A.

Generally. This Article shall be applicable to the filing of plats and the subdivision of land, as that term is defined herein and in Chapter 212 of the Texas Local Government Code, within the corporate limits of the City of Marble Falls and its extraterritorial jurisdiction as they may be from time to time adjusted by annexation or disannexation. The City shall have all remedies and rights provided by said Chapter 212 with regard to the control and approval of subdivisions and plats both within the City and within its extraterritorial jurisdiction pursuant to agreements with Burnet County.

B.

Interpretation. In the interpretation and application of the provisions of this Article, it is the intention of the City Council that the principles, standards and requirements provided for herein shall be minimum requirements for the platting and developing of subdivisions within the City of Marble Falls and its extraterritorial jurisdiction. Minimum standards for development are contained in the City's Technical Construction Standards and Specifications (TCSS), the building code, applicable articles of the Code of Ordinances, and in these regulations. However, the Comprehensive Plan (including the Future Land Use Plan, Thoroughfare Plan, Park and Open Space Plan, and other related plans) contains policies designed to achieve an optimum quality of development in Marble Falls and its extraterritorial jurisdiction. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous municipal setting and physical environment within the community. Subdivision design shall be of a quality that will carry out the purpose and spirit of the policies expressed within the Comprehensive Plan and within these regulations and shall be encouraged to exceed the minimum standards required herein.

C.

Purpose. The procedure and standards for the development, layout and design of subdivisions of land are intended to:

1.

Promote the development and the utilization of land in a manner that assures an attractive and high-quality community environment in accordance with the Comprehensive Plan of the City of Marble Falls;

2.

Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required;

3.

Protect the public interest by imposing standards for the location, design, class and type of streets, walkways (sidewalks), alleys, utilities and essential public services;

4.

Assist orderly, efficient and coordinated development within the City's limits and its extraterritorial jurisdiction;

5.

Provide neighborhood conservation and prevent the development of slums and blight;

6.

Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts;

7.

Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided;

8.

Provide for compatible relationships between land uses and buildings; provide for the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways; provide for pedestrian circulation that is appropriate for the various uses of land and buildings; and provide the proper location and width of streets;

9.

Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land;

10.

Preserve the natural beauty and topography of the municipality, and ensure development that is appropriate with regard to these natural features;

11.

Establish adequate and accurate records of land subdivision;

12.

Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the City and its extraterritorial jurisdiction;

13.

Protect and provide for the public health, safety and general welfare of the community;

14.

Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population;

15.

Protect the character and the social and economic stability of all parts of the community, and encourage the orderly and beneficial development of all parts of the community;

16.

Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and minimize conflicts among the uses of land and buildings;

17.

Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities; and

18.

Encourage the development of a stable, prospering economic environment.

D.

Jurisdiction. The provisions of this Article shall apply to the following forms of land subdivision and development activity within the City's limits and its extraterritorial jurisdiction:

1.

The division of land into two (2) or more tracts, lots, sites or parcels; or

2.

All subdivisions of land whether by metes and bounds division or by plat, which were outside the jurisdiction of the City's subdivision regulations in Burnet County or Blanco County, Texas and which subsequently came within the jurisdiction of the City's subdivision regulations through:

a.

Annexation; or

b.

Extension of the City's extraterritorial jurisdiction; or

3.

The combining of two (2) or more contiguous tracts, lots, sites or parcels for the purpose of creating one (1) or more legal lots in order to achieve a more developable site, except as otherwise provided herein; or

4.

When a Building Permit is required for the following uses:

a.

Residential single-family.

i.

Construction of a new single-family dwelling unit; or

ii.

Moving of a primary structure or a main building onto a piece of property; or

b.

Nonresidential and multifamily.

i.

Construction of a new nonresidential or multifamily structure; or

ii.

Additions, such as increasing the square footage of an existing building by more than thirty (30) percent of its gross floor area; or

iii.

Moving a primary structure onto a piece of property; or

5.

For tracts where any public improvements are proposed; or

6.

When building structures on or across platted property line; or

7.

Whenever a property owner proposes to divide land lying within the City or its extraterritorial jurisdiction into two or more tracts, and claims exemption from Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of development, that results in parcels or lots all greater than five (5) acres in size; or in the event that development of any such tract is intended, and where no public improvement is proposed to be dedicated, he shall first obtain approval of a Development Plat that meets the requirements of Texas Local Government Code Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041 through 212.050, as may be amended. (See Division 11.4, Subdivision Permits and Approvals, of these regulations for requirements for Development Plats.)

E.

Applicability.

1.

Requirement to Plat. No subdivision plat shall be recorded until a Final Plat, accurately describing the property to be conveyed, has been approved in accordance with these regulations and with other applicable City regulations (described in Subsection 6.1.1.E.2, Compliance with Ordinances, below). No Building Permit, Certificate of Occupancy, plumbing permit, electrical permit, flood plain permit, utility tap, or certificate of acceptance for required public improvements shall be issued by the City for any parcel of land or plat until:

a.

A Final Plat has been approved in accordance with Division 11.4, Subdivision Permits and Approvals; and

b.

All public improvements required by these regulations have been constructed and accepted by the City of Marble Falls; or

c.

Assurances for completion of improvements have been provided in accordance with Division 6.4, Requirements for Acceptance of Subdivisions of this Article.

2.

Compliance with Ordinances. Compliance with all City ordinances pertaining to the subdivision of land, and the Comprehensive Plan, shall be required prior to approval of any development application governed by these regulations. It is the property owner's responsibility to be familiar with, and to comply with, City ordinances. Applicable ordinances and requirements include, but are not limited to, the following:

a.

Comprehensive Plan, which includes the Future Land Use Plan, Thoroughfare Plan, Park and Open Space Plan, and all other associated maps and plans;

b.

Building codes;

c.

Flood damage prevention code;

d.

Fire prevention code;

e.

Other applicable sections of these regulations;

f.

Other applicable chapters of the City's Code of Ordinances; and

g.

City of Marble Falls Storm Water Ordinance.

F.

Exemptions. The provisions of this Article shall not apply to:

1.

Development of land legally platted and approved prior to the effective date of these regulations, except as otherwise provided for herein (construction of facilities and structures shall conform to design and construction standards in effect at the time of construction) and for which no re-subdivision is sought; or

2.

Development of land constituting a single tract, lot, site or parcel for which a legal deed of record describing the boundary of said tract, lot, site or parcel was filed of record in the Deed Records of Burnet County, Texas on or before June 27, 2005; or

3.

Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is occurring; or

4.

Existing cemeteries complying with all state and local laws and regulations; or

5.

Divisions of land created by order of a court of competent jurisdiction; or

6.

When a Building Permit is requested for unplatted or already platted parcels for one (1) or more of the following activities:

a.

Replacement or reconstruction of an existing primary single-family or duplex structure, but not to exceed the square footage, nor deviate from the original location, of the original structure;

b.

Building additions, such as increasing the square footage of a residence or other structure, not over thirty (30) percent of the gross floor area of the structure (except when an expansion crosses a platted lot line);

c.

Accessory buildings (as defined in these regulations);

d.

Remodeling or repair which involves no expansion of square footage; or

e.

Moving a structure off a lot or parcel, or for demolition permits.

A.

Generally.

1.

The arrangement, character, extent, width, grade and location of all streets shall conform to the City of Marble Falls Thoroughfare Plan and TCSS, and shall be considered in their relation to existing and planned streets or driveways (whether within the City of Marble Falls, within its ETJ area, or within adjacent municipal or county areas), to topographical conditions, to public safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve or residual strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or accessible for improvements shall not be permitted in any subdivision unless such are required by the City in the public interest (such as to enhance public safety or other public interest). All streets shall be constructed in accordance with Division 6.3, Improvements Required by the City, and with the City's TCSS.

2.

Proposed streets shall provide a safe, convenient and functional system for vehicular and pedestrian circulation, shall be properly related to the Thoroughfare Plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. All streets shall be open and unobstructed at all times. The layout of the street network shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction, thereby helping to reduce storm water runoff and preserve natural, scenic characteristics of the land.

B.

Adequacy of Streets and Thoroughfares.

1.

Responsibility for Adequacy of Streets and Thoroughfares. The developer shall ensure that the subdivision is served by adequate streets and thoroughfares and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the City's cost participation policies on oversized facilities.

2.

General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular traffic to be generated by the development. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road classification system, Comprehensive Plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development.

3.

Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, and safe and efficient traffic circulation. The adequacy of the road network for developments of two hundred (200) or more dwelling units, or for developments generating two thousand (2,000) or more "one-way" trips per day, or for developments involving collector or arterial streets not appearing on the City's adopted Thoroughfare Plan, shall be demonstrated by preparation and submission, prior to or along with the Preliminary Plat application, of a Traffic Impact Analysis prepared in accordance with Subsection 6.2.1.D, Traffic Impact Analysis, below, which takes into consideration the need to accommodate traffic generated by the development, land to be developed in common ownership and other developed property. In the event that the property to be developed is intended as a phase in a larger development project or constitutes a portion of the land to be ultimately developed, the Planning or Zoning Commission or City Council may require a demonstration of adequacy pursuant to this Section for additional phases or portions of the property as a condition of approval for the proposed Preliminary Plat. In the event that the applicant submits a Traffic Impact Analysis for an entire phased development project, the City may require an update of the study for each subsequent phase of the development which reflects any applicable changed conditions. If the Preliminary Plat is in conformance with the Thoroughfare Plan and if the Preliminary Plat is for a development of less than two hundred (200) dwelling units or for a development generating less than two thousand (2,000) "one-way" trips per day, then a Traffic Impact Analysis is not required.

4.

Approach Roads and Access. All subdivisions must have at least two (2) points of vehicular access (primarily for emergency vehicles) and must be connected via improved roadways to the City's improved thoroughfare and street system by one (1) or more approach roads of such dimensions and improved to such standards as are hereinafter set forth. Requirements for dedication of right-of-way and improvement of approach roads may be increased depending upon the size or density of the proposed development, or if such need is demonstrated by Traffic Impact Analysis.

a.

"Two (2) points of vehicular access" shall be construed to mean that the subdivision has at least two (2) improved roads accessing the subdivision from the City's improved thoroughfare system, and the subdivision has at least two (2) road entrances. The City Council may, at its discretion and upon a finding that such will not compromise public safety or impede emergency access, accept a single median-divided entrance from the City's improved thoroughfare system provided that the median extends into the subdivision for an unbroken length of at least one hundred (100) feet to an intersecting internal street which provides at least two (2) routes to the interior of the subdivision. For example, the entrance street is not a dead-end or cul-de-sac, and it does not create a "bottleneck" allowing only one (1) emergency route into the interior of the subdivision. Residential lots may not front onto any median-divided street section, and residential driveways may not be located in front of a median. (Also see Subsection 6.2.1.O, Points of Access, below.)

b.

