-1, Street Connectivity and Access Points
Lower Connectivity	Higher Connectivity

Figure 5.202-1, Street Connectivity and Access Points
Lower Connectivity	Higher Connectivity

3. C.
   Traffic Safety. The City Engineer may require a traffic study to determine the impact of the proposed development on existing infrastructure. The study must be performed by a licensed professional engineer qualified to perform such work. Based on the findings, off-site improvements or modifications to the project's design may be required in order to address identified demands of the proposed development. Such improvements or modifications may include, but are not limited to, traffic signal installations, additional signage, pavement markings, access control structures, deceleration lanes, or modification of access locations. 
4. D.

   Areawide Conceptual Circulation Plan.

   1. 1.
      General. To enhance connectivity within superblocks, to provide a choice of travel routes, to reduce traffic conflicts and vehicle miles traveled, and to promote coordination among property owners with respect to the ultimate development and alignment of collector and minor streets, the City shall develop an Areawide Conceptual Circulation Plan when development occurs in an area for which plans for local circulation have not yet been developed. The area that is subject to the plan shall be bounded on all sides by arterial or collector streets (a "superblock"), waterways, irrigation canals or other similar boundaries.
   2. 2.
      Content. The Areawide Conceptual Circulation Plan shall identify desired collectors or streets within a superblock, areas for marginal access or reverse frontage roads, and preferred intersection locations. The Areawide Conceptual Circulation Plan shall be based on the adopted thoroughfare plan and policies of the Comprehensive Plan, property maps, zoning, and topographic and alignment information.
   3. 3.
      Criteria. The following criteria shall be used in developing the Areawide Conceptual Circulation Plan:

      1. a.
         Collector streets shall serve only the superblock and not provide alternative or cut-through routes for regional or City-wide traffic. Where superblocks are too large, new collector alignments may be designated. Where new collectors are designated, they should be extensions of existing collectors or be designed to be extended through several superblocks.
      2. b.
         Where possible, collectors shall be located:

         1. i.
            on the superblock's largest parcels; or
         2. ii.
            along parcels where the cost can be distributed among several landowners.
      3. c.
         Parallel access shall be used where providing individual access to small parcels would create adverse safety conditions due to frequent access on arterial or collector roadways.
      4. d.
         Half constructed streets and boundary streets shall be used sparingly and only where parcel size, shape, or configuration would result in inefficient development by requiring other types of street patterns.
      5. e.
         The plan shall be sensitive to natural resources and topography.
      6. f.
         The plan shall include quarter-section streets where practicable.
   4. 4.
      Effect. Subdivision streets design and layout shall be consistent with the Areawide Conceptual Circulation Plan. 
5. E.

   Functional Classification.

   1. 1.
      Functional Classifications. As set out in the Comprehensive Plan, there are six functional classifications for streets. For the purposes of this Code, the "highest" classification is Freeway, and the "lowest" classification is Minor Street. The functional classifications are:

      1. a.
         Freeway;
      2. b.
         High-speed principal arterial;
      3. c.
         Principal arterial;
      4. d.
         Minor arterial;
      5. e.
         Collector; and
      6. f.
         Minor street.
   2. 2.
      Method of Classification.

      1. a.
         Streets and highways shall be classified according to their intended function, consistent with the adopted thoroughfare plan, as amended from time to time.
      2. b.
         Road classifications shall anticipate long-term growth prospects so their functional capacity is not undersized in the early development stages
      3. c.
         Other classifications shall be in accordance with the Areawide Conceptual Circulation Plan, developed in accordance with Subsection C, Areawide Conceptual Circulation Plan.
6. F.
   Performance Standards For Residential Streets.

   1. 1.
      General. Streets shall be designed in accordance with Section 5.204, Construction Standards, and the Edinburg's Engineering Standards Manual.
   2. 2.
      Floodplain Areas. In floodplain areas, narrower rights-of-way may be approved and drainage accomplished in a manner that provides for the minimum width, while accommodating the stormwater movement. The City Engineer or a designee shall assist in developing a cross-section that minimizes environmental impact.
   3. 3.
      Traffic Calming Standards. Straight sections of residential streets of a length greater than 500 feet shall require the installation of traffic calming devices (see Subsection J, Traffic Calming).
   4. 4.
      Stormwater. Where a curb is designated, an enclosed stormwater conveyance system shall be included. On roads without curbs, natural stream channels or ditch drainage shall be used, unless they are unacceptable to the City Engineer due to capacity, environmental sensitivity, topography or other feature of the land.
   5. 5.
      On-Street Parking. On-street parking requirements are outlined in Division 4.100, Parking and Loading.
   6. 6.
      Mid-Block Pedestrian Connections. Mid-block connections in the form of public access easements and walkways shall be provided along long blocks to establish linkages between blocks and, particularly, to common facilities, such as parks and open areas. 
7. G.

   Private Roads. Private roads shall be permitted in accordance with this Section.

   1. 1.
      Private Subdivisions. Private roads may be developed if all of the following are demonstrated:

      1. a.
         Access shall meet the City's right-of-way standards, shall be accessible to general traffic circulation, delivery of City services, and emergency responders.

         1. i.
            All residential development shall provide a minimum number of access points as follows:

            1. 1.
               Less than 60 dwelling units: 1 access point
            2. 2.
               60 to 120 dwelling units: 2 access points
            3. 3.
               More than 120 dwelling units: 2 access points, plus 1 access point per 60 units in excess of 120.
         2. ii.
            The number of required access points may be reduced for multifamily development if it is demonstrated to the City Engineer that the access that is provided:

            1. 1.
               Is adequate to ensure adequate delivery of City services and emergency response; and
            2. 2.
               Provides for safe and efficient traffic circulation.
         3. iii.
            The City Engineer may require an increased number of access points if, due to unusual characteristics of a site or adjacent streets, such additional access is necessary to ensure safe and adequate sanitation, public school transportation, and emergency response.
         4. iv.
            The access points shall be distributed in such a manner to connect to separate streets whenever possible to reduce traffic impacts to adjoining thoroughfares.
      2. b.
         The private subdivision does not materially interfere with circulation within a superblock. Roads designated as collectors or arterials or their extensions may not be closed to public access. Nor shall a closure interfere with the implementation of:

         1. i.
            An areawide conceptual circulation plan;
         2. ii.
            The future development of 1/4 mile streets;
         3. iii.
            The City Thoroughfare Plan; or
         4. iv.
            The Hidalgo County Metropolitan Planning Organization (MPO) Thoroughfare Plan.
      3. c.
         Where there are subdivisions with stub streets that can be connected so that circulation can occur within the superblock rather than being forced onto collectors or arterials, a gated private road shall not be permitted.
      4. d.
         The private development does not obstruct any existing or planned pedestrian circulation system or bicycle path, or access to any public park or school by forcing pedestrians out to collector or arterial roads, or by increasing trip length by more than 660 feet or 10 percent, whichever is less.
      5. e.
         The private development is restricted to residential use. Planned development with approved, community-serving retail or other employment generating uses shall provide unrestricted public access to those uses, but may restrict access to recreational uses to residents only.
      6. f.
         The boundaries of the private development are natural features, drainageways, existing recreational areas or schools, or utility easements, such that it is difficult or undesirable to extend the street network beyond the private subdivision.
      7. g.
         The community is gated with access restricted in accordance with the standards in this Code.
   2. 2.
      Rural Subdivisions and Staged Subdivisions. Rural subdivisions and staged subdivisions shall provide access, but the streets shall remain private until the residual development occurs and the road is improved in accordance with this Code.
   3. 3.
      Standards for Private Roads.

      1. a.
         Private roads shall be constructed to the same standards as public streets.
      2. b.
         The widths of the easements for private roads shall be established at the same width as would be required for public street rights-of-way.
      3. c.
         Permits and inspections that are required for construction of private roads shall be processed in the same manner as those for public streets.
      4. d.
         Police, fire, sanitation, and other public vehicles shall be provided access. Access control devices shall meet regulations adopted by the City, including redundancy requirements. The description and specifications for the access control devices shall be submitted for approval with the final plat. The developer shall provide to the city all equipment necessary to operate the access control devices, as determined by the City and at no cost to the City.
      5. e.
         Gates shall be of breakaway construction to allow for emergency passage of first-responder vehicles without damage to the vehicles.
      6. f.
         An entry turnaround shall be provided between the gatehouse and the public street.
      7. g.
         Guard houses and controlled access gates are set back at least 70 feet from projected public rights-of-way in accordance with the City's thoroughfare plan and Engineering Standards and shall provide access that is at least 18 feet in width and 14 feet in height. Clearance for construction equipment on trailers may be higher. More than 40 feet of setback may be required where the road serves more than 160 units, or it is demonstrated that the inbound traffic volume exceeds 120 vehicles per hour in the peak hours.
      8. h.
         The private street between the guard house and the public street shall be located on an easement that is a minimum of 65 feet wide from entry to first intersection within the subdivision. The private street easement may then be 60 feet wide. Pavement width shall be 60 feet in width at the guard house and gate and then may be 36 to 40 feet in width after the first intersection as determined by the Director of Public Works.  
   4. 4.
      Required Covenants, Easements, and Plat Notations.

