Magnolia City Zoning Code

It is the policy of the City to allow access to public streets in a manner that allows the safe flow of traffic on the street, meets applicable access management standards, and provides for reasonable use of property. The purpose of access management is to ensure that site development will be consistent with acceptable engineering standards and design criteria to promote and maintain traffic safety and efficient traffic flow within the site and on adjacent streets. In order to minimize accidents, mitigate congestion, improve mobility, and optimize the function of the roadway network, it is necessary to regulate access for vehicles entering and exiting property abutting public street rights-of-way and private street easements or access easements.

1. General Scope. This Section sets out regulations for the substantive review of subdivision plats to be applied in addition to the other applicable land development regulations of this UDC.
2. Purpose. These regulations are designed, to be administered in a manner to:
   1. Establish adequate and accurate records of land subdivision.
   2. Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate adjoining tracts.
   3. Provide for adequate, safe, and efficient public utilities and improvements.
   4. Provide for adequate facilities for public parks, schools, and other public purposes (including, but not limited to, libraries, fire stations, public buildings, and other similar facilities).
   5. Provide for light, air, and other spaces for the public.
   6. Provide for protection from fire, flood, and other dangers.
   7. Provide for efficient design of utilities, storm water drainage facilities, and streets and sidewalks.
   8. Ensure that the cost of improvements which primarily benefit the parcel proposed for development be borne by the owners/developers of the parcel, and the costs of improvements which primarily benefit the whole community be borne by the whole community.
   9. Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the Comprehensive Plan.
   10. Protect groundwater and surface water from contamination by storm water runoff and other sources of pollution.
   11. Reduce potential impacts of new development on street congestion by providing alternative travel routes, provide a meaningful choice of alternative modes of transportation, shorten journey to work trips, or lessen overall vehicle miles traveled.

Effective on: 1/1/1901

1. Generally. The provisions of this Section are intended to guide the application of the other standards of this UDC, or provide limited relief from them in specific circumstances, in order to encourage development design that implements the Comprehensive Plan and to enhance the overall quality of life in the City. This Section also sets out the City’s interest in and requirements for covenants, conditions, and restrictions (CCRs) that apply to new development or redevelopment. This Section does not affect existing CCRs to which the City is not a party, nor does it affect the amendment of such CCRs.
2. Scope and Jurisdiction. Before any plan, plat, or replat of a subdivision or addition of land inside the City or within the extra-territorial jurisdiction (ETJ) of the City shall be recorded with the Montgomery County Clerk, it shall first be approved by the Commission. The filing of any plan, plat, or replat without complying with the requirements of this Article, or the transfer of land by filing of any instrument in the nature of a conveyance without having first complied with the requirements of this Article, shall be deemed a violation of the provisions of this Article.
3. Subdivision and Development Design.
   1. Generally. Set out in Division 5-1-5, Subdivision Design and Land Development, is the qualitative standards for the layout and design of land development.
   2. Limited Exceptions. Where the application of the standards of this Article conflict with specific design standards elsewhere in this UDC that are applicable to a proposed development, the more restrictive standards take priority, or if the conflict cannot be reconciled, shall supersede the standards of this Section to the extent of the conflict.
4. Covenants, Conditions, and Restrictions. In cases where there are common open spaces or areas of improvements, covenants, conditions, and restrictions shall be recorded to provide for their future operation and maintenance. Set out in Division 5-1-3, Covenants, Conditions, and Restrictions, is the basic requirements for these documents and the limitations on the City’s review and approval of them.

Effective on: 1/1/1901

No subdivision shall have a name that is substantially similar to the name of another subdivision in the City or in Montgomery County, except that a group of related, adjacent subdivisions that are part of an overall plan of development may be named according to a common theme, or given the same name followed by a phase number to identify each phase of the project.

Effective on: 1/1/1901

1. Verification.
   1. Proposed street names shall be checked to ensure that names of existing or planned streets with the City and in Montgomery County are not duplicated.
   2. No street names shall be approved which will duplicate or be confused with the names of existing streets in the City or in Montgomery County unless the new street is an extension of, or in alignment with, an existing street.
2. Naming Conventions. Streets shall be named according to the following conventions:
   1. Streets that extend existing streets shall be assigned the same name as the existing street.
   2. Streets that are on the same alignment as an existing street shall be given the same name as the existing street.
   3. No street shall use the same name as an existing street, modified by the term street, avenue, road, court, etc. Only where a single cul-de-sac or loop street comes off a street may the words place, lane, court, or terrace, be used.
3. Approval of Street Names. The Commission shall approve street names concurrently with their recommendation for or approval of the subdivision.

Effective on: 1/1/1901

1. Generally. Any subdivision or land development which requires a property owners’ association in order to comply with these regulations (e.g., to own and maintain common open space or areas of improvement) shall be in accordance with these regulations and subject to a mandatory property owners’ association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures such compliance.
2. Reversion. Covenants, conditions, and restrictions shall not contain reversionary clauses wherein a lot shall return to the subdivider because of a violation of the term(s) of the covenant, condition, or restriction.
3. Property Owners’ Association. If required by this UDC or as a condition of approval, the applicant shall incorporate a property owners’ association that will bear responsibility for ensuring continuing compliance with these regulations and conditions of subdivision or development site plan approval. The City Attorney shall review the documents only for the following provisions:
   1. Membership in the property owners’ association shall be mandatory for all owners of property in the subdivision or condominium plat;
   2. The property owners’ association shall have lien rights with respect to unpaid dues;
   3. The property owners’ association shall be permanent; and
   4. The property owners’ association shall have all responsibilities required by these regulations (e.g., ownership and maintenance of common areas and elements).

Effective on: 1/1/1901

1. Generally. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of covenants, conditions, and restrictions for the property that shall be recorded in the public records in the chain of title for the property at the applicant’s expense. The applicant shall provide proposed covenants, conditions, and restrictions to the City:
   1. Upon filing an application for final plat approval; or
   2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require covenants, conditions, or restrictions shall be contingent upon approval of the covenants, conditions, and restrictions document).
2. Plat Annotations. Requirements regarding maintenance of common areas or operation and maintenance of drainage facilities shall be summarized on the plat and set out in full in the declaration of covenants, conditions, and restrictions, which shall be referenced on the plat.
3. City Enforcement.
   1. The Commission shall review and recommend and the City Council and the City Attorney shall review and approve covenants, conditions, and restrictions that implement the requirements of this UDC or conditions of approval.
   2. The City Council may require that the applicant grant the City a right of enforcement of the covenants, conditions, and restrictions, in order to ensure continuing compliance. To this end, the City Council may require that the CCRs give the City a right to designate a management company, to be paid a reasonable fee from the dues payable by the property owner, after the third notice of noncompliance to the association’s registered agent. The management company shall be responsible for remedying violations that are the subject of such notices.

Effective on: 1/1/1901

1. Generally. The City Council shall approve only those covenants, conditions, and restrictions that relate to the development approval. The City’s right of enforcement shall extend only to those matters that substantially bear upon them. The City will not seek to intervene in purely private disputes regarding covenants, conditions, and restrictions.
2. Optional Elements. The CCRs may include any provisions considered desirable by the applicant with respect to the management and maintenance of the subdivision or condominium plat, provided that they do not undermine the following requirements:
   1. Required membership in, and payment of dues to, the property owners’ association;
   2. Inclusion and enforcement of all the provisions required by these regulations and any conditions of approval, in a form acceptable to the City Attorney;
   3. Clauses that provide for enforceability by the City of those covenants, conditions, and restrictions that relate to these regulations or conditions of approval; and
   4. Applicable requirements of this UDC at the time of approval of the CCR document.

Effective on: 1/1/1901

A development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park) until the required CCRs are recorded.

Effective on: 1/1/1901

1. Generally. The purpose of the subdivision classification system set out in this Division is to provide for different procedures depending upon the scale and impacts of the proposed subdivision.
2. Subdivision Requirement. No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit, or similar permit be issued, for any development or land division that is required to be processed as set out in Section 5-1-4.02, Administrative Plats, through Section 5-1-4.05, Final Plats, inclusive, until a plat has been approved and submitted to the City for recording with Montgomery County Clerk.

Effective on: 1/1/1901

1. Generally. The Administrator is authorized to approve administrative plats if the application complies with the standards set out in Subsection D., below. The Administrator, at his or her discretion, may also refer any application for an administrative plat to the Commission for review and decision.
2. Applicability. Administrative plat approval shall be allowed under the following criteria:
   1. There will be no more than five lots in the subdivision;
   2. Does not increase the number of lots of record;
   3. All lots will front on an existing public street;
   4. Does not reduce a lot size below the minimum area or dimension requirements set out in Section 3-1-1.02, New Neighborhoods, and Section 3-1-1.03, Established Neighborhoods;
   5. Does not involve more than one acre;
   6. The property must be zoned SR, SU, or NC;
   7. The subdivision does not require the creation of any new streets;
   8. All lots will be served by existing municipal facilities (water, sewer, drainage, etc.); and
   9. Otherwise, meet all the applicable requirements of this UDC.
3. Review Procedure. The procedures for application submittal, review, and approval are set out in Section 11-2-2.05, Administrative Plat.
4. Standards of Approval. The Administrator shall approve an administrative plat application if it meets all of the following criteria:
   1. The administrative plat will not frustrate the implementation of the comprehensive plan (e.g., by encouraging sprawling development patterns or blocking access to a planned thoroughfare); and
   2. The administrative plat complies with all applicable requirements of this UDC.

Effective on: 1/1/1901

Major modifications of plats are any modifications that are not considered administrative plats under Section 5-1-4.02, Administrative Plats.

(Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

A preliminary plat shall be required for all plats and/or replats of an existing subdivision containing major changes in the physical layout, as determined by the City Engineer, Building Official, or Administrator.

Effective on: 1/1/1901

A final plat is required upon review and approval of a preliminary plat by the Commission.

Effective on: 1/1/1901

1. Generally. This Division sets out regulations for the substantive review of subdivision plats and site plans. These regulations are to be considered in addition to the other applicable regulations of this UDC.
2. Purposes. The purposes of this Division are to:
   1. Ensure that new development is consistent with the policies of the Comprehensive Plan;
   2. Provide for the harmonious development of the City, for the coordination and alignment of streets within subdivisions with other existing or planned streets, or with other features of the City;
   3. Provide for appropriate open space for recreation, public facilities, light, and air;
   4. Ensure conformance of development plans with the capital improvement plan or program of the City;
   5. Ensure that development is compatible with and properly integrated into existing and future neighborhoods;
   6. Ensure that subdivisions and subdivision improvements are designed to:
      1. Reduce potential impacts on street congestion by:
         1. Promoting alternative travel routes;
         2. Promoting alternative modes of transportation;
         3. Shortening journey to work trips; or
         4. Lessening overall vehicle miles traveled;
      2. Promote the orderly layout and use of land;
      3. Secure safety from fire and other dangers;
      4. Facilitate adequate provision of transportation, potable water, wastewater, drainage, schools, parks, and other public requirements; and
      5. Protect groundwater and surface water resources from contamination.
   7. Assure that facilities to be accepted and maintained by the City government are properly located and constructed.

Effective on: 1/1/1901

1. Generally. This Division applies to all development that is subject to a site plan or plat requirement.
2. Extraterritorial Jurisdiction (ETJ). Division 5-1-5, Subdivision Design and Land Development, and Article 5-2, Streets, Sidewalks, Trails, and Utilities, apply to all subdivisions within the ETJ. See Texas Local Government Code, Chapter 42, Extraterritorial Jurisdiction of Municipalities.