The subdivision shall be designed to provide adequate emergency access for public safety vehicles. Each residential lot in the subdivision shall have a minimum frontage on a dedicated public street as required by applicable zoning or thirty-five (35) feet, whichever is greater, unless other provisions have been authorized through planned development approval. Each nonresidential lot shall have a minimum frontage on a dedicated public street as required by applicable zoning or fifty (50) feet, whichever is greater, unless other provisions have been authorized through Planned Development approval.

5.

Off-site Improvements. Where traffic impact analysis demonstrates the need for such facilities, or where the City believes public safety is at risk, the property owner shall make such improvements to off-site collector and arterial streets and intersections as are necessary to mitigate traffic impacts generated by the development or in conjunction with related developments. The City may participate in the costs of oversize improvements with the property owner as set out herein, and subject to the City's cost participation policies on oversized improvements.

6.

Street Dedications.

a.

Dedication of right-of-way. The property owner shall provide all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach roads, as shown in the Thoroughfare Plan and as required by the TCSS or by other valid development plans approved by the City. In the case of perimeter streets, half of the total required right-of-way width for such streets shall be provided unless the proposed development is on both sides of the street, in which case the full right-of-way width shall be provided, or unless there is some other compelling reason to require more than half of the right-of-way width (such as avoiding the infringement upon or demolition of existing structures, avoiding crossing a creek or flood plain or some other obstacle, or other similar circumstance). In some instances, more than half of the required width shall be required when a half street is impractical or unsafe and depending upon the actual or proposed alignment of the street, such as in the case of a curved street, as may be required by the City.

b.

Perimeter streets. Where an existing half-street is adjacent to a new subdivision or addition, the other half of the street shall be dedicated, and an appropriate amount of the street shall be improved, by the developer of the new subdivision or addition.

c.

Slope easements. The dedication of easements, in addition to dedicated rights-of-way shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall be no steeper than three (3) feet horizontal run to one (1) foot vertical height, or a three-to-one (3:1) slope.

7.

Street Construction. All streets and thoroughfares shall be constructed and paved to City standards and within rights-of-way as required by the Thoroughfare Plan and these regulations, and in accordance with the TCSS and other City standards as may be from time to time amended or adopted.

8.

Traffic Control. Intersection improvements and traffic control devices shall be installed as warranted in accordance with the Traffic Impact Analysis required by Subsection 6.2.1.D, Traffic Impact Analysis, below, or as may be required by the City for traffic safety and efficiency. Construction and design standards shall be in accordance with City standards and the TCSS.

9.

Phased Development. Where a subdivision is proposed to occur in phases, the applicant, in conjunction with submission of the Preliminary Plat, shall provide a schedule of development. The schedule shall set forth the intended plan of development and dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The City Council shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established and may require that a Traffic Impact Analysis be submitted for the entire project or such phases as the City Council determines to be necessary to adjudge whether the subdivision will be adequately served by streets and thoroughfares.

10.

Private Streets. New subdivisions may not be constructed with private streets, nor may an existing subdivision's public streets be converted to private ownership. Any private street subdivisions that were in existence (i.e., platted of record at the county) on the effective date of these regulations shall be allowed to remain as private street subdivisions provided that the conditions of the private streets and the maintenance thereof continues to meet or exceed City standards, and provided that a viable homeowner's association (HOA) continues to exist to maintain the private streets and all appurtenances. The City will not assist in enforcing deed restrictions. The City may periodically inspect private streets and may require any repairs necessary to ensure efficient emergency access and to protect the public health, safety, convenience and welfare.

a.

Construction and Maintenance Cost. The City shall not pay for any portion of the cost of constructing or maintaining a private street.

b.

Traffic Control Devices. All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices", as amended, and to City standards.

c.

Restricted Access. The entrances to all private streets shall be clearly marked with a sign, placed in a prominent and visible location, stating that the streets within the subdivision are private, and that they are not maintained nor regularly patrolled by the City. All restricted access entrances shall be manned twenty-four (24) hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the City, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method to be used to ensure City and emergency access into the subdivision shall be approved by the City's fire department and by any other applicable emergency service providers. If the association fails to maintain reliable access as required herein, the City may enter the private street subdivision and remove any gate or device which is a barrier to access at the sole expense of the association.

d.

Waiver of Services. Certain City services may not be provided for private street subdivisions. Among the services which may not be provided are: routine law enforcement patrols, enforcement of traffic and parking regulations, and preparation of accident reports. Depending upon the characteristics of the development and upon access limitations posed by the design of entrances into the subdivision, other services (such as sanitation) may not be provided, as well.

e.

Petition to Convert to Public Streets. The property owner's association may petition the City to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members and upon the favorable vote of a majority of the membership. However, in no event shall the City be obligated to accept said streets as public. Should the City elect to accept the streets as public, then the City has the right to inspect the private streets and to assess the lot owners for the expense of needed repairs concurrent with the City's acceptance of the streets. The City shall be the sole judge of whether repairs are needed. The City may also require, at the association's or the lot owners' expense, the removal of any guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot or within any other common area.

f.

Hold Harmless. The property owners association, as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the City, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the City or governmental or utility entity.

C.

Escrow Policies and Procedures.

1.

Request for Escrow. Whenever these regulations require a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may, if there exists unusual circumstances, such as a timing issue due to pending roadway improvements by another agency such as TxDOT or the County, that would present undue hardships or that would impede public infrastructure coordination or timing, petition the City to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this Section. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, as demonstrated by a Traffic Impact Analysis (TIA), the City Manager (or designee) may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected roadways. The City Council shall review the particular circumstances involved (a TIA may be required to facilitate the City Council's deliberations on the matter), and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development.

2.

Escrow Deposit with the City. Whenever the City Council agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit in escrow with the City in an amount equal to his or her share of the costs of design, construction, permits, reviews and approvals, inspections, any additional land acquisition, and an appropriate (and realistic) inflation factor to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future. Such amount shall be reviewed and approved by the City Manager (or designee) and by the City Engineer and shall be paid prior to release of the Construction Plans by the City Engineer. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several.

3.

Determination of Escrow Amount. The amount of the escrow shall be determined by using the maximum comparable "turnkey" bid price of construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder and shall be subject to the review and approval of the City Manager (or designee) and the City Engineer.

4.

Termination of Escrow. Escrows, or portions of escrowed amounts, which have been placed with the City under this Section and which have been held for a period of ten (10) years from the date of such payment or agreement in the event that the City has not authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the property owner, along with one-half (½) of its accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a Building Permit has not been issued on the subject lot or if a new Building Permit is applied for.

5.

Refund. If any street or highway for which escrow is deposited is constructed by a party other than the City or is reconstructed by another governmental authority at no cost to the City, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.

6.

Interest Limitation. If money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with one-half of its accrued interest.

D.

Traffic Impact Analysis.

1.

Generally. Any proposed development project or plat involving a significant change to a proposed roadway alignment from that shown on the City of Marble Falls Thoroughfare Plan (or involving a development of two hundred (200) or more dwelling units, or for developments generating two thousand (2,000) or more "one-way" trips per day) shall be preceded by submission, City staff review, and Planning and Zoning Commission review, and City Council approval of a Traffic Impact Analysis (TIA) as specified in Subsection 6.2.1.D.2, Required Components of Traffic Impact Analysis, below. Such a proposed roadway alignment change shall also be preceded by (or simultaneous with) an amendment to the City's Thoroughfare Plan showing the new proposed alignment. Failure to provide for such approvals prior to submission of a Preliminary Plat (or concurrently with the Preliminary Plat application) shall be grounds for denial of the plat application.

2.

Required Components of Traffic Impact Analysis. Whenever these regulations (or the City Council, in unique instances which do not necessarily meet the above criteria but which may significantly affect the public health, safety or welfare, such as a proposed subdivision that will only be accessed via substandard roadways which may pose an impediment to emergency response vehicles) require submission and City Council approval of a TIA, the following elements shall be included:

a.

General Site Description. The TIA shall include a detailed description of the roadway network within one (1) mile of the site, a description of the proposed land uses, the anticipated states of construction, and the anticipated completion date of the proposed land development. This description, which may be in the form of a map, shall include the following items: (1) all major intersections; (2) all proposed and existing ingress and egress locations; (3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and traffic-control devices; and (5) all existing and proposed public transportation services and facilities within a one (1) mile radius of the site.

b.

Proposed Capital Improvements. The TIA shall identify any changes to the roadway network within one (1) mile of the site that are proposed by any government agency or other developer. This description shall include the above items as well as any proposed construction project that would alter the width or alignment of roadways affected by the proposed development.

c.

Roadway Impact Analysis.

i.

Transportation Impacts.

a)

Trip Generation. The average weekday trip generation rates (trip ends), the average weekend trip generation rates (for uses other than residential or institutional), the highest average a.m. and p.m. hourly weekday trip generation rates, and the highest hourly weekend generation rates (for uses other than residential or institutional) for the proposed use shall be determined based upon the trip generation rates contained in the most recent edition of the Institute of Transportation Engineers' Trip Generation book; or shall be based upon data generated by actual field surveys of area uses compatible to the proposed use and approved by the City Manager (or designee) and the City Engineer.

b)

Trip Distribution. The distribution of trips to arterial and collector roadways within the study area identified in Subsection 6.2.1.D.2.a, General Site Description, above, shall be in conformity with accepted traffic engineering principles, taking into consideration the land use categories of the proposed development; the area from which the proposed development will attract traffic; competing developments (if applicable); the size of the proposed development; development phasing; surrounding existing and anticipated land uses, population and employment; existing and projected daily traffic volumes; and existing traffic conditions identified pursuant to Subsection 6.2.1.D.2.a, General Site Description, above.

ii.

Adequacy Determination. The roadway network included within the TIA shall be considered adequate to serve the proposed development if existing roadways identified as arterials and collectors can accommodate the existing service volume, and the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired Building Permits at a level of service "C" or above.

d.

Intersection Analysis.

i.

