Fulshear City Zoning Code
ARTICLE IV
SUBDIVISION REGULATIONS
§ 28-4-1 Purpose.
The purposes of this article are to:
(a)
Establish adequate and accurate records of land subdivision;
(b)
Provide flexible design alternatives to those wishing to develop within the city;
(d)
Ensure the development of functional and safe traffic circulation patterns;
(e)
Encourage economical and effective movement of motor vehicles, bicycles, and pedestrians;
(f)
Provide access for public safety vehicles;
(g)
Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate adjoining tracts; and
(h)
Ensure that all subdivisions developed in the City of Fulshear and its jurisdiction are adequately furnished with the necessary public services, including but not limited to, adequate water, waste management, storm water drainage utilities, and park and open space resources.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-2 Application.
(a)
Generally.
This division shall apply to all plats and all subdivision of land within the territorial limits of the city and the city's extraterritorial jurisdiction (ETJ) as defined in V.T.C.A., Local Government Code (TLGC) § 212.001; definition of subdivision, TLGC § 212.004.
(b)
Compliance with CDO required to subdivide.
Unless a subdivision is specifically exempted (see subsection (c) of this section) from the requirements to obtain a plat by this article, it shall be unlawful for any person or entity to:
(1)
Subdivide any tract, lot, or parcel of land within the territorial limits of the city or within the city's extraterritorial jurisdiction until an appropriate plat of such subdivision is approved and recorded in conformity with this article.
(2)
Construct, or cause, allow, or permit to be constructed any public or private street, utility service or facility, building, structure, or other improvement on any tract, lot, or parcel of land within the territorial limits of the city or the city's extraterritorial jurisdiction until an appropriate plat is approved and recorded in conformity with this article.
(3)
Connect or serve any utility service or facility to any tract, lot, or parcel of land within the territorial limits of the city or the city's extraterritorial jurisdiction until an appropriate plat is approved and recorded in conformity with this article.
(4)
No building, electrical, mechanical, plumbing, certificate of occupancy, or any other permit issued by the city will be issued for the construction or repair of any improvement or the occupancy of any building or structure until an appropriate plat is approved and recorded in conformity with this article; and it shall be unlawful for any person to construct or repair any improvement, or occupy any building or structure, without first obtaining the appropriate permit from the city.
(c)
Exemption from platting.
(1)
Land used for agriculture purposes only, which use must be indicated on a tax designation submitted to the city; and
(2)
A subdivision of land into parts of one acre or greater, where each part has public street access, no public improvement is being made or is required to be dedicated and where a simplified subdivision plat (see section 28-7-39, simplified subdivision plat) can be submitted in lieu of the full platting requirement.
(d)
City covered by V.T.C.A., Local Government Code, Chapter 212, Subchapter B. In accordance with V.T.C.A., Local Government Code § 212.041, the city council chooses to be covered by V.T.C.A., Local Government Code, Chapter 212, Subchapter B.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-3 Design principles.
(a)
Generally.
The principles of this section shall be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted by this CDO. The principles of this section shall be applied and interpreted in the context of the other applicable standards that are set out in this CDO.
(b)
Compatibility.
The proposed subdivision plat shall be designed in a way that:
(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, division III-3, buffering, landscaping, and screening;
(2)
Environment.
Protects and preserves the environmental resources to the benefit of the subject property and abutting properties;
(3)
Connectivity.
Provides appropriate, context-sensitive vehicular and pedestrian linkages, providing access while protecting neighborhood integrity and individual property values;
(4)
Common open space.
Maximizes the access to and benefit of common open spaces by providing for a connection to or continuation of the open spaces of abutting or adjacent properties and providing for maximum frontage and access to such open spaces;
(5)
Storm water.
Protects neighboring property from undue storm water runoff;
(6)
Access.
Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and
(7)
Level of service.
Does not reduce the level of service of public infrastructure that are provided to surrounding development.
(c)
Connectivity.
The urban area is to be designed as a group of interconnected residential neighborhoods with appropriate commercial and industrial and public facilities. Space for religious, recreational, educational and shopping facilities to serve the residents of the neighborhood should be provided and designed as an integral part of each neighborhood, as appropriate.
(d)
Topography and natural features.
The arrangement of lots and blocks and the street system should be designed to conserve and make the most advantageous use of topography and natural physical features.
(e)
Street arrangement.
The general arrangement of streets should conform to the functional street classification system and the network alignments of the major thoroughfare plan in the comprehensive plan.
(f)
Tree preservation.
Where not required for preservation, tree masses, large individual trees, and plant materials should be preserved where practicable.
(g)
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.
(h)
Renewable resources.
The blocks, lots, and buildable areas of a subdivision should be designed to take full advantage of sun and shade, where appropriate, wind, and other sources of renewable energy.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-4 Master thoroughfare plan.
(a)
Generally.
(1)
Thoroughfare planning and future right-of-way protection is a priority for the city. The city's priorities and road network are established in the major thoroughfare plan (MTP) located in the City of Fulshear Comprehensive Plan, as may be amended from time to time.
(2)
The MTP identifies the planned alignment of arterial and collector streets throughout the city and its extraterritorial jurisdiction area.
(b)
Effect.
New arterial or collector streets, in addition to improvements to existing arterial and collector streets, shall be consistent with the most recently adopted Comprehensive Plan.
(d)
Street types.
Displayed in figure 28-4-4, street types, are the different street types and cross sections, as adopted in the city's MTP.
Figure 28-4-4 Street Types |
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Thoroughfares |
 |
 |
Collectors |
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 |
 |
Rural Byways |
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 |
.tiff.png "028 Figure 28-4-4 Rural Byway(2).tiff") |
.tiff.png "028 Figure 28-4-4 Rural Byway(3).tiff") |
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-5 Streets, driveways, and alleys.
(a)
Generally.
The public street system pattern within a subdivision shall:
(1)
Provide for adequate vehicular access to all properties within the subdivision;
(2)
Provide adequate street connections to adjacent properties outside the subdivision to ensure adequate traffic circulation within the general area;
(3)
Provide a 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 the city, fire, police, and other emergency services personnel; and
(4)
Provide a sufficient number of continuous streets to accommodate the traffic demands generated by the new development.
(b)
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:
a.
Private streets shall be laid out, designed, and constructed in the same manner as public streets;
b.
Street signs shall indicate that the streets are "private";
c.
The private streets will not interfere with the implementation of the adopted comprehensive plan, capital improvements plan or program, or plans for construction or expansion of state or federal highways; and
d.
The 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.
e.
Setbacks from private streets shall be measured in the same manner as setbacks from public streets.
(c)
Alleys.
(1)
No parking in alleys.
Parking shall be prohibited in all alleys except in areas provided outside of the minimum right-of-way.
(2)
Use of alleys.
Alleys may be used only in residential development. Alleys shall be parallel, or approximately parallel to the frontage of the street.
(3)
Alley right-of-way.
A minimum width of 20 feet.
(4)
Type of construction.
Alleys shall be constructed to the city's design standard.
(5)
Connectivity.
a.
Generally, alleys shall connect to public streets on both ends, and shall be dedicated to the city as public right-of-way.
b.
Dead-end alleys shall be avoided 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 turn-around shall be provided at the dead-end.
(6)
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.
(7)
Crossings.
Sidewalks shall continue across alleys at points of intersection.
(8)
Services.
New alleys shall be constructed as service streets, as follows:
(d)
Access.
(1)
Residential subdivisions with 30 or more lots, or multi-family developments with 50 or more dwelling units, shall provide no less than two access points to/from existing streets. Those access points shall be located consistent with section 28-4-10, access management.
(2)
The street layout of a subdivision shall provide public or private street access to all building sites and parcels.
(3)
Street alignments within subdivisions shall utilize horizontal curves, islands, street offsets, intersections, or other methods that allow adequate access and promote traffic calming.
(4)
All commercial subdivisions or development shall have at least one access point for each commercial floor space under 7,500 square feet and at least two access points for each commercial floor space that is 7,500 square feet or greater.