Effective on: 1/1/1901

1. Generally. It is the policy of the City that the principles of this Section be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted on the subject property by this UDC. The City may require modifications to proposed development site plans or subdivision plats that otherwise conform to the standards of the UDC in order to enhance the quality of the design in accordance with the qualitative principles of this Section. The standards of this Section shall be applied and interpreted in the context of the other applicable standards that are set out in this UDC.
2. Compatibility. The proposed development site plan or subdivision plat shall be designed in a way that:
   1. Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along side and rear lot lines;
   2. Protects and preserves the environmental resources to the benefit of both the subject property and abutting or adjacent properties;
   3. Provides appropriate vehicular and pedestrian linkages between residential uses and nonresidential uses, providing access while protecting neighborhood integrity and individual property values;
   4. Maximizes the access to and benefit of 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. Protects neighboring property from undue storm water runoff;
   6. Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and
   7. Does not reduce the level of service of public utilities that are provided to surrounding development.
3. Flood Damage Prevention. See Article 5-3, Flood Plain Management and Flood Damage Prevention.
4. Future Adjacent Development. The proposed development shall be designed in a way that shows how future development of adjacent parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages, open spaces, and utilities.
5. Landscaping. The subdivision landscaping layout shall promote the district’s qualities and character and meet or exceed the standards. Bufferyard landscaping shall be located to achieve the screening objectives and, where possible, enhance open space objective beyond the minimum requirements.
6. Preservation of Density and Intensity. Design review is intended to permit plan modifications that improve design, but not to require a density or intensity reduction. The design review shall focus on revising the site plan by altering roads, lots, landscaping, or other plan elements, but not by altering development density or intensity unless the density or intensity exceeds permitted standards or the open space, buffering, landscaping, or resource protection does not meet the requirements of this UDC.

Effective on: 1/1/1901

1. Generally. This Section sets out the general subdivision and land planning considerations for the layout and alignment of streets. The design objectives, criteria, and dimensional requirements for streets, cul-de-sacs, or alleys are provided in Division 5-2-2, Streets, Sidewalks, and Alleys.
2. Conformity to the Plan. The general location, alignment, and functional classification of all streets shall conform to the thoroughfare plan, as amended from time to time.
3. Alignment of Subdivision Streets with Existing Streets. Streets shall be configured as required by Section 5-2-2.02, Street Standards.
4. Alignment of Local Streets with Arterials and Collectors. Generally, local streets shall be either:
   1. Perpendicular to arterial or collector streets; or
   2. Loop roads, reverse frontage roads, or cul-de-sacs (which are limited by Section 5-2-2.05, Cul-de-Sacs). See Figure 5-1-5.04, Local Street Orientation.

5. Width of Public Ways. The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classifications of each street, pursuant to Section 5-2-2.02, Street Standards.
6. Grades and Curves of Public Ways. The City Engineer shall promulgate the requirements for grades of public streets.

Effective on: 1/1/1901

1. Generally.
   1. New lots shall be dimensioned according to the requirements of Article 3-1, Development Yield and Lot Standards. The size, shape, and orientation of lots shall be appropriate to the district in which they are located, the location of the proposed development, and to the type of development contemplated. The lots shall provide an adequate buildable area for the development that is contemplated.
   2. Lots are required to be platted unless specifically exempted by this UDC. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking, loading facilities, landscaping, and other required site improvements or open space/bufferyard areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this UDC.
2. Shape. Side lot lines shall be approximately at right angles to the centerlines of abutting streets. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources.
3. Access and Frontage.
   1. Frontage Width. The width of required frontage shall not be less than the required lot width.
   2. Residential Lots (except mixed-use and multi-family).
      1. Generally, new single-family detached and single-family attached dwellings shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley that serves not more than 12 dwelling units. Through lots shall take access from the side from which the address is assigned, which shall not be collector or arterial streets.
      2. Manufactured home lots may front only on local streets or private streets within a manufactured home park or subdivision.
   3. Nonresidential, Mixed-Use, and Multi-Family Lots. Nonresidential, mixed-use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for automobile turnaround.
4. Through Lots. Through lots for single-family detached and single-family attached dwellings are not permitted. Where residential development is bounded by one or more arterial streets, lots shall be separated from the arterial street rights-of-way by a Type B bufferyard that is owned and maintained by a property owners’ association.
5. Orientation to T-Intersections. The building envelope of lots at the terminal end of a T-intersection shall be offset a minimum distance of 25 feet from the centerline of the terminated street in order to mitigate the impacts of oncoming traffic on the use and enjoyment of the lots.
6. Areas of Special Flood Hazard. Residential lots that are intended for conveyance into private ownership shall be platted outside the designated areas of special flood hazard.

Effective on: 1/1/1901

1. Generally. The length, width, and shape of blocks shall be determined with regard to the following:
   1. The provision of adequate building sites suitable to the particular needs of the district and type of use contemplated;
   2. The required lot widths and lot areas for the development, as set out in Article 3-1, Development Lot Yield and Lot Standards;
   3. The need for convenient access, circulation, control, and safety of street traffic;
   4. The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
   5. Limitations and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.
2. Dimensions. Blocks shall be dimensioned according to the following standards:
   1. Blocks that are used to provide access to single-family detached and/or single-family attached dwellings shall be of sufficient width to allow two tiers of lots with appropriate lot depths (according to the lot widths and areas applied), unless such arrangement is not feasible and acceptance is authorized by the Commission.
   2. Generally, blocks that are used to provide access to residential uses and/or districts shall not be longer than 800 feet. Blocks may be up to 1,200 feet in length if there is mid-block pedestrian easement to provide access to abutting blocks.
   3. Blocks for nonresidential or mixed use shall be of a width suitable for the intended use, with due allowance for off-street parking and loading facilities and other site improvements, landscape and bufferyard areas, and open space areas required by this UDC.
3. Relationship to Existing Arterial and Collector Streets. Residential blocks shall be designed so that lots are not oriented for access from arterial or collector streets. Marginal access streets may be approved if necessary for the efficient layout of lots on a parcel proposed for development, provided that bufferyards are provided between the marginal access street and the abutting arterial or collector street as follows:
   1. Collector streets: Type A bufferyard; and
   2. Arterial streets: Type B bufferyard.

Effective on: 1/1/1901

1. Generally. During development approval, the City may require a variety of easements on private property or lots. These easements may be for any of the following, or other approved, purposes:
   1. Drainage;
   2. Utilities;
   3. Access to public utilities or drainage areas;
   4. Fire protection or hazard mitigation;
   5. Police protection and other emergency services;
   6. Solid waste removal;
   7. Pedestrian access; and
   8. Natural resource or open space conservation.
2. Utility Easement Width and Location. Where required, all lots shall provide utility easements of a minimum width of 10 feet for sewer, water, gas, drainage, electricity, cable, fiber-to-the-home, or other public utilities that are necessary or desirable to serve the subdivision or lot. Their width and location shall be such that access and maintenance, repair, or reconstruction can be accomplished without undue hardship to the utility. Easement standards may be included in the standard subdivision specifications promulgated by the City Engineer.
3. Drainage Easements. To the extent practicable, existing surface drainage patterns serving any off-site properties of two or more proposed lots or parcels shall be protected by easements or open space. In addition, drainage easements shall be placed on lots to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open spaces as topography and grading dictate.
4. Fire Protection Easements. Rear fire protection access easements, where necessary to provide adequate protection for the structure, shall be improved as appropriate for fire protection equipment, at a minimum width of 20 feet, with appropriate turning radii for the City’s fire protection equipment as determined by the Fire Department.
5. Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Division 5-2-2, Streets, Sidewalks, and Alleys.
6. Conservation Easements.
   1. The City requires conservation easements to preserve open space required by this UDC, and to protect natural resources that are required to be protected.
   2. Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
   3. Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other the City, such as a nonprofit land trust or property owners’ association.
   4. All conservation easements shall run in favor of two parties:
      1. All lot or unit owners in the development; and
      2. The City.
   5. The conservation easement shall be in a form approved by the City Attorney.
7. Encroachments and Removal of Encroachments. No permanent encroachments or structures and no overhanging limbs, shrubbery, or vegetation of any kind shall be allowed to be located within the area of any easement required by this Section. While the City or utility provider benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structure, fence, landscaping, or other improvements placed upon or over such easement. The City and/or utility provider shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.
8. Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

Effective on: 1/1/1901

1. Generally. This Section is designed to achieve the open space requirements, bufferyards, resource protection, parks and recreation, storm water management, and preservation of community character.
2. Design.
   1. Generally, open spaces shall be integrated into the development design to bring significant open space to a maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
   2. Open spaces shall be designed to provide greenways and riparian areas along drainage corridors, streams, bayous, and water bodies. The landscaping along these linear features shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the proposed development and where applicable, for connection and access for abutting and adjacent developments.
   3. Formal open spaces shall be designed to provide areas of focus within the development. Landscaping, furniture, and amenities for pedestrians shall be installed to enhance this effect.

Effective on: 1/1/1901

1. Application. This Section applies to all subdivision applications submitted after the effective date of this UDC for property within the City limits and extraterritorial jurisdiction.
2. Exemptions. This Section shall not apply and have no effect on the following:
   1. Any subdivision that is a final plat application filed prior to the effective date of this UDC.
   2. A division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated, pursuant to Texas Local Government Code, §212.004, Plat Required, Subchapter 4, Regulation of Subdivisions.
   3. Alterations or expansions of an existing residential dwelling unit or building of multiple dwelling units where no additional residential units are created and where the use is not changed.
   4. The construction of accessory buildings or structures.
   5. The installation of a replacement HUD-Code manufactured home.
   6. The replacement of a destroyed or partially destroyed residential dwelling unit or building of multiple dwelling units with a new building of the same size and use.
3. Claims of Exemption. Any claim of exemption shall be made no later than the time of application for preliminary plat approval. Any claim not so made shall be deemed waived.
4. Parkland Dedication, Fee In-Lieu, and Public or Private Development. If the actual number of completed dwelling units exceeds the figure upon which the original dedication or cash contribution was completed, such additional dedication or cash contribution shall be required, and shall be made by payment of cash in lieu of land, or by conveyance of an existing subdivision.
5. Methods of Dedication, Contribution, or Development.
   1. Parkland Dedication. Whenever a final plat of record is filed with the Montgomery County Clerk for residential development in accordance with the platting regulations of the City, such plat shall contain a clear fee simple dedication of an area of land to the City for park purposes.
      1. On-Site Conveyance of Parkland. The amount of land required to be dedicated for parkland will be calculated at a rate of six and one quarter (6.25) acres of parkland per 1,000 residents, or an equivalent ratio thereof. The following formula shall be used to determine the amount of parkland to be dedicated:

         6.25 X (No Units) X (Persons/Unit) = Acres to be dedicated 1,000

         The number of persons per unit is based on an average household size of 3.03 persons per household. This ratio shall be reviewed and adjusted from time to time, as necessary.