Level of Service Analysis. For intersections within the roadway TIA area described in Subsection 6.2.1.D.2.a, General Site Description, above, a level of service analysis shall be performed for all arterial to arterial, arterial to collector, collector to arterial, and collector to collector intersections, and for any other pertinent intersections identified by the City Manager (or designee) or by the City Engineer. Also, level of service analyses will be required on all proposed site driveway locations for all nonresidential developments. The City may waive analysis of minor intersections and site driveway locations within the one-mile radius. The level of service analysis shall be based upon the highest hourly average a.m. or p.m. peak weekday volume or highest average hourly peak weekend volume as determined from a two-day survey of weekday volumes and, where necessary, a one-day survey of weekend volumes. The level of service analysis shall take into consideration the lane geometry, traffic volume, percentage of right-hand turns, percentage of left-hand turns, percentage (and typical size) of trucks, intersection width, number of lanes, signal timing and progression, roadway grades, pedestrian and bicycle flows, school routes, number of accidents, and peak hour factor.

ii.

Adequacy Analysis. The intersections included within the TIA shall be considered adequate to serve the proposed development if existing intersections can accommodate the existing service volume, the service volume of the proposed development, and the service volume of approved but unbuilt developments holding valid, unexpired Building Permits at level of service "C" or above.

e.

Effect of Adequacy Determination. If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection within the study area identified in Subsection 6.2.1.D.2.a, General Site Description, above that would cause the roadway to fall below the level of service required hereby, the proposed development shall be denied unless the developer agrees to one (1) of the following conditions:

i.

The deferral of Building Permits until the improvements necessary to upgrade the substandard facilities are constructed;

ii.

A reduction in the density or intensity of development;

iii.

The dedication or construction of facilities needed to achieve the level of service required herein; or

iv.

Any combination of techniques identified herein that would ensure that development will not occur unless the levels of service for all roadways and intersections within the TIA study are adequate to accommodate the impacts of such development.

E.

Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not shown on the City's Thoroughfare Plan, such as local residential streets, the arrangement of such streets within a subdivision shall:

1.

Provide for the continuation or appropriate projection of existing streets from or into surrounding areas;

2.

Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical;

3.

Provide for future access, such as by stubbing streets for future extension, to adjacent vacant areas which will likely develop under a similar zoning classification or for a similar type of land use; and

4.

Not conflict in any way with existing or proposed driveway openings (including those on the other side of an existing or planned median-divided arterial, in which case new streets shall align with such driveway openings such that median openings can be shared).

F.

Residential Collector Streets and Minor Residential Streets. Residential collector streets and minor residential streets shall be laid out such that their use by through traffic will be discouraged, such as via circuitous routes or multiple turns or offsets, but such that access is provided to adjacent subdivisions.

1.

Wherever the right-of-way width of a collector or residential street must transition to a greater or lesser width, such transition shall occur along the front, side or rear lot lines of adjacent lots (for a reasonable distance) and shall not occur within the street intersection itself. In other words, the right-of-way width shall be the same on both sides of the street intersection.

2.

To the greatest extent possible, the number of lots fronting along residential collector streets shall be minimized in order to ensure adequate traffic safety and efficiency. No more than twenty (20) percent of the total centerline length of a collector street may have residential lots fronting onto the collector on each side of the street. For example, a collector street having a total centerline length (from one (1) terminus to another) of one thousand (1,000) feet may have lots fronting onto it with a total frontage distance of two hundred (200) feet on each side of the street. Calculations shall be submitted with the construction plat application (and provided to the Director and City Engineer) verifying that lots fronting onto a collector street do not exceed the above.

G.

Subdivisions Abutting Arterial Streets. Where a subdivision abuts or contains an existing or proposed arterial street, the City Council may require marginal access streets, reverse frontage (lots which back onto the arterial), deep lots with rear service alleys, or such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

H.

Reserve Strips Prohibited. Reserve strips controlling access to streets shall be prohibited except where their control is required by the City and approved by the City Council.

I.

Intersections.

1.

Intersecting, undivided streets with centerline offsets of less than one hundred and fifty (150) feet shall be avoided.

2.

Intersecting streets onto an existing or future divided roadway must be configured such that the centerline offset will accommodate the appropriate median opening and left-turn lanes (with required transition and stacking distances) on each divided roadway and shall be aligned with any existing or proposed streets or driveways on the opposite side of the divided roadway (in order to share the median opening).

3.

A street intersection with a major thoroughfare shall be at a ninety (90) degree angle and shall be tangent to the intersecting street for at least one hundred (100) feet.

4.

All other street intersections shall be laid out so as to intersect as nearly as possible at a ninety (90) degree angle or radial to the centerline of the intersecting street for the full right-of-way width of the intersecting street, and tangent to the intersecting street for at least fifty (50) feet.

5.

No street shall intersect at an angle that is less than eighty-five (85) degrees.

J.

Right-of-Way Widths. Street right-of-way widths shall be as shown on the Thoroughfare Plan and as defined by the corresponding roadway cross-sections on the Thoroughfare Plan and in the City's TCSS manual.

K.

Half Streets. Construction of half streets shall be prohibited, except when essential to the reasonable development of the subdivision in conforming with the other requirements of these regulations and the Thoroughfare Plan, and where the City Council makes a determination that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the subdivision in question. The City Council may also find that it would be more practical, or cost effective, to delay construction of the other half of a street until when the adjoining property is developed. If the property owner is responsible for one-half (½) of the street, then the property owner shall either construct the facility along with his or her development or shall provide escrow for the construction cost of his or her share of the facility (including all applicable street appurtenances such as median openings, left turn lanes into the development, sidewalks with barrier-free ramps, drainage structures, etc.) unless the City participates in the construction of the facility. Whenever a partial street has been previously platted along a common property line, the other portion of the street right-of-way shall be dedicated such that the right-of-way is increased to the street's ultimate planned width. Improvements shall be made to all on-site facilities as defined herein.

L.

Street Length.

1.

Maximum and Minimum Length. The maximum length of any block or street segment (including a looped street) shall be one thousand six hundred (1,600) feet and the minimum length of any block or street segment shall be four hundred (400) feet, as measured along the street centerline and between the point(s) of intersection with other through, but not dead-end or cul-de-sac, streets.

2.

Cul-de-sac. A cul-de-sac street shall not be longer than six hundred (600) feet, and at the closed end shall have a turnaround bulb with an outside pavement diameter of at least one hundred (100) feet and a right-of-way diameter of at least one hundred twenty (120) feet. The length of a cul-de-sac shall be measured from the centerline of the intersecting street to the centerpoint of the cul-de-sac bulb.

3.

Overlength Streets or Cul-de-sacs. The Commission may recommend, and the City Council may approve, waivers/suspensions for overlength streets or cul-de-sacs, whether temporary or permanent, upon considering the following:

a.

Alternative designs which would reduce street or cul-de-sac length;

b.

The effect of overlength streets upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in traveling to and from their homes; and

c.

Means of mitigation, including but not limited to additional mid-block street connections, limitation on the number of lots to be served along an overlength street segment or cul-de-sac, temporary (or permanent) points of emergency access, and additional fire protection measures.

M.

Dead-End Streets Prohibited.

1.

Generally. Except in unusual cases, no dead-end streets will be approved.

2.

Exceptions. Dead-end streets that are provided to connect with future streets on adjacent land may be permitted under the following provisions:

a.

No more than one (1) lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end.

b.

A temporary dead-end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in Subsection 6.2.1.K.2, Cul-de-sac, above (the City Engineer may authorize the use of asphalt or other durable paving material than concrete for the arc, or "wing", portions of the temporary turnaround bulb in order to minimize the cost of removing those portions later on).

c.

A note shall be placed on the Final Plat clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the adjacent property. Any required temporary turnaround easements shall be shown on the Final Plat along with their appropriate recording information if they are off-site or established by separate instrument.

d.

Signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage and lettering must be large enough to be legible by a person with normal vision at a twenty-foot distance.

N.

Street Names of Extended Streets. New streets which extend existing streets shall bear the names of the existing streets and shall be dedicated at equal or greater right-of-way widths than the existing streets for an appropriate transition length, if applicable.

O.

Construction of Streets. All streets shall be constructed in accordance with paving widths and specifications as set forth in the TCSS of the City of Marble Falls at the time at which the Preliminary Plat application is officially submitted and deemed a complete application.

P.

Points of Access. All subdivisions shall have at least two (2) points of access from improved public roadways (also see Subsection 6.2.1.B.4, Approach Roads and Access, above). All residential developments shall provide no less than one (1) entrance for every seventy-five (75) lots, or portion thereof, including temporary dead-end stubbed streets that will eventually provide connections into adjacent future developments and thence to an arterial or collector street. Driveway access onto roadways shall be provided and designed in accordance with the City's TCSS and construction standards that are in effect at the time the Preliminary Plat application is officially submitted and deemed a complete application. Residential driveway cuts shall not be allowed on roadways that are larger than a residential collector street (sixty-foot right-of-way) unless specifically approved by City Council with the Preliminary Plat application.

A.

In Nonresidential District. Service alleys in nonresidential districts, if provided or constructed by the developer, shall be a minimum right-of-way width of twenty (20) feet and a pavement width of twenty (20) feet.

B.

In Residential Districts. In residential districts, alleys shall be parallel, or approximately parallel, to the frontage of the street. Alleys in residential districts shall provide a minimum of twenty (20) feet of right-of-way and twenty (20) feet of pavement.

C.

General Design Standards for Alleys.

1.

Alleys shall be paved in accordance with the City of Marble Falls TCSS and construction standards that are in effect at the time the Preliminary Plat application is officially submitted and deemed a complete application.

2.

Where the deflection of alley alignment occurs, the design of the paving and property line shall be as established by the TCSS.

3.

Dead-end or "hammerhead" alleys shall not be allowed. Alleys must have adequate turnouts and street entrances such that vehicular traffic flow is continuous and efficient. Where a temporary dead-end alley situation is unavoidable, a temporary turnaround bulb or turnout onto a street, either of which will need a temporary easement for street or alley purposes, shall be provided as determined by the City Engineer.

4.

Alleys may not exceed a maximum length of one thousand six hundred (1,600) feet, as measured along the centerline of the alley and between intersections with other alleys or entrances onto streets (at the right-of-way line of the street at the alley entrance). The Commission may recommend, and the City Council may approve, waivers/suspensions for overlength alleys upon consideration of the following:

a.

Alternative designs which would reduce alley length;

b.

The effect of overlength alleys upon access, congestion, delivery of municipal services, and upon convenience to residents of the subdivision in accessing rear driveways and in driving around to the front of their homes; and

c.

Means of mitigation, including but not limited to additional mid-block alley turnouts, limitation on the number of lots to be served along a single alley segment, temporary points of access, and additional fire protection measures.