(e)
Offsite connectivity.
(1)
Wherever streets have been dedicated or platted on adjacent properties for extension into or through a proposed subdivision, then those streets shall be incorporated into the street layout of the proposed subdivision.
(2)
Subdivision streets shall be extended to the boundaries of the parcel proposed for development in appropriate locations to provide for future connections to other properties.
(f)
Right-of-way width.
(1)
The right-of-way width to be dedicated as part of a new subdivision plat shall follow the standards set out in table 28-4-5, right-of-way width.
(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 city engineer.
Table 28-4-5 Right-of-Way Width | |
|---|---|
Major Thoroughfare | 120 ft. |
Arterial | 100 ft. |
Collector | 60 ft. |
Local Street1 | 60 ft./50 ft.1 |
Table Notes: | |
|---|---|
1. | Local streets shall only be permitted a minimum right-of-way on streets that utilized underground piped methods of stormwater conveyance. |
(h)
Curves and intersections.
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 50 feet. The angle of street intersections shall not vary more than ten 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.
(i)
Culs-de-sac.
(1)
Maximum street length.
Cul-de-sac streets may not be more than 650 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 28-4-5, maximum cul-de-sac length.
(2)
Terminating radius.
Terminating end of a cul-de-sac shall have a minimum radius of 50 feet.
Figure 28-4-5 Maximum Cul-De-Sac Length |
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 |
(j)
Dead-end streets.
Dead-end streets shall not be approved, except in instances where the street is terminated by a temporary circular cul-de-sac turnaround or where the street is designated to be extended into adjacent property.
(k)
Half-streets.
Half streets shall be avoided, except for:
(l)
Street names.
All streets shall be named and conform with the following:
(1)
New streets.
New streets shall not duplicate existing street names which shall continue along any continuous right-of-way, so long as there are unique names for each intersection.
(2)
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.
(3)
Suffixes.
Street name suffixes such as court, circle, or loop should be designated on streets that are culs-de-sac or in a configuration of a loop street.
(4)
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.
(5)
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 with such a name and is not a duplicate street name.
(6)
Street name change.
No street name, once designated, may be changed except by city ordinance.
(7)
Street name length.
Street names shall not exceed a length of 20 characters for major thoroughfares and collectors, and 15 characters for all other streets.
(8)
Street name approval.
All street names proposed may be changed at the request of the planning and zoning commission and city council during the platting process. Generally, all streets shall be tied to a proper sense of place either by relating to the history of Fulshear, someone who has had a positive impact on the Fulshear community, the geographic area or a geographic feature local to Fulshear, or an event or activity that has had an impact on the community. Furthermore, street names containing words considered overused and a possible source of confusion shall be avoided.
(m)
Street signage and traffic control devices.
The developer shall be responsible for the installation of all required street signs and traffic control devices, which such signage and traffic control devices shall conform to the state manual on uniform traffic control devices.
(n)
Fencing.
To avoid a canyon effect and to preserve a sense of openness, fencing shall meet the following requirements:
(1)
Walls, fences, or walls and fences, may not front both sides of a street unless a 30-foot landscape buffer with canopy trees planted every 35 feet is provided to soften its appearance.
(2)
Wooden fences shall be avoided along the public facing exterior of master planned communities, and along roads designated on the major thoroughfare plan unless it is generally screened from view.
(o)
Fire access.
All multi-family or residential developments which have gates shall require such gates to be able to be opened remotely by the fire department in the event of an emergency in order to promote resident safety and support response time.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-4-6 Lots and blocks.
(a)
General lot design, arrangement, and layout.
Lots shall conform to the following standards:
(1)
Accommodate easements for all utility services and facilities to adequately serve any improvements constructed thereon;
(2)
Located that direct vehicular access is provided from a public or private street and that the required number of off-street parking spaces can be provided on the lot without encroachment within any adjacent public or private street right-of-way; and
(3)
Accommodate all required improvements and detention areas.
(b)
Lot shapes.
Lots shall be designed, so far as possible, with:
(1)
Side lot lines.
Side lot lines shall be at right angles or radial to any adjacent street right-of-way line. Where all lots are either perpendicular and at right angles or radial to adjacent street rights-of-way, a suitable notation shall be placed upon the plat in lieu of lot line bearings.
(2)
Key or flag-shaped lots.
Key or flag shaped lots shall be allowed if:
a.
The minimum lot size requirements for the appropriate zoning district is in compliance with the requirements of division II-2, zoning districts;
b.
There shall be no portion of the lot that is lesser than a minimum of 20 feet; and
c.
Any such lot is at least 50 feet in width at its building setback line.
(c)
Lot and block identification.
All blocks established in any subdivision shall be designated by number with said numbers being consecutive within the whole subdivision. Lots established within said blocks shall also be numbered with said numbers being consecutive within the block. Lot numbering shall be cumulative throughout the subdivision if the numbering system continues from block to block in a uniform manner.
(d)
Blocks within the Downtown District and 1800 feet East and West of Farm to Market Road 359 and 2000 feet from Farm to Market Road 1093 shall have lengths that are no longer than 500 feet in any direction. Each block shall be separated by a 60-foot wide private or public right-of-way.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)
§ 28-4-7 Development phasing.
(a)
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 tentative phases of development.
(b)
Consistency with preliminary plat.
In considering each subsequent phase shown on a preliminary plat, the planning and zoning commission 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 culs-de-sac, and off-site utility extensions.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-8 Easements.
(a)
Utility easements.
Utility easements are those easements established by plat or separate instrument, which are designed to accommodate facilities necessary to provide various types of utility services to the subdivision. Utility easements include, but are not limited to facilities necessary to provide:
(b)
Location of infrastructure.
The location of infrastructure within a utility easement shall be below grade, except where the requirements of the utility providers require their facilities to be located above grade. All easement locations and their placement shall be resolved with the utility companies prior to preliminary plat approval.
(c)
Location.
Utility easements shall be located in the front of the lot for water and sewer and in the back of the lot for all dry utilities such as natural gas, telephone, electric power, and cable. An alternate location for any of these utility easements may be approved by the planning and zoning commission during preliminary plat submittal. See section 28-7-37, preliminary plats.
(d)
Widths.
(1)
Utility easement width.
All utility easements shall be a minimum of 15 feet unless the requirements of subsection (d)(2) are met which allow for the reduced easement width.
(2)
Reduced easement width.
The city council following a recommendation of the city engineer may allow reduced easement width.
a.
Written request.
The utility provider or developer shall submit a written request to the city council clearly identifying:
b.
Adjacency to previously approved and platted subdivision.
When the subject property is adjacent to a previously approved and platted subdivision under common ownership or where additional easement width was previously dedicated by a separate instrument the required easement width of 15 feet may be reduced to seven and one-half feet. The subdivider shall demonstrate the right to utilize this previously recorded easement by providing the notation on the approved plat for the adjacent property certifying the ownership and dedication of said easement.
(e)
Limitations.
Aerial easements over utility easements shall be limited to electrical power devices that cannot be placed below grade.
(f)
Drainage easements.
All drainage easements shall be:
(1)
Depicted on the plat;
(2)
Located to accommodate the drainage requirements necessary for the proper development of the subdivision and accommodating any natural watershed outside the subdivision;
(3)
Kept clear of fences, buildings, structures, improvements, obstructive vegetation, and other obstructions; and
(g)
Private easements, fee strips.
(1)
Existing easements, fee strips.
a.
All easements or fee strips created prior to the subdivision shall be shown on the plat with notations indicating the name, purpose, facilities, location, and recording information of such easement or fee strip.
b.
Subdividers shall request easement holders to survey the easement when the existing survey dimensions are inaccurate. If the easement holder does not provide a survey, the plat shall provide accurate information as to the centerline location of all existing pipelines or other utility facilities placed in conformance with the easement holder's rights.
(2)
Establishment of special use utility or drainage easements.