      1. a.
         All subdivision or land development plats, deeds, and covenants or restrictions shall indicate that the City will not accept a private road except:

         1. i.
            Upon a 51 percent vote of the development's landowners;
         2. ii.
            Documentation that the road, including drainage, is up to public road standards is provided to the City by a licensed professional engineer on behalf of the owners of the subdivision. Acceptance of a private road not meeting City standards may subject the property owners to a tax assessment or other payment to upgrade the road to City standards.
         3. iii.
            Gates and gatehouses or security stations are removed or reused for a permitted purpose, as applicable, in conformance with this Code;
         4. iv.
            The subdivision plat is re-filed as a replat, dedicating the public streets and removing required annotations for a private subdivision, and approved by the City as provided in Division 9.600, Subdivision Application Review Procedures;
         5. v.
            The homeowners' association documents are appropriately amended and recorded;
         6. vi.
            The homeowners' association delivers to the City its reserves that are earmarked for road maintenance; and
         7. vii.
            The subdivision is re-platted with the streets dedicated for public use.
      2. b.
         Easements shall be provided for utilities and for access by police, emergency service, postal and delivery services, and, if necessary, school bus service.
      3. c.
         Setbacks from private roads shall be measured in the same manner as setbacks from public streets.
      4. d.
         A homeowners' association shall be established in accordance with Sec. 5.102.G, Homeowners' Associations.   
      5. e.
         The plat shall contain an annotation in a form approved by the City Attorney that releases the City from all liability for damage that may be caused to the private streets, alleys, or security stations by the reasonable use of or access to said streets, alleys, or security stations for public purposes, including school busing, deliveries, law enforcement, utility maintenance, and emergency response.
      6. f.
         The plat shall contain an annotation of the recorded dedication instrument. 
   5. 5.
      Relationship to Other Sections of this Code.

      1. a.
         As applicable, reimbursement fees will be required as per the City of Edinburg utility reimbursement policy.
      2. b.
         Off-site improvements or escrows apply shall apply to private street developments.
      3. c.
         Park Land Fees shall apply to private street developments.
      4. d.
         All private street easements shall be treated as public street rights-of-way for purposes of determining compliance with the set back, lot frontage, and other requirements of this Code that relate to the relationship between development and the adjacent street.
   6. 6.
      Connection of City Utilities. City utilities shall not be connected until the City Engineer has certified that the streets have and utility lines been constructed to City standards. 
8. H.
   Cul-de-Sacs.

   1. 1.
      General. Cul-de-sac streets should be carefully managed to ensure they are not over-used, which will help to maintain connectivity.
   2. 2.
      Where Permitted. Cul-de-sac streets may be used subject to the following standards:

      1. a.
         Natural resources, such as floodplains or open space, or irrigation district canals make standard blocks inefficient;
      2. b.
         Cul-de-sac streets shall be a maximum of 1,200 feet in the RS district and otherwise 1,000 feet in length; and
      3. c.
         The pedestrian circulation system provides for direct, non-vehicular access between cul-de-sac ends where:

         1. i.
            Two lots or fewer are situated between them; and
         2. ii.
            The distance between them, measured along street centerlines, is more than 650 feet.
   3. 3.
      Dimensional Standards. All cul-de-sacs shall be designed in accordance with Appendix D of the 2018 International Fire Code to permit vehicles to turn around without backing, except on private roads serving less than five lots. Cul-de-sacs shall have minimum radii of 55 feet to the property line and 48 1/2 feet to the back of curb. 
   4. 4.
      Islands or Planters. An unpaved island may be provided at the center of the turnaround provided that:

      1. a.
         The island is surrounded by a mountable curb;
      2. b.

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

      3. c.

         Landscaping or other elements located in the island do not interfere with the standards in Subsection K, Sight Distance Requirements, below; 

      4. d.

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

      5. e.

         The island is owned and maintained by a homeowners' association. 

9. I.

   Alleys.

   1. 1.
      General Arrangement and Layout. Alleys may be provided within a subdivision plat, development plat, or site plan to provide primary or secondary vehicular access to lots and uses. Alleys may not provide any access to property outside the boundaries in which the alleys are dedicated. 
   2. 2.
      Right-of-Way Width. Alleys shall be 20 feet wide, with an 18-foot paved width.
   3. 3.
      Alley Intersections and Curves. Alleys should intersect streets at right angles. The intersection of a street and an alley should be constructed as a standard approach. A minimum curb radius of 30 feet to the inside edge of the alley paving shall be provided at intersections between alleys, and the additional area shall be platted as part of the alley.
   4. 4.
      Turnouts. Alley turnouts shall be paved to the property line with turnouts not less than 20 feet wide. At alley turnouts, the distance of the alley right-of-way to any gate, building, or garage opening shall be at least 20 feet.
   5. 5.
      Alley Length. Alleys shall be the same length as the blocks that provide frontage to the lots that the alleys serve, with minor variation permitted to account for curvature of intersecting streets.
   6. 6.
      Dead-End Alleys. No dead-end alley or cul-de-sac alley shall be permitted. 
10. J.

    Intersections and Street Offsets.

    1. 1.
       Design. The intersection of more than two streets at one point is prohibited. Streets shall intersect one another at approximately a 90 degree angle and no intersection of streets at angles less than 75 degrees shall be approved, as depicted in Figure 5.202-2, Prohibited Street Angle.
    2. 2.
       Offset.

       1. a.
          Offset street intersections shall be separated by a minimum centerline to centerline offset dimension of 150 feet.
       2. b.
          The centerline to centerline distance may be reduced to no less than 75 feet if the City Engineer finds that the proposed offset will provide for comparable safety and efficiency of traffic movement, taking into consideration the existing and planned functional classification of the streets.
    3. 3.
       Angle. The angle of intersections may vary upon approval of the Planning and Zoning Commission giving due regard to terrain, sight distances, and safety. In the extraordinary circumstance where an acute angle intersection is approved, a curb radius of at least 25 feet at the acute corner shall be provided. 

Figure 5.202-2 Prohibited Street Angle

9. I.
   Medians and Entrance Ways.

   1. 1.
      Use and Beautification of Medians. Medians that are part of a dedicated public right-of-way may not be utilized for any purpose other than by the City or a public utility. However, a subdivider or other entity may beautify a median with landscaping with the approval of the Administrator and/or Planning and Zoning Commission, provided that:

      1. a.
         It does not interfere with existing or proposed public utilities;
      2. b.
         It conforms to the sight distance requirements of Subsection K, Sight Distance Requirements; and
      3. c.
         The applicant has submitted documentation with regard to the entity that will have permanent responsibility for maintenance of and liability for such improvements.
   2. 2.
      Subdivision Entranceways.  Subdivision entranceways that have a local or collector street intersecting with an arterial street, or a street of higher functional classification, shall be designed at a minimum of 80 feet in width by 140 feet in length. Such entranceway shall accommodate one entrance and two exit lanes. Gatehouses or architectural features that highlight the entrance are permitted in the median of a subdivision entranceway that meets these specifications.
10. J.

    Traffic Calming.

    1. 1.
       Where Required. Traffic calming measures may be required on minor streets and residential collector streets that:

       1. a.
          Serve 92 or more residential units (or are otherwise demonstrated to carry volumes of traffic in excess of 100 vehicles per hour during peak hours), and have a straight or relatively straight alignment for a distance of 500 feet or more; or
       2. b.
          Are configured or connected is such a way that they are likely to be attractive as a short cut to avoid congested intersections or difficult turn movements.
    2. 2.
       Traffic Calming Options. Traffic calming options that may be required by the City are illustrated in Figure 5.202-3, Traffic Calming Improvements. They include:

       1. a.
          Intersection throttling curbs.
       2. b.
          Islands at intersections.
       3. c.
          Pavement changes.
       4. d.
          Elevated pedestrian crossings.
       5. e.
          Islands in straight sections.
       6. f.
          Interruptions in parking lanes.
       7. g.
          Altering of the curve radii to preserve large trees
       8. h.
          Pavement color change
       9. i.
          Pavement material change

Figure 5.202-3 Traffic Calming Measures
Intersection Throttling Curbs	Islands at intersections
Pavement Changes	Elevated Pedestrian Crossings
Intersection Diverter	Interruptions in Parking Lanes
Altering of the curve radii to preserve large trees	Pavement Color Change
Pavement Material Change

11. K.
    Sight Distance Requirements​

    1. 1.