5.

Alley intersections shall be perpendicular and at a twenty (20) degree angle or radial to the intersecting alley centerline for the full alley right-of-way width, and intersection pavement shall be of sufficient width and inside radius to accommodate waste collection and emergency vehicles. Intersections shall be three-way wherever possible, and four-way intersections shall be avoided. No alley intersection serving more than four directions shall be allowed.

A.

Minimum Width of Easements. The minimum width for City utility easements shall be twenty (20) feet or less as otherwise required by the City Engineer if adjacent to a public street and adequate area exists behind the back of the curb. The minimum width for City drainage easements shall be as required by the City Engineer. The width of easements for other utility providers, such as for gas, electric, telephone or cable television, shall be as required by that particular entity. It shall be the applicant's responsibility to determine appropriate easement widths required by other utility companies (also see Section 6.2.8, Utility Services). Wherever possible, easements shall be centered or along front or side lot lines rather than across the interior or rear of lots, particularly where no alleys will be provided behind the lots.

B.

Drainage Easements. Where a subdivision is traversed by a watercourse, drainage way or channel, there shall be provided a storm drainage easement or right-of-way conforming substantially with such course and of such additional width as may be designated by the City Engineer, subject to determination according to proper engineering considerations. The required width shall conform to the requirements set forth by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or parkways shall be required adjacent to certain portions of creek or drainageways to provide maintenance access and/or public access and visibility into public open space or recreation areas (see Section 6.2.11, Areas for Public Use, and Section 6.2.12, Protection of Drainage and Creek Areas). The number of lots that back or side onto creeks, drainageways, public parks and open spaces, and public school sites shall be severely limited, and possibly prohibited, such that public access, visibility, safety and security within these areas are maximized. Other utilities may be permitted within a drainage or floodway easement only if approved by the City Engineer and any other applicable entity requiring the drainage or floodway easement.

C.

Easements and Dimensional Regulations. A lot's area shall be computed inclusive of all easements. However, there shall be a minimum buildable area, exclusive of required easements, buffer zones and setbacks for each lot. The minimum buildable area shall be an area one-half (½) of the required minimum lot size. If the City disputes the buildable area of any lot, the applicant shall submit verification in writing that the buildable area is adequate for the type of housing product (or nonresidential building) proposed for that lot. Final approval of the allowed buildable area for any lot shall be by the City.

D.

Utility Easements. Where alleys are not provided in a residential subdivision, a minimum fifteen-foot wide utility easement shall be provided along the front of all lots, adjacent to and flush with the street right-of-way line for the potential placement of utility facilities.

E.

Easements Established on Subdivision Plat. For new development, all necessary on-site easements shall be established on the subdivision plat and not by separate instrument, and they shall be labeled for the specific purpose, and to the specific entity if other than the City, for which they are being provided. Examples include, but are not limited to, the following: a water, sanitary sewer or drainage easement, which is dedicated to the City for a water or sanitary sewer line or for a drainage structure; an access easement, which is dedicated to the public for unrestricted access purposes; a fire lane easement, which is dedicated to the City and its fire suppression and emergency medical service providers for access purposes; an electrical, gas or telephone easement, which is dedicated to the specific utility provider that requires the easement; and so on.

F.

Visibility Easements.

1.

Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area shall be created. The visibility easement for each type of intersection shall be as follows:

a.

Intersection of two major arterials: Forty (40) feet on each side;

b.

Intersection of all other streets onto a major arterial: Twenty (20) feet on each side;

2.

The maximum height of fences, walls, signs, and other similar fixed items shall be thirty (30) inches within the visibility easement. All landscaping (and any other fixed feature) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet. A limited number of single-trunked trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. Landscaping, except grass and low ground cover, shall not be located closer than three (3) feet from the edge of any street pavement.

A.

General Guidelines to Determine Length. The length, width and shapes of blocks shall be determined with due regard to:

1.

Provision of adequate building sites suitable to the special needs of the type of use contemplated;

2.

Zoning requirements as to lot sizes, setbacks and dimensions (if within the City's corporate limits); and

3.

Needs for convenient access, circulation, control and safety of street traffic and for pedestrians or bicyclists traveling to a public park or school site or other facility within or close to the neighborhood.

B.

Intersections. Intersecting streets, which determine the lengths and widths of blocks, shall be provided at such intervals as to serve cross-traffic adequately, to provide adequate fire protection, and to conform to customary subdivision practices.

1.

Maximum Length. Where no existing subdivision or topographical constraints control, the block lengths shall not exceed one thousand six hundred (1,600) feet in length.

2.

Minimum Length. Where no existing subdivision or topographical constraints control, the blocks shall not be less than four hundred (400) feet in length.

3.

Exceptions. In cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased (through issuance of a waiver/suspension by the City Council with plat approval) to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.

A.

On Residential and Collector Streets. Pedestrian concrete walkways (sidewalks) not less than five (5) feet wide shall be required within a residential subdivision on both sides of residential and collector streets, and sidewalks not less than six (6) feet wide shall be provided within all nonresidential developments and along all perimeter arterials, for both residential and nonresidential developments, as set forth in the City of Marble Falls TCSS. Root barriers will be required underneath, and along with the construction of, all public sidewalks per the City's TCSS, particularly in locations where trees are (or will be) in close proximity to the sidewalk. Barrier-free ramps shall be constructed at all street intersections and at any other locations deemed appropriate by the City due to anticipated pedestrian travel patterns. Sidewalks shall be constructed within the street right-of-way, one (1) foot away from the right-of-way line, and at least five (5) feet away from the street curb. In certain instances, the City Council may, at its sole discretion, approve placement of the sidewalk adjacent or closer than five (5) feet to the curb provided that such placement benefits the general public by allowing more space for landscaping, such as for street trees, screening shrubs, and decorative walls and fences, and provided that the width is increased to a minimum of five (5) feet of sidewalk pavement or to such a width as may be needed in the interest of public safety.

B.

On Perimeter Roadways or Arterials to Development. All sidewalks along a perimeter roadway or arterial are considered part of the overall development's required public improvements and shall be installed prior to acceptance of the subdivision by the City and prior to Final Plat approval, unless surety is provided, per Division 6.4, Requirements for Acceptance of Subdivisions, of these regulations. In any event, a Certificate of Occupancy will not be issued for any lot within the subdivision until the required sidewalks are in place or appropriate surety is provided. The cost and provision of any perimeter sidewalks, such as along major thoroughfares, may be escrowed as a part of a developer's agreement, if approved by the City Council. The City has the right, but not the obligation, to refuse escrow and to require paving of the sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for safe pedestrian circulation or if it would otherwise protect the public health, safety, convenience or welfare.

C.

Fee in Lieu of Construction. When the subdivision requirements are waived in accordance with Section 11.4.8, Subdivision Waiver and Suspension, the Planning and Zoning Commission may recommend and the City Council may require the payment of a fee-in-lieu of construction of the sidewalk(s) to the City of Marble Falls Sidewalk Fund. Payments to will be calculated based on the linear feet of sidewalk waived as set out in Appendix C, Master Fee Schedule, of the City Code of Ordinances and be used for the sole purpose of equipping public streets within the City with sidewalks The fee in lieu of sidewalks shall be paid in full to the City prior to the recording of the Final Plat.

(Ord. No. 2019-O-05A, § II.C.1, 2, 5-21-2019)

A.

Conform to Zoning District Regulations. Lots shall conform to the minimum requirements of the established Zoning District as provided in Article 2, Zoning Districts and Article 4, General Development Regulations, if located within the City's corporate limits.

B.

Frontage on or Adjacent to Public Streets Required. Each lot on a subdivision plat shall have frontage onto or be adjacent to a dedicated, improved public street unless platted as an approved private street subdivision in accordance with this Article (see Subsection 6.2.1.B.10, Private Streets). Lot width and access shall conform to the provisions of applicable Zoning District as provided in Article 2, Zoning Districts and Article 4, General Development Regulations, (if within the City's limits), Comprehensive Plan, and any other applicable City code or ordinance. In the ETJ, single-family residential detached lots shall have a minimum of thirty-five (35) feet of frontage, and nonresidential lots shall have a minimum of fifty (50) feet of frontage, along a dedicated, improved street.

C.

Irregular-Shaped Lots. Irregular-shaped lots shall have sufficient width at the building line to meet lot width and frontage requirements of the appropriate zoning district (if within the City's limits) and shall provide a reasonable building pad without encroachment into front, side or rear yard setbacks or into any type of easement. Also, the rear width shall be sufficient to provide access for all necessary utilities, service providers and franchisees, including access for driveways and solid waste collection when alleys are present (minimum twenty-foot alley frontage). Triangular, severely elongated or tapered or "panhandle" lots shall be avoided, and the City reserves the right to disapprove any lot which, in its sole opinion, will not be suitable or desirable for the purpose intended, which is an obvious attempt to circumvent the purpose and intent of lot configuration or lot width minimums, or which is so oddly shaped as to create a hindrance to the logical lot layout of surrounding properties.

D.

Side Lot Lines. Side lot lines will be at ninety (90) degree angles or radial to street right-of-way lines to the greatest extent possible unless it is not practical based on topography. The City reserves the right to disapprove any lot which, in its sole opinion, is shaped or oriented in such a fashion as to be unsuitable or undesirable for the purpose intended, or which is not attractively or appropriately oriented toward its street frontage.

E.

Double Frontage Lots. Double frontage lots shall be avoided, except where they may be essential to provide separation of residential development from traffic arterials, as defined in Section 6.2.1, Streets, or to overcome a specific disadvantage or hardship imposed by topography or other factors. Where lots have double frontage, building setback lines shall be established for each street side, and rear yard screening shall be provided in accordance with Section 6.3.6, Retaining Wall Requirements, Construction Regulations, and Design Criteria. Residential lots shall not back onto any residential street or collector street within a residential area or neighborhood and shall not have more than one-half (½) of its perimeter boundaries along streets.

Generally. For property that is not subject to the City's zoning regulations, such as property that lies within the City's extraterritorial jurisdiction, the minimum front building line (for a residential or nonresidential lot) shall be twenty-five (25) feet unless a different setback is specified by these regulations.

A.

Utility Metering for Single-Family or Duplex Units. The metering for utilities such as water, gas and electricity shall be located on not more than two (2) units for single-family or duplex to be served, not grouped together in a centralized location(s), such as "gang-box" style metering stations, which shall not be permitted.

B.