A special use utility or drainage easement may be established by plat when such easement is for the purpose of accommodating a utility or drainage facility owned, operated, and maintained by a governmental unit and is restricted to either water mains, sanitary sewers, storm sewers, or other drainage purposes and where it has been determined by the city that these facilities cannot or should not be accommodated within a general purpose public utility or drainage easement or public street right-of-way.
(3)
Private easements.
Easements proposed to be established for any privately-owned utility company or private organization providing utility services and restricted for their exclusive use shall not be created by a subdivision plat; however, such private utility facilities may be accommodated and placed within the general purpose utility easements and public streets established within the plat boundary. Nothing contained herein, however, may prevent such private companies or the subdivider from granting and establishing special or exclusive use easements by separate instrument if such arrangements are deemed necessary to properly serve the subdivision.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-9 Street lights.
(a)
Installation.
(1)
Generally.
Street lights shall be installed within the subdivision at all street intersections, culs-de-sac, and other locations as determined by the commission or the city council.
(2)
Coordination with utility provider.
The subdivision shall utilize the standard light pole design identified by the utility provider. All street lights proposed to be installed, including ornamental street lights, shall be included as a layout in the plan sheets and shall be approved by the city engineer or director of public works prior to submittal by the developer/installer to the utility provider. The utility provider shall not install unless plans have been signed by city engineer or director of public works.
(b)
Street light design.
All street lights shall comply with division III-5, outdoor lighting, and the city's streetlight policy.
(c)
Monthly costs.
(1)
Operation.
The subdivider shall pay the monthly operating costs of street lights until 75 percent of the lots of a platted phased subdivision is occupied and on the city tax rolls.
(2)
Maintenance.
Maintenance costs will be borne by an HOA, where applicable or the developer until 75 percent of the lots of a platted phased subdivision are occupied and on the city tax rolls.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-10 Access management.
(a)
Generally.
Every effort shall be made to ensure developments along these roads share common access points to maintain the capacity of the road by restricting turning movements and shall consider the guidelines established in table 28-4-10-1, access connection guidelines. Public road and street access are required as a part of the site plan process. See section 28-7-19, site plan.
Table 28-4-10-1 Access Connection Guidelines | |||
|---|---|---|---|
Roadway classification | Local public streets and roads | High volume private driveway or private street | Low volume private street or driveway or alley |
Limited Access Roadways/Median Controlled | |||
Expressway (freeway, tollway, etc.) | Connection for a local street is permitted if consistent with spacing for local streets Table 28-4-10-2, Local Street and Driveway Spacing subject to finding that a higher order road is not needed at that location. Coordinate median openings and signal spacing with the City Engineer and the Administrator | Connection generally not permitted; may be permitted in-lieu of local public street on one leg of an intersection if consistent with spacing for local streets and subject to finding that a public street is not needed | Connection not permitted except on interim basis where no feasible alternative access exists; approval of interim access must include agreement for removal of access when local street system is completed or alternate access becomes available |
Major thoroughfare | Connection permitted, but shall be in a location consistent with guidelines for divided road median openings and subject to the finding that major road is not needed at the location | Connection permitted, but shall be in locations consistent with the guidelines for divided road median openings and subject to the finding that a public road is not needed at the location | Connection not permitted if alternative access is available. If no feasible alternative exists, consider approval of one access connection that will serve multiple properties through a joint/ shared access to ensure consistency with spacing requirements |
Limited Access Roadways/Undivided | |||
Arterial | Connection for a local public street is permitted if consistent with spacing for local streets Table 28-4-10-2, Local Street and Driveway Spacing | Require access to lower level road, if available; otherwise one access per parcel subject to driveway spacing in Table 28-4-10-2, Local Street and Driveway Spacing and corner clearance in Table 28-4-10-3, Corner Clearance Standards. If lot frontage is less than the required minimum spacing, consider joint/shared access | Same criteria as for high volume private driveways or private streets |
Other Roadways | |||
Primary collectors | Connection for a local public street is permitted if consistent with spacing for local streets Table 28-4-10-2, Local Street and Driveway Spacing | Access connections permitted if consistent with spacing requirements in Table 28-4-10-2, Local Street and Driveway Spacing and in Table 28-4-10-3, Corner Clearance Standards | One access per parcel is permitted subject to minimum spacing requirements in Table 28-4-10-2, Local Street and Driveway Spacing and in Table 28-4-10-3, Corner Clearance Standards |
Residential local streets | Connection for a local public street is permitted if consistent with spacing for local streets Table 28-4-10-2, Local Street and Driveway Spacing | Access connections permitted if consistent with spacing requirements in Table 28-4-10-2, Local Street and Driveway Spacing and in Table 28-4-10-3, Corner Clearance Standards | One access per parcel subject to minimum property line spacing of 25 feet |
Downtown District | Connection for a local public street is permitted if consistent with spacing for local streets Table 28-4-10-2, Local Street and Driveway Spacing | Driveways servicing Commercial and mixed-use developments within the downtown district shall be shared and split down the property line. Only one driveway shall be permitted along each side of a block, unless impractical as determined by the City Engineer and Administrator. The maximum width of a driveway shall be 16 feet where the driveway meets the public right-of-way. | Driveways servicing Commercial and mixed-use developments within the downtown district shall be shared and split down the property line. Only one driveway shall be permitted along each side of a block, unless impractical as determined by the City Engineer and Administrator. The maximum width of a driveway shall be 16 feet where the driveway meets the public right-of-way |
(b)
Degree of compliance.
If the width of a lot or other constraint prevents individual access, then common access shall be provided via joint access and/or cross-access easements. Even if common access does not achieve compliance with this section, it shall be utilized if it creates a wider spacing between access points than would be provided in the absence of common access.
(c)
Alternative access for corner lots.
Lots that abut intersections of arterial streets and local streets shall take access from the local street if the access meets the other requirements of this section.
(d)
Timing of compliance with this division.
(1)
New development and subdivision shall demonstrate compliance with this division for each required development approval.
(2)
Properties with access connections that do not meet the requirements of this division 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:
a.
A connection permit is required.
b.
Site plan review or development plat is required.
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:
i.
An estimation based on the institute of traffic engineers (ITE) trip generation manual (latest edition) methodology for typical land uses;
ii.
Traffic counts made at similar traffic generators located in the city; or
iii.
Actual traffic monitoring conducted during the peak hour of the adjacent roadway traffic for the property.
(3)
If the principal use on a parcel with access connections that do not meet the regulations of this division 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 division to the greatest extent possible.
(e)
Application to state streets.
The standards of this division shall apply equally to streets operated by the Texas Department of Transportation or 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.
(f)
Street access limitations.
Rear and side vehicular driveway access from lots to adjacent streets designated as major thoroughfares or any other public street which carries a traffic volume where additional vehicular driveways would create a traffic hazard or impede the flow of traffic shall not be approved and such access restriction shall be noted directly upon the plat.
(g)
Minimum spacing of access points.
For sites with insufficient road frontage to meet the minimum spacing requirements, consideration shall first be given to providing access with the utilization of a joint or shared driveway with an adjacent property that meets the recommended spacing requirement, or development of a private road to serve multiple properties as shown in table 28-4-10-2, local street and driveway spacing.
Table 28-4-10-2 Local Street and Driveway Spacing | ||||
|---|---|---|---|---|
Road Classification | Minimum Connection Spacing (feet) | Posted Speed Limit | ||
< 35 mph Minimum (feet) | 35—45 mph Driveway | > 45 mph Spacing | ||
Minimum Driveway Spacing (feet) | ||||
Arterial | 880 | 480 | 800 | 1,000 |
Primary collector | 480 | 125 | 200 | 275 |
Residential local streets | 330 | N/A | N/A | N/A |
Table Notes: |
|---|
mph = Miles Per Hour |
For sites with insufficient road frontage to meet the minimum spacing requirements, consideration shall first be given to providing access with the utilization of a joint or shared driveway with an adjacent property that meets the recommended spacing requirement, or development of a private road to serve multiple properties. |
(h)
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 28-4-10-1, measurement of access connection spacing for arterial streets.