         1. Parkland to be conveyed or privately owned shall be designated on the land plan with its general location and acreage denoted.
         2. Parkland to be conveyed shall be designated as a reserve on both the preliminary and final plats as “Parkland Dedicated to the City of Magnolia” with the perimeter dimensions and acreage denoted. A note referencing the dedication shall be placed on the final plat. Parkland to be privately owned shall be designated as a private park reserve and so noted on both the preliminary and final plat.
         3. Prior to recording the final plat, the subdivider shall deliver to the City a deed, in a form approved by the City Attorney, conveying parkland shown on the final plat as approved by the Planning and Zoning Commission. The parkland deeded to the City shall not be subject to reservations of record, encumbrances or easements that will interfere with the use of the land for park purposes. The deed delivered to the City shall be recorded in conjunction with the recordation of the final plat.
      2. Off-site Conveyance of Parkland. Upon affirmative recommendation from the Parks Board and Planning and Zoning Commission and approval of the City Council, the City may accept parkland that is not part of a subdivision in order to meet the parkland requirement, subject to the following:
         1. The site proposed to meet the parkland requirement is within one-quarter mile of the subdivision; and
         2. The site meets the park development standards of this section, as described in Subsection O., below; and,
         3. The site exceeds that required by the subdivision or addition, as specified in Subsection E.1.a., above by 20 percent, and
         4. A deed shall be required in accordance with the provisions of Subsection 1.a.2., above; and
         5. No park less than three acres in size shall be conveyed to the City.
      3. Park Improvements Required. Parkland conveyed to the City shall be improved as required by this paragraph. The subdivider shall indicate the proposed parkland improvement(s), which shall be constructed in accordance with the land plan, as required in Subsection I., below. Such improvements shall be completed by the subdivider within the time period specified for the construction of public improvements. An improved park shall, at a minimum, include the following:
         1. Paved frontage with curbs and gutters for all required street frontages abutting the outside perimeter of the parkland;
         2. A sidewalk or trail installed in the park, and/or sidewalk installed along all street frontage of the park with the location approved according to the approved site plan;
         3. Water, wastewater, electrical services, and all other utilities provided to the remainder of the subdivision shall be provided to the park as part of standard subdivision improvements;
         4. Lighting along those portions of the required street frontage(s) as well as ample overhead and/or bollard lighting within and throughout the park to provide for a safe and secure environment;
         5. The grading of site and installation of grass with irrigation. Dedicated parkland must be established with grass by the developer and an irrigation system must be installed and approved by the Building Official. A property owners’ association is responsible for the irrigation and maintenance of the property;
         6. One playscape structure and edged fall surface area with a minimum capacity of 15 children, per industry standards;
         7. Covered picnic table, grill, and trash container at a rate of one per acre, or portion thereof;
         8. Drinking fountain at a rate of 0.25 per acre, but no less than one per park; and
         9. Park benches at a rate of two per acre, but no less than two per park.
6. Cash in Lieu of Parkland. The City may, at its option, require a parkland fee to satisfy the remaining amount of parkland conveyance required, under the following circumstances:
   1. When less than three acres is required to be conveyed;
   2. When a replat or amending plat within the City limits is submitted with increased density; or
   3. The City determines that sufficient park area is already in the public domain in the area of the proposed development, or the potential for that area would better served by expanding or improving an existing park or constructing a larger community park suitable for several neighborhoods.
7. In-Lieu Fee Amount. Where the payment of a fee-in-lieu of parkland dedication is required or acceptable to the City Council as provided for in this Section, such shall be in the amount of $_______.00 per residential dwelling unit.
8. Development Fee. In addition to the fee in-lieu of land dedication, there shall also be a fee in the amount of $_____ per residential dwelling unit, which is equivalent to the amount of required improvements as specified in Subsection E.1.c., above.
9. Review of Dedication Requirements. The City shall review the fees set out in this Section each year. The City shall take into account inflation as it affects land and park development costs as well as the targeted level of service for parkland of 6.25 acres per one thousand persons population.
10. Timing of Payment. Such payments in lieu of land shall be made at or prior to the time of filing the final plat for record in the Montgomery County Clerk.
11. Use of Cash Contribution. Cash payments may be used only for acquisition or improvement of a neighborhood park located within one-half mile of the development. However, it is hereby provided that all fees may be applied to any type of park site if all requisite criteria for the other types of park facilities have been met, as determined by the City. Fees paid in lieu of land for neighborhood parks may be utilized for a community park if such use satisfies the purposes of land dedication as provided for herein, as determined by the City.
12. Special Fund; Right to Refund.
    1. There is hereby established a special fund for the deposit of all sums paid in lieu of parkland dedication under this Section, which fund shall be known as the “Parkland Dedication Fund.” Funds shall only be released from the Parkland Dedication Fund upon City Council approval of a plan to utilize the funds to build or enhance a park.
    2. The City shall account for all sums paid in lieu of land dedication under this Section with reference to the individual plats involved. Any funds paid in lieu of land must be expended by the City within 10 years after the filing of the final plat, or the filing of the final plat of each phase or section of the contributing subdivision, if a phased development. Such funds shall be spent on a first in, first out basis for each area. If not so expended, the owner(s) of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owner(s) of such property must request such refund within one year of entitlement, in writing, or such right shall be barred.
13. Private Parkland Credit. Where park areas and recreational facilities are to be provided in a proposed subdivision, and where such areas and facilities are to be privately owned and maintained by the future residents of the subdivision, these areas and facilities may satisfy the requirement of parkland dedication if the following standards are met:
    1. The private ownership and maintenance of such areas and facilities are adequately provided for by recorded written agreement, conveyance, or restrictions.
    2. The use of such areas and facilities are restricted for park and recreational purposes by a recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City Council.
    3. Such areas and facilities for which credit is given shall include improvements for the basic needs of a neighborhood park. These improvements must be equivalent to that required in Subsection E.1.c., above, to ensure that new neighborhood parks are provided with minimum standard amenities. These improvements shall be required before the final acceptance of the subdivision by the City Council after recommendation from the Planning and Zoning Commission.
    4. All park areas and playground equipment shall be in accordance with the U.S. Consumer Products Safety Commission, Publication 325, as currently amended.

    In order to receive the private parkland credit, the subdivider shall provide documents to the City at the time of final plat filing sufficient to establish that the requirements of (3) above have been satisfactorily met. In the event that the subdivider proposes to construct the improvements at a later date, as in a phased development, the City shall require that the subdivider obtain a surety bond, performance bond, or other form of guarantee that the recreational amenities will be installed concurrent with the build-out of the subdivision, and in no case greater than two years. The Administrator shall evaluate and approve the documentation submitted prior to any credit being given. In cases where the equivalency of the improvements are disputed, the required level of improvements shall be as finally determined by the City Council.

    Subdividers who propose to provide private “resident only” parkland shall pay to the City an amount equal to 10 percent the amount of the mandatory dedication determined in accordance with Subsection E.1., above, for deposit in the City’s Parkland Dedication Fund for purposes of defraying the financial burden private subdivisions impose on public parks elsewhere in Magnolia. The value of the dedication provided under this Section shall be calculated as specified in Subsection E.1., above.

14. Dual Park and Easement, Storm Water Drainage Facility, or Nature Reserve. Land that is encumbered by easements, detention areas, lakes and drainage channel borders, or other similar characteristics will qualify for neighborhood parkland in accordance with the following calculation. Twenty-five percent of the encumbered parkland will qualify for neighborhood parks (e.g., 0.25:1 ratio), up to 50 percent credit. Additional conditions apply to encumbered parkland including:
    1. Detention areas shall have:
       1. Side slopes of a five to one ratio unless otherwise approved by the City;
       2. Gravity flow or a pumping system designed to remove all algae;
       3. A bottom with a minimum area of 50 feet by 100 feet in dimension unless otherwise approved by the City; and
       4. Field areas with a level, domed design suitable for field sports.
    2. Plans with proposed amenities must be approved by the City Council, after recommendation from the Commission. Plans with proposed amenities must be submitted with the preliminary plat in order to receive credit for detention areas.
    3. Drainage ditches and lake borders shall have:
       1. Side slopes of a five to one ratio unless otherwise approved by the City Council;
       2. Hike/bike all-weather paths, landscaping and sodding installed according to the construction standards of the City;
       3. An average minimum width of 30 feet and a minimum width of 20 feet beyond the top of bank; and
       4. Drainage ditches and lake borders with meandering, natural contour appearances.
    4. Ten percent of lakes and nature reserves or land, which is generally undeveloped and unsuitable for organized recreational activities without substantial development effort, but which provides desirable aesthetic qualities, such as wetlands and other wooded areas, will qualify for neighborhood parkland (0.10:1 ratio) up to 50 percent credit. Dry bottom detention ponds do not meet the definition of a lake or nature reserve.
15. Park Development Standards. Parkland conveyed to the City as provided in this Section shall meet each of the standards set out below:
    1. The parkland shall have frontage on a street equal to or greater than the square root of the total square footage of park area to be conveyed.
    2. A minimum of 50 percent of the dedicated parkland within a subdivision or addition shall be outside of the 100-year floodplain and shall have a size configuration and topography to be developable for active park purposes.
    3. Parkland shall not be encumbered with existing or proposed public utility easements or drainage channels that would unduly restrict the development of the site for recreational purposes.
    4. A proposed subdivision adjacent to a park or open space area shall not be designed to restrict reasonable access or visibility into the park. No lots shall have their rear yard abutting a public park unless public access is provided each 400 feet, or portion thereof.
    5. Street connections between residential neighborhoods shall be provided, wherever practicable, to provide reasonable access to parks and open space areas to all residents within reasonable proximity to such parks and open space areas. Proposed access and public availability of parkland, both physical and visual, shall be recommended by the Commission and approved by the City Council.
    6. Areas within a school site may be utilized to partially meet the parkland dedication requirements upon approval of the Commission and approval of the City Council, as well as the appropriate school district. Areas in a school site may receive a credit toward the required land dedication subject to approval by the Commission and final approval by the City Council. Such credit shall be on a case-by-case basis and subject to standards as may be determined and considered necessary and appropriate by the City.
    7. Any residential street built adjacent to a park shall be constructed to collector width to ensure access and prevent traffic congestion.
    8. Sites should have and retain existing trees or other scenic elements.
    9. Where a nonresidential use must directly abuts a park, the use must be separated by a screening wall or fence and landscaping. Access points to the park from the nonresidential use may be allowed by the Commission if a public benefit is established.
16. Site Plan. A site plan must be submitted to the Administrator for review, which shall be recommended by the Parks Board and approved by the Planning and Zoning Commission prior to final plat submittal or upon application of a building permit, as applicable. Such site plan shall include the following:
    1. North arrow and scale.
    2. Vicinity map indicating the general location of the site and its relationship with adjacent and nearby streets, watercourses and similar features in all directions from the site to a distance of 200 feet.
    3. Existing and finished grades or contours at one-foot intervals.
    4. Identification of any areas on the site or within 200 feet that is within the 100-year floodplain.
    5. Sufficient dimensions to indicate relationship between buildings, property lines, parking areas, fields and courts, playground areas, and other elements of the plan.
    6. Proposed location of buildings and other structures, fields and courts, playground areas, parking areas, drives, screening, drainage patterns, public streets and any existing easements.
    7. Location, massing and pattern of existing vegetation and the general extent and character of proposed landscaping and tree preservation.
    8. Existing streams, drainage channels, and other bodies of water.
    9. Focal points and site amenities.
    10. Existing structures on the site and within 100 feet of the site.
    11. Street and traffic patterns affecting the site including the location of traffic control devices.
    12. Pedestrian and vehicular circulation patterns and improvements.
    13. Surrounding uses, activities and influences of the site and adjacent properties within 200 feet, including:
        1. Any public streets.
        2. Any drives that exist or which are proposed to the degree that they appear on plans on file with the City.
        3. Any buildings that exist or are proposed to the degree that their location and size are shown on plans on file with the City. One- and two-family residences may be shown in approximate location and general size and shape.
        4. The location, size, cross-section and calculation of any drainage structures, such as culverts, paved or earthen ditches or storm sewers and inlets.
    14. Typical building elevations depicting the style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan a separate sketch shall be prepared for each type.
    15. The boundary lines of the area included in the site plan, including bearings, dimensions and reference to a point on a recorded plat.
    16. Proposed utility connection layouts for water, sewer and electricity.
    17. Name and address of the land owner, applicant, and the plan preparer.
    18. Date of preparation of the site plan.
    19. Signature block for appropriate City officials.