       Required sight distance triangle. Within the triangular area formed by the right-of-way lines of intersecting streets and a line connecting points 25 feet on either side of such intersecting rights-of-way, including triangles formed from centerlines of driveways, there shall be clear space and no obstruction to vision.

    2. 2.
       Sight distance triangle to be kept free of obstructions. No person shall place or maintain any structures, fences, landscaping, or other objects within any sight distance triangle that obstructs or obscures site distance visibility by more than 25 percent of the area between the ground and eight feet, except for the following:

       1. a.
          Landscaping, structures, or fences that protrude no more than 30 inches above the adjacent roadway surface may be permitted within the sight distance triangle.
       2. b.
          Trees may be planted and maintained within the sight distance triangle if all branches are trimmed to maintain a clear vision for a vertical height of 96 inches above the roadway surface and the location of the trees planted, based on the tree species' expected mature height and size, does not obstruct sight visibility by more than 25 percent of the site distance triangle area.

Figure 5.202-4 Site Distance Triangle

12. L.
    Traffic Impact Analysis. A Trip Generation Worksheet or a Traffic Impact Analysis may be required for certain subdivisions according to the City's Engineering Standards Manual.  

Effective on: 8/9/2022

Figure 5.203-1 Sample Right-of-Way Cross-Section

Figure 5.203-1 Sample Right-of-Way Cross-Section

Figure 5.203-1 Sample Right-of-Way Cross-Section

Figure 5.203-1 Sample Right-of-Way Cross-Section

Effective on: 8/9/2022

Effective on: 8/9/2022

2. B.
   Location. Streetlights shall be installed at all intersections, at cul-de-sacs, and at such other locations as deemed necessary within the proposed subdivision and adjacent subdivisions. The cost of streetlight improvements within such areas is to be incurred by subdivider or developer.
3. C.
   Existing Streetlights. Existing streetlights shall be upgraded to the appropriate luminary level reflective of the public street's classification during the platting review and approval process and at the building permit issuance stage.
4. D.
   Solar-Powered Street Lights.  The subdivider is encouraged to coordinate with the electrical utility provider to make use of solar-powered street lights where agreeable to the utility provider and the City.   

Effective on: 8/9/2022

Figure 5.206-1 Block Length

Figure 5.206-1 Block Length

Figure 5.206-1 Block Length

Figure 5.206-1 Block Length

3. C.
   Block Width. Blocks should be such width as will provide two tiers of lots, except where reverse frontage lots are located along an arterial or collector street or where such an arrangement is prevented by the size or other inherent site conditions of the property. 
4. D.
   Block Length and Width Variations. The City Engineer may approve a block length or width that is longer or wider than permitted if the subdivider provides adequate justification and design measures to offset the additional length. The City Engineer may refer the request to the Planning and Zoning Commission. 
5. E.

   Nonresidential Blocks. Blocks for commercial and industrial areas may vary from the elements of design contained in this Section if the nature of the use requires other treatment. See Figure 5.206-2, Nonresidential Blocks. In such cases, safe and convenient access to the street system shall be required. Space for off-street parking may also require similar access for employees and customers. Extension of streets and utilities shall be provided, as necessary.

Figure 5.206-2 Nonresidential Blocks

6. F.

   Block or Cul-De-Sac Length Alternative Compliance. The maximum length of blocks or cul-de-sacs is set to provide connectivity between adjoining parcels as they develop separately over time. There are conditions that can exist that warrant longer lengths. Any modulation of the lengths shall meet the criteria below. Maximums shall not exceed those in Paragraphs 2 and 3 below, as measured on both sides of the street.

   1. 1.
      Criteria. The following criteria shall be met in granting a modulation:

      1. a.
         Existing Stubs. If the neighboring property has provided a stub to the subject property, the connection shall be made unless there is a high-quality wetland that would have to be destroyed to make the connection.
      2. b.
         Floodplain Preservation. A connection would result in floodplain being filled to a greater extent than provided by Division 6.100, Flood Damage Prevention.
      3. c.
         Major Cost. If there would be a major cost involved, such as a bridge over an irrigation canal, and the Planning and Zoning Department believes a connection is not needed at this location to provide good connectivity, then the modulation shall be permitted. If there is a stub on the other side, the City may require a pedestrian bridge to improve access.
   2. 2.
      Blocks. The blocks should not, in most instances, exceed the maximum lengths established in this Section. 
   3. 3.
      Cul-de-Sacs. Cul-de-sac length shall not exceed 24 lots per cul-de-sac.
7. G.

   Intersections. Intersections may be permitted closer than the 300-foot centerline distances where:

   1. 1.
      Short Block Depth. The depth of a block is less than these distances. An exception shall be granted unless a reasonable alternative street configuration exists which will provide the needed separation; or
   2. 2.
      Land Form. Topographic, natural resource, or ownership problems make providing the separation impractical or undesirable; or
   3. 3.
      Safety. A narrower distance may be permitted where the City determines the shorter distance results in safer conditions based on sight distances. 

Effective on: 8/9/2022

2. B.
   Degree of Compliance. If the width of a lot or other constraint prevents an individual access from being compliant with Subsection G, Access Spacing and Corner Clearance, then common access shall be provided via joint access and/or cross-access easements. Even if common access does not achieve compliance with Subsection G, Access Spacing and Corner Clearance, it shall be utilized if it creates a wider spacing between access points than would be provided in the absence of common access.
3. C.
   Alternative Access for Corner Lots. Lots that abut intersections of arterial streets and minor streets shall take access from the minor street if the access meets the corner clearance requirements of Subsection G, Access Spacing and Corner Clearance.
4. D.
   Timing of Compliance with this Section.

   1. 1.
      New development and subdivision shall demonstrate compliance with this Section for each required development approval.
   2. 2.
      Properties with access connections that do not meet the requirements of this Section shall be brought into compliance to the greatest extent possible when modifications to the roadway are made or when a change in use results in one or more of the following conditions:

      1. a.
         A connection permit is required.
      2. b.
         Site plan review or development plat is required.
      3. c.
         The site experiences an increase of 20 percent or greater in peak hour trips or 100 vehicles per hour in the peak hour, whichever is less, as determined by one of the following methods:

         1. i.
            An estimation based on the Institute of Traffic Engineers Trip Generation manual (latest edition) methodology for typical land uses, or 
         2. ii.
            Traffic counts made at similar traffic generators located in the City of Edinburg, or
         3. iii.
            Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.
   3. 3.
      If the principal activity on a parcel with access connections that do not meet the regulations of this Section is discontinued for a period of one year or more, then upon establishment of any use, the parcel must comply with all applicable access requirements of this Section to the extent possible.
5. E.
   Application to State Streets. The standards of this Section shall apply equally to streets operated by TxDOT upon execution of an agreement between the City and TxDOT delegating the TxDOT access permitting process to the City. In the absence of such an agreement, TxDOT shall retain the responsibility for access permitting on TxDOT operated streets.
6. F.
   Minimum Arterial Frontage.  

1.  
   1. 1.
      Generally. In general, the minimum arterial frontage that is required of lots that take direct access from an arterial of any type shall not be less than that shown in Table 5.208-2, Minimum Arterial Lot Frontage. No new lots shall be created that have less frontage than set out in Table 5.208-2, Minimum Arterial Lot Frontage, unless the subdivider provides for common access as set out in Subsection I. 

1.  
   2. 2.
      Increased Frontage Requirement. A greater lot frontage may be required for driveways greater than 25 feet or development that requires more than one access connection to the arterial.
   3. 3.
      Decreased Frontage Requirement. A lesser lot frontage may be provided for lots with common access easements and shared access driveways, provided that the standards of Subsection G, Access Spacing and Corner Clearance, are met, and legal instruments are recorded as provided in Subsection I, Common Access and Internal Cross Access.

7. G.
   Access Spacing and Corner Clearance.

8.  
   1. 1.
      Minor Streets and Collectors. There shall be a minimum spacing between the near edges of adjacent access points on minor streets and collectors as set out in Table 5.208-3., Access Spacing, Minor Streets and Collectors.

8.  
   2. 2.
      Arterials.  There shall be a minimum spacing between the near edges of adjacent access points om arterials, as set out in Table 5.208-4, Access Spacing, Arterials. Arterials that are subject to this Subsection are identified in Figure 4.2, Thoroughfare Plan, of the Comprehensive Plan, as such figure may be amended from time to time.

8.  
   3. 3.
      Frontage Roads. There shall be a minimum spacing between the near edges of adjacent access points on expressway frontage roads as set out in Table 5.208-5, Access Spacing, Frontage Roads.