Figure 28-4-10-1 Measurement of Access Connection Spacing for Arterial Streets |
|---|
 |
(i)
Access spacing, opposite sides of street.
In order to prevent conflicting left-turn movements, connections on opposite sides of collector and arterial streets shall be directly opposite each other or offset by a distance of at least 75 feet, unless a median prevents the potential conflicts.
(j)
Corner clearance requirements.
(1)
Generally.
Table 28-4-10-3, corner clearance standards, defines the minimum corner clearance that shall be required for a proposed access point which may vary based on the speed the roadway was designed to accommodate and whether or not the median is divided or undivided. Figure 28-4-10-2, measurement of corner clearance spacing for arterial streets, provides a visual graphic of how the standards are applied.
Table 28-4-10-3 Corner Clearance Standards | |||||||
|---|---|---|---|---|---|---|---|
Road Classification | Median Area | Less than 35 mph | 35 to 45 mph | Greater than 45 mph | |||
A | B | C | D | E | F | ||
Expressway (freeway, tollway, etc.)/arterial | Divided | N/A | N/A | 400 | 275 | 500 | 375 |
Arterial | Undivided | 225 | 175 | 300 | 235 | 375 | 300 |
Primary collector | Undivided | 100 | 75 | 125 | 100 | 175 | 125 |
Residential local streets | Undivided | 50 | 25 | N/A | N/A | N/A | N/A |
Figure 28-4-10-2 Measurement of Corner Clearance Spacing for Arterial Streets |
|---|
 |
(2)
Alternative compliance.
If the amount of lot frontage is insufficient to meet corner clearance requirements, the following alternative means of access shall be considered:
a.
A joint or shared access point option is consistent with the corner clearance guidelines can be achieved. Where this is not feasible due to parcel size or the existing adjacent development, the driveway shall be constructed along the property line farthest from the intersection to encourage future shared use or private road development.
b.
If the absence of a reasonable opportunity for shared access is impractical, then right-in, right-out access may be permitted at the farthest available point away from the intersection. For example, a light automobile use (e.g., a fueling station) that cannot establish shared access with neighboring properties may be permitted to have two right-in, right-out access points (one on each frontage), provided that they are located as far away from the intersection as possible.
(k)
Access points along turn lanes.
Irrespective of the local street and driveway spacing requirements in table 28-4-10-2, local street and driveway spacing, and the corner clearance requirements in table 28-4-10-3, corner clearance standards, access points shall not be approved within any turn lane, including taper sections, except where no other reasonable or suitable access is available.
(1)
Field access and temporary access points.
An access point permit may be issued for a field access. The review shall take into account the proximity of the adjacent driveways and intersecting streets, factors such as grades and sight distance availability, as well as traffic volumes along the adjacent roadway.
(2)
Seasonal or limited duration.
The city may grant an access point permit for seasonal or limited duration uses on a case by case basis. Approval of such access shall take into account the proximity of the adjacent driveways and intersecting streets, factors such as grades and sight distance availability, as well as traffic volumes along the roadway. Access point permits for seasonal or limited duration uses shall be temporary in nature, with time limits or other conditions limiting the duration of the permit established as part of the permit approval process.
(l)
Design and location guidelines for access points.
The following factors shall be considered by the city in assessing the suitability of a proposed access point when reviewing a request for an access point permit.
(1)
Offset access points.
On undivided roadways, access points on opposing sides of the roadway should be aligned with one another or offset an adequate distance to minimize overlapping left turns and other maneuvers that may result in safety hazards or operational problems.
(2)
Adequate sight distance.
An access point shall be located so as to provide adequate intersection sight distance.
(3)
Auxiliary lanes.
The city may require auxiliary lanes (left or right turn lanes, acceleration lanes) where deemed necessary due to traffic volumes or where a safety or operational problem is expected without such lane.
(4)
Substandard frontage.
If lot frontage is inadequate to provide the required minimum spacing, access must be provided via a joint or shared access easement with an adjacent property, unless a modification of access standards is granted.
(5)
Future development.
To maintain minimum spacing requirements between commercial accesses when future development occurs, a proposed commercial access point may be approved subject to the condition that it serves adjacent property via a joint/shared access located on the common property line or a cross access easement.
(6)
Easements for joint access.
When required to provide a joint or shared access, the property owners must record an easement allowing cross access to and from the properties served by the shared driveway or cross access. The easement must include a joint maintenance agreement defining the responsibilities of the property owners.
(7)
Restricting left turns.
Left turning movements to or from a proposed access point may be restricted at the time of construction or at a future date based upon existing or anticipated roadway operating conditions.
(8)
Angle of approach.
Accesses shall be aligned to be straight and perpendicular to the centerline of the abutting roadway to the extent feasible.
(9)
Auxiliary features.
Signs, entrances, medians, fencing, etc., shall be placed or constructed outside the right-of-way.
(10)
Commercial access design.
Commercial access must be designed so that backing, loading, unloading and other maneuvers are accommodated on-site and not using any public right-of-way, and the access shall provide adequate stacking distance to prevent entering or exiting vehicles from obstructing the flow of traffic on the right-of-way.
(11)
Commercial access geometrics.
The geometries of commercial access shall provide adequate width, grade, and radii to accommodate all vehicles that will access the site.
(m)
Access control dedicated on plats.
Subdivision plats approved after the effective date of this CDO shall include the dedication of access control rights to the city along abutting rights-of-way. The dedication may be accomplished by a general note on a final plat. See section 28-7-36, final plats.
(n)
Access to homes in residential subdivisions.
When a residential subdivision is proposed abutting any road, it shall be designed so as to provide lots directly abutting the roadway with access from an interior local road or private road.
(o)
Requirements for business and retail centers, school or institutional uses, or multifamily residential complexes.
Development sites consisting of multiple structures under the same ownership or consolidated for the purposes of site development shall not be considered separate properties in relation to the standards of this subdivision. The number of access points permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available based on the existing frontage. Direct access for buildings should be internalized within the site using a shared circulation system that is designed to avoid excessive conflict between circulating traffic and parking maneuvers. Access control limiting direct access for individual building sites within the center or complex to the right-of-way shall be dedicated to the city as part of the development approval process and recorded with the deed at the county clerk's office.
(p)
Modifications to spacing standards.
(1)
Additional conditions.
The city may attach additional conditions to the approval of a request as deemed necessary to promote the spirit and intent of this subdivision, including, but not limited to:
a.
Other conditions based on the conclusions and recommendations of a traffic impact study.
b.
The access may be required to serve existing or future adjacent property by means of a shared entrance or cross access easement;
c.
Certain turning movements to and from the access may be restricted at the time of construction or at a future date, based upon existing or anticipated traffic volumes (i.e., right-in right-out access points);
i.
The access may be approved as an interim access to be phased out at a future time;
ii.
A second access point may be approved for a parcel under single ownership where, due to restrictions created by topography or natural features such as a river or bluff, the parcel is effectively split for purposes of use into two separate and non-connected land areas that cannot be reasonably connected internally for access purposes.
iii.
Deviations up to 200 feet may be authorized where a property is unable to meet the minimum access point spacing standards and where this deviation will not create a safety problem.
(2)
Nonconforming access.
a.
Purpose.
The purpose of this subsection is to recognize the existence of access points which were lawful when established but do not meet the regulations of this subdivision, to discourage the expansion and intensification of such access points, and to encourage the elimination of nonconforming access points or reduce their negative impacts on the road system as the opportunity to do so arises.
b.
Continuation of nonconforming access.
Access points in place as of the effective date of the ordinance from which this subdivision is derived that do not conform with the regulations contained herein shall be allowed to continue as long as the access point remains unchanged or the land use served by the access point remains unchanged. Normal maintenance and repair of the access shall not be considered to be a change in the access point.
c.
Discontinuation of nonconforming access.
If the use of a nonconforming access point is discontinued for more than one year, the access shall not be re-established unless approval of an access permit is obtained.
(3)
No use of the right-of-way.
a.
Cultivation.
No person may cultivate, plant, harvest, or maintain agricultural crops, trees, bushes, flowers, or shrubs within a right-of-way.
b.