    Within 12 months from the date of site plan submission, the subdivider or landowner shall submit detailed plans and specifications for review and approval, which shall be in substantial compliance with the site plan. The construction of all improvements shall be complete within 12 months from the date of approval of the plans and specifications.

    Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met:

    1. Improvements have been constructed in accordance with the approved plans.
    2. All parkland upon which the improvements have been constructed have been dedicated as required by this Section.
    3. All manufacturer warranties have been provided for any equipment.

    Upon issuance of a Certificate of Completion, subdivider or landowner warrants the improvements for a period of one year. The subdivider and/or landowner shall be liable for any costs required to complete park development if:

    1. Subdivider fails to complete the improvements in accordance with the approved plans.
    2. Subdivider fails to complete any warranty work.

Effective on: 1/1/1901

1. Generally.
   1. All developments shall make provisions for water, sewer, storm water, electric, telephone, and cable service, and may make provisions for fiber-to-the-home and other public and/or private utilities available to residents.
   2. All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.
2. Capacity. Where a parcel proposed for development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development. Where the parcel proposed for development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.
3. Potable Water Line Loops. Potable water lines shall be looped and shall have a secondary feed to the potable water supply.
4. Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.
5. Common Use Easements. Wherever possible, the City will require compatible utilities to share easements (see Section 5-1-5.07, Easements).
6. Location of Utilities.
   1. Electrical Power, Telephone, Cable, and Comparable Utilities. Electrical distribution lines and telecommunications lines shall be installed underground. All underground conduits for electrical power, telephone, and other similar purposes shall be located in an easement at the rear lot line, with adequate width for installing such utilities underground, unless certified by the utility companies concerned that the rear lot line location is impractical, or unless the Commission and the City Council finds this placement is not feasible.
   2. Gas, Water, and Sewer. All gas, water, and sewer lines, and utilities for such purposes, shall be located in the street easement or rights-of-ways, with adequate additional width and space for the location of pumping or lift stations or the like, unless it is demonstrated by the developers and/or property owner(s) concerned that such location is impractical, and the Commission and the City Council find that the placement is not feasible.
   3. Gas and Water Mains. Main lines for gas and water service must be run along both sides of each street in the subdivision, such that service lines can be connected to each individual lot after construction; or main lines for gas and water service are to be run along one side of a street in the subdivision and service lines must be run from the main line to each lot on both sides of the street.
7. Water Supply and Protection. Water supply for new development shall be of sufficient capacity, quantity, and pressure to provide for the development’s potable water demand, irrigation needs, and fire protection.
   1. Water Supply and Distribution. Water mains properly connected with the City water supply system or a municipal utility district (MUD) approved by the City Engineer shall be constructed in such manner as to adequately serve for domestic use and fire protection for all lots shown on the subdivision plat.
   2. Service Requirements and Capacities. The subdivider shall provide suitable water mains, an approved water meter, and a water connection for each lot. The water mains shall be of sufficient size to adequately supply the requirements of the subdivision for domestic use and fire protection in accordance with the standards set out and approved by the City Engineer. Water mains shall conform to the following requirements:
      1. Pipe Size. The minimum pipe size allowed shall be six inches in diameter. The City Engineer reserves the right to require larger pipe sizes for adequate fire protection within the area.
      2. Water Main Size. Water mains shall be of sufficient size to provide at least one standard fire hydrant unit within:
         1. Four hundred feet of each one- or two-family dwelling structure; or
         2. Three hundred feet to each part of a multi-family dwelling unit or a nonresidential or industrial structure within an area exceeding 12,000 square feet;
         3. Three hundred feet to any part of a multi-family dwelling unit, nonresidential, or industrial structure with an area less than 12,000 square feet.
      3. Means of Measurement. The distance measurements required by this Subsection shall be determined by the length of hose and the hose lay path between the hydrant and dwelling or every or any part of a nonresidential or industrial structure as set out in Subsection G.b.2., above.
      4. Required Compliance. Water mains shall comply with all rules and regulations of the State rating bureau.
      5. Required Looping. If additional hydrant(s) are required to comply with the provisions of Subsection G.2., above, the hydrants shall be fed by a service line that is looped back into a main water line so that creation of a dead-end line is avoided. Location and connection of the hydrant(s) unit(s) shall be subject to the approval of the Fire Department, City Engineer, and Administrator.
      6. Required Easement. In the event that fire hydrant units must be installed on private property, the developer/owner shall dedicate an easement to the City along the route of the water line to the hydrant and around the hydrant. This easement shall be a minimum width of 10 feet in width along the water line and a minimum of 10 feet by 10 feet square around the hydrant.
   3. Construction Supervision. Water systems shall be constructed under the supervision of the City Engineer.
   4. Connection Fee. A subdivider who connects a subdivision water supply system to the City water system shall pay to the City a fee to be determined by the City at the time of connection to the City water system, for which the fee shall offset the cost of the City to expand City facilities to adequately handle the increased demand on the City system.
   5. Hydrant Spacing. Spacing between hydrants shall be established by the City Engineer in consultation with the Fire Department.
8. Wastewater System. Sanitary sewer service for new development shall be sufficient to provide for the development’s demand for such service. Sanitary sewer lines shall be installed to the specifications of the City.
   1. Wastewater Collection. A wastewater collection system shall be installed in such manner as to adequately serve all lots with connections to the City wastewater system. Sewer connection shall comply with all State and City regulations.
   2. System Requirements. All sanitary sewers shall conform to the following requirements:
      1. Required Connection. Each lot within the subdivision shall be connected to the system.
      2. Pipe Size. The minimum pipe size allowed shall be eight inches in diameter. The City Engineer reserves the right to require larger pipe sizes for adequate wastewater collection capacity depending on the use or development.
      3. Required Approvals. Gradients, pipe types, locations, types of manholes, and characteristics of lift stations and treatment facilities shall be approved by the City Engineer prior to construction.
      4. Manhole Spacing. Sanitary manholes shall be spaced at intervals not to exceed 350 feet at each junction or change in alignment.
   3. Design Specifications. All sanitary sewers shall be designed to meet infiltration standards and carry peak rates of flow of 150 gallons per capita per day.
   4. Construction Supervision. Water systems shall be constructed under the supervision of the City Engineer.
   5. Connection Fee. A subdivider who connects a subdivision’s wastewater system to the City wastewater system shall pay to the City a fee to be determined by the City at the time of connection to the City wastewater system, for which the fee shall offset the cost of the City to expand City facilities to adequately handle the increased demand on the City system.

Effective on: 1/1/1901

1. Design and Installation of Improvements. In consideration of the acceptance by the City and the assumption of responsibility for maintaining the dedicated streets and public utilities required by this UDC, except as specifically provided in this UDC, the subdivider and/or owner(s) of parcels of land, subdivision, or parts of subdivisions shall design, furnish, install, and construct at no cost to the City, all improvements required by this UDC and related City regulations. Escrows or sureties may be required for off-site improvements that are required by this UDC.
2. Required Improvements. Every subdivider and/or owner(s) of parcels of land, subdivision, or parts of a subdivision which require the installation of public improvements shall grade and improve streets and alleys and install monuments, sewers, storm water inlets, water mains, curbs, and sidewalks in accordance with all standards of this UDC. The construction of sidewalks shall not be a requirement in those residential subdivisions where the majority of the lots have previously been built upon without public sidewalks and where there are no sidewalks within 200 feet of the lot or lots being improved on the same side of the street.
3. Utility Upgrade Agreement. The City may require that the subdivider upgrade the capacity of municipal utility lines in order to provide adequate facilities to future development in the area of the proposed development. To this end, the City Council may authorize the Mayor to enter into a participation agreement or development agreement that sets out the City’s share of additional costs of standard line sizes, and the method and timing of repayment to the applicant. The written agreement shall fairly apportion the cost of providing the upgraded capacity, and shall be executed between the subdivider and the City prior to the final approval of plans and specifications.
4. Guarantee In-Lieu of Completed Improvements. No final plat shall be approved by the Commission or accepted for record by the Montgomery County Clerk, until one of the following conditions has been met:
   1. All required improvements have been constructed in a satisfactory manner and approved by the City Engineer and accepted by the Commission; or
   2. The City Engineer and Administrator has accepted a performance bond in the amount equal to 100 percent of the estimated cost of installation of the required improvements as estimated on current cost data provided by the project engineer, whereby improvements may be made and utilities installed without cost to the area in the event of default of the subdivider.
5. Warranty. All public improvements dedicated to and accepted by the City shall be warranted to be free from defects of any nature for a period of one year. The warranty period shall commence on the date the City accepts the improvement. Any defect discovered during the warranty period shall be corrected by the developer at no cost to the City. The following maintenance obligations shall apply:
   1. Maintenance obligations are established when the developer has received preliminary approval. Such obligation shall be used to ensure the repair of any damage to City streets or drainage systems resulting from construction activity in connection with the subdivision.
      1. The amount of the obligation will be based upon the existing condition of the affected street, its type of construction (e.g., gravel, concrete, asphalt), the length of the street exposed to construction traffic, and other such factors as may be deemed appropriate, such as existing terrain, anticipated amounts of heavy traffic, etc.
      2. The amount of the obligation will be determined by the City Engineer and prescribed within the development review letter. Maintenance obligations must be established at least one year or the duration of construction within the subdivision, whichever comes first.
      3. After completion of the subdivision, and upon written request from the developer, the City Engineer may recommend releasing the maintenance obligation by written request to the Administrator.
   2. All maintenance obligations established by the City Engineer must have acceptable securities submitted to and on file with the Administrator. No work orders will be issued until such action has been completed.
   3. Acceptable securities are required to be posted by a subdivider for a newly constructed subdivision development in order to ensure that monies are available, if needed, to make repairs to any existing City streets if the subdivider defaults on his/her obligations.
   4. Acceptable security, as set out by the Administrator, to ensure fulfillment of maintenance obligations shall be:
      1. Cash, to be held in escrow by the Administrator;
      2. Letter of credit from a financial institution with a Scheshunoff Bank Quarterly rating of C+ or above. If the financial institution rating falls below a C+ rating during the term of the obligation the City will allow one additional quarter for the rating to rise to an acceptable level. If the rating does not rise to an acceptable level, the subdivider will be considered in default of his/her obligation, and the letter of credit will be called. If the financial institution’s rating falls to a NR (not rated) level, the subdivider will have 15 days to provide acceptable alternative security, or the subdivider will be considered in default on his/her obligation, and the letter of credit will be called;
      3. Certificate of deposit from a financial institution with a Scheshunoff Bank Quarterly rating of C+ or above. The certificate of deposit must be pledged to the City, and held with a safekeeping agreement in a safekeeping account. If the financial institution rating falls to a C during the term of the obligation, the City will allow one additional quarter for the rating to rise to an acceptable level. If the rating does not rise to an acceptable level, the subdivider will have 15 days to provide acceptable alternative security, or the subdivider will be considered in default on his/her obligation, and the certificate of deposit will be called. If the financial institution’s rating falls to NR (not rated) level, the subdivider will have 15 days to provide acceptable alternative security, or the subdivider will be considered in default on his/her obligation, and the certificate of deposit will be called.
      4. U.S. Treasury Bills or U.S. Treasury Notes, pledged to the City to be help in a safekeeping account with a safekeeping agreement.
      5. Bond issued by a security company listed on the Federal Register, licensed in the State of Texas, and acceptable to the City.
   5. The City Engineer is charged with the responsibility to ensure that securities do not lapse or expire. In addition, the City Engineer shall be responsible for notifying the subdivider at least 90 days prior to the expiration of the obligation and further informing said parties that a public hearing will be held regarding the disposition of said obligation.
   6. The City Engineer shall determine whether the subdivider has complied with all applicable requirements of development before any obligation can be released. In the event that the subdivider requests or the staff recommends an extension, renewal, or reduction of an obligation, the Administrator shall have the sole authority to move on any said request.
   7. If a subdivider defaults and cannot or will not meet his/her obligation at or on the prescribed date and time that said obligation is due to expire, the City Engineer shall have the authority to call any outstanding security on the property in question and instruct the Administrator to seize those securities necessary to complete any maintenance obligation related to the development.