Location of Utility Easements. The locations, widths and configurations of easements for any utility service provider other than the City of Marble Falls shall be determined, approved and acquired (if necessary) by the applicable utility service provider.

C.

Subject to Inspection. All utility installations shall be subject to inspection by the City and shall be in conformance with any applicable City design standards related to their placement within public rights-of-way within easements, or elsewhere in the City (including on private property).

A.

Connection to City's Water System Required. All new subdivisions shall be connected with the City's water system and shall be capable of providing water for health and emergency purposes, including fire protection. An alternative source of water may be used for irrigation purposes only and for a nonresidential use only (e.g., a public park, a public school, etc.), subject to City approval and provided that all appropriate permits are procured from the City, the U.S. Army Corps of Engineers, the Texas Commission on Environmental Quality (TCEQ) and any other applicable agency(s). Such alternative water source may not be used for potable (i.e., drinking) water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the following standards:

1.

Design and construction of a water source on the site shall be in accordance with applicable regulations of the TCEQ.

2.

Design and construction of water service from the City shall be in accordance with the standards in the City's TCSS manual, and in accordance with TCEQ standards, whichever is the most stringent requirement.

3.

Design and construction of a fire protection and suppression system shall be in accordance with the standards in the TCSS manual, and in accordance with the City's fire department and fire code.

B.

Connection to City's Wastewater Collection and Treatment System Required. All new subdivisions shall be served by the City's wastewater collection and treatment system. The design and construction of the wastewater system improvements shall be in accordance with the standards in the City's TCSS manual, and in accordance with TCEQ standards whichever is the most stringent requirement. If a sanitary sewer service is not available, the City shall still require installation of sewer lines in accordance with City standards. All lines shall be capped for future connection when service is available.

C.

Subdivider Responsibilities. The subdivider shall be responsible for:

1.

Phasing of development or improvements in order to maintain adequate water and wastewater services;

2.

Extensions of utility lines (including any necessary on-site and off-site lines) to connect to existing utility services;

3.

Providing and/or procuring all necessary easements for the utilities (whether on-site or off-site);

4.

Providing proof to the City of adequate water and wastewater service;

5.

Providing provisions for future expansion of the utilities if such will be needed to serve future developments, subject to the City's oversize participation policies, if applicable;

6.

Providing all operations and maintenance of the utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities;

7.

Providing all fiscal security required for the construction of the utilities;

8.

Obtaining approvals from the applicable utility providers if other than the City;

9.

Complying with all requirements of the utility providers, including the City; and

10.

Providing plans and specifications for alternative wastewater disposal systems including but not limited to grinder pumps as required by the TCSS manual.

D.

Extensions Required Along Adjacent Streets or Thoroughfares. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the City Council may waive the requirement for adjacent utility line construction at the time of Preliminary Plat approval and prior to construction of the subdivision.

E.

Compliance with State Regulations Required. Installation, operations and maintenance of utilities not specifically referenced herein shall comply with regulations of the TCEQ and with any other applicable state rules and regulations, whichever is the most stringent requirement.

F.

Subdivider Responsible for Costs. The subdivider shall pay all design, legal, engineering, material, construction and installation costs of all improvements required by these regulations unless otherwise provided in this Section. In the event a subdivider desires the extension of water or sewer lines to serve the subdivision, the subdivision shall bear the entire design, engineering, material, easement, and construction and installation costs of all adjacent border, off-site improvements. The City shall specify the size of all lines.

G.

Subject to Inspection by City. The construction of water and sewer lines in accordance with City plans and specifications will be installed by a contractor of the subdivider's choice. All such construction shall be subject to inspection by the City and no portion of any line installed in any excavation shall be covered unless and until the construction of such portion shall have been inspected by the City.

H.

Requirements Prior to Connecting to or Extending Abutting Lines. Where an existing water or sewer line lies within or abuts the subdivision, the subdivider shall make no connections to or extensions of such existing lines without first paying to the City the cost of the size line equal length to that portion of such existing line which lies within or abuts the subdivision which would be required to serve the subdivision. This cost shall be determined by the City.

I.

On-Site Waste Disposal. Subdivisions less than thirty (30) acres in area containing residential lots three (3) acres in size or larger may utilize on-site waste disposal systems if TCEQ and county health requirements are met.

A.

Required Permits and Authorizations. Unless otherwise exempt under Chapter 28, Nonpoint Source Pollution, of the City's Code, all property owners subject to these land use regulations shall obtain all permits or authorizations required by Chapter 28, Nonpoint Source Pollution, of the City's Code.

B.

System Design Requirements. Drainage improvements shall be designed so as to not cause damage to other property, shall accommodate runoff from the upstream drainage area in its anticipated maximum "build-out" condition, and shall be designed in accordance with the most recently adopted drainage criteria manual to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, or the construction of off-site drainage improvements in order to mitigate the impact of the proposed development. No stormwater collection system shall be constructed unless it is designed in accordance with the drainage criteria manual by a licensed professional engineer, and unless it is reviewed and approved by the City Engineer. All plans submitted to the City shall include a layout of the drainage system together with supporting calculations for the design of the system.

C.

Conform to NPS Technical Manual. All erosion and sedimentation controls shall conform to the NPS Technical Manual, as amended, a copy of which is on file at the City.

D.

Alterations to Existing Drainageways. No person, individual, partnership, firm or corporation shall deepen, widen, fill, reclaim, reroute or change the course or location of any existing ditch, channel, stream or drainageway without first obtaining written permission of the City Engineer and any other applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having jurisdiction. The City Engineer may, at his or her discretion, require preparation and submission of a FEMA or flood study for a proposed development if there are concerns regarding storm drainage on the subject property or upstream or downstream from the subject property. The costs of such study, if required, shall be borne by the developer.

E.

Impact on the Design of Streets, Lots, and Building Lines. In order to help reduce storm water runoff, and resulting erosion, sedimentation and conveyance of nonpoint source pollutants, the layout of the street network, lots and building sites shall, to the greatest extent possible, be sited and aligned along natural contour lines, and shall minimize the amount of cut and fill on slopes in order to minimize the amount of land area that is disturbed during construction.

F.

Concentrated Surface Cross-Street Flow. No concentrated surface cross-street flow (i.e., perpendicular to traffic flow) of storm water runoff shall be permitted unless approved by the City Engineer. When and if such drainage flow is allowed, it must be across a concrete street (i.e., valley gutter) and as approved by the City Engineer.

G.

Design of Storm Water Treatment Facilities. All storm water treatment facilities shall be designed using materials and techniques as established in the City's NPS Technical Manual or as may be required by the City Engineer.

Generally. The applicant shall give consideration to suitable and adequate sites for schools, parks, playgrounds, and other areas for public use or service so as to conform to the recommendations contained in the City's Comprehensive Plan; Park and Open Space Plan; and other applicable plans. Any provision for schools, parks or other public facilities shall be indicated on the Preliminary and Final Plats and shall be subject to approval by City Council.

A.

Required. All creeks and drainage areas shall be preserved and protected in their natural condition wherever possible unless significant storm drainage improvements are required by the City in these areas. All development adjacent to creeks and drainage areas shall be in accordance with the City's TCSS manual, and with any other City policies or ordinances related to aesthetics or public access or enjoyment of creeks and waterways.

B.

Definitions and Methodology for Determining the Floodway Management Area (FMA). The definitions for "floodway" and "floodway fringe" shall correspond to those set forth by the Federal Emergency Management Agency (FEMA). For purposes of the National Flood Insurance Program, the concept of a floodway is used as a tool to assist the local community in the aspect of flood plain management. Under this concept, the area of the 100-year flood is divided into a floodway and floodway fringe. The floodway is the channel of a stream plus any adjacent flood plain areas that must be kept free of encroachment in order that the 100-year flood may be carried without substantial increases in flood heights as defined by FEMA. The area between the floodway and boundary of the 100-year flood is termed the floodway fringe. The floodway fringe is the area which can be used for development by means of fill according to FEMA and City engineering criteria.

C.

Areas Where an FMA is Required. Lake Marble Falls, Whitman Creek and Backbone Creek and their related tributaries and streams and all other drainage areas or regulated floodways as referenced on the applicable floodway and flood boundary map (flood insurance rate map, or FIRM) shall be included in the FMA. If FEMA does not specify a floodway zone in any of the creeks or their tributaries, it shall be the developer's responsibility to establish and identify the FMA. The determination shall be made by a licensed professional engineer and approved by the City Engineer. Where improvements to a drainage area are required by other ordinances of the City for the purpose of safety or other reasons related to drainage, those ordinances shall also be observed. The FMA is intended to apply to a creek or channel which is to remain open or in its natural condition unless otherwise approved by a two-thirds (2/3) majority vote of the full City Council. The creek shall remain in its natural state unless improvements are permitted or required by the City due to the pending development of properties adjacent to or upstream of the required improvements.

D.

Ownership and Maintenance of the FMA. The area determined to be the FMA shall be designated on the Preliminary Plat. Approximate locations shall be shown on zoning change requests—accurate locations of the FMA shall be established on the Preliminary Plat and prior to site construction. At the City's option, the FMA shall be protected by one of the following methods:

1.

Dedication to the City of Marble Falls; or

2.

Easement(s). Creeks or drainageways on tracts which have private maintenance provisions, other than single- or two-family platted lots, can be designated as the FMAs by an easement to the City on the Preliminary Plat (with the appropriate plat language, as required by the City). Subdivisions with platted single-family or two-family lots may designate the FMA by easement provided there are adequate maintenance provisions (such as by a mandatory homeowner's association), but no lots or portions of lots may be platted in the easement unless specifically allowed by the City. The area designated as FMA may be identified by a tract number; or

3.

Certain recreational uses normally associated with or adjacent to flood prone areas (no structures allowed in the FMA), such as golf courses or certain types of parks. The uses allowed shall be in conformance with these regulations and approved by the Planning and Zoning Commission and City Council.

E.

Clearing of Drainageway Required. Prior to acceptance of any drainageway as an FMA by the City, the area shall be cleared of all debris and brush (except for mature trees) and placed in a maintainable state. Floodway management areas dedicated to the City shall be left in a natural state except those areas designated for active recreational purposes and unless storm drainage requirements do not permit this to occur.

F.

Design Criteria. The following design criteria shall be required for development adjacent to the FMA:

1.

Adequate access shall be provided to and along the FMA for public and/or private maintenance. An unobstructed area a minimum of twenty (20) feet wide with a maximum 5:1 slope (five (5) feet horizontal to one (1) foot vertical), the length of the floodway shall be provided adjacent to or within the FMA. On the opposite side of the drainage area, an unobstructed area having a minimum width of five (5) feet shall be provided.