Landscaping.
No person may cultivate, plant, or maintain grasses, flowers, vegetables, or other vegetation in any manner that obstructs visibility of a road or otherwise interferes with, obstructs, or renders dangerous for passage a right-of-way. No person may place watering systems or sprinkler heads within a right-of-way unless approved by the city.
c.
Obstructions.
No person may place, maintain, or allow any obstruction in a right-of-way other than those specifically permitted by this subdivision, by state law or rule, or by written approval of the city council. Items prohibited by this section include, but are not limited to, fences, posts, structures, piled materials, hay bales, vehicles, trailers, campers, equipment, or any other items whether or not such item interferes with the safe use or the maintenance of the right-of-way. No person shall park a functioning vehicle in a right-of-way in such a way as to unreasonably interfere with the safe use of a road or the maintenance of the right-of-way.
d.
Alteration of grade.
No person may alter or change the depth or contour of any portion of any ditch or embankment in a right-of-way without written approval of the city engineer.
e.
Mailboxes.
Mailboxes are permitted within a right-of way if they do not interfere with, obstruct, or render dangerous for passage a road. Mailboxes must be placed at the edge of the paved portion of the right-of-way and outside of the clear view triangle. Mailboxes placed within a right-of-way must comply with all applicable federal and state standards. The city may remove mailboxes at the owner's expense that do not comply with the standards as provided.
f.
Approaches.
No person may construct an approach to a road without first obtaining approval by the city engineer. The city engineer may require a map or drawing of the existing or proposed approach.
g.
Culverts.
Any person constructing an approach may be required to install a culvert meeting the specifications set out by the city engineer if the city engineer determines a culvert is necessary for suitable approach to the road and to promote adequate drainage of the right-of-way.
h.
Costs.
A person constructing or reconstructing an approach to an existing road shall be responsible for paying all of the costs related thereto, including the cost of seeking all necessary approvals and the cost of a culvert if one is required. Property owners are responsible for maintaining all approaches and associated culverts on their property at their own cost.
i.
Headwalls.
No person may construct or reconstruct any headwall in a way that interferes with the safe use or maintenance of a right-of-way.
j.
Permission.
Any person receiving a permit from TXDOT or the city must comply with all applicable federal, state, and local laws and rules as well as all applicable city ordinances, resolutions, specifications, regulations, and policies.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-4-11 Sidewalks, ramps, and accessibility.
(a)
Generally.
Concrete sidewalks are required along both sides of all public and private streets and are to be completed concurrently with either adjacent public or private development.
(b)
Location of sidewalks.
(1)
Sidewalks shall be provided between the right-of-way line and the edge of pavement. Generally, the outer edge of the sidewalk shall abut or be no more than one foot from private property lines.
(2)
Sidewalks may meander into the right-of-way to protect the root systems of mature trees, provided that no sidewalk is located closer than three feet to the back of curb (or edge of pavement if no curb is present). An exception to the three feet requirement shall exist only when a sidewalk is located within a cul-de-sac. In this circumstance, then the sidewalk can be no closer than two feet to the back of the curb. The provisions of this subsection shall not reduce the right-of-way width requirement.
(3)
Sidewalks shall also be installed in pedestrian access easements when sidewalks are required and they cannot be built within the existing rights-of-way.
(4)
Sidewalks shall be provided for safe and convenient access for persons with physical disabilities, including those persons confined to a wheelchair. Curb ramps shall be constructed at all street intersections in accordance with standard details provided in the city engineering design standards. All sidewalks shall conform to and be in compliance with the Americans with Disabilities Act (ADA) requirements and standards.
(c)
Completion of sidewalk networks.
Adequate provision shall be made to ensure the timely completion of the sidewalk network associated with development. For subdivisions, the surety shall not be released until the sidewalk is completed.
(d)
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 commission 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.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-4-12 Construction standards.
(a)
Generally.
The intention of these standards is to define minimum requirements for street, utility, and drainage construction in new subdivisions within the jurisdiction of the city. These standards are supplementary to this division, including subsequent amendments. These standards may be updated from time to time in order to meet industry standard.
(b)
Grading permit.
A grading permit is required for any grading of two acres or more, or that alters the natural drainage flow or as part of any new construction. Prior to grading permit issuance, an application, permit fee, approved grading plan, and stormwater management plan must be on file. Additionally, at the discretion of the City Engineer, the applicant may be required to submit to the Fort Bend County Drainage District.
(c)
Street paving.
The following minimum standards apply to subdivision street paving:
(1)
Type.
Street paving shall be six inches of reinforced concrete surface with concrete curb and gutter.
(3)
Cross-section.
A standard cross-section for a residential street is shown in the city's standard paving detail sheet, which is on file in the city secretary's office. Cross-sections for secondary and major streets shall be proportioned similarly. At intersections, curb return radius shall be 25 feet; at culs-de-sac, 45 feet.
(4)
Concrete.
Concrete used for street paving shall meet the following minimum requirements:
a.
Reinforcing steel shall be constructed from:
i.
Material.
Open hearth new billet steel.
ii.
Yield strength.
60,000 pounds per square inch (PSI), minimum.
iii.
Splices.
24 bar diameters.
iv.
Bar size and spacing.
No. 4 bars at 24-inch centers, each way, minimum. Streets shall be designed based upon the subgrade and load use of street. Wire mesh is prohibited.
v.
Bar support.
Metal or plastic "chairs" shall be used to hold bars in position during placement of concrete.
c.
Cement.
Cement shall be type I (normal) Portland cement, or with city engineer's approval, type III (high early strength).
d.
Aggregate coarse and fine aggregate.
Aggregate coarse and fine aggregate shall meet the requirements of State Highway Department standard specification "Item 360" for concrete pavement.
e.
Jointing.
Jointing shall meet the following minimum requirements:
f.
Curing.
The utilized curing method shall retain at least 97 percent of moisture at 24 hours, at least 95 percent at three days, and at least 91 percent at seven days American Society for Testing and Materials (ASTM) procedure C-5.
g.
Testing.
Concrete shall be tested by three cylinders every 100 cubic yards of concrete or portion thereof; testing lab is to be supplied by the developer.
h.
Placement.
Concrete shall not be placed on frozen subgrade; when air temperature is 38 degrees Fahrenheit or below; when air temperature is below 42 degrees Fahrenheit and declining; when finishing cannot be completed during natural daylight.
(5)
Subgrade.
a.
All subgrade shall be rolled by the appropriate rolling machinery.
b.
Subgrade shall achieve at least 95 percent of maximum density (standard proctor density test).
c.
Lime stabilization shall be required when plasticity index (PI) of subgrade soil exceeds 18.
d.
Cement stabilization shall be required when low PI "spongy" or wet soils are present.
e.
Subgrade shall not be allowed to dry before concrete or base is placed, nor shall concrete or base be placed on frozen subgrade.
f.
Density tests shall be performed at 300 linear foot intervals, or closer when requested by the city engineer. Density tests shall be:
(d)
Sidewalks.
Sidewalks shall meet the following minimum standards:
(2)
Subgrade.
Subgrades shall consist of a minimum of two inches of compacted sand.
(3)
Cross slope.
Cross slopes shall be a maximum of one-fourth-inch per foot, toward the curb. Slopes on sidewalks must be ADA compliant.
(4)
Reinforcing.
Reinforcing shall be #4 rebar at no greater than 24 inches cut-to-cut (C-C) supported by either chairs or concrete masonry unit (CMU) bricks. Wire mesh is prohibited.
(5)
Load transmission devices (dowels).
Load transmission devices shall be #4 rebar, 12 inches long, embedded six-inch either side of expansion joint, one end shall be sleeved. Set load transmission devices 12-inch C-C, maximum.
(6)
Expansion joints.
Expansion joints shall be spaced ten feet C-C and are to be sound heart redwood, three-quarter-inch thick with OA 90 asphalt or approved sealer.
(7)
Control joints.
Control joints shall be cut (one-quarter inch by one-half-inch) at no greater than five feet C-C spacing.
