Mcallen, TX Zoning Ordinance

Mcallen City Zoning Code

CHAPTER 5

Subdivision Regulations

§ 5.1.1 Purpose.

The purposes of this article are to:

Protect and provide for the public health, safety, and general welfare of the City.

Ensure new development meets the goals and conforms to the objectives and policies of the City's Comprehensive Plan.

Provide for orderly growth and land development.

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

Provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, with particular regard to the avoidance of congestion on the roads and highways, and provide for the proper location and width of roads and building lines.

Establish reasonable standards for subdivisions in order to further the orderly layout and use of land and to ensure proper legal descriptions of subdivided land.

Facilitate the creation of accurate records of the separate interests created and conveyed by the subdivision of land, helping to protect private property rights.

Ensure that public facilities and services are available concurrent with development and shall have a sufficient capacity to serve the proposed subdivision.

Provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in this UDC.

Promote sustainable land development practices.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.1.2 Subdivision Policy.

Any lot, parcel or tract that was described by metes and bounds in the records of Hidalgo County before October 15, 1973 and that the chain of title shows no description modification for conveyances after 1973, do not have to file a subdivision plat, provided the City Engineer and the Director of Planning both approve a site plan of the lot as not creating any significant health or safety concerns.

Land shall not be subdivided or developed until proper provision has been made for drainage, water, wastewater, transportation, and other facilities required by these regulations.

All public and private facilities and improvements shall be of at least a minimum capacity necessary to adequately serve the development and shall conform to the City's Comprehensive Plan and applicable technical manuals, codes, and checklists, such as the Standard Design Guide (SDG), which is maintained separately from the UDC.

In addition to these regulations, a development subject to these regulations must comply with all other applicable ordinances, laws, and regulations adopted by the City expressly including:

Building codes, zoning codes, flood protection regulations, and all other applicable laws and standards of the City and County;

All applicable laws, rules and regulations of the federal government and the State of Texas and their duly constituted agencies; however, these references do not imply any responsibility for the City or the City's boards and commissions to enforce regulations imposed by other governmental authorities; and

The Model Subdivision Rules as granted by the Texas Administrative Code, Title 31, Part 10, Chapter 364,[1] and included in Section 5.1.3 of the UDC.

[1]

Editor's note—See 31 Tex. Admin. Code Ch. 364.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.1.3 Model Subdivision Rules.

Purpose. Model Subdivision Rules (MSRs) were developed by the Texas Water Development Board to ensure that an adequate supply of drinking water and sewer facilities are available to residential areas in accordance with state standards established by the Texas Department of Health and the Texas Commission on Environmental Quality.

Compliance Required.

Since enacted by the Texas Legislature in 1989, all counties adjacent to the Texas-Mexico border, including Hidalgo County, are required to adopt and enforce the Model Subdivision Rules.

The Model Subdivision Rules enable the City and the County to apply for grants and loans from the Texas Water Development Board's Economically Distressed Areas Program (EDAP), which encourages cost-effective water and wastewater systems to maximize long-term economic development of eligible areas.

Noncompliance can result in the loss of funding for future water and wastewater projects administered by the Retail Public Utility provider.

Program Goals. MSRs are intended to achieve the following goals:

Empower cities and counties to prevent the growth of substandard residential developments lacking water and wastewater infrastructures, roadways, gas and electricity;

Prevent residential lots from being sold if utilities are not in place; and

Assist economically distressed areas to obtain the necessary infrastructure for water and wastewater services.

Applicability.

The MSRs apply to a subdivision that creates two (2) or more lots of five (5) acres or less intended for residential purposes.

Lots of five (5) acres or less are presumed to be for residential purposes unless the land is restricted to nonresidential uses on the final plat and in all deeds and contracts for deeds.

Minimum Standards for Water Facilities.

The Planning Director shall not approve a final plat or other plat type that creates one (1) or more lots of five (5) acres or less intended for residential purposes without confirming connection to an adequate and existing water facility permitted in subsection F.

A final plat or other plat type that is subject to the Model Subdivision Rules shall not be recorded with the County Clerk until the Utility Engineer receives the required documentation for the water facility that shall be used for the subdivision as required in subsection F.

Acceptable Forms of Water Facilities.

Public Water Facility.

Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the retail public utility provider.

The service agreement must provide that the Retail Public Utility has or shall have the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years.

The service agreement must reflect that the subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that service is available to each lot upon completion of construction of the water facilities described on the final plat.

Service agreements are administered by the Retail Public Utility provider.

Minimum Standards for Wastewater Facilities.

The Utility Engineer shall not approve a final plat or other plat type that creates two (2) or more lots of five (5) acres or less intended for residential purposes without confirming connection to an adequate and existing wastewater facility permitted in Subsection H.