Effective on: 1/1/1901

1. Generally. A parcel proposed for development may be developed in phases, with each phase separately platted. In such cases, the subdivider shall submit a concept plan with the first application for preliminary plat approval. The concept plan shall demonstrate compliance with this UDC by showing:
   1. The general arrangements of streets and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval;
   2. The general location of drainage facilities;
   3. The general location of protected natural resources; and
   4. The general location of proposed uses and housing types.
2. Consistency with Concept Plan. In considering each subsequent phase shown on a concept plan, the 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, cul-de-sacs, or off-site extensions.

Effective on: 1/1/1901

The certification set out in Appendix B, Certificates and Forms, shall be transcribed to all final plats, and shall be executed as indicated before such plats are recorded with the Montgomery County Clerk.

Effective on: 1/1/1901

1. Generally. All subdivisions and development site plans that include areas of protected natural resources shall show the boundaries of such areas, if such exist on the site. Such delineation shall be by a registered land surveyor.
2. Mapping Criteria. The following criteria shall be used for mapping natural resources:
   1. Streams, bayous, etc. (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
   2. Initial identification of the water courses/water bodies shall be made using the U.S. Geological Survey (USGS) quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for final plats and development site plans.
   3. Woodlands shall be measured at the canopy line.
   4. Wetlands shall be delineated by the criteria promulgated by the U.S. Army Corps of Engineers.
3. Boundaries. Boundaries shall be drawn as follows:
   1. Measurements for boundaries are to be made horizontally, perpendicular from, or radial from any feature or point.
   2. Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.
4. Topography. Topographic lines shall be at one-foot contour intervals unless such intervals are impractical due to flat topography.

Effective on: 1/1/1901

1. Generally. Monuments shall be placed to mark the following:
   1. Lot corners, points of curvature, points of tangency, and reference points; and
   2. Street centerlines, points of curvature, points of tangency, reference points, and where street lines intersect the exterior boundaries of the subdivision.
2. Monument Requirements. The following guidelines apply to artificial monuments to be set.
   1. Monuments consisting of a metal pipe must have at least one inch outside diameter and must be at least four feet in length (longer in soft or unstable soil). Such monuments shall be set in concrete six inches in diameter by 18 inches long. Concrete monuments must be at least three inches in width or diameter by 24 inches in length, reinforced with an iron rod at least one-fourth inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
   2. 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. Wooden stakes shall not be set as permanent boundary monuments.
3. 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.
4. 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.
5. Benchmarking. 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. Such permanent benchmark 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.

Effective on: 1/1/1901

As-built drawings, certified by a registered land surveyor, shall be submitted to the City upon completion of subdivision infrastructure.

Effective on: 1/1/1901

The purpose of this Section is to establish standards for the design, layout, and construction of streets, sidewalks, trails, and utilities.

Effective on: 1/1/1901

1. Generally. This Section applies to all subdivisions and site plans that involve the creation of new roads, streets, or the improvement of any existing street within the City and extraterritorial jurisdiction (ETJ).
2. Right-of-Way Standards. Set out in Division 5-2-2, Streets, Sidewalks, and Alleys, is the standards for how much right-of-way must be dedicated and what cross-sections are required for streets. It also provides requirements for intersection spacing and the geometry of curves.
3. Utilities. Set out in Section 5-1-5.10, Utility Standards, is the standards for the installation of utilities.

Effective on: 1/1/1901

1. Integration. New streets shall integrate into the existing street pattern so as to:
   1. Be consistent or in general conformity with the adopted thoroughfare plan;
   2. Address the new development’s circulation needs;
   3. Provide a pattern of streets that facilitates navigation within the City; and
   4. Where collector and arterial streets are involved, facilitate City-wide traffic movements.
2. Safety. New streets shall provide a safe and convenient layout and design.
3. Character. New streets shall correspond to and reinforce the character of the district(s) in which they are constructed.
4. Natural Resources. New streets and substantially improved existing streets shall respect natural resources, topography, drainage, and other natural features that would enhance attractive development, or that are locally or regionally significant for their natural resource value.
5. Circulation of Through-Traffic. Streets within subdivisions shall be designed as a system of circulation routes, so that the use of local streets by through traffic will be discouraged.
6. Street Plans.
   1. If a preliminary plat has been approved by the Commission for a proposed subdivision, the street system of the subsequent final plats shall conform to the preliminary plat.
   2. Existing streets (including preliminary platted streets in adjoining territory) shall be continued at equal or greater width and in similar alignment by streets proposed in the subdivision, unless the Commission finds that such design would be impractical or would create incompatibility.
   3. When a tract is subdivided into larger than normal building lot(s) or parcel(s), such lot(s) or parcel(s) shall be arranged as to permit the logical location and opening of future streets and appropriate resubdivision, with provision for adequate utility easements and connectors for such resubdivision.
7. Intersections. Streets shall intersect as nearly at right angles as practicable.

Effective on: 1/1/1901

1. Access.
   1. 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 as far apart as practical and consistent with Division 5-2-3, Access Management and Circulation.
   2. The street layout of a subdivision shall provide public 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.
2. 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.
3. Right-of-Way and Pavement Widths.
   1. Generally, widths of rights-of-way shall conform to those set out in Table 5-2-2.02, Right-of-Way Widths.
   2. Where additional right-of-way is needed to obtain vertical curve, grade, sight distance triangles, turn lanes, or medians, the required right-of-way shall be adjusted to the extent necessary in accordance with local needs, as determined by the City Engineer.

Effective on: 1/1/1901

1. Floodplain Areas. In floodplain areas, narrower rights-of-way may be approved and drainage accomplished in a manner that provides for the minimum width, while accommodating the storm water movement. The City Engineer shall assist in developing an acceptable cross-section that minimizes environmental impact.
2. Traffic Calming. Straight or nearly straight sections of streets of a length greater than 500 feet shall be designed to include traffic calming devices.
3. Mid-Block Pedestrian Connections. Mid-block connections in the form of public access easements and walkways shall be provided along blocks that are greater than 500 feet in length, to establish linkages between blocks and, particularly, to parks, open spaces, and trails.

Effective on: 1/1/1901

1. Generally. Private streets are permitted only as provided in this Section. Alleys may be provided for primary or secondary vehicular access to lots and uses. Alleys may not provide access to property outside of the parcel proposed for development in which the alleys are dedicated.
2. Private Streets.
   1. Residential Subdivisions. Private streets are permitted in residential subdivisions only when maintenance and operation of the street is private and the subdivision contains more than 50 lots.
   2. Nonresidential, Mixed Use and Multi-Family Subdivisions. The private street runs through, to, or between parking areas in nonresidential, mixed-use, or multi-family developments, where:
      1. All property accessed by the street is under single ownership;
      2. There is sufficient alternative access to abutting properties;
      3. The access to the parcel proposed for subdivision and the abutting properties meets the spacing requirements of Division 5-2-3, Access Management and Circulation; and
      4. The City Council finds that connecting the street to the public street network is not desirable because it would increase through-traffic in an established or proposed neighborhood.
   3. Requirements for Private Streets. When private streets are permitted, they shall meet all of the following requirements:
      1. Private streets shall be laid out, designed, and constructed in the same manner as public streets; and
      2. The final plat shall be annotated with a notice that the streets are private and subject to a covenant for maintenance.
   4. Gates. Gates are permitted at entries to private street subdivisions, provided that they comply with the following standards:
      1. Gates shall be set back from the public street a minimum distance of 30 feet to allow for stacking.
      2. Two inbound gates shall be provided, one for residents and one for guests, for all subdivisions that include more than 50 dwelling units. The paved area behind the guest gate shall be sufficient to accommodate at least one vehicle without interfering with the use of the resident gate.
      3. There is means of prompt access provided to police, fire, and emergency medical transport service providers.
   5. Conversion to Public Streets. Private streets shall not be converted to and will not be accepted by the City as public streets.
3. Alleys.
   1. Ownership and Maintenance of Alleys. Alleys shall be owned and maintained by a property owners’ association. Covenants, conditions, and restrictions (CCRs) shall be recorded with the approved final plat for all subdivisions that include alleys. The CCRs shall include the following, which shall be in a form acceptable to the City Attorney, and shall be enforced by the City:
      1. A mandatory property owner’s association with lien rights to collect dues from lot or unit owners;
      2. A perpetual obligation of the property owners’ association to maintain the private alleys and drainage systems;
      3. Ownership of the alleys by a single entity, such as a property owners’ association, rather than under individual lot owners (or other owners);
      4. Cross-access easements for all lot owners;
      5. Easements for access by:
         1. Emergency vehicles; and
         2. Garbage and trash collection (if designed for garbage and trash collection); and
      6. Easements for public utilities.
   2. Minimum Width. The minimum right-of-way width for an alley is 20 feet.
   3. Alley Intersections and Curves.
      1. Alleys should intersect streets at right angles. The intersection of a street and an alley should be constructed as a standard approach.
      2. A minimum curb radius of 30 feet to the inside edge of the alley paving shall be provided at intersections between alley. The additional area shall be platted as part of the alley.
   4. Alley Turnouts. Alley turnouts shall meet the following minimum standards:
      1. Minimum width of pavement at intersection is 18 feet.
      2. Turnouts shall be paved to the property line.
      3. No gate, building, or garage opening shall be located closer than 20 feet to an alley turnout, measured from the closest edges of pavement along the alley and along the intersecting street right-of-way.
   5. Dead-Ends Prohibited. Dead-end or cul-de-sac alleys shall be avoided 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.

Effective on: 1/1/1901

1. Generally. Cul-de-sacs shall only be permitted in instances where the Commission finds that circumstances exist which warrant their use.
2. Warranted Circumstances. The following constitute circumstances which warrant the use of cul-de-sac streets:
   1. Natural resources, such as floodplains, wetlands, or open water, make standard blocks inefficient;
   2. The cul-de-sac streets serve no more than 20 lots, or are no more than 600 feet in length, whichever results in a shorter street segment; and
   3. The pedestrian circulation system provides for direct, non-vehicular access between cul-de-sac ends, where:
      1. Two lots or fewer are situated between them; and
      2. The distance between them, measured along street centerlines, is more than 600 feet (see Figure 5-2-2.05, Cul-de-Sac Connections).

3. Dimensional Standards.
   1. Cul-de-sacs shall have a minimum radii of 55 feet to the property line and 43.5 feet to the back of curb.
   2. Cul-de-sacs shall not be used to provide multiple access to individual buildings (e.g., two-family or single-family attached dwellings), where private driveways would conflict or involve expanses of driveway pavement that are wider than 24 feet.