8.  
   4. 4.
      Access Spacing, Opposite Sides of Street. In order to prevent conflicting left-turn movements, connections on opposite sides of the street shall be directly opposite each other or offset by a distance of at least 75 feet, unless a median prevents the potential conflicts.
   5. 5.
      Measurement of Access Spacing. The minimum spacing requirements of this Section are measured along the edge of the travel way, from the closest edge of pavement of the first access connection to the closest edge of pavement of the second access connection, including corner clearance, as illustrated in Figure 5.208-1, Measurement of Access Connection Spacing. Access points include streets, alleys, driveways, and service roads.

Figure 5.208-1 Measurement of Access Connection Spacing
Figure Notes: A = Access connection packing | B = Edge of Pavement

8.  
   6. 6.
      Corner Clearance.

      1. a.
         For all uses located on corner lots, there shall be a minimum clearance between the near edge of the nearest access point and the property corner at street intersections. A minimum tangent length of five feet shall be required between the curb return and the property line extended, and no access point shall interfere with fire hydrants, storm inlets, or other curb frontage improvements. The minimum clearances are set out in Table 5.208-6, Corner Clearance, City Streets. However, for streets under the jurisdiction of TxDOT, corner clearance shall meet the requirements of Table 5.208-4, Access Spacing, Arterials.

8.  
   6.  
      2. b.
         If the dimensions of an existing lot and the absence of a reasonable opportunity for shared access make compliance with Paragraph 6.a. impractical, then right-in, right-out access may be permitted at the farthest available point away from the intersection. For example, a light automobile service use (e.g., a gas station) that cannot establish shared access with neighboring properties may be permitted to have 2 right-in, right-out access points (1 on each frontage), provided that they are located as far away from the intersection as possible.
   7. 7.
      Distance from Stop Signs. There shall be a minimum spacing of 30 feet between the nearest edge of a residential driveway and a stop sign that is on the same side of the street as the driveway.    

8. H.
   Access Dimensions. 

1.  
   1. 1.
      General. The dimensions of access points are based on the peak hour trip generation volume of the uses to which access is to be provided. Peak hour trips may be allocated to one or more proposed access points. A qualified engineer shall provide the calculations for peak hour trip generation and assignment to proposed access points. However, the low impact uses described in Paragraphs 2 and 3, below, are not required to provide calculations by an engineer with respect to trip generation and assignment.
   2. 2.
      Single-Family, Twin Home, and Duplex Lots. Each lot that contains a single-family, twin home, or duplex shall have no more than two driveways along any street frontage. Driveway width shall not exceed the width set out in Table 5.208-7., Maximum Width of Access.

1.  
   3. 3.
      Low Volume Presumption. The following uses are presumed to required only a single Low Volume as described in Table 5.208-8., Access Standards, General, or, if located within the Downtown (DT) or Urban University (UU) district, Table 5.208-9., Access Standards, Urban Areas, and shall not require additional analysis for so long as the conditions of this Subsection are met.

      1. a.
         All residential development of less than 50 units which is not of a type that is subject to Subsection A.
      2. b.
         All nonresidential development, except light automobile service, in which less than 5,000 square feet of floor area is served by the access point.
   4. 4.
      Standard Dimensional Requirements.

      1. a.
         In all districts except Downtown (DT) and Urban University (UU), the access standards of Table 5.208-8., Access Standards, General apply.

1.  
   4.  
      2. b.
         In the Downtown (DT) and Urban University (UU) districts, the access standards of Table 5.208-9, Access Standards, Urban Areas apply.

1.  
   4. 4.
      Measurement of Reservoir. Generally, the reservoir indicated in Tables 5.208-8 and 5.208-9. is measured from the property line to the edge of the first parking space or aisle. However, the reservoir may be measured from the edge of pavement of the adjacent street if it is demonstrated that:

      3. c.
         Measurement from the edge of pavement allows for an improved site design; and
      4. d.
         It is not anticipated that the adjacent street will be widened for at least 25 years.
   5. 5.
      Peak Hour Volume in Excess of 500 Trips. If the peak hour volume of an individual access point exceeds 500 trips, the access point shall be designed as a street intersection. Further access to lots or parking areas shall be evaluated according to the standards of this Section(e.g., the corner clearance standard will apply to the distance from the intersection to the first internal access connection, and the reservoir standard will apply to the distance between the connection and the first parking space).

9. I.
   Common Access and Internal Cross Access.

1.  
   1. 1.
      Separate Ownership; No Common Plan of Development. Where adjacent properties are separately owned and not part of a common plan of development, as depicted in Figure 5.208-2, Cross Access and Shared Access, the City may require common access or internal cross access as the parcels are developed, substantially improved, or redeveloped. As such, an applicant may be granted temporary individual access if:

      1. a.
         The applicant demonstrates that a reasonable offer with regard to cross-access was refused by the adjacent landowner; and
      2. b.
         The applicant records a covenant acceptable to the Administrator to ensure that the connection will be provided and access will be consolidated upon the earlier of:

         1. i.
            Approval for 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. ii.
            The applicant's parcel and the adjacent parcel coming under common ownership; and
      3. c.
         The applicant demonstrates that the proposed temporary access will not materially affect the safe and efficient flow of traffic.
   2. 2.
      Common Ownership or Common Plan of Development. Phased development, development sites under the same ownership, or development sites that are consolidated for the purposes of development and comprised of more than one building are considered unified parcels. Unified parcels shall provide access as follows:

      1. a.
         The number of connections permitted shall be the minimum number necessary to provide reasonable access to the overall site and not the maximum available for the site's frontage
      2. b.
         Access to outparcels shall be internalized using the shared circulation system and designed to avoid excessive movement across parking aisles or queuing across surrounding parking and driving aisles.
   3. 3.
      Terms. The City may require that common and cross access easements include one or more of the following:

      1. a.
         A continuous drive extending the entire length of each block it serves or at least 1,000 feet of linear frontage along a thoroughfare, whichever is less.
      2. b.
         Sufficient width to accommodate a two-way access between properties, designed to accommodate automobiles and service and loading vehicles.
      3. c.
         Stub-outs and other design features to allow abutting properties to be tied in to provide future cross access.
      4. d.
         Linkage to other cross access drives in the area.
      5. e.
         Common access, internal cross access and driveway entrance improvements for non-residential developments shall be made prior to the recording of a subdivision plat.
   4. 4.
      Approval and Recording of Easements.

      1. a.
         Access that is shared by adjacent properties, whether under single or separate ownership, requires that an appropriate legal instrument to ensure continued shared access be approved by the Administrator, or designee, and recorded in the public records of Hidalgo County at the applicant's expense. The recorded book and page number shall be referenced on any subsequent subdivision plats of the property.
      2. b.
         If there is an existing shared access for which there is no recorded legal documentation, such documentation shall be executed and recorded as provided in Paragraph a., above.

Figure 5.208-2 Cross Access and Shared Access
FIGURE NOTES: A = Shared Access | B = Cross Access | C = Closed Temporary Individual Access

10. J.
    Number of Access Points.

1.  
   1. 1.
      General. 

      1. a.
         Generally, the maximum number of access points allowed will be the smallest number of access points that are necessary to accommodate the peak hour demands of the site. For example, if a use in the CG District generates 300 peak hour trips (see Table 5.208-9, Access Standards, Urban Areas), then it would be served by one High Volume access point, not six Low Volume access points
      2. b.
         The maximum number of access points may be increased if:

         1. i.
            The lot fronts on an arterial and one or more side streets of lesser functional classification;
         2. ii.
            Access to the site will be provided from the streets of lesser functional classification; and
         3. iii.
            The total number of access points along the arterial frontage is reduced.
   2. 2.
      Limitation. Nothing in this Section supersedes the other access management requirements of this Section.

11. K.
    Modification of Access Management Requirements. Access management requirements may be modified as provided in this Subsection.
12.  
    1. 1.
       Reduction of Spacing Requirements. The spacing requirements of Subsection G, Access Spacing and Corner Clearance, may be reduced in any of the following circumstances:

       1. a.
          Spacing may be based on an assessment of the individual safety and operational considerations of the proposed connection if current average daily trip volume on the segment of the arterial upon which the proposed development fronts is below 2,000, and it is demonstrated that there is little, if any, potential for development within 25 years that would raise the ADT to more than 2,000.
       2. b.
          Where adequate access connection spacing cannot be achieved, the City may permit lesser spacing when shared access is established with an abutting property. A shared access agreement shall be executed and recorded as provided in Subsection I, Common Access and Internal Cross Access.
       3. c.
          Where no other alternatives exist, construction of an access connection may be allowed along the property line farthest from the intersection or closest access. To provide reasonable access under these conditions but also provide the safest operation, consideration should be given to designing the driveway connection to allow only the right-in turning movement or only the right-in/right-out turning movements if feasible. In such a case, the applicant shall demonstrate that:

          1. i.
             The inability to meet the access spacing requirements was not due to the owner subdividing the property after the effective date of this Code without providing internal access;
          2. ii.
             A reasonable offer with regard to cross-access was refused by the adjacent landowner; and
          3. iii.
             A covenant acceptable to the Administrator to ensure that the connection will be provided and access will be consolidated upon the earlier of:

             1. 1.
                Approval for development, substantial improvement, or redevelopment, of the adjacent property, if providing such connection is a requirement of the approval; or
             2. 2.
                The applicant's parcel and the adjacent parcel coming under common ownership; and
          4. iv.
             Failure to comply with the access spacing requirements will not materially affect the safe and efficient flow of traffic.
    2. 2.
       Increase of Spacing Requirements. The City may require greater access spacing if the use will generate significant truck traffic.