A final plat or other plat type that is subject to the Model Subdivision Rules shall not be recorded with the County Clerk until the Utility Engineer receives the required documentation for the wastewater facility that shall be used for the subdivision as required in subsection H.

The Utility Engineer may include the following condition of approval for any plat required to comply with the Model Subdivision Rules.

"The property owner shall not be allowed to record the plat subject to the Model Subdivision Rules without having received approval of an on-site sewage facility permit from the Hidalgo Health Official and McAllen Public Utility Board."

Acceptable Forms of Wastewater Facilities.

Public Wastewater Facility.

Subdividers who propose to dispose of wastewater by connecting to an existing permitted facility must provide a written agreement with the Retail Public Utility provider.

The agreement must provide that the retail public utility has or shall have the ability to treat the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years.

The agreement must reflect that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is available to each lot upon completion of construction of the wastewater facilities described on the final plat. Engineering plans for the proposed wastewater collection lines must comply with 30 Tex. Admin. Code Ch. 317.

Service agreements are administered by the Retail Public Utility provider.

On-Site Sewage Facility.

On-site sewage facilities that serve single-family or multifamily residential dwellings with anticipated wastewater generations of no greater than 5,000 gallons per day must comply with 30 Tex. Admin. Code Ch. 285, and any Hidalgo County on-site septic system facility standards.

Proposals for sewerage facilities for the disposal of sewage in the amount of 5,000 gallons per day or greater must comply with 30 Tex. Admin. Code Ch. 317 and any Hidalgo County on-site septic system facility standards.

The Hidalgo County Health Official shall review proposals for on-site sewage facilities and make inspections of such systems as necessary to assure that the system is in compliance with the Texas Health and Safety Code Ch. 366, rules in 30 Tex. Admin. Code Ch. 285, in particular §§ 285.4, 285.5 and 285.30 through 285.39, and any Hidalgo County on-site septic system facility standards.

In addition to the unsatisfactory on-site disposal systems listed in 30 TAC § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules.

An applicant proposing to use an on-site sewage facility must receive approval of such system by the Hidalgo County Health Official and McAllen Public Utilities before final plat or other plat type is recorded with the County Clerk.

Septic tank (on-site sewage) is not allowed within the City limits. It needs McAllen Public Utilities approval for cases extension of sewer infrastructure is not feasible.

Minimum Standards for Greywater Systems for Reuse of Treated Wastewater.

The Planning and Zoning Commission shall not approve a final plat or other plat type that creates two (2) or more lots of five (5) acres or less intended for residential purposes without receiving confirmation from the applicant that the greywater system was reviewed and approved by TCEQ.

Any proposal for sewage collection, treatment and disposal that includes greywater reuse shall meet minimum criteria of 30 Tex. Admin. Code Ch. 210 promulgated and administered by TCEQ.

Any proposal for on-site sewage disposal that includes provisions for greywater use shall meet the minimum criteria of 30 Tex. Admin. Code Ch. 285.

Plat Note Requirements. Plats subject to the Model Subdivision Rules must include the following information on the plat.

Dwelling Units Restriction Plat Note.

No more than one single-family detached dwelling shall be located on each lot. A notation of this restriction shall be placed on the face of the final plat or other proposed plat type.

This restriction shall be placed in all deeds and contracts for deeds for real estate sold within the subdivision. Proposals that include multifamily residential shall include adequate, detailed planning materials as required for determination of proper water and wastewater utility type and design.

Plat Application Requirements. Per 31 Tex. Admin. Code Ch. 364, Subchapter B, Division 3, a plat subject to the Model Subdivision Rules shall require a final engineering report and financial guarantee of improvements (if applicable) with the initial submittal of a plat application as listed below.

Final Engineering Report.

The engineering report shall be signed and sealed by a professional engineer registered in the State of Texas.

The engineering report shall discuss the availability and methodology of providing water facilities and wastewater treatment to individual lots within the subdivision as described in subsections E and G of the UDC, and any other methodologies granted by the MSRs in 31 Tex. Admin. Code Ch. 364, Subchapter B, Division 2.

A detailed cost estimate per lot acceptable to the utility service provider or the city shall be provided for those unconstructed water supply and distribution facilities and wastewater collection and treatment facilities that are necessary to serve each lot of the subdivision.

The plan shall include a construction schedule for each significant element needed to provide adequate water or wastewater facilities. If financial guarantees are to be provided under 31 Tex. Admin. Code Ch. 364, § 364.54, the schedule shall include the start dates and completion dates.

Financial Guarantee for Improvements.