2.

Lots in a single-family, Planned Development District single-family, or duplex residential zoning district shall not be platted within the FMA, and no more than ten (10) percent of the linear length of the FMA (on each side) shall be allowed to have lots backing or siding onto it. If lots back or side onto an FMA, at least two (2) reasonable points of access to the FMA, each a minimum of twenty (20) feet in width, shall be provided. Streets, alleys and open-ended cul-de-sacs may qualify as access points if designed such that they are navigable by maintenance vehicles (e.g., alleys must be twenty-foot width). All areas of the FMA shall be accessible from the access points and shall be visible from access points. Lots used for multifamily dwellings may be platted in the FMA if the FMA is identified as an easement and is maintained as open space for use by the residents and provided that access to the FMA is possible by City maintenance vehicles, should that need arise. If the FMA is to be public park land, then adequate public access and good public visibility shall also be provided to all portions of it.

3.

Public streets may be approved in the FMA by the Planning and Zoning Commission and City Council (if they conform to applicable engineering standards).

4.

Linear public streets may be required to be constructed adjacent to some (or all) portions of the FMA to allow access for maintenance or recreational opportunities, and/or to allow increased visibility into creek areas for public safety and security purposes.

5.

Alternate designs to facilitate equal or better access may be permitted if approved by the Planning and Zoning Commission and City Council.

G.

Altered Drainage Areas. Drainage areas which have been altered and are not in a natural condition can be exempted from an FMA and this Section at the discretion of the City Council and upon recommendation by the Planning and Zoning Commission.

A.

Purpose. The requirements of this Article as set forth below are designed and intended to ensure that, for all subdivisions of land within the scope of this Article, all improvements as required herein are installed properly and:

1.

The City can provide for the orderly and economical extension of public facilities and services;

2.

All purchasers of property within the subdivision shall have a usable, buildable parcel of land; and

3.

All required improvements are constructed in accordance with City standards.

B.

Adequate Public Facilities Policy. The land to be divided or developed must be served adequately by essential public facilities and services. No subdivision shall be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities, electricity and street facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being platted or off-site and should provide connectivity of streets and utilities to abutting and adjacent property. This policy may be defined further and supplemented by other ordinances adopted by the City.

C.

Condition of Approval to Bear Costs. If the City requires as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment of construction costs, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license issued under Chapter 1001, Occupations Code, and is retained by the City. The cost to retain the engineer to make such determination of proportionality shall be the applicant's responsibility.

D.

Appeals. The applicant may dispute the determination made by the engineer retained by the City and may submit a written appeal to the City Council within thirty (30) calendar days from the date of the determination of the engineer. At the City Council meeting, the applicant may present evidence and testimony under procedures adopted by the City Council. After hearing any testimony and reviewing the evidence, the City Council shall make the applicable determination within 30 calendar days following the final submission of any testimony or evidence by the applicant.

E.

Right to Collect Impact Fees. This Section does not diminish the City's authority or modify the procedures regarding impact fees as adopted by the City in accordance with Chapter 395 of the Texas Local Government Code.

F.

Developer Participation Agreements. The City may negotiate and execute an agreement in accordance with Local Gov't Code Section 212.071 with a developer of a subdivision or owner or developer of any land within the City, for the purpose of constructing public improvements, not including a building. The public improvements may be related to the development itself and/or to the construction of improvements with increased capacity above the capacity required for the development in anticipation of additional and future development in the area.

G.

City Cost Participation. The developer shall construct the improvements and the City shall participate in the cost of construction of the improvements either as a lump sum or as a percentage of the total actual costs not attributable or necessitated by the development. The contract terms shall include the requirements as provided for in Subchapter C of Section 212.071 et. seq. of the Texas Local Government Code, Developer Participation in Contract for Public Improvements, and as it may be subsequently amended from time to time.

H.

Public Improvements Required. Public improvements that are required by the City of Marble Falls for the acceptance of a subdivision by the City shall include, but are not limited to, the following:

1.

Water and wastewater facilities;

2.

Storm water drainage, collection and conveyance facilities;

3.

Water quality, erosion and sedimentation controls;

4.

Streets;

5.

Street lights;

6.

Street signs;

7.

Alleys;

8.

Sidewalks, including barrier-free ramps at street intersections and other appropriate locations;

9.

Screening and/or retaining walls;

10.

Traffic control devices required as part of the project; and

11.

Appurtenances to the above, and any other public facilities required as part of the proposed subdivision.

I.

Compliance with Design Standards and Regulations. All aspects of the design and implementation of public improvements shall comply with the City's current design standards and any other applicable City codes and ordinances, including preparation and submittal of Construction Plans and construction inspection. The construction of all of the improvements required in these regulations shall conform to the latest edition of the City's TCSS, as may be amended, and to any other applicable City standards.

J.

Changes or Amendments to the TCSS and Other Construction or Design Documents. The Technical Construction Standards and Specifications (TCSS) will, from time to time, require revisions and updates to allow for changing construction technology. When changes are required, the TCSS may be amended by separate ordinance. It is the applicant's responsibility to be aware of, and to conform with, all TCSS requirements (including amendments) that are in place as of the time a complete development application for a Preliminary Plat (including required Construction Plans) is received by the City.

A.

Generally. In all subdivisions and additions, monuments shall be established at the corner of each block in the subdivision consisting of an iron rod or pipe not less than three-quarters (¾) inch in diameter and twenty-four (24) inches deep, when possible, and set flush with the top of the ground. Lot corner monuments shall be placed at all lot corners except corners which are also block corners, consisting of iron rods or pipes of a diameter of not less than one-half (½) inch and eighteen (18) inches deep, when possible, and set flush with the top of the ground. In addition, curve point markers shall be established of the same specifications as lot corners. Each block corner monument shall include a cap with the surveyor's name and registration number attached to it. All block and lot corners shall be installed prior to the final acceptance of the subdivision by the City and prior to filing the plat at the County. All survey work around the boundary area, as well as within the subdivision, shall have an error of closure of one (1) in seven thousand five hundred (7,500) or less.

B.

Concrete Monuments. A subdivision shall have at least two (2) concrete monuments set by the surveyor, if not already existing, for two (2) corners of the subdivision, and such concrete monuments shall be located at opposite ends (or at widely separated corners) of the subdivision and clearly shown on the Final Plat prior to filing at the county. The Final Plat shall also show clear ties to existing concrete monuments in the vicinity of the subdivision. The design and installation of concrete monuments shall be in accordance with the City's TCSS.

All street lighting shall be in conformance with the City's TCSS, and any other applicable City codes.

A.

Approval Required. Street names must be submitted to the City for review and approval in accordance with the City's guidelines for the naming of streets. The City shall forward all proposed street names to others for review, including the U.S. Postal Service, and any other applicable emergency service providers. Proposed street names shall be submitted for review along with (and as a part of) the Construction Plat and shall become fixed at the time of approval of the Final Plat. On the Final Plat, street names shall not be changed from those that were approved on the Preliminary Plat unless special circumstances have caused the major realignment of streets or a proposed street name(s) is discovered to have already been used elsewhere in the City (or some other similar eventuality). If additional street names are needed for the Final Plat, then they must be submitted for review and approval by the City, the U.S. Postal Service, and applicable emergency service providers, including 911 dispatch, along with the Final Plat application. A fee may be established by the City for the changing of street names after approval of the Preliminary Plat.

B.

Names of Corporations or Business Prohibited. The names of corporations or businesses shall not be used as street names, unless approved by the City Council. The City will maintain a list of existing street names (and "reserved" street names that have been approved on a Preliminary Plat) and will update the list as new streets are platted.

C.

Duplication Prohibited. New street names shall not duplicate existing street names either literally or in a subtle manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak Court vs. Oak Circle; Cascade Drive vs. Cascading Drive); shall not be so similar as to cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs. Lake Siding Drive); and shall not sound like existing street names when spoken (for example, Oak Drive vs. Doak Drive vs. Cloak Drive; Lantern Way vs. Land Tern Way).

D.

Consistent Naming of Extended Streets. New streets which extend existing streets shall bear the names of the existing streets. Streets crossing thoroughfares or other roadways shall bear the same name on both sides of the thoroughfare, wherever practical, unless otherwise approved by City Council.

E.

Responsibility of Cost. The property owner shall provide payment for street name signs for the development (two (2) signs for four-way intersections, and one (1) sign for three-way intersections). The cost of each street name sign installation shall include the cost of the sign assembly, pole and all costs associated with installation. Payment by the property owner will be due prior to acceptance of the subdivision by the City. The City shall order and install the street signs after payment is received by the City for the cost of the signs.

F.

Design Compliance Required. Street name signs shall be installed in accordance with the City's guidelines before issuance of a Building Permit for any structure on the streets approved within the subdivision.

A.

Required by Developer. All on-site, such as internal, streets and alleys shall be constructed by the developer at the developer's expense, unless otherwise allowed by this Article. If the subdivision is adjacent to a planned or future or substandard arterial or collector street, as shown on the City's Thoroughfare Plan, and derives access, whether direct or indirect, from said roadway, then the developer shall be required to design and construct a reasonable portion of the roadway as well as any required median openings and left turn lanes needed to serve their subdivision (see Section 6.3.9, Improvements to Adjacent (Perimeter) Streets and Utilities). The City Council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction or improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public.

B.

Design Requirements. All streets and alleys shall be constructed per the specifications in the City's TCSS.

1.

The minimum street and alley paving standards for which the construction shall be made by the developer are shown in the TCSS.

2.

In addition to the above-mentioned minimum standards, barrier-free ramps for physically challenged persons shall be constructed at all street corners, driveway approaches, appropriate mid-block crosswalks, and in locations where accessible parking spaces are provided. All barrier-free ramps and other accessibility considerations shall comply with Section 228 of the Highway Safety Act, as currently amended, and with the Americans With Disabilities Act (ADA), as amended.

3.

All signs and barricades shall be in conformity with the TCSS, with ADA standards, and with specifications for uniform traffic control devices, as adopted by the City, by Burnet or Blanco County, by the Texas Department of Transportation, and by the Texas Department of Public Safety, as applicable.

C.

Driveway Access. Driveway access and cuts shall be in conformance with Article 7 of these regulations and the City's TCSS.

A.