Effective on: 1/1/1901

1. Street Intersections. No fence, wall, hedge, or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner lot in the areas specified by this Section.
   1. At the intersection of a collector or local street, Distance A and Distance B shall each be at least 35 feet (see Figure 5-2-2.06.1, Sight Distance Requirements for Street Intersections).
   2. At the intersection of two local streets or the intersection of a street and alley, Distance A and Distance B shall each be at least 15 feet.

2. Driveway Intersections. At the intersection of a local street and a driveway a clear sight zone, between the elevations of 2.5 feet and six feet above the driveway grade, Distance A (driveway) shall not be less than 10 feet, and Distance B (local street) shall not be less than 20 feet (see Figure 5-2-2.06.2, Sight Distance Requirements for Driveways). Mature plantings with foliage between 2.5 feet and six feet above the finished lot grade shall extend no closer than 12 feet to the street right-of-way line.

3. Exceptions.
   1. Shade trees are permitted to overhang the specified triangles, provided that all branches are not less than eight feet above the street level (see Figure 5-2-2.06.2, Sight Distance Requirements for Driveways).
   2. No portion of a fence or wall exceeding 2.5 feet in height above the finished lot grade shall exceed 25 percent opacity when located in a required yard that either:
      1. Has vehicular access to a street; or
      2. Abuts such access.
4. Trees or Utility Poles or Boxes within the Right-of-Way. Neither trees nor utility poles or boxes (except street lights and traffic signal supports) shall be placed within the public right-of-way within 50 feet of the intersecting centerlines at street intersections. Trees which existed in such locations as of the effective date of this UDC shall be pruned to clear the area between 2.5 feet and six feet above the ground level if such pruning can be accomplished without compromising the health or structural integrity of the tree.

Effective on: 1/1/1901

1. Generally. Concrete sidewalks are required along all public and private streets.
2. Width. Sidewalks shall be a minimum of five feet along all streets.
3. 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 parkway 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). This arrangement shall not reduce the right-of-way width requirement.
   3. Sidewalks shall also be installed in pedestrian access easements.
4. 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.
5. 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.

Effective on: 1/1/1901

The City Engineer shall promulgate standards for curb radii and curb construction.

Effective on: 1/1/1901

1. Bicycle Routes. Bicycle routes shall be provided as set out in the Comprehensive Plan. The bicycle routes shall be designated on all development site plans and preliminary/final plats, and shall be posted upon completion of the proposed development.
2. Bicycle Lanes. Bicycle lanes are required along local nonresidential/multi-family, collector, and arterial streets, except in locations where a sidewalk or bicycle path provides comparable access and mobility for bicycles.
   1. Minimum width (excluding curbs):
      1. Streets with no on-street parking: Four feet; or
      2. Streets with on-street parking: Five feet; (located between travel lane and parking).
   2. All bicycle lanes shall be designated, posted, marked, and striped according to the most current requirements of AASHTO.
   3. All bicycle lanes shall adhere to ADA standards.
3. Bicycle Paths. Bicycle paths are required where designated in the Comprehensive Plan.
   1. Bicycle paths shall be at least eight feet wide, and designed, posted, and marked according to the most current requirements of AASHTO.
   2. Where a bicycle path crosses an intersection, the bicycle path shall be marked as a bicycle crossing. Right turns at intersections shall be on the shoulder of the intersecting street if the bicycle path or bicycle lane does not continue along the intersecting street.
   3. All bicycle paths shall adhere to ADA standards
4. Trails.
   1. Off-street bicycling and jogging trails shall be developed in accordance with the Comprehensive Plan, to link major attractions and destinations throughout the City, including neighborhoods, parks, schools, libraries, employment centers, and shopping areas.
   2. Development that abuts a linear corridor that is identified in the Comprehensive Plan shall provide an easement for the construction of a trail in accordance with the trail plan.
   3. Maintenance responsibilities shall be established at the time of a preliminary plat.

Effective on: 1/1/1901

1. Public Streets. In any development with public streets, adequate electrical service shall be provided to proposed street light locations as determined by the City Engineer. General standards for public street lighting is established by the City.
2. Private Streets. In any development with private streets, the City Engineer shall review the lighting plan for adequacy regarding safety and ease of pedestrian and vehicular access. Generally, standards for private street lighting shall be the same as for public streets.

Effective on: 1/1/1901

1. Installation of Street Signs. Two suitable street name signs in accordance with City standards shall be placed by the developer (at the developer’s expense) at all street intersections.
2. Traffic Safety Signage. Traffic safety signage within subdivisions and parcels proposed for development shall be installed by the developer at the developer’s expense. Signage shall conform to the most current version of the Manual on Uniform Traffic Control Devises (MUTCD), published by the Federal Highway Administration.
3. Traffic Signals. If a subdivision or other proposed development will generate traffic at levels that warrant the installation of traffic signals or other traffic control devices within 1,320 feet of the development, the developer shall contribute its proportional fair share toward the cost of the signal or other traffic control device.

Effective on: 1/1/1901

Owners of property that abut a public right-of-way shall maintain the property between the edge of pavement or the inside of the curb and the owner’s property line, including providing for continuing compliance with Section 5-2-2.06, Sight Distance Requirements.

Effective on: 1/1/1901

1. Degree of Compliance. If the width of a lot or other constraint prevents an individual access from being compliance with Section 5-2-3.02, Access Spacing and Corner Clearance, then common access shall be provided via joint access and/or cross-access easements. Even if common access does not achieve compliance with Section 5-2-3.02, Access Spacing and Corner Clearance, it shall be utilized if it creates a wider spacing between access points than would be provided in the absence of common access.
2. 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 corner clearance requirements of Section 5-2-3.02, Access Spacing and Corner Clearance.
3. 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:
      1. A connection permit is required.
      2. Site plan review or development plat is required.
      3. The site experiences an increase of 20 percent or greater in peak hour trips or 100 vehicles per hour in the peak hour, whichever is less, as determined by one of the following methods:
         1. An estimation based on the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) methodology for typical land uses; or
         2. Traffic counts made at similar traffic generators located in the City; or
         3. 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.
4. 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.

Effective on: 1/1/1901

1. Minor Streets and Collectors. There shall be a minimum spacing between the near edges of adjacent access points to local streets and collectors as set out in Table 5-2-3.02.1, Access Spacing, Local Streets, and Collectors.

2. Arterials. There shall be a minimum spacing between the near edges of adjacent access points to arterials as set out in Table 5-2-3.02.2, Access Spacing, Arterials.

3. Access Spacing, Opposite Sides of Street. In order to prevent conflicting left-turn movements, connections on opposite sides of the street shall be directly opposite each other or offset by a distance of at least 75 feet, unless a median prevents the potential conflicts.
4. Measurement of Access Spacing. The minimum spacing requirements of this Section are measured along the edge of the travel way, from the closest edge of pavement of the first access connection to the closest edge of pavement of the second access connection, including corner clearance, as illustrated in Figure 5-2-3.02.1, Measurement of Access Connection Spacing. Access points include streets, alleys, driveways, and service roads.

5. Corner Clearance.
   1. For all uses located on corner lots, there shall be a minimum clearance between the near edge of the nearest access point and the property corner at street intersections. A minimum tangent length of five feet shall be required between the curb return and the property line extended, and no access point shall interfere with fire hydrants, storm inlets, or other curb frontage improvements. The minimum clearances are set out in Table 5-2-3.02.4, Corner Clearance, City Streets. However, for streets under the jurisdiction of TxDOT, corner clearance shall meet the requirements of Table 5-2-3.02.2, Access Spacing, Arterials.

1. 2. If the dimensions of an existing lot and the absence of a reasonable opportunity for shared access make compliance with Subsection E.1., above, 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.

Effective on: 1/1/1901

1. Generally. The dimensions of access points are based on the peak hour trip generation volume of the use(s) to which access is to be provided. Peak hour trips may be allocated to one or more proposed access points. A professional engineer shall provide the calculations for peak hour trip generation and assignment to proposed access points. However, the low impact uses described in Subsections B. and C., below, are not required to provide calculations with respect to trip generation and assignment.
2. Single-Family and Two-Family Lots. Each lot that contains a single- or two-family dwelling shall have no more than two driveways along any street frontage. Driveway width shall not exceed that width set out in Table 5-2-3.03.1, Maximum Width of Access.

3. Low Volume Presumption. The following uses are presumed to require only a single Low Volume access points as described in Table 5-2-3.03.2, Access Standards, General, and shall not require additional analysis provided as the conditions of this Subsection are met.
   1. Multi-family development has fewer than 50 units.
   2. Nonresidential development, except light automobile service, has less than 5,000 square feet of gross floor area.
4. Standard Dimensional Requirements. In all districts, the standards of Table 5-2-3.03.2, Access Standards, General, apply.

5. Measurement of Reservoir. Generally, the reservoir indicated in Table 5-2-3.03.2, Access Standards, General, is measured perpendicularly from the property line to the edge of the first parking space or aisle. However, the reservoir may be measured from the edge of pavement of the adjacent street if it is demonstrated that:
   1. Measurements from the edge of pavement allows for an improved site design; and
   2. It is not anticipated that the adjacent street will be widened.
6. Peak Hour Volume in Excess of 500 Trips. If the peak hour volume of an individual access point exceeds 500 trips, the access point shall be designed as a street intersection. Further access to lots or parking areas shall be evaluated according to the standards of this Division (e.g., the corner clearance standard will apply to the distance from the intersection to the first internal access connection, and the reservoir standard will apply to the distance between the connection and the first parking space).

Effective on: 1/1/1901

1. Separate Ownership; No Common Plan of Development. Where adjacent properties are separately owned and not part of a common plan of development, the City may require common access or internal cross access as the parcels are developed, substantially improved, or redeveloped. As such, an applicant may be granted temporary individual access if:
   1. The applicant demonstrates in writing that a reasonable offer with regard to cross access was refused by the adjacent landowner; and
   2. The applicant records a covenant acceptable to the Administrator to ensure that the connection will be provided and access will be consolidated upon the earlier of:
      1. Approval for development, substantial development, or redevelopment of the adjacent property, provided such connection is a requirement of the approval for the adjacent property; or
      2. The applicant’s parcel and the adjacent parcel coming under common ownership; and
   3. The applicant demonstrates that the proposed temporary access will not materially affect the safe and efficient flow of traffic.
2. Common Ownership or Common Plan of Development. Phased development, development sites under the same ownership, or development sites that are consolidated for the purposes of development and comprised of more than one building are considered unified parcels. Unified parcels shall provide access as follows:
   1. The number of connections permitted shall be the minimum number necessary to provide reasonable access to the overall site and not the maximum available for the site’s frontage, as set out in Section 5-2-3.05, Number of Access Points.
   2. Access to outparcels shall be internalized using a shared circulation system and designed to avoid excessive movement across parking aisles or queuing across surrounding parking and driving aisles.
3. Terms. The City may require that common and cross access easements include one or more of the following:
   1. A continuous drive extending the entire length of each block it serves or at least 1,000 feet of linear frontage along a thoroughfare, whichever is less;
   2. Sufficient width to accommodate a two-way access between properties, designed to accommodate automobiles and service and loading vehicles;
   3. Stub-outs and other design features to allow abutting properties to be tied in to provide future cross access;
   4. Linkage to other cross access drives in the area; and
   5. Common access, internal cross access, and driveway entrance improvements for nonresidential developments shall be made prior to the recording of a subdivision or redevelopment plat.
4. Approval and Recording of Easements.
   1. Access that is shared by adjacent properties, whether under single or separate ownership, requires an appropriate legal instrument, approved as to form by the City Attorney, to ensure continued shared access and recorded in the public records of Montgomery County at the applicant’s expense. The recorded book and page number shall be referenced on any subsequent subdivision plats of the property.
   2. If there is an existing shared access for which there is no recorded legal documentation, such documentation shall be approved as to form by the City Attorney, executed, and recorded as provided in Subsection D.1., above.