If an adequate public or non-public water or wastewater system is not available from a retail public utility, or is not constructed by the subdivider to serve the residential development at the time final plat approval is sought, then the City shall require the owner to execute an agreement with the City and provide a financial guarantee through either a bond, irrevocable letter of credit, or other financial guarantee. The agreement shall be reviewed and approved by the City Attorney before the final plat is recorded with the County Clerk.

A financial guarantee required by this section shall be in a form approved by the City complying with the criteria in TAC, Title 31, Part 10, Chapter 364, Rule 364.54.

The City may establish and require a financial guarantee form to meet the requirements of this section.

Review and Approval Criteria for Plats. The City shall not approve a plat that does not comply with this section of the UDC, or any other provisions granted in Texas Administrative Code (TAC), Title 31, Part 10, Chapter 364. All documentation for adequate water and wastewater facilities is required before a plat is recorded with the County Clerk.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.2.1 Requirements to Plat for the Subdivision of Land.

Per Texas Local Government Code Section 212.004, the owner of a tract of land located within the City's corporate limits or in the extraterritorial jurisdiction (ETJ) shall prepare a plat and record the plat with the County Clerk if they intend to record a plat consisting of one or more tracts to lay out a subdivision, lots, buildings, streets, alleys, squares, parks, or other parts of the tract for public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks dedicated for public use.

Any division of land subject to the provisions in subsection A requires a plat regardless of how the division of land was originally processed including:

A division land made by using a metes and bounds description in a deed of conveyance; or

A division of land made in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.2.2 Platting Process

Applicability.

This article applies to all Applications for Platting of property within the City of McAllen and its Extraterritorial Jurisdiction (ETJ);

This UDC intends to establish a process and procedure that complies with state law and provides both the City and the applicant to exercise their rights and responsibilities under Texas Local Government Code Chapter 212.

Zoning Regulations Requirements. All requirements contained under Chapter 2, Chapter 3, and Chapter 4 apply to development and Subdivision under this UDC. All plats must meet the requirements of zoning and applicable portions of the Comprehensive Plan and be compatible with surrounding development.

Procedural Requirements. All subdivision applications shall follow the procedures and requirements as provided in Chapter 6.

Park Dedication.

Park dedication shall be made to the City with each final plat phase in proportion to the size of the phase being platted, unless an alternate scenario is approved by the City with approval of the preliminary plat.

All land proposed for park dedication must provide a means for public access, such as a public access easement or dedicated public roadway. If the land proposed for park dedication is not within the boundaries of the final plat, the required public access must be provided via separate instrument or other means acceptable to the City, prior to the recordation of the final plat.

If the City has determined that money shall be paid in lieu of park land dedication, then the payments shall be made with each phase in proportion to the size of the phase being platted.

See Chapter 74, Article I of McAllen Code of Ordinances for minimum requirements for park land dedication.

Drainage. If provisions are necessary for drainage facilities on the unplatted future phases of the development or subdivision, then the final plat must include easement by separate instruments for off-site drainage and include appropriate notes and descriptions providing the City permission to access, and if requested by the City, maintain and improve the drainage system.

Phased Development.

All phased developments shall be in accordance with the purpose of the Comprehensive Plan.

The City may establish maximum lot size limits and requirements for individual phases of a phased development in addition to limits based on the ability of the City, applicant, or other utility provider to provide to each phase. This includes, but is not limited to, adequate streets, water, wastewater, drainage facilities, water quality ponds, and parkland.

The preliminary plat shall reflect the planned phasing of the development. The Planning Director may require a phasing plan indicating the anticipated sequencing of final plats.

The Planning Director is authorized to approve changes to the phasing plan in consultation with the Development Team if the changes shall not directly or indirectly result in major revisions or substantial changes.

Phased development shall be compatible with the surrounding land use plan and existing developments.

Each phase of development requires a final plat. Substantial changes to the development at the final plat phase may require a revised preliminary plat prior to approval of final plats for future phases.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.2.3 Platting in the Extraterritorial Jurisdiction (ETJ).

Generally.

This article as amended, extends to all of the area lying within the ETJ of the City of McAllen from and after the date this UDC is adopted, and as the ETJ may be modified through annexation or changes to the laws of the State of Texas.

The City shall not establish or enforce zoning regulations within the ETJ. However, the City may enforce development agreements in the ETJ.

Subdividing. No person shall subdivide or plat any tract of land within the ETJ of the City except in conformity with the provisions of this article.

Water and Wastewater Utility Extensions.

Applicability. A request for approval to extend water or wastewater utility facilities under this article applies only to land located within the City's ETJ and not already served by utilities.

Procedure.

A request for approval to extend water or wastewater utility facilities must be