Effective on: 8/9/2022

Effective on: 8/9/2022

1.  
   1. 1.
      General. Parcels proposed for development that are to be served with potable water by the City shall dedicate their water rights to the city.
   2. 2.
      Property Within the Jurisdiction of Water or Irrigation Districts or Authorities. 

      1. a.
         This subsection applies to properties that are both:

         1. i.
            Proposed to be served with potable water by the City; and 
         2. ii.
            Located in a district or authority created under Texas Const. Art. III, § 52(b)(1) and (2), or Texas Const. Art. XVI, § 59, which are now existing or hereafter created for the principal purpose of, or principally engaged in, furnishing water for the irrigation of agricultural lands and within the Extraterritorial Jurisdiction or the City limits.
      2. b.
         Prior to plat approval, the owner of property described in Subsection 2.a., shall :

         1. i.
            Execute proper documents with the corresponding district or authority to:

            1. 1.
               Exclude such property from the district or authority; and
            2. 2.
               Convert and transfer ownership of the water rights attributable to such property to the City in the amount of one acre-foot of Class A water right for every gross acre developed; and
         2. ii.
            Pay to such district or authority:

            1. 1.
               All taxes, assessments, and other lawful charges of the district or authority that have accrued on the property, together with all lawful interest and penalties accrued on those taxes, assessments and charges; and
            2. 2.
               The proportionate part of the outstanding bonded indebtedness or indebtedness in connection with a loan from an authorized agency of the United States for which the property is liable, as determined by Tex. Rev. Civ. Stat. Art. 973c, as amended.

2. B.

   Responsibility for Payment of On-Site and Off-Site Installation Costs. 

3.  
   1. 1.
      General. Water and sewer installations necessary to provide adequate and appropriate service to subdivisions developed under the terms of this Code shall be constructed by the applicant and shall comply with the City's Engineering Standards Manual.
   2. 2.
      Contributions to Construction of Off-Site Water Lines. The cost of the off-site water service to the subdivision shall be an amount equal to the installed cost, including all labor, ditching, engineering and material, of line, fire hydrants, valves, fittings and other appurtenances necessary to furnish water service to the subdivision; provided, however, that if any part of such water line is required to be larger than that necessary to serve the subdivision, in order to provide the service deemed necessary by the City within the subdivision and elsewhere in the City water system, the City shall pay for the pipe in excess of the size required of the developer as soon as funds can be made available. The City may only consider reimbursement for oversizing costs for pipe sizes in excess of 12-inches in diameter.
   3. 3.
      Contributions to Construction of Off-Site Sewer Lines. The subdivider's contribution to the cost of the off-site sewer service to the subdivision shall be equal to the installed cost, including all labor, ditching, engineering and material, of lines, lift stations, manholes and appurtenances necessary to furnish sewer service to the subdivision; provided, however, that if any part of such sewer lines is required to be larger than that necessary to serve the subdivision, in order to provide the service deemed necessary by the City, within the subdivision and elsewhere in the City sewer system, the City may, providing funds are available, pay for the pipe in excess of the size required of the developer. The City may only consider reimbursement for oversizing costs for pipe sizes in excess of 12-inches in diameter.
   4. 4.
      Utility Reimbursement Policy. The City or developers incurring the original cost for off-site utilities improvements shall be reimbursed from funds collected from developers and individual property owners benefiting from such improvements.

      1. a.
         Parties Entitled to Reimbursement.

         1. i.
            The City shall be entitled to reimbursement for any extension of drainage, water or sewer utilities when the City pays for such extension or when a developer has paid for or caused the extension.
         2. ii.
            A developer shall be entitled to reimbursement under the following circumstances: 

            1. 1.
               The developer has executed a reimbursement contract or has been issued a reimbursement certificate prior to recording the subdivision plat. Such entitlement is limited to ten years after execution.
            2. 2.
               A developer may request a time extension on a reimbursement contract during the tenth year prior to the expiration of the reimbursement contract for a maximum period of five years. A developer failing to request an extension as provided herein shall no longer be eligible for a reimbursement. Thereafter, the reimbursement shall be payable to the City.
            3. 3.
               All payments shall be made to the City under developer reimbursement contracts or reimbursement certificates and shall be subject to an administrative fee of 15%. Payment of the 15% administrative fee shall be made by parties connecting to utilities constructed by a developer or the City and payable to the City.
      2. b.
         Parties Required to Pay Reimbursement. 

         1. i.
            Any person required to file a subdivision plat for any property which utilizes any drainage, water or sewer utilities constructed after the effective date of this policy will be required to pay a pro-rata share or calculated reimbursement amount payable to the City or to a developer according to 4.a. above.
         2. ii.
            Notwithstanding any other provisions of the reimbursement policy, residential properties shall be subject to a pro-rata share or calculated reimbursement amount payable to the city or to a developer on a per acre basis. Single-family households shall be charged a fee equal to one acre. All other land uses shall comply with the provisions of the reimbursement policy.
         3. iii.
            Any person located within or outside the city corporate limits who connects to utilities constructed respectively by the City or a developer shall be required to pay reimbursement.
      3. c.
         Reimbursement Certificates and Contracts. 

         1. i.
            Whenever the City extends drainage, water or sewer utilities after the effective date of this policy, the City Engineer shall prepare a reimbursement certificate setting out the amount to be collected from properties subject to the policy in accordance with 4.d. below so as to provide for an equitable pro-ration of the subject cost.
         2. ii.
            Whenever a developer is required to extend drainage, water or sewer utilities across other property than is presently owned and being developed by such developer, the developer's engineer shall prepare a reimbursement certificate setting out the amount to be collected from properties subject to the policy in accordance with division 4.d. below so as to provide for an equitable pro-ration of the subject cost. The City Engineer shall review the certificate relating to the cost subject to reimbursement and the distribution of pro-ration and shall make a recommendation to the City relating thereto.
         3. iii.
            The reimbursement certificate shall be subject to the approval process of the utilities by the City under this Code and must be approved prior to the recording of a subdivision plat. In the case of properties not subject to a subdivision plat, the reimbursement certificate shall be approved by the City Engineer upon the application for a building permit, utility services or the issuance of a certificate of compliance.
         4. iv.
            Upon the approval of a reimbursement certificate, a developer or the City may enter into a reimbursement contract as provided for in 4.a.ii. above. The reimbursement contract shall be prepared on a form provided by the City.
      4. d.
         Schedule for Calculating the Pro-Rata Share. 

         1. i.
            The pro-rata share for each property where utilities are to become available by installation of a utilities extension will be based on a point system according to the length of frontage, acreage and distance from the origin of the extension to the end point of the frontage. For properties adjoining the right-of-way where the extension is located or adjoining either side of an alley, easement or unpaved road, points will be computed as follows:(D) x (A) x (F)F = 10 points per lineal foot of frontage A = 500 points per acre of land D = 0.1 points per acre per lineal foot of distance from origin of the extension to the end of the frontage of properties (0.1 x the number of acres x the length of the extension)
         2. ii.
            The monetary value of each point is obtained by dividing the total number of points for all properties concerned, including the developer's property, into the total cost of the developer's cost and each property is then apportioned proportionally by its number of points. 
         3. iii.
            For properties where adequate utilities are already available on one side, a credit shall be applied as follows: reduce the total number of points for the property by 50% in the calculations. In making the calculations, it will be determined, in advance, which properties the utilities are designed for and capable of serving. Each of these parcels of property will then be included in the calculations. If it is reasonably certain that a property will never tie into the utilities, it will be omitted from the calculations. Any property owner wanting to connect to the utilities which had not been included in calculations would have to pay a pro-rata share based on the number of points for his or her property times the same cost per point that was used to calculate the other properties' shares.
         4. iv.
            Properties that do not front on the utilities extension right-of-way, but will be served by the extension, are still subject to the pro-rata assessment. The number of points are calculated the same way but the points for the frontage are omitted. This is to offset the cost of running a line from the utilities extension to the property.
         5. v.
            See Appendix for an example of calculating the pro-rata shares.
      5. e.
         Responsibility for payment for installation cost of:

         1. i.
            Streets. The City may pay, providing funds are available, for street right-of-way or paving in excess of that set out in the City’s adopted Thoroughfare Plan, except where such extra widths are in commercial developments, or where they are not required by the City.
         2. ii.
            Drainage. The City may participate, providing funds are available, in the extra cost of large drainage structures on principal streets shown on the major thoroughfare plan.
         3. iii.
            Street Signs. The subdivider shall install street signs consistent with those currently being required and now used by the City at no cost to the City.
   5. 5.
      Reimbursement Policy for North Alamo Water Supply Corporation Buy-Out Area. The city shall be entitled to reimbursement for incurring the original cost of the buy-out of certain water service areas, as depicted in the maps in the Appendix. Funds shall be collected from developers and individual property owners benefiting from the buy-out.