Effective on: 1/1/1901

1. Generally.
   1. The maximum number of access points allowed will be the smallest number of access points that are necessary to accommodate the peak hour demands of the site. For example, if a use generates 300 peak hour trips (see Table 5-2-3.03.2, Access Standards, General), then it would be served by one High Volume access point, not six Low Volume access points.
   2. The maximum number of access points may be increased if:
      1. The lot fronts on a State highway or an arterial street and one or more side streets of lesser functional classification;
      2. Access to the site will be provided from the streets of lesser functional classification; and
      3. The total number of access points along the arterial frontage is reduced.
2. Limitation. Nothing in this Section supersedes the other access management requirements of this Division.

Effective on: 1/1/1901

1. Purpose. It is the purpose of these regulations to prevent land or structures, from being used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, radioactive, or other hazardous condition; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; or other substance, condition, or elements in a manner or amount as to adversely affect the surrounding area or the community at-large.
2. Compliance. Compliance with the requirements of this Division shall not be interpreted as authorizing a practice or operation which would constitute a violation of any other applicable statute, ordinance, rule, or regulation. Where these regulations conflict with other regulations, the more stringent regulation shall apply.
3. Administration. All uses of land or structures shall conform to the standards in this Division.

Effective on: 1/1/1901

1. Maximum Noise Level. No use shall exceed the noise level indicated in Table 5-2-4.02, Maximum Noise Levels, measured at any property line.

2. Exceptions. The following are exceptions from the standards of this Section:
   1. Noises emanating from construction activities between the hours of 7:00 a.m. and 7:00 p.m. that are temporary in nature.
   2. Noise emanating from a site that is occasional and/or temporary in nature, such as a lawn and landscaping maintenance, and loading and unloading, that takes place between the hours of 7:00 a.m. and 7:00 p.m.
   3. Emergency warning devices and equipment operated in conjunction with emergency situation, including the routine testing of such warning devices during daytime hours.
3. Sound Level Measurement. Sound level measurements shall be made with a properly calibrated sound level meter using the weighted network in accordance and conformance with noise measurement standards based on the referenced sound pressure, promulgated by the American National Standard Institute and Testing Procedures (ANSI). The sound level measurement shall be taken at the point and where practical not less than five feet above ground level, but in no event less than three feet above ground level. A minimum of three readings shall be taken at two minute intervals. The sound level shall be the average of these readings. In the case of attached or multifamily dwellings, the sound level shall be measured within the adjacent, attached dwelling.
4. Outdoor Sound Amplification.
   1. No person shall use or operate a sound amplification devise that emits sounds audible within a public street or other outdoor place without a valid sound amplification permit issued by the City.
   2. It is an exception to the requirements of this Subsection that the sound amplification system does not produce a sound that exceeds the dBA levels established by this Section.

(Ord. No. O-2017-012, 07/11/2017) 

Effective on: 7/11/2017

1. Generally. No land use shall produce vibration that exceeds the limits set out by this Section.
2. Exceptions. This Section does not apply to vibration generated by:
   1. Noises emanating from construction activities between the hours of 7:00 a.m. and 7:00 p.m. that are temporary in nature.
   2. Transient noises from moving vehicles, such as trucks and automobiles or trains.
3. Standards. The standards of Table 5-2-4.03, Vibration Standards, shall be met, except as provided in Subsection B., above.

4. Measurement. An operator trained to measure vibrations shall make all such measurements and shall submit and certify them with the City.

Effective on: 1/1/1901

1. Generally. Air quality shall be maintained according to State and Federal standards. Demonstration of compliance shall be provided as required by this Section.
2. Emissions. Applicants for the approval of uses that will emit air pollutants that are subject to regulation pursuant to the Federal Clean Air Act shall demonstrate compliance with that law.
3. Control of Wind Blown Dust. Landowners shall control wind-blown dust.

Effective on: 1/1/1901

1. Glare from Use. Glare from any process (such as or similar to arc welding or acetylene torch cutting), which emits harmful ultraviolet rays shall be performed in such manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines or street rights-of-way.
2. Glare from Buildings and Structures. Buildings and structures (including signs) shall be designed and oriented to avoid glare that materially interfere with the safe operation of streets.

Effective on: 1/1/1901

1. Storm Water Management. Measures to protect water quality and to manage the quantity and velocity of storm water runoff shall be implemented pursuant to the standards set out in Article 5-4, Storm Water Management.
2. Grading, Erosion, and Sediment Control. Measures to protect water quality during construction and for land disturbance activities shall be implemented pursuant to the standards set out in
   Article 5-4, Storm Water Management.

Effective on: 1/1/1901

It is the purpose of this Article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, other applicable utilities, and bridges located in floodplains;
5. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight area; and
6. Ensure that potential buyers are notified that property is in a flood prone area.

Effective on: 1/1/1901

1. Application. This Article shall apply to all areas of special flood hazard within the City and extraterritorial jurisdiction.
2. Interpretation. All provisions of this Article shall be:
   1. Considered as minimum requirements;
   2. Liberally construed in favor of the City; and
   3. Deemed neither to limit nor repeal any other powers granted under State statutes.
3. Restrictions. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall apply.

Effective on: 1/1/1901

In order to accomplish its purposes, this Division shall use the following methods:

1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood, or that cause excessive increases in flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities which serve such uses, are protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
4. Control filling, grading, dredging, and other development which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

Effective on: 1/1/1901

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the most recent scientific and engineering report applicable to this City and surrounding extraterritorial jurisdiction with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary Floodway Maps (FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Division.

Effective on: 1/1/1901

1. General Standards. In all areas of special flood hazard, all new construction and substantial improvements shall be:
   1. Designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
   2. Constructed by methods and practices that minimize flood damage;
   3. Constructed with materials resistant to flood damage;
   4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
   5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
   6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and
   7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
2. Specific Standards. In all areas of special flood hazard where base flood elevation has been provided as set out in this Section and Section 5-3-2.02, Basis for Establishing Areas of Special Flood Hazard, the following standards are required:
   1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to a minimum of one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standards of this Subsection, as proposed in Chapter 11, Permits and Procedures, are satisfied.
   2. Nonresidential Construction. New construction and substantial improvements of any nonresidential or industrial structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection. A record of such certification, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
   3. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
      1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
      2. The bottom of all openings shall be no higher than one foot above grade.
      3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
   4. Manufactured Homes.
      1. All manufactured homes to be placed within Zone A on the City’s FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and City anchoring requirements for resisting wind forces.
      2. Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the City’s FIRM on sites:
         1. Outside of a manufactured home park or subdivision;
         2. In a new manufactured home park or subdivision;
         3. In an expansion to an existing manufactured home park or subdivision; or
         4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood; are elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
      3. Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH, and AE on the City’s FIRM that are not subject to the provisions of Subsection 4., above, of this Section are elevated so that either:
         1. The lowest floor of the manufactured home is at or above the base flood elevation; or
         2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 35 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
   5. Recreational Vehicles. Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the City’s FIRM either shall:
      1. Be on the site for fewer than 180 consecutive days;
      2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
      3. Meet the permit requirements of Chapter 11, Permits and Procedures, and the elevation and anchoring requirements for “manufactured homes” in Subsection B.4., above.
3. Subdivision Proposals.
   1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Section 5-3-1.01, Purpose and Section 5-3-2.01, Methods of Reducing Flood Losses.
   2. All proposals for the development of subdivisions, including the placement of manufactured home parks and subdivisions, shall meet development permit requirements as set out in Chapter 11, Permits and Procedures, and the provisions of this Article.
   3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which are greater than 50 lots or five acres, whichever is less, if not otherwise provided pursuant to Section 5-3-2.02, Basis for Establishing Areas of Special Flood Hazard and Chapter 11, Permits and Procedures.
   4. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
   5. All subdivision proposals, including the placement of manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.
4. Areas of Shallow Flooding (AO/AH Zones). Located within the areas of special flood hazard established in Section 5-3-2.02, Basis for Establishing Areas of Special Flood Hazard, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following regulations apply:
   1. All new construction and substantial improvements of nonresidential structures shall:
      1. Have the lowest floor elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City’s FIRM (at least two feet if no depth number is specified); or
      2. Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyance.
   2. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as set out in Chapter 11, Permits and Procedures, are satisfied.
   3. Adequate drainage paths required around structures on slopes within Zones AH or AO, to guide floodwaters around and away from proposed structures.
5. Floor Elevation Requirements. All residential concrete slab floor elevations shall not be less than 18 inches above the top of the nearest sanitary sewer manhole, or not less than 18 inches above the crown of the street nearest thereto, whichever is the lease elevation. If there are more restrictive height elevation requirements (which means more than 18 inches) in either the Unified Development Code or the Magnolia Code of Ordinances, the more restrictive height requirement shall apply. If there are less restrictive height elevation requirements ( which means less than 18 inches) in either the Unified Development Code or the Magnolia Code of Ordinances, the 18-inch requirement in this section shall apply. 

(Ord. No. O-2017-032, 12/12/2017) 

Effective on: 12/12/2017

Floodways located within areas of special flood hazard established in Section 5-3-2.02, Basis for Establishing Areas of Special Flood Hazard, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following regulations shall apply:

1. Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge.
2. If Subsection A., above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article.
3. Under the provisions of 44 CFR 65.12, of the National Flood Insurance regulations, a City may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the City first applies for a conditional FIRM and floodway revision through FEMA.

Effective on: 1/1/1901

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. On rare occasions, greater floods can and will occur and flood heights may be increased by manmade or natural causes. This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City, or any official or employee thereof, for any flood damages that result from reliance on this Article or any administrative decisions lawfully made thereunder.

Effective on: 1/1/1901

1. Findings of Fact.
   1. It is hereby determined that:
      1. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition;
      2. Storm water runoff contributes to increased quantities of water-borne pollutants; and
      3. Storm water runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of storm water runoff from development sites.
   2. The City recognizes that water quality and quantity requirements of Federal, State, and County laws applicable to surface waters provide reasonable guidance from the control of storm water runoff for the purpose of protecting local water resources from degradation.
   3. It is determined that the control of storm water runoff discharges from land development projects and other construction activities in order to manage and minimize increases in storm water runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with storm water runoff is in the public interest and will prevent threats to public health and safety.
2. Purpose of Regulations that Apply to Permanent Controls and Maintenance. The purpose of Section 5-4-1.02, Drainage System, is to ensure that storm water management requirements and controls are in place to protect and safeguard the general health, safety, and welfare of the public. It requires plans to be reviewed according to performance standards promulgated by the State and Federal government, depending upon the circumstances of the individual application. It also includes specifications for construction of drainage facilities.
3. Purpose of Regulations that Apply to Construction Activities. During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and the dredging of lakes, streams, and other water channels. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat. Consequently, the purpose of Section 5-4-1.05, Storm Water Management, during construction is to implement Federal laws that seek to safeguard persons, protect property, and prevent damage to the environment.