Retaining Wall Requirements. In general, the use of retaining walls shall be minimized, wherever possible, through minimal and balanced cut and fill on property. When property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half (2½) feet and the slope exceeds one (1) unit vertical in two (2) units horizontal, a retaining wall shall be required at the locations specified herein prior to the acceptance of the subdivision:

1.

Location A. The grade change roughly follows a side or rear lot line.

2.

Location B. The grade change is adjacent to a proposed building site boundary.

3.

Location C. The grade change is adjacent to a water course or drainage easement.

B.

Retaining Wall Design and Construction. All retaining wall design and construction shall be in compliance with the provisions of the building code and the TCSS of the City of Marble Falls and shall be approved by the City Engineer.

C.

Retaining Wall Maintenance. Retaining walls shall be maintained by the owner of the property where such retaining wall is located.

D.

Retaining Wall Prohibited within Utility or Drainage Easement. Retaining walls shall not be constructed within any portion of a utility or drainage easement, unless approved by the City Engineer.

A.

Screening.

1.

Generally. Where subdivisions are platted so that the rear and/or side yards of single-family or two-family residential lots are adjacent to an arterial thoroughfare (greater than sixty (60) feet in right-of-way width on the Thoroughfare Plan); a four (4) lane collector street; are separated from a thoroughfare by an alley; or back up to a collector or residential street (which is not allowed unless specifically approved by City Council), the developer shall provide, at his or her sole expense, a minimum six-foot tall masonry screening wall (also see Subsection 6.3.7.A.7 below), or some other alternative form of screening, if approved by City Council, according to the following alternatives and standards. All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features. All forms of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety. Any required screening device that is wholly or partially destroyed or damaged shall be replaced or repaired with the same materials and shall be finished such that its appearance is restored to how it was before being destroyed or damaged.

2.

Screening Alternatives. Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's TCSS and other related City code(s) and policy(s). An alternative form of screening, in lieu of the six- to eight-foot tall masonry wall, may be approved by City Council on a landscaping/screening wall plan submitted with the Construction Plans. Such possible alternatives may include, but may not be limited to, the following:

a.

Living/landscaped screen with decorative metal (e.g., wrought iron) fence sections with masonry columns;

b.

A combination of berms and living/landscaped screening, either with or without a decorative metal or "WoodCrete" type of fence with masonry columns;

c.

A combination of berms, decorative masonry retaining walls (no taller than six (6) feet in height where facing or visible to a public street) and living/landscaped screening, either with or without a decorative metal or "WoodCrete" type of fence with masonry columns; or

d.

Some other creative screening alternative may be approved if it meets the spirit and intent of this Section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the City Council finds it to be in the public interest to approve the alternative screening device.

e.

Any required screening device shall be, or shall achieve, at least six (6) feet in height and at least ninety (90) percent opacity within three (3) years of initial installation/planting. Any landscaping used to achieve the purpose of required screening shall be equipped with an underground irrigation system with appropriate double-check valve(s), automatic controller(s), and automatic moisture- and freeze-sensors. Trees used for overstory screening shall be on a separate bubbler irrigation system that can be programmed to provide deep-watering of trees at intervals that may differ from the rest of the irrigation system.

f.

The use of wood or other privacy fences immediately behind or abutting an alternative screening device that utilizes living screening elements (i.e., landscaping), berms, retaining walls and/or open (i.e., non-opaque) fence sections shall not be permitted due to the creation of a "no man's land" and subsequent maintenance nuisance in the area between the two (2) devices/fences, and due to the detrimental visual appearance of this type of arrangement.

g.

The use of any alternative form of screening in lieu of the masonry wall, particularly a device utilizing landscaping, shall require formation of a property/homeowners' association in accordance with Section 6.3.1, General Requirements of Improvements Required by the City.

3.

Screening Maintenance Easement. A wall/screening maintenance easement at least five (5) feet in width shall be dedicated to a property owners association on the private lot side and adjacent to the entire length of the screening wall or device.

4.

Installation Required. The screening wall/device shall be installed prior to approval of the Final Plat and prior to final acceptance of the subdivision (or appropriate surety provided, per Division 6.4, Requirements for Acceptance of Subdivisions). Landscape materials may be installed after the subdivision is accepted, upon approval of the City Manager (or designee), but in no case later than six (6) months following acceptance of the subdivision. Failure to properly install all components of a required screening wall or device within the allowed time frame, and without the appropriate developer's agreement and surety, shall constitute a violation of these regulations and the developer may be subject to a penalty pursuant to Article 13, Enforcement, of these regulations.

5.

Landscaping Requirements. All plants, such as trees, shrubs and ground covers, shall be living and in sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen, as may be amended and the City's approved tree list.

6.

Hardscaping Requirements. All masonry, wrought iron, steel or aluminum screening wall or fence plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City Engineer. Masonry walls shall be in accordance with the City's design standards, and the use of "ThinWall" type of construction (i.e., that does not conform with the TCSS) shall be prohibited due to problems with inferior strength and the higher cost of long-term maintenance. Decorative metal fencing shall be solid stock, not tubular, and shall have masonry columns at a minimum spacing of forty (40) feet on center unless otherwise approved by the City Engineer and City Council.

7.

The height of required screening devices, including spans between columns, shall be a minimum of six (6) feet and shall be no more than eight (8) feet tall. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot height by up to two (2) feet for a total maximum height of ten (10) feet for these features, provided that such taller elements comprise no more than ten (10) percent of the total wall length in elevation view. Features that are taller than ten (10) feet in height shall require City Council approval on the landscaping/screening plans submitted with the Construction Plans.

8.

Screening Prohibited Within Utility or Drainage Easements. Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any other applicable utility provider(s).

B.

Entryway Features.

1.

Generally. Subdivisions may provide a low maintenance landscaped entryway feature at access points from streets and thoroughfares into the subdivision. The entryway feature shall be placed on private property and within an easement identified for such use (limited portions of the feature or landscaping may be placed within the right-of-way, but only with City Council approval on the landscaping/screening plans) and shall observe all sight visibility requirements. Most of the feature or landscaping shall be located on private property so that long-term maintenance responsibility will be borne by the property owner or an approved homeowners association (see Section 6.3.1, General Requirements of Improvements Required by the City). Entryway features that are located mostly or entirely within City right-of-way shall only be allowed with City Council approval. Prior to City Council approval, the City may require the applicant to execute an agreement with the City that relieves the City of maintenance responsibility and that indemnifies and holds the City harmless for damage or injury incurred by or in conjunction with such features in the right-of-way.

2.

Design Requirements.

a.

The entryway feature shall include low maintenance, living landscaped materials as approved by the City Council. The design of the entryway feature shall also include an automatic underground irrigation system that is equipped with moisture- and freeze-sensors, and may also include subdivision identification, such as signage located on the wall. All plants shall be living and in a sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen, and the City approved tree list as may be amended. Any walls or structures used in the entryway feature must conform to the City's regulations pertaining to maximum height within the front yard of residential lots (see Section 4.6.4 of these regulations) wherever the adjacent lot sides onto the arterial street and the wall will be located within the front yard setback area.

b.

The design of the entryway shall be in accordance with design policies in the City's TCSS. The design of the entry shall be reflected on the landscape, screening and irrigation plans submitted along with the Construction Plans and the Preliminary Plat and shall be approved by the City Council.

3.

Applicant Responsibility. The maintenance of the entryway shall be the responsibility of the applicant for a period of at least two (2) years or until Building Permits have been issued for eighty (80) percent of the lots in the subdivision, whichever date is later. Following that period of time, maintenance responsibility shall be borne by the private property owner(s) upon whose lot(s) the entryway feature is located, or by an approved homeowners' association (see Section 6.3.1, General Requirements of Improvements Required by the City). If, at some point in time, the maintenance responsibility shifts to the City, the City shall have the right to upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other amenities in order to simplify or minimize the amount of time, effort and cost that maintenance of the entryway will require.

C.

Landscaping. All landscaping shall be in conformance with Article 9 of these regulations, as amended.

D.

Signage. All signage shall be in conformance with Chapter 20 of the City Code, as amended.

A.

Conformance with Regulations. The installation of all water and wastewater lines shall be in conformance with Section 6.2.8, Utility Services.

B.

Adequate Provision Required. No Final Plat shall be approved for any subdivision within the City or its extraterritorial jurisdiction until the applicant has made adequate provision for a water system and a sanitary sewer system of sufficient capacity to adequately provide service to all tracts and lots within the area to be subdivided. The design and construction of the water system and of the sanitary sewer system to serve the subdivision shall be in conformance with the City's master plans for water and wastewater facilities and with the TCSS and shall be approved by the City Engineer (also see Section 6.2.8, Utility Services).

C.

Sufficient Sizing and Outlets Required. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate and safe domestic water supply and to furnish fire protection to all lots shall be provided. Water lines shall extend to the property line in order to allow future connections into adjacent undeveloped property, and a box for the water meter(s) for each lot shall be installed either in the right-of-way or immediately adjacent to the right-of-way in a water meter easement.

D.

Utility Connection Available at Property Line. Services for utilities shall be made available to the property line of each lot in such a manner as will minimize the necessity for disturbing the street pavement and drainage structures when connections are made.

E.

Adequate Fire Protection. Fire protection shall be provided in accordance with Section 6.2.8, Utility Services, with the City's TCSS manual, and with any other City policy or ordinance pertaining to fire protection or suppression. The Fire Chief, or designee, shall have the authority to approve the locations and placement of all fire hydrants and fire lanes and may, at his or her discretion, modify fire hydrant spacing or fire lane placement based upon special design or distance circumstances. All required fire lanes shall be shown as "fire lane easements" on the Preliminary and Final Plats, along with the applicable fire lane language block. Vertical construction (i.e., any building construction above foundation/slab level) shall not commence until all required fire lanes are properly installed and accepted by the City, nor until all fire hydrants have been installed, inspected, tested and accepted by the City.

A.

Construction Required. When a proposed subdivision, whether residential or nonresidential, abuts on one (1) or both sides of an existing substandard street, or on a planned or future roadway as shown on the current Thoroughfare Plan, the developer shall be required to improve or construct the street according to the developer's proportionate share of the substandard road or the new road as is necessary to accommodate the new development, including appurtenant sidewalks, barrier-free ramps, storm drainage structures, screening and landscaping, median openings and/or left turn lanes (if a divided thoroughfare), water quality or erosion controls, and other utilities as defined in Article 14, Definitions and Interpretation, to bring the same up to City standards, or to construct a new road in accordance with current street construction standards of the City as determined by the City Engineer in accordance with Section 6.3.1, General Requirements of Improvements Required by the City.

B.