(8)
Location.
As shown on a standard detail sheet.
(e)
Water system.
The following minimum standards apply to water system extensions within the city:
(1)
Main lines.
a.
Diameter.
The minimum diameter of all water mains shall be six inches.
b.
Depth.
The minimum depth of all water mains shall be 42 inches of cover below final grade.
c.
Material.
Water mains shall be constructed of C-900 polyvinyl chloride (PVC) DR18 or C-905 PVC DR-18 for pipe larger than 12 inches.
d.
Location.
The location shall be as shown on the standard detail sheet.
e.
Main lines.
Mains shall be looped with no dead-end serving more than four lots.
(2)
(3)
Fire hydrants.
b.
Type.
Hydrants shall be Mueller brand, three-way five and one-fourth-inch barrel with four and one-half-inch steamer (pumper) nozzle and two two-and-one-half-inch hose nozzles and utilize a counter-clockwise opening, mechanical joint. Each fire hydrant shall have an individual gate valve (with an adjustable riser box) located within four feet of the fire hydrant.
(4)
Fittings.
a.
Material.
Hydrants shall be constructed of a cast iron, cement-lined, mechanical joint. All fittings shall be thrust blocked with concrete. All fittings shall be wrapped with plastic or similar materials to prevent concrete from adhering to the mechanical joint connection components.
b.
Pressure rating.
Hydrants shall be rated to 250 PSI.
(5)
Services.
a.
Corporation stops.
Corporation stops shall be a Mueller H-15000.
b.
Curb stops.
Curb stops shall be a Mueller H-15275, ending in an approved concreted or plastic meter box. (All boxes in new development are to be of the same materials.)
c.
Meter nipple.
The required meter nipple shall be a Mueller H-10890G.
d.
Pipe material.
Pipe material shall be a soft copper or polyurethane.
e.
Minimum service size.
See the minimum line size per rate schedule.
f.
Meter box.
A concrete or plastic meter box of appropriate size is required.
g.
Curbs.
All curbs shall be marked to indicate the location of the water services for each individual lot.
(6)
Backfill.
a.
Under streets.
Water lines shall be wrapped with a six-inch layer of bank sand. The remainder of trench to be filled with 1.0 sack, 100 PSI per cubic yard cement stabilized sand, compacted to 95 percent proctor.
b.
Other locations.
Water lines shall be wrapped with a six-inch layer of bank sand. The remainder of trench to be filled using compacted native soil. Sandy soil must be water jetted; other soils may be compacted by rolling with a "caterpillar" tractor or similar method.
c.
All trenches shall be compacted to 95 percent standard proctor.
(f)
Sanitary sewer system.
All homes shall be connected to the city's central sanitary sewer system. The following minimum standards apply to sanitary sewer extensions with the city:
(1)
Main lines.
a.
Diameter.
Sanitary sewer lines shall have a minimum diameter of six inches.
b.
Minimum depth.
The minimum depth of all sanitary sewer lines shall be four feet, zero inches. Exceptions may be made on depth with city public works director approval.
d.
Testing.
All sanitary sewer lines must be air-tested and pass deflection testing 30 days (or longer) after installation. The city reserves the right to require filming of any sewer installation, at the developer's expense.
(2)
Manholes.
b.
Spacing.
One manhole shall be located at 400 linear foot intervals and at changes in direction or size of the main line.
e.
Bedding.
Bedding shall be made of cement stabilized sand (one and one sack per cubic yard). The minimum thickness shall be 12 inches and shall be compacted in a maximum of eight-inch lifts.
f.
Manhole ring and lid.
The manhole ring and lid shall meet the following:
i.
A 32-inch diameter cast iron ring using an approved sealant shall be installed.
ii.
When installed in pavement the ring and cover shall be adjusted cover to grade. (The city may require infiltration prevention measures, to be decided on a case by case basis. If they are required, the developer must pay for them.)
iii.
When installed in unpaved areas, the ring and cover shall be set at least six inches above surrounding grade, sloping grade away from the manhole.
iv.
Approved manhole lid.
All installed manhole lids shall have the city-approved top (see detail sheet).
g.
Backfill.
One sack per cubic yard of cement stabilized sand compacted in eight-inch lifts. The top three inches shall be uncompacted cement stabilized sand. Cement stabilized sand shall be brought up to within two-foot of top of manhole.
(3)
Services.
b.
Material.
All services shall be constructed of Sch. 40 or SDR 26 PVC.
c.
Fittings required.
All fittings shall be wye, bend, and plug.
d.
Stack required.
Where sewer depth exceeds six feet, zero inches.
e.
Marking.
"As built" plans shall state that the locations of services shall be marked with four-inch by four-inch oak timbers and extending two feet aboveground for each service. Painted with bright color paint. (Capped four-inch diameter PVC pipe may be used in lieu of oak timber.) Curb is to be marked to indicate the location of the sanitary sewer service.
f.
Bedding.
Bedding shall be made of cement stabilized sand (one sack per cubic yard). The minimum thickness shall be one-half of the pipe diameter beneath the pipe (in no case less than six-inch thickness) and to the centerline of the pipe.
(4)
Backfill.
Same as for water systems.
(5)
Location.
Except in unusual circumstances and after recommendation by the city engineer, sanitary mains shall be located in the front of lots. They shall be placed within street right-of-way opposite water mains. If authorized to be placed at rear of lot, mains shall be no closer than five feet to the easement boundary.
(g)
Drainage.
The following minimum standards apply to drainage construction within new subdivisions. The city has adopted the county drainage district's criteria manual and all drainage calculations and plans shall be approved by the drainage district.
(1)
Storm sewers and culverts.
Storm sewers and culverts shall meet the following minimum requirements of the current Fort Bend County Drainage Criteria Manual:
e.
Box culverts.
Box culverts shall be "Ram-Nek" type asphaltic sealer or approved equal with joints to meet state department of highway specification.
f.
Bedding.
All storm sewer shall be bedded with one and one-half sack per cubic yard of cement stabilized sand, compacted to 12-inch thickness, minimum.
g.
Backfill.
All storm sewer piping shall be backfilled to a minimum of 12 inches over the top of the pipe with one and one-half sack per cubic yard cement stabilized sand, compacted by mechanical means. When using HDPE pipe, caution shall be taken to ensure proper bedding and backfill to meet the manufactures recommendations to provide the structural support necessary.
h.
Junction boxes and manholes.
Junction boxes and manholes shall be:
i.
Access covers.
Access covers shall be 24-inches in diameter and cast-iron ring and cover with the word "storm" cast into the cover.
(2)
Open channels.
b.
Lined channels.
Lined channels shall have:
i.
A minimum bottom slope grade of 0.05 percent;
ii.
Lining material constructed of five-inch thick concrete with #3 bars at 18 inches, center to center. With the approval of the city, pre-cast concrete pavement may be used in lieu of concrete;
iii.
Concrete characteristics of the same requirements for street paving as stated in subsection 28-4-12(b)(4)b.; and
iv.
A minimum easement top width of plus 12 feet on one side and four feet on the opposite side.
(3)
Design criteria.
Storm drainage facilities shall be designed to meet the following requirements:
(4)
Detention/retention ponds.
Where ponds are required to meet drainage standards, the shoreline shall encompass native or naturalized grass species and significant use of aquatic plant species to prevent erosion, promote wildlife activity, and provide visual appeal.
(h)
Street signs.
For uniformity, all street signs within the City Limits of Fulshear shall be ordered through the city, and shall be in line with the city's established branding/signage policy. The cost of signs and initial erection are the responsibility of the developer. Signs are required at each street intersection. Such signs shall meet TxMUTCD standards.
(i)
Regulations and other entities.
These construction standards are not intended to replace the regulations of state or federal governmental entities whose jurisdiction includes new subdivisions within the jurisdiction of the city.
(j)
Specific construction standard requirements.
See the city's construction design manual.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1433, 9-19-2023)
§ 28-4-13 Utilities and improvements.
(a)
Generally.