      1. a.
         Parties Required to Pay Reimbursement. Properties located within the buy-out boundaries which are developed under the terms of this Code are subject to the reimbursement policy. Residential and commercial properties shall be subject to a pro-rata share of calculated reimbursement amount payable to the City on a per-acre basis. Single-family households of one acre or less shall be charged a fee equal to one acre. No plat shall be recorded or City permit issued until the required payment is made.
      2. b.
         Calculating the Pro-Rata Share. Property located within the buy-out area shall be subject to a reimbursement agreement which must be executed prior to a final approval of a subdivision plat, or a building permit if a subdivision plat is not required. An amount calculated on a per gross acre shall be paid to the City in accordance with the terms of this agreement and the reimbursement agreement.

Effective on: 8/9/2022

3. C.
   Applicability. All new residential development (including subdivisions) shall set aside and convey to the public sufficient and suitable lands for the purpose of parkland, or contribute cash in lieu of land conveyance, or a combination thereof, as provided in this Section. This section applies to:

   1. 1.
      All residential plats within the City and its Extraterritorial Jurisdiction (ETJ).
   2. 2.
      All residential development whether or not a plat is required, to the extent of the difference between the number of residential units constructed and the number of residential units that were removed (if any) in preparation for the new residential development.
   3. 3.
      Multiple subdivisions in the aggregate when:

      1. a.
         The subdivisions are in the same park zone; 
      2. b.
         The subdivisions share boundary lines;
      3. c.
         The applications for subdivision plat or development plat are filed within 5 years of each other, or each subdivision plat or development plat is filed according to a master plan; and
      4. d.
         The applicant for subdivision approval is the same for each of the aggregated subdivisions (including subsidiaries or affiliates with more than 51 percent shared control).
4. D.
   Exemptions. The requirements of this Section do not apply to:

   1. 1.
      Any subdivision for which a final plat application has been filed prior to August 6, 2007.
   2. 2.
      Residential uses for senior citizens, provided that it is demonstrated that the expected residents will place an immaterial demand on neighborhood parks due to:

      1. a.
         The provision of on-site recreational opportunities that are adequate and suitable for the expected residents;
      2. b.
         Residents who are not ambulatory; or
      3. c.
         Any other such reasonable assurance that,  based on its character and operation, the use will not materially impact neighborhood parks.
   3. 3.
      Subdivisions in the AO district. 
   4. 4.
      Alterations or expansion of an existing residential unit or building of multiple units where no additional residential units are created, and the use is not changed.
   5. 5.
      The construction of accessory buildings or structures.
   6. 6.
      The installation of a replacement HUD-Code compliant manufactured home.
   7. 7.
      The replacement of a destroyed or partially destroyed residential unit or building of multiple units with a new building of the same size and use. Any claim of exemption shall be made no later than the time of application for preliminary plat approval or building permit application if no plat approval is required. Any claim not so made shall be deemed waived.
   8. 8.
      Re-platting of previously platted residential lots, provided that there is no increase in the number of lots from the previous subdivision. If there is an increase, this section shall apply to the difference between the number of residential units previously permitted and the number of residential units that will be permitted after the replat.
   9. 9.
      Nonresidential uses.

5. E.
    Design.

   1. 1.
      Open spaces should be integrated into the development design to bring significant open space to the maximum number of properties. Small, odd, left-over open space areas should be avoided. Extra landscaping may be required to enhance the value of such spaces where they cannot be avoided.
   2. 2.
      Open space shall be designed to provide greenways along drainage corridors and irrigation canals. The landscaping along corridors or canals shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway and to the residents of the development.
   3. 3.
      Visual access to open space shall be encouraged from both lots and streets.
   4. 4.
      Formal open spaces shall be designed to provide areas of focus within the development. Landscaping and furniture for pedestrians should be installed to enhance this effect.
6. F.
   Dedication Standard.
7.  
   1. 1.
      The amount of land required to be dedicated for parkland is one acre per 50 dwelling units.
   2. 2.
      The number of dwelling units shall be calculated based on:

      1. a.
         The actual number of dwelling units of any type (e.g., single family, duplex, twin home, townhomes, multiplex, multifamily) that are indicated on the plat; or
      2. b.
         The maximum number of dwelling units that may be constructed on the site if there is no notation on the plat with regard to the actual number.
   3. 3.
      Park Zones. Neighborhood and community park zones are established in the Parks and Recreation Master Plan for the purpose of designating service areas for neighborhood and community parks, respectively. These zones are prima facie proof that a park that is located within a particular park zone is conveniently located to any residence located in the same zone.
   4. 4.
      Park Development Standards. Parkland conveyed to the City as provided in this Section shall meet each of the standards set forth below:

      1. a.
         Type. The type of park shall be consistent with the City's Parks and Recreation Master Plan.
      2. b.
         Location. The location and configuration of the park shall be as follows:

         1. i.
            The park shall be located within the same park zone as the proposed development or an adjacent park zone to the proposed development.
         2. ii.
            Street connections between residential neighborhoods shall be provided, wherever practicable, to provide reasonable physical and visual access to parks and open space areas to all residents within reasonable proximity to such parks and open space areas.
         3. iii.
            A cleared access of at least 20 feet in width shall be dedicated from a publicly dedicated street to the parkland, if needed to provide adequate maintenance and emergency services. The City may waive this requirement if it determined that public street access is sufficient to meet the intent of this requirement.
         4. iv.
            The parkland shall be highly visible so as to be a focal point for neighborhood residents and to facilitate access by emergency responders. It shall have frontage on a street equal to or greater than the square root of the total square footage of park area to be conveyed.
         5. v.
            Unless otherwise approved by the Director of Parks and Recreation, parkland that is adjacent to a designated trail shall be designed and located within a subdivision or addition to allow for an extension or connection of a public park or public recreation facility within an abutting subdivision.
         6. vi.
            A proposed subdivision adjacent to a park or open space area shall not be designed to restrict reasonable access or visibility into the park. No lots shall have their rear yard abutting a public park unless public access is provided each 400 feet, or portion thereof.
         7. vii.
            The location of dedicated parkland may be required at the edge of a subdivision so that additional land may be added at such time as adjacent land is subdivided or acquired for public use. Otherwise, a centralized location is preferred.
         8. viii.
            Any residential street built adjacent to a park shall be constructed to collector width to ensure access and prevent traffic congestion.
      3. c.
         Suitability. Land dedicated for parkland shall be suitable for such use, in that all of the following are demonstrated:

         1. i.
            The parkland is in a location that is consistent with the adopted Parks and Recreation Master Plan.
         2. ii.
            The dimensions and topography of the parcel are appropriate to permit the development of the facilities required by this Section in a manner that is consistent with this Code.
         3. iii.
            At least 50 percent of the dedicated parkland is suitable for use for active recreation (such as ballfields, playgrounds and organized sports) in terms of design and location, and the remainder, if any, for passive recreation (such as hiking and picnic areas).
         4. iv.
            A minimum of 50 percent of the dedicated parkland is outside of the 100-year floodplain. Any parkland within the 100 year floodplain is in its natural condition, that is, unaltered native floodplain that is not altered by channelization or man-made stormwater facilities.
         5. v.
            The parkland does not include drainage ditches, overhead power lines, pipelines, or similar uses, or easements that would allow such uses in the future, unless:

            1. 1.
               The Planning and Zoning Commission finds, after consultation with the Director of Parks and Recreation, that the land has exceptional recreational value that warrants its acceptance and parkland;
            2. 2.
               The development of a park on the land does is physically compatible with the other uses, and does not violate the terms of recorded easements; and
            3. 3.
               Such land comprises no more than 50 percent of the required parkland dedication.
         6. vi.
            The parkland does not include detention/retention facilities unless the Planning and Zoning Commission finds, after consultation with the Director of Parks and Recreation, that the facilities have been incorporated into the design of the park as an amenity, such as a lake or pond.
      4. d.
         Existing Resources. Sites should have and retain existing trees or other scenic elements.
      5. e.
         Screening. Where a non-residential use must directly abut a park, the use must be separated by a screening wall or fence and landscaping. Access points to the park from the non-residential use may be allowed by the Planning and Zoning Commission if a public benefit is demonstrated.
   5. 5.
      On-Site Conveyance of Parkland.