Effective on: 1/1/1901

1. Generally. Drainage systems shall be designed according to the standards of this Section and any applicable drainage master plan.
2. Adequate Rights-of-Way Required. Whenever any public stream, water body, or surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate adequate rights-of-way that are sufficient to provide for the drainage course and access for the purposes of cleaning, widening, deepening, sloping, improving, or protecting the stream and for drainage maintenance.
3. Separate Easement Required. Drainage easement or right-of-way shall not be considered a part of street right-of-way.
4. Prohibited Encroachment. Lots created along a drainage channel shall not encroach upon or into a drainage easement.
5. Design Consideration. All surface drainage courses (new or existing) shall include design considerations for one or more of the following:
   1. Closure of a drainage course with a pipe or box culvert;
   2. Lining a drainage course for the full channel cross-section with earthen material (dirt, rocks, tree roots, etc.) and grass, rock, or concrete dependent upon water volume and velocity; soil types; channel depth, width, and alignment; and constructions or contractions such as embankments and bridge abutments or piers;
   3. Constructing a drainage course with minimum three to one side slopes (three feet of horizontal run to one foot of vertical depth);
   4. Open channel design;
      1. Sufficient dedicated easement for top-of-bank access with a continuous minimum dimension of 15 feet wide on one side of the drainage course, and a continuous minimum of five feet wide on the other side of the drainage course;
      2. A minimum bottom width of five feet. Designers are advised that an open channel could be larger due to site-specific variables of slope, runoff quantities, and other design considerations. However, the minimum open channel design shall adhere to this criterion. Example: a five foot deep open channel would have 3:1 side slopes, a five foot bottom and a total of 20 feet on the top of bank areas. This would require a total easement width of 55 feet. This will vary according to the depth of channel.
6. Required Review and Approval. All design features for storm water drainage in a development shall be subject to the approval of the City Engineer. Should there be site-specific conditions that warrant or demand deviation from the above criteria, these considerations may be reviewed by the City Engineer. Such a request for deviation shall be made in writing with supporting documentation. Approval of any deviation from these specifications shall be made in writing by the City Engineer. Cost alone shall not be sufficient grounds for approval of a deviation. The Administrator shall be notified in writing of any approved deviations from the specifications contained in this Section.
7. Improvement Standards.
   1. Surface Drainage. An adequate drainage system, including necessary closed drainage systems, pipes, culverts, intersectional drains, drop inlets, bridges, and other drainage improvements shall be provided for the proper drainage of all surface water. Storm catch basins shall be located such that a maximum of 450 linear feet drains into two basins.
   2. Runoff Reduction Requirement. Drainage systems shall include a means of retention/detention to provide a 10 percent reduction in runoff from pre-construction conditions. Requests for a lower percentage reduction must be approved in writing by the City Engineer or appointee designated by the Administrator.
   3. Design Specification. Subsurface storm drains shall be of reinforced concrete, or an approved equal, and a minimum of 15 inches or greater in diameter, as determined by the City Engineer.
   4. Requirements for a 25-Year Storm. The City Engineer shall have the right, if deemed necessary, to require that principal drainage facilities be designed to handle storms occurring on an average frequency of up to 25 years.

Effective on: 1/1/1901

1. Drainage Report. Any owner, developer, subdivider, or their agent who apply to subdivide, develop, improve, or build any residential, nonresidential, or industrial development or subdivision must, in addition to any other requirement of law or ordinance, submit drainage plans in conformity with this Section and any applicable drainage master plan.
   1. Subdivision and site plan applications shall be accompanied by a drainage report, which shall include, at a minimum, the following information:
      1. A cover sheet with the name of the subdivision and the contact information for the engineering firm that prepared the drainage report;
      2. A summary sheet that shows:
         1. Project location;
         2. Existing/proposed conditions;
         3. Location with respect to areas of special flood hazard;
         4. Existing and proposed runoff estimations;
         5. Storm drainage detention estimations;
         6. Soil data information; and
         7. Direction of flow.
      3. A drainage area map that shows;
         1. Delineation of all contributing areas;
         2. Contours;
         3. Spot elevations;
         4. Direction of flow;
         5. Right-of-way/property lines and dimensions; and
         6. Existing and proposed storm sewer system, including outfall.
      4. A calculations sheet that shows:
         1. Time concentration estimates;
         2. Runoff coefficient assumptions; and
         3. Storage volume calculations.
   2. Drainage reports are subject to the review and approval by the City Engineer.
2. Drainage Facilities. Drainage facilities shall be provided and constructed at the expense of the applicant pursuant to City drainage policy and as specified by the City Engineer. The applicant shall be solely responsible for the design and installation of drainage facilities so as to prevent flooding or like damage to any adjoining property.

Effective on: 1/1/1901

1. Generally. Continuing maintenance of storm water management facilities is required pursuant to this Section.
2. Maintenance Easement. Prior to the issuance of any permit that has a storm water management facility as one of the requirements of the permit, the applicant, owner, developer, or subdivider of the site must execute a maintenance agreement, which shall be in a form acceptable to the City Attorney, that shall be binding on all subsequent owners of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City, Montgomery County, or its contractors or agents, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet the applicable design standards and any other provisions established by this UDC. The agreement shall be recorded in the public records of Montgomery County, and if associated with a plat, shall be identified on the recorded plat.
3. Maintenance Covenants. Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance covenant, in a form acceptable to the City Attorney, which must be approved by the City and recorded upon final plat approval and prior to the issuance of a building permit. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
4. Requirements of Maintenance Covenants. All storm water management facilities must undergo, at a minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this UDC and accomplishment of its purposes. These needs may include; removal of silt, litter, and other debris from all catch basins, inlets, and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed by the owner, developer, or subdivider in a timely manner, as determined by the City, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.
5. Inspection of Storm Water Facilities. Inspection programs may be established on a reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins.
6. Right of Entry for Inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, the property owner shall grant to the City, or other appropriate enforcement agency, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the City, or other appropriate enforcement agency, has a reasonable basis to believe that a violation of this UDC is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Code.
7. Records of Installation and Maintenance Activities. Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the City, or other appropriate enforcement agency, during inspection of the facility and at other reasonable times upon request.
8. Failure to Maintain Practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City shall notify in writing the party responsible for maintenance of the storm water management facility. Upon receipt of that notice, the responsible person shall have not more than seven days to effect maintenance and repair of the facility in an approved manner, which may be reduced if justified by the level of danger posed. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties.
9. Dedication in Lieu of Covenant. In lieu of a maintenance covenant, the City may, in its discretion, accept dedication (or allow dedication to another appropriate entity) of any existing or future storm water management facility for maintenance, provided such facility meets all the requirements of this Code and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Effective on: 1/1/1901

1. Generally. In addition to the provision for drainage to move storm water safely through the City and avoid flooding damage or safety risks, there is a need to clean storm water to maintain the health of the streams and water bodies in the community by reducing or eliminating pollutants before they reach the permanent streams. There are three strategies that may be applied as part of the storm water treatment train, including avoidance, minimization, and mitigation. For the most part, avoidance strategies are built into this Code as are a number of minimization strategies. The Code is based on making maximum use of avoidance and, then, minimization.
2. Management Strategies.
   1. Avoidance. In figuring storm water loads and pollutions loads, the impact of avoidance techniques shall be taken into account in the sizing of any mitigation applications, which may result in smaller storm water treatment or detention facilities. In addition, the use of reduced street rights-of-way and pavement areas may be considered, where appropriate.
   2. Minimization. The following are techniques that can be used to minimize the impact of impervious surfaces by reducing connected impervious surfaces thereby reducing the area and cost of mitigation techniques:
      1. Water gardens convey drainage from rooftops or drives to water gardens. The water garden shall be landscaped with natural vegetation that includes un-mowed groundcovers and woody plants that can tolerate periodic inundation. When conveying the roof runoff to open spaces with natural vegetation, care must be taken to assure sheet flow, not channelized flow, to prevent erosion.
      2. Rain barrels or cisterns can be designated into the buildings or yards so that roof runoff is directed to these storage facilities and used for beneficial purposes such as lawn watering, vehicle washing, or other non-potable purpose. Their installation must be partly assured by the subdivider’s surety.
      3. Vegetated swales may be used unless the subdivider can show they are impractical or that the slopes would result in erosion. Swale blocks may be installed at intervals along a vegetated swale to allow the water to build up into a series of pools, slowing water flow and allowing the vegetation to assist in cleaning and settling out solids. The blocks shall be slotted to allow them to drain down and have a notch to permit maximum flows during storm events without overflowing the swale.
      4. Curb and gutter systems and their associated storm sewer system are undesirable because they greatly increase peak discharge rate and prevent infiltration or treatment of storm water. Curb and gutter systems shall be used only where needed to contain parking, when swales cannot safely convey the volume and peak discharge rate of storm water without erosion, or where curbs are needed to contain parking on streets. When streets transverse open space areas, curbs shall be removed.
      5. Curbs without storm sewers may be designed with slots or discharge sections to convey the storm water to swales.
      6. Green roofs that are planted in vegetation are encouraged for buildings with roof areas in excess of 40,000 square feet. These provide both storm water storage and cleaning of the water.
   3. Mitigation. Mitigation is required prior to discharging storm water into streams with a defined water course or channel, except where community storm water management facilities intended to serve the area of the development exist downstream. The extent to which the mitigation facilities are needed depends on the degree to which the avoidance and minimization techniques are used. In addition to calculating the reduced size of the detention facilities, the extent of the cleaning capacity shall be calculated. The following are best management techniques:
      1. Retention with Vegetation. The preferred storm water best management practice is initial retention and infiltration of runoff in depressed landscape or natural areas. These areas should be shallow and vegetated with natural vegetation that can tolerate temporary ponding of water. All such facilities shall be designed to hold a three inch storm. These, in conjunction with vegetative swales, if properly designed, may eliminate or sharply reduce the need for a settlement basin.
      2. Wet Basin. Wet basins are most effective in cleaning storm water. The basin shall be at least a two-part basin, with an initial pool for settlement of solids that has a cleanout access point. The second part is the detention basin where water is detained for additional treatment. All wet basins shall be designed with wetland buffers on the safety ledges, at the area that separates the settlement pool from the main basin, outlet, and inlet. The water retained in the basin between flow events is actively cleaned so that when storm water comes in, the cleaner water is pushed out. Where feasible, these basins shall be used.
      3. Dry Basin. These basins are designed to drain within 24 hours for which water quality treatment is negligible. They may require use in conjunction with avoidance techniques that address the majority of the water quality treatment or a combination of minimization and mitigation techniques.

Effective on: 1/1/1901

1. Generally. Pursuant to the Texas Pollutant Discharge Elimination System (TPDES) program, a Storm Water Pollution Prevention Plan (SWPPP) permit is required for all development that impacts 10 or more acres of land.
2. Requirements.
   1. The developer or builder must file a Notice of Intent (NOI) with the Texas Commission of Environmental Quality (TCEQ).
   2. General contractors shall create or update and submit a storm water pollution prevention plan for the specific sites upon which the work and the sequence of work on the site will be performed. Contractors shall follow:
      1. Best management practices to minimize off-site sedimentation; and
      2. All requirements of the TXR150000 General Permit for Storm water, General Permit for Construction Activities.
   3. Erosion control devices shall be maintained for the entire duration of the construction project. The contractor shall inspect the condition of erosion control devices:
      1. At intervals of not less than seven days; and
      2. After each rain event of 0.5 inches or more.
   4. The contractor shall maintain a record of these inspections, which shall be available to the City or other designated enforcement entity upon request.
   5. Temporary seeding shall be performed as soon as practicable in order to reduce siltation.

      The contractor shall file a Notice of Termination (NOT) with TCEQ after a certificate of approval is issued.

Effective on: 1/1/1901