All improvements required by this article, any other city ordinance, the city's comprehensive plan, the county, the state, or any other governmental entity having jurisdiction over the subdivision, or any improvement which, in the judgment of the planning and zoning commission or city council, is necessary for the adequate provision of streets, drainage, utilities, city services, and facilities to serve the subdivision shall:
(1)
Be constructed at the sole expense of the developer unless the city determines oversizing is necessary; and
(2)
Comply with the rules and regulations of any entity having jurisdiction over the subdivision. If there is a conflict between the regulations of jurisdictions, the city's regulations shall apply unless otherwise provided by law.
(b)
Oversizing of improvements.
(1)
The city shall not design, construct, or expend funds for any improvements within a subdivision, except when the city determines that oversized improvements are necessary to serve development beyond the subdivision being platted. If the city determines that oversized improvements are necessary, the developer shall construct and pay for the oversized improvements required by the city. The city shall reimburse the developer the costs of constructing the oversized improvements once the improvements have been constructed and the city has inspected and accepted such improvements. The city shall reimburse the developer for any accepted oversizing within one year of the date of city acceptance.
(2)
In the case of phased development and platting, the city may require that oversized improvements be constructed at the initial development and platting phase or any subsequent development and platting phase.
(3)
A determination of whether oversized improvements are necessary shall be made, if possible, during the preliminary plat phase.
(c)
Potable water and sanitary sewer systems.
(1)
Applicable governmental standards.
Potable water and sanitary sewer systems shall be designed and constructed in accordance with the applicable standards of the city, county, the state, and any municipal utility district (MUD), as applicable.
(3)
Connection within 300 feet.
Regardless of the size of the lot, any lot within 300 feet of the city's potable water system or sanitary sewer system shall be required to tie into those systems and shall pay all applicable costs associated with such unless the property currently has a properly functioning private water well and septic tank system.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-14 Monuments and markers.
(a)
Generally.
Monuments shall be placed to mark the following:
(b)
Monument requirements.
The following guidelines apply to artificial monuments to be set.
(1)
Materials.
Iron rods, five-eighths-inch in diameter and three feet long, shall be placed on all boundary corners, block corners, curve points, and angle points. 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.
(c)
Monument installation.
Monuments must be set vertically 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.
(d)
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.
(e)
Benchmarking.
(1)
When required.
For all subdivisions of five lots or more, a permanent benchmark shall be accessibly placed, the elevation of which shall be based on mean sea level as determined by the U.S. Geological Survey (USGS) and accurately noted on the subdivision plat. Permanent benchmarks shall be brass capped, set in concrete, with a minimum dimension of six inches in diameter, 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.
(2)
When not required.
Where no benchmark is established or can be found within 300 feet of the boundary of the subdivision, such benchmark 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.
(f)
Lot [markers].
Lot markers shall be five-eighths-inch or greater reinforcing bar, 24 inches long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground if necessary, in order to avoid being disturbed.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-15 Common open space.
(a)
Requirement.
When the creation of common open space is required as part of a development, a ten-foot buffer of property next to any natural waterway is required to be a portion of the property designated as common open space within a development. This property shall be designated as passive recreational space to create a connected greenway system throughout the city and the ETJ. All pipeline, electrical powerline, and former railroad corridors no longer in use for transportation shall be set aside and utilized as pedestrian trails to the extent not prohibited by the requirements of the pipeline, electrical powerline, or railroad interest in effect.
(b)
Design.
(1)
Integrated into overall design.
Generally, common 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 common open spaces may be limited if such limitations would materially enhance natural resource management.
(2)
Greenways.
Common 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)
Community focus points.
Common open spaces designed to be community focus points shall be designed to provide areas of communal gatherings. Landscaping, furniture, and amenities for pedestrians shall be installed to enhance this effect.
Figure 28-4-15 Integrated Open Space |
|---|
.tiff.png "028 Figure 28-4-15(1).tiff") |
.tiff.png "028 Figure 28-4-15(2).tiff") |
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1423, 5-16-2023)
§ 28-4-16 Parkland dedication.
(a)
Applicability.
This section shall be applicable to all recreational areas in the form of neighborhood parks, regional parks, and trail systems linking public areas and subdivisions, as a function of subdivision development within the city and the city's extraterritorial jurisdiction.
(b)
Neighborhood parks.
Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The city council shall adopt park zones, which shall be shown on an official parks and recreation map for the city. Such park zones are prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities.
(c)
Regional parks.
Regional parks are those parks not primarily serving a specific neighborhood, but rather designed to serve the entire city and the city's extraterritorial jurisdiction, such as ballparks, soccer fields, and trail systems which connect various neighborhoods.
(d)
Municipal utility district park dedication.
Parks dedicated to a municipal utility district shall be considered public parks.
(e)
Land to be used for single-family, duplex, or multifamily residential purposes.
(1)
Final plat.
Whenever a final plat is filed in the county real property records for development of a residential area in accordance with this division, such plat shall contain a clear fee simple dedication of an area of land to the city (or to a municipal utility district) for neighborhood park purposes, which area shall equal one acre for each 60 proposed dwelling units. Any proposed plat submitted to the city for approval shall show the area proposed to be dedicated under this section. The required dedication of this section may be met by a payment of money in lieu of land, the pledge of security guaranteeing a future dedication of park land, or the provision of private neighborhood park land when permitted or required by the other provisions of this section.
(2)
Areas of less than five acres.
In instances where an area of less than five acres is required to be dedicated the city shall:
a.
Accept or reject the dedication of such public park within 60 days following approval of the preliminary plat after consideration by the planning and zoning commission and the city council.
b.
In the event the city determines that sufficient park area already is in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks, then the proposed dedication will be disallowed and the developer shall be required to make payment of cash in lieu of land.
(3)
Additional dwelling units.
If the actual number of completed dwelling units exceeds the figure upon which the original dedication was based, such additional dedication shall be required, and shall be made by payment of the cash in lieu of land.
(f)
Money in lieu of land dedication for neighborhood parks.
(1)
Fee-in-lieu.
Subject to approval of the city council, a developer responsible for dedication of neighborhood park land under this division may elect to meet the requirements of this section, in whole or in part, by a cash payment in lieu of land, in the amount of $350.00 per dwelling unit. Such payment in lieu of land shall be made at or prior to the time of final plat approval; provided, however, the developer may elect to record upon the final plat the following notation:
(2)
Timing of permit issuance.
a.
No building or other permit, except permits for construction of public improvements, will be issued by the City of Fulshear, Texas, for construction within the subdivision until such time as the payment of money in lieu of park land required has been submitted to and accepted by the city.
b.
In the event the developer places the above notation upon the final recorded plat of the subdivision in lieu of making the payment of money in lieu of park land, the city shall not issue any permits for construction within the subdivision, except permits to construct public improvements, until such time as the payment of money in lieu of park land required by this division is submitted to and accepted by the city.
(g)
Purchase of park land.
The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land within a park zone, subsequent park land dedications for that zone shall be in cash only and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The cash amount shall be equal to the sum of:
(1)
Average land price.
The average price per acre of such land, the actual cost of adjacent streets and on-site utilities, or an estimate of such actual cost provided by the city.
(2)
City reimbursement.
Once the city has been reimbursed entirely for all such park lands within a park zone, this subsection shall cease to apply, and the other subsections of this section shall again be applicable.
(3)
Per dwelling unit cost.
To the extent that the subsection above is not applicable, the dedication requirement shall be met by a payment in lieu of land computed on the basis of $450.00 per dwelling unit.
(h)
Private neighborhood park land in lieu of dedicated park land.
A developer responsible for dedication under this division may elect to meet up to 50 percent of the requirements by the provision of private neighborhood park land. Credit for private park land will be governed by 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. Land or facilities that are excluded to a portion of the subdivision residents will not be considered as private neighborhood park land.
(2)
Unencumbered.
Land which is unencumbered by easements, detention areas, lake and drainage channel borders, or other similar characteristics will qualify for private neighborhood park land at full credit. 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)
Encumber land.