      1. a.
         Whenever a final plat is filed of record with the County Clerk of Hidalgo County for residential development in accordance with the platting regulations of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes.
      2. b.
         Parkland to be conveyed shall be designated as a reserve on both the preliminary and final plats as “Parkland Dedicated to the City of Edinburg,” with the perimeter dimensions and acreage denoted, with a separate parcel or lot designation given, and a note on the face of the plat shall indicate the dedication. Corner markers shall be placed at all corners of parkland lots as set out in Division 7.600, Mapping and Monuments.
      3. c.
         Parkland to be privately owned shall also be designated on the preliminary and final plats, with its general location and acreage denoted, and a note on the face of the plat shall indicate that the park land is "a private park reserve."
      4. d.
         Prior to the City's acceptance of subdivision improvements, the subdivider shall deliver to the City a deed, in a form approved by the City Attorney, conveying all dedicated parkland shown on the approved final plat. The parkland deeded to the City shall not be subject to reservations of record, encumbrances or easements that will interfere with the use of the land for park purposes.
   6. 6.
      Infrastructure Improvements Required. Parkland conveyed to the City shall be improved as required by this subsection. The subdivider shall indicate the proposed parkland improvement(s), which shall be constructed in accordance with the site plan, as required in Subsection 16 below. An improved park shall, at a minimum, include the following:

      1. a.
         Paved frontage with curbs and gutters for all required street frontages abutting the outside perimeter of the parkland;
      2. b.
         A sidewalk or trail installed in the park, and/or sidewalk installed along all street frontage of the park with the location approved according to the approved site plan;
      3. c.
         Adequate drainage, as determined by the City Engineer;
      4. d.
         Water, wastewater, electrical services, and all other utilities provided to the remainder of the subdivision shall be provided to the park from an adjacent street right-of-way or public utility easement as part of standard subdivision improvements;
      5. e.
         Lighting along those portions of the required street frontage(s) as well as ample overhead and/or bollard lighting within and throughout the park to provide for a safe and secure environment;
      6. f.
         The grading of the site and installation of grass with irrigation;
      7. g.
         Removal of all dead trees, refuse, and trash from the site; and
      8. h.
         Any park areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission, Publication 325, as currently amended.
   7. 7.
      Off-Site Conveyance of Parkland. Upon affirmative recommendation from the Parks and Recreation Director or Board, the Planning and Zoning Commission may accept parkland that is not part of a subdivision in order to meet the parkland requirement, subject to the following:

      1. a.
         The site proposed to meet the parkland requirement is within the same neighborhood or community park zone as that ordinarily required within the subdivision; and
      2. b.
         The site meets the park development standards of Paragraph 4, Park Development Standards, above; and
      3. c.
         The site area exceeds that required of the subdivision by Subsection G, Dedication Standard, above by 20 percent, and
      4. d.
         A deed is recorded in accordance with the provisions of Paragraph 5.d, above. 
   8. 8.
      Fee-In-Lieu of Dedication.

      1. a.
         When Required. The City may, at its option, require a fee in lieu for all or part of the required parkland conveyance under the following circumstances:

         1. i.
            When less than five acres is required to be conveyed;
         2. ii.
            Where the proposed parkland does not meet the standards set forth in H above and there is no reasonable alternative location on the parcel proposed for development that does meet those standards;
         3. iii.
            When a replat or amending plat within the City limits is submitted with increased density and there is no remaining land available for the development of a park; or
         4. iv.
            The City determines that sufficient park area is already in the public domain in the park zone of the proposed development, or the potential for that area would be better served by expanding or improving an existing park or constructing a larger community or regional park suitable for several neighborhoods.
      2. b.
         In-Lieu Fee Amount. Where the payment of a fee-in-lieu of parkland dedication is required or acceptable to the City as provided for in this section, such fee shall be in an amount as detailed in Table 5.212-1, Fee-in-Lieu, below.

7.  
   9. 9.
      Timing of Payment.

      1. a.
         Such payment in lieu of land shall be made at or prior to the time of recording the final plat, or, if no plat is required, prior to the issuance of a building permit for a residential unit.
      2. b.
         Alternatively, 50 percent of the payment may be made at the time of plat approval, and 50 percent at the time of building permit, with the fee allocated to each building permit applicant according to their pro rata share. If this alternative is selected:

         1. i.
            The final plat shall contain a note that indicates that a fee in lieu must be paid prior to the construction of a dwelling unit; and
         2. ii.
            The fee in lieu to be paid shall be in an amount that is required at the time the building permit application is submitted.
   10. 10.
       Use of Cash Contribution.

       1. a.
          Cash payments may be used only for acquisition or improvement of a neighborhood park located within the same neighborhood park zone as the development or within an adjacent neighborhood park zone if the actual location of the acquired or improved parkland is of reasonably equivalent convenience to the development.
       2. b.
          However, it is hereby provided that all fees may be applied to any type of park site if all requisite criteria for the other types of park facilities have been met, as determined by the City.
       3. c.
          Fees paid in lieu of land for neighborhood parks may be applied to development or enhancement of a community park if such park is located in the same community park zone as the development and in the judgment of the Parks and Recreation Director is close enough to the development as to satisfy the purposes of land dedication as provided for herein.
   11. 11.
       Special Fund; Right to Refund.

       1. a.
          There is hereby established a special fund for the deposit of all sums paid in lieu of parkland dedication under this Section, which fund shall be known as the “Parkland Dedication Fund.” Funds shall only be released from the Parkland Dedication Fund upon City Council approval of a plan to utilize the funds to acquire parkland, build, or enhance a park within the park zone from which the funds originated.
       2. b.
          The City shall account for all sums paid in lieu of land dedication under this Section with reference to the individual plats involved.
       3. c.
          Any funds paid in lieu of land must be expended by the City within 10 years after the filing of the final plat, or the filing of the final plat of each phase or section of the contributing subdivision, if a phased development. Such funds shall be spent on a first in, first out basis for each area. If not so expended, the owner(s) of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owner(s) of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.
   12. 12.
       Private Parkland Credit.

       1. a.
          Availability of Credit. Where parks are to be provided in a proposed subdivision, and where such areas and facilities are to be privately owned and maintained by the future residents of the subdivision, these areas and facilities may satisfy the requirement of parkland dedication if all of the following standards are met:

          1. i.
             The private ownership and maintenance of such areas and facilities are adequately provided for by recorded written agreement, conveyance, or restrictions.
          2. ii.
             The use of such areas and facilities are restricted for park and recreational purposes by a recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City Council.
          3. iii.
             Such areas and facilities for which credit is given shall include improvements for the basic needs of a local park. These improvements must be equivalent to that required by I above. These improvements shall be required before the final acceptance of the subdivision by the City.
          4. iv.
             All park areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission, Publication 325, as currently amended.
          5. v.
             Parkland must be established with grass by the developer. This grass must be bermuda or zoysia or other similarly drought-tolerant species, and an irrigation system must be installed and approved by the City Building Official or designee.
          6. vi.
             The Homeowners’ Association is responsible for the irrigation and maintenance of the property.
       2. b.
          Required Documentation.