Calculating Proportionate Share. The developer's proportionate share of improvements to a substandard perimeter road shall be determined in accordance with Section 6.3.1, General Requirements of Improvements Required by the City. Design and construction of the roadway shall be in accordance with the City's Thoroughfare Plan (with respect to right-of-way width and general location), the TCSS manual, and with any other applicable City codes and ordinances. Depending upon the specific roadway in question, the Traffic Impact Analysis results and the determination by the City Engineer, any oversizing shall be borne by the City, the county, and the state or by some other entity. Any participation in the cost of oversizing of the improvement by the City shall be in accordance with Section 6.3.1, General Requirements of Improvements Required by the City. The City Council may, at its option, accept escrow funds in lieu of immediate roadway construction if the subdivision derives principal access from another improved roadway and if delaying construction and improvement of the road will not harm or otherwise inconvenience neighboring property owners or the general public.

C.

Responsibility for Bridges. The developer's share for major bridges and similar region-serving drainage structures and for railroad crossings (including the appurtenant roadway paving, sidewalks/ pedestrian pathways, abutments, safety railings and cross-arms, median areas, etc.) shall be in accordance with the City of Marble Falls policies and ordinances for the construction of such facilities.

D.

Streets Crossing Utility Easements. Streets which dead-end at power lines or similar rights-of-way or easements, and which are intended for future extension across these rights-of-way or easements, shall be constructed in the right-of-way or easement for half the distance across the right-of-way or easement, and shall be further restricted as set forth in Section 6.2.1, Streets. As with any other dead-end street, a note shall be placed on the Final Plat clearly labeling the dead-end streets that will, at some point, be extended across the power line easement (or right-of-way), and signage shall be placed at the end of the constructed street stub, such as on the barricade, also stating that the street will be extended in the future. Signage size and lettering shall be large enough to be legible by a person with normal vision at a distance of twenty (20) feet.

A.

Generally. An adequate storm sewer system, consisting of inlets, pipes and other underground structures with approved outlets, as outlined in Drainage Criteria Manual, shall be designed where runoff of storm water and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions or inadvertent storm water retention, such as standing or pooling water, as established by the City Engineer, will not be considered for development until adequate drainage has been provided. In no case shall storm water drainage be diverted artificially to adjacent properties or across roadways. No storm water drainage will be permitted to flow from one lot or piece of property onto another under separate ownership unless such drainage does not harm, damage, or otherwise pose an inconvenience to the other properties, and is specifically approved by the City Engineer, and the necessary off-site drainage easement is procured on the affected property(s).

B.

Design Criteria. The criteria for use in designing water quality control structures, and other best management practices (BMPs) for nonpoint source pollution control shall conform to Section 6.2.10, Stormwater Collection and Conveyance Systems, of these regulations, and Chapter 28, Nonpoint Source Pollution, of the City's Code.

C.

Developer Responsibility. The developer shall ensure that all drainage improvements within public easements or rights-of-way are functioning properly prior to the expiration of the maintenance bond. The developer shall be responsible for removing any significant build-up of sediment or debris from drainage improvements, with the exception of backlot and sidelot drainage swales, at the eleventh month of the second year for the required two-year maintenance bond for the applicable facilities. The City shall inspect the improvements to determine any maintenance or correction of deficiencies at the conclusion of this period.

D.

Maintenance and Inspection. Water quality control structures, retention and detention facilities, and BMPs for nonpoint source pollution control permitted by the City under Chapter 28, Nonpoint Source Pollution, of the City's Code, shall be maintained and inspected in accordance with Chapter 28, Nonpoint Source Pollution, and any permits or authorizations issued thereunder.

The City hereby defines its policy to be that the City will withhold all City services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other City services from any subdivision or property until all of the street, utility, storm drainage and other public improvements, as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots, are properly constructed according to the approved Construction Plans and to City standards, and until such public improvements are dedicated to and accepted by the City.

A.

Property Owner's Guarantee. Before approving the Final Plat of a subdivision located all or partially within the City or its extraterritorial jurisdiction, the City Council must be satisfied that all required public improvements have been (or soon will be) constructed in accordance with the approved Construction Plans and with the requirements of these regulations.

B.

Improvement Agreement and Guarantee. The City Council, upon Planning and Zoning Commission recommendation, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the Final Plat, and may permit the property owner to enter into an improvement agreement by which the property owner covenants to complete all required public improvements no later than two (2) years following the date upon which the Final Plat is approved. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to approval of the Final Plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the City.

C.

Improvement Agreement Required for Oversize Reimbursement. The City shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council, as it deems appropriate, has the authority to authorize the approval of such agreement as meeting the requirements of the City, and the City shall not withhold approval as a means of avoiding compensation due under the terms herein. The City Manager (or designee) is authorized to sign an improvement agreement on behalf of the City.

D.

Security. Whenever the City permits an applicant to enter into an improvement agreement, it shall require the applicant to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the City, a performance bond or letter of credit or other security acceptable to the City Council and the City Attorney, as security for the promises contained in the improvement agreement. Security shall be in an amount equal to one hundred (100) percent of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the City Manager and the City Attorney.

E.

Performance Bond. If the City Council authorizes the applicant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements:

1.

All performance bonds must be in the forms acceptable to the City Manager and the City Attorney.

2.

All performance bonds must be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.

3.

All performance bonds must be signed by an agent and must be accompanied by a certified copy of the authority for him or her to act.

4.

All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required.

5.

If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business in terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the City.

F.

Letter of Credit. If the City Council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:

1.

Be irrevocable;

2.

Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two (2) years; and

3.

Require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City's right to draw funds under the letter of credit.

G.

Requests for Reduction in Security. As portions of the public improvements are completed in accordance with the TCSS and the approved Construction Plans, the applicant may make written application to the City Manager to reduce the amount of the original security. If the City Manager is satisfied that such portion of the improvements has been completed in accordance with City standards, he or she may, but is not required to, cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements.

H.

Reduction in Security Upon Acceptance. Upon acceptance by the City of all required public improvements, the City shall authorize a reduction in the security to ten (10) percent of the original amount of the security if the applicant is not in breach of the improvement agreement. The remaining security shall be security for the applicant's covenant to maintain the required public improvements and to warrant that the improvements are free from defects for one (1) year thereafter. If the required security for maintenance and warranty is otherwise provided by the contractors or by others, the City will release the entire amount of the developer's security.

A.

Generally. The applicant shall build and pay for all costs of temporary improvements required by the City and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, ensuring that the temporary facilities will be properly constructed, maintained and removed.

B.

Temporary Public Improvement Easements. Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, etc.) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall be clearly shown on the Final Plat for the subdivision prior to approval of the Final Plat. A temporary easement for a required public improvement shall not be abandoned without the City Engineer's approval and without written consent by the City.

Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agents authorized to act in their behalf, agreeing to comply with the provisions of this Section.

A.

No Improvement Agreement. For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the City, the plat approvals shall be deemed to have expired.

B.

With Improvement Agreement. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may:

1.

Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;

2.

Suspend Final Plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice;

3.

Obtain funds under the security and complete the public improvements itself or through a third party;

4.

Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete the public improvements on the property; or

5.

Exercise any other rights or remedies available under the law.

Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City Manager (or designee). The approval by the City Council of a Preliminary or Final Plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to be endorsed with appropriate notes to this effect.

The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City and shall also provide a one-year maintenance bond (warranty) that all public improvements will be free from defects for a period of one (1) year following such acceptance by the City.

A.

Site Development Permit Required. A Site Development Permit is required from the City prior to beginning any site development-related work in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a flood plain.

B.

Pre-construction Conference. The City shall require that all contractors participating in the construction meet for a pre-construction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and any trees that are larger than six (6) inch caliper as defined in these regulations, unless such grading is approved in the Construction Plans. All contractors shall be familiar with and shall conform to applicable landscape and tree protection/preservation provisions per these regulations.

C.

Conditions Prior to Authorization. Prior to authorizing release of a Site Development Permit, the City Engineer shall be satisfied that the following conditions have been met:

1.

The Preliminary Plat has been approved by the City Council (and any conditions of such approval have been satisfied);

2.

All required Construction Plans are completed and approved by the City Engineer;

3.

All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat must be conveyed solely to the City, such as by filing of a separate instrument, with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents at the County (per Burnet or Blanco County requirements and the City's submission guidelines, as may be amended from time to time) shall be returned to the City Secretary prior to approval and release of the Construction Plans by the City Engineer;

4.

All contractors participating in the construction shall be presented with a set of approved Construction Plans bearing the stamp of release of the City Engineer, and at least one (1) set of these plans shall remain on the job site at all times;

5.

A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City; and

6.

All applicable fees must be paid to the City.

D.

Nonpoint Source Pollution Controls and Tree Protection. All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the Public Works Director's satisfaction, prior to commencement of construction on any property.

A.

General Procedure. Construction inspection shall be supervised by the City's Public Works Director or designated administrative official. Construction shall be in accordance with the approved Construction Plans and the TCSS of the City of Marble Falls (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original Construction Plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents and are signed, sealed and dated by the responsible engineer. All revisions shall be approved by the City Engineer. If the City's Public Works Director finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City's standards and TCSS, then the property owner shall be responsible for completing and correcting the deficiencies (at his/her expense) such that they are brought into conformance with the applicable standards.

B.

Letter of Satisfactory Completion. The City will not deem required public improvements satisfactorily completed until the applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed sealed "as-built", or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The "as-builts" shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in substantial compliance with the Construction Plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an "as-built" stamp bearing the signature and seal of the licensed professional engineer and the date. One (1) reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved Final Plat and the Construction Plans, if prepared on a computer-aided design and mapping system, in such a digital format (on disk) that is compatible with the City's mapping system.

C.

Transfer of Rights to Public Improvements. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City Council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred (100) percent of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the remaining public improvements are greater than ten thousand dollars ($10,000.00) and are not completed within the determined length of time, the City will impose a penalty that equals ten (10) percent of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future Building Permits or Certificates of Occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than ten thousand dollars ($10,000.00), the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City.

D.

Certificate of Completion for Public Improvements. Upon acceptance of the required public improvements, the City Manager (or designee) shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.

A.

Option to Defer. The Planning and Zoning Commission may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare.

B.

Deferral Requirements. Whenever a petition to defer the construction of any public improvements required under these regulations is granted by the Planning and Zoning Commission, the property owner shall deposit in escrow his or her share of the costs (in accordance with City participation and oversizing policies) of the future public improvements with the City prior to approval of the plat, or the property owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the City.