Land which is encumbered by easements, detention 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.
a.
Pipeline or utility easements, or areas along lake borders and drainage ditches shall have:
i.
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;
ii.
An average minimum width of 30 feet and a minimum width of 20 feet; and
iii.
Side slopes not to exceed a three to one ratio, unless otherwise approved by the city.
b.
Maintenance responsibility for areas offered as private neighborhood park land must be identified with the submission of a preliminary plat.
c.
Land offered for private neighborhood park land credit, which is less than three acres in size, is generally discouraged unless it is an integral part of the private park and open space provisions of the subdivision. A list of landscaping and other improvements of special uses planned for areas of land less than one-half acre in size shall be submitted with the preliminary plat.
(i)
Contribution for regional parks.
In addition to the provisions for neighborhood parks by dedication of land or the payment of fees in lieu thereof as described above, a developer shall contribute an additional $1,265.03 per dwelling unit for the development of regional parks ("regional park fee"), which shall be due and payable at the time a final plat application is submitted. A final plat application may be deemed incomplete if payment of the regional park fee has not been made.
(j)
Special funds, right to refund.
(1)
Deposits.
There is established a special fund for the deposit of all sums paid in lieu of park land dedication, which funds shall be known as the "park land dedication fund" and the "regional park fund." The city may establish additional subfunds as it deems appropriate to track funds for different zones or different regional parks.
(2)
Accounting.
The city shall account for all sums paid in lieu of park land dedication under this division with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city for acquisition and development of parks. Such funds shall be considered to be spent on a first in, first out basis for each park zone.
(k)
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, the drainage area has sidewalks allowing for pedestrian 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 ready access to a public street.
(l)
Exactions.
If the city requires as a condition of plat approval that the developer bear a portion of the costs of city infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by the city's engineer. The city's engineer may make his individualized determination as to the amount of infrastructure improvements required by the developer before any final plat is submitted.
(m)
Parks, playground, schools, and other public facilities.
(1)
Parks and playground.
A subdivider shall be required to provide open space for park purposes or dedicate funds for parks as set out in this article.
(2)
Schools.
The location, size and shape of any proposed school site shall be in accordance with the master plan of the city and the county, as amended or supplemented, as approved by the planning commission and finally accepted by the city council, Lamar Consolidated Independent School District or Katy Independent School District, as applicable.
(3)
Public facilities and other special land uses.
The location, size and shape of any proposed public facility or other special land use site shall be in accordance with the comprehensive plan for the city and the county, as amended and supplemented, as approved by the planning commission and finally accepted by the city council.
(4)
City park/trail naming.
All parks, park facilities, and trails to be owned or maintained by the city shall be named by the city council, subject to a recommendation of the parks and recreation commission. Consideration shall be given to Fulshear's history, events or activities that have been of significance to the area, the geographic and natural features of the area, and persons who have had a positive impact on the Fulshear community.
(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1423, 5-16-2023; Ord. No. 2023-1433, 9-19-2023)
§ 28-4-17 Maintenance associations.
(b)
City's limited right of approval.
The city shall have a limited right of approval concerning the incorporation documents for a property owners' association that is proposed to be enacted within its city limits. This right of approval is limited only to the items specifically listed in subsection (d) below which directly affects the city.
(c)
No dispute intervention.
The city will not seek to intervene in purely private disputes pertaining to a private covenant, condition, or restriction.
(d)
Review of agreement.
The developer shall submit to the city attorney all proposed property owner association incorporation documents to ensure that the following provisions are included in a format that is acceptable to the city:
(1)
All items that are required by either this division or any additional conditions of approval, which may include specific rights of enforcement being granted to the city.
(2)
Membership in the property owners' association shall be mandatory for all owners of property in the subdivision or condominium.
(3)
Dues are payable to the property owners' association at regular intervals.
(4)
The property owners' association has lien rights with respect to unpaid dues.
(5)
The property owners' association has a perpetual existence.
(6)
The property owners' association has all responsibilities for the maintenance of common open space, green space, and other facilities provided for benefit and enjoyment of members.
(7)
The property owners' association has the capacity to sue and be sued.
(8)
Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and other communally owned facilities.
(9)
A property owners' association or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the HOA when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the HOA. The HOA shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rata formula for all property owners.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-18 Developer responsibilities.
(a)
General responsibilities.
In general, the subdivider or developer shall be required to construct, at his expense, all streets, alleys, sidewalks, crosswalks, street markers, sanitary sewers, sewage lift stations or other sewage facilities, water mains, and water systems, drainage culverts, storm sewers, bridges, street lights and other appurtenances necessary and required to adequately serve the subdivision or any future addition.
(b)
Geographic information systems requirement.
The developer is responsible for recording accurate GPS data that shall be converted into data that is consistent with the city's geographical information systems (GIS) data specifications. This data will be provided to the city prior to the completion of the city accepting the street utilities and other appurtenances from the developer.
(c)
Street, utilities and appurtenances to become property of city.
All street utilities and other appurtenances constructed by the developer shall become the property of the city upon completion and acceptance by the city engineer and city council.
(d)
When the city is to assist the developer.
Upon the passage of these standards, it will be the policy of the city to assist the developer in recovering the cost of construction of such facilities where sizes and capacities of facilities are required to serve urban development of a larger area than that being subdivided or areas extending beyond the limits of the proposed subdivision to the extent hereinafter set forth; but the city reserves the right to consider each facility on its own merits.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-19 Inspection of construction.
(a)
General requirements.
No sanitary sewer, water, or storm sewer pipe shall be covered, no flexible base material, subgrade material, or stabilization shall be applied to the street subgrade, and no surface material shall be applied to the base, without the written approval of the city engineer.
(b)
City engineer responsibilities.
The city engineer, or his duly authorized representative shall:
(1)
Inspect any and all phases of the construction of improvements for each subdivision; and
(2)
May issue a stop-work order on any construction, installation, repair, or maintenance of any improvement when, in the city engineer's judgment, the requirements of this article have been violated, and may require such reconstruction or other work as may be necessary to correct any such violation.
(c)
Applicant responsibilities.
The applicant shall:
(1)
Pay to the city an inspection fee in the amount of one percent of the total cost of construction;
(2)
Maintain regular contact with the city engineer during construction of improvements; and
(3)
Engage a state registered professional engineer who shall be responsible for all phases of the design and construction of the required improvements.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-20 Guarantees of performance.
(a)
Requirements to obtain a permit.
With the exception of a permit necessary for 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 including but not limited to any required landscaping and underground irrigation;
(2)
Opened an escrow account sufficient to pay for 120 percent of the estimated cost of required improvements as determined by the city engineer computed on a private commercial rate basis and the applicant provides to the city evidence of such escrow account. Additionally, the applicant shall:
a.
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;
b.
Upon written approval of the city engineer 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 made; and
c.
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; or
(3)
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 city engineer 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.
(b)
Financial assurance to ensure required amount of common open space and recreational amenities is provided.
Should a developer request that the first portion of a proposed development that will be submitted in accordance with section 28-4-7, development phasing, have less common open space than a second or subsequent portion as designated by a general plan, 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.
(Ord. No. 2020-1331, 9-15-2020)
§ 28-4-21 Maintenance of dedicated improvements.
(a)
Plat approval.
Plat approval shall not obligate the city to accept or maintain improvements until the city council, after inspection and recommendation by the city engineer, shall have accepted such improvements.
(b)
Required maintenance of improvements.
The applicant shall maintain all improvements for a period of one year following acceptance by city council. Such one-year period of required maintenance shall not begin until the applicant files with the city either a:
(1)
Maintenance bond, executed by a surety company licensed to do business in the State of Texas and acceptable to the city council, in an amount equal to 100 percent of the cost of installation of such improvements, warranting that said improvements will render satisfactory operation for such one-year period; or
(2)
Cash bond, in an amount equal to 100 percent of the cost of installation of such improvements, likewise warranting that said improvements will render satisfactory operation for such one-year period.
(Ord. No. 2020-1331, 9-15-2020)