          1. i.
             In order to receive the private parkland credit, the subdivider shall provide documents to the City at the time of final plat filing sufficient to establish that the requirements of O1 above have been satisfactorily met. In the event that the subdivider proposes to construct the improvements at a later date, as in a phased development, the City shall require that the subdivider obtain a surety bond, performance bond, or other form of guarantee that the recreational amenities will be installed concurrent with the build-out of the subdivision, and in no case greater than two years from the date of the final plat approval.
          2. ii.
             The Parks and Recreation Director shall evaluate and approve the documentation submitted prior to any credit being given. In cases where the equivalency of the improvements is disputed, the required level of improvements shall be as finally determined by the Parks Board, in consultation with the Parks and Recreation Director.
       3. c.
          Partial Fee Required. Subdividers who propose to provide private parkland in parcels that are less than the size of a neighborhood park shall pay to the City an amount equal to 50 percent the amount of the fee in lieu of dedication established by the City Council for the area of the parkland, for deposit in the City’s Parkland Dedication Fund for purposes of defraying the financial burden private subdivisions impose on public parks elsewhere in Edinburg.
   13. 13.
       Construction and Improvement Credits. Construction of improvements to existing public park sites or neighborhood recreational facilities located in the same or adjacent park zone as the proposed residential development shall be credited towards the parks and recreation fee in lieu or improvement fee requirements as follows:

       1. a.
          An applicant may satisfy up to 50 percent of the dedication or fee in lieu requirements with construction and improvements in the categories below, provided that no more than 10 percent of the dedication or fee in lieu requirement is satisfied by any one category:

          1. i.
             Universally accessible playground equipment;
          2. ii.
             Practice athletic fields;
          3. iii.
             Volleyball courts;
          4. iv.
             Basketball courts;
          5. v.
             Tennis courts;
          6. vi.
             Multi-purpose trails and walkways;
          7. vii.
             Benches and picnic tables; and
          8. viii.
             Water amenities, such as interactive fountains.
       2. b.
          All improvements constructed pursuant to this Section are subject to final acceptance by the Parks and Recreation Director. If any improvement is unacceptable, it shall not be counted as a credit unless brought into compliance within 30 days of the determination of the Parks and Recreation Director.
   14. 14.
       School Credits. Recreational areas within a school site within the park district of the proposed subdivision may be utilized to meet up to 50 percent of the open space dedication requirements upon approval of the Planning and Zoning Commission, as well as the school district. In order to be eligible for this credit, the school grounds must be open to the public.  
8. H.
   City Purchase of Parkland. The City may from time to time decide to purchase land in or near the area of actual or potential development for a community park to serve such actual or potential development. If the City purchases parkland in a park zone, sufficient in size to entirely meet the needs of that zone, subsequent parkland dedications for that park zone shall be in cash. Such cash contribution shall be in the amount as specified on an annual basis by the City Council, which shall go toward reimbursement of the City for its costs to acquire and develop the land as a park.
9. I.
   Parks and Recreation Master Plan Considerations.

   1. 1.
      The Parks and Recreation Master Plan is intended to provide the City with a guide upon which to base future decisions. Because of the need to consider specific characteristics in the site selection process, the park locations indicated in the plan are general. The actual locations, sizes, and number of parks will be determined when development occurs. The plan will also be used to locate desirable park sites before development occurs, and those sites may be purchased by the City or received as donations.
   2. 2.
      Thirteen neighborhood park zones and six community park zones are established in the Parks and Recreation System Plan of the adopted Edinburg Parks and Recreation Master Plan. These zones are configured to indicate the service areas for neighborhood and community parks. Neighborhood parks shall generally have a minimum separation of one-half mile from the boundaries of other neighborhood or community parks and shall, to the extent practicable, be distributed evenly across the designated park zones.
   3. 3.
      The appropriate location and spacing of neighborhood parks shall be determined by the Planning and Zoning Commission upon recommendation of the Parks and Recreation Director through the subdivision development process. Zone boundaries are established that follow, to the extent practicable, key topographic features such as major thoroughfares, streams, and City limit and extraterritorial jurisdiction (ETJ) lines.
10. J.
    Site Plan Submission and Approval. A site plan must be submitted to the Parks and Recreation Director for review, which shall be approved by the Planning and Zoning Commission prior to final plat submittal or upon application of a building permit, as applicable. Within 12 months from the date of site plan submission, the subdivider or landowner shall submit detailed plans and specifications for review and approval, which shall be in substantial compliance with the site plan. The construction of all improvements shall be complete within 12 months from the date of approval of the plans and specifications. Such site plan shall include the following:

    1. 1.
       North arrow and scale.
    2. 2.
       Vicinity map indicating the general location of the site and its relationship with adjacent and nearby streets, watercourses and similar features in all directions from the site to a distance of two hundred (200) feet.
    3. 3.
       Existing and finished grades or contours at one foot intervals.
    4. 4.
       Identification of any areas on the site or within 200 feet that is within the 100 year floodplain.
    5. 5.
       Sufficient dimensions to indicate relationship between buildings, property lines, parking areas, fields and courts, playground areas, and other elements of the plan.
    6. 6.
       Proposed location of buildings and other structures, fields and courts, playground areas, parking areas, drives, screening, drainage patterns, public streets and any existing easements.
    7. 7.
       Location, massing and pattern of existing vegetation and the general extent and character of proposed landscaping and tree preservation.
    8. 8.
       Existing streams, drainage channels, and other bodies of water.
    9. 9.
       Focal points and site amenities.
    10. 10.
        Existing structures on the site and within one hundred (100) feet of the site.
    11. 11.
        Street and traffic patterns affecting the site including the location of traffic control devices.
    12. 12.
        Pedestrian and vehicular circulation patterns and improvements.
    13. 13.
        Surrounding uses, activities and influences of the site and adjacent properties within two hundred (200) feet, including:

        1. a.
           Any public streets.
        2. b.
           Any drives that exist or which are proposed to the degree that they appear on plans on file with the City.
        3. c.
           Any buildings that exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two- family residences may be shown in approximate location and general size and shape.
        4. d.
           The location, size, cross-section and calculation of any drainage structures, such as culverts, paved or earthen ditches or storm sewers and inlets.
    14. 14.
        Typical building elevations depicting the style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan a separate sketch shall be prepared for each type.
    15. 15.
        The boundary lines of the area included in the site plan, including bearings, dimensions and reference to a point on a recorded plat.
    16. 16.
        Proposed utility connection layouts for water, sewer and electricity.
    17. 17.
        Name and address of the land owner, applicant, architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
    18. 18.
        Date of preparation of the site plan.
    19. 19.
        Signature block for appropriate City officials.
11. K.
    Completion and Acceptance. Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met:

    1. 1.
       Improvements have been constructed in accordance with the approved plans.
    2. 2.
       All parkland upon which the improvements have been constructed have been dedicated as required by this section.
    3. 3.
       All manufacturer warranties have been provided for any equipment.
12. L.
    Warranty. Upon issuance of a Certificate of Completion, subdivider or landowner warrants the improvements for a period of one year. The subdivider and/or landowner shall be liable for any costs required to complete park development if:

    1. 1.
       Subdivider fails to complete the improvements in accordance with the approved plans.
    2. 2.
       Subdivider fails to complete any warranty work.
13. M.
    Review of Dedication Requirements. The City shall review the fees set forth in this section every five years. The City shall take into account inflation as it affects land and park development costs as well as the City’s targeted level of service for park land per one thousand population. Fees shall be set by ordinance of the City Council.

    1. 1.
       If the actual number of completed dwelling units exceeds the figure upon which the original dedication or cash contribution was completed, such additional dedication or cash contribution shall be required, and shall be made by payment of cash in lieu of land, or by conveyance of an equivalent land area.
    2. 2.
       All new lots within a replat or addition to an existing subdivision shall comply with the parkland dedication or cash contribution requirements as outlined in this subsection, as specified below.

Effective on: 8/9/2022

Effective on: 8/9/2022

1.  
   1. 1.
      General. All dedications shall be indicated on the face of the plat. Verbose dedications may be accomplished by a separate recorded instrument which is referenced on the face of the plat.
   2. 2.
      Owner's Acknowledgment.

1.  
   1.  
      1. a.
         All plats for subdivisions with public facilities shall include the owner's acknowledgment set out in Figure 5.301-1, Form of Owner's Acknowledgment; or
      2. b.
         A separate dedication deed adopting the plat, executed by the owner in recordable form and incorporating all of the pertinent provisions set out in Figure 5.301-1., Form of Owner's Acknowledgment.
   2. 2.
      Planning and Zoning Commission Certification. All plats shall include the following certification to be executed by the Chairperson of the Planning and Zoning Commission: "I, the undersigned, Chairperson of the Planning and Zoning Commission of the City of Edinburg, hereby certify that this subdivision plat known as __________________ conforms to all requirements of the Subdivision Regulations of this City wherein my approval is required and has been approved for recording on the ______ day of _____________, 20__."
   3. 3.
      Surveyor Certification. All plats shall include the following certification to be executed by the surveyor responsible for surveying the subdivision area, attesting to its accuracy:

1.  
   4. 4.
      Engineer's Certification. All plats shall include the following certification to be executed by the project engineer of record:

1.  
   5. 5.
      Certification for Minor Plats. All minor plats shall include the following certification to be executed by the Administrator:

1.  
   6. 6.
      Mayor's Certification. All plats that required a Waiver in accordance with Sec. 9.606, Waiver, or that were subject to an Appeal shall include the following certification to be executed by the Mayor: "I, the undersigned, Mayor of the City of Edinburg, hereby certify that this subdivision plat conforms to all requirements of the Subdivision Regulations of this City, excepting for those requirements for which a Waiver was approved or an Appeal was heard and decided upon, wherein my approval is required."
   7. 7.
      Private Subdivision Certification. All plats for subdivisions with private facilities shall include the information set out in Figure 5.301-5, Private Subdivision Disclaimer, on the case of the plat. 

Effective on: 8/9/2022

Effective on: 8/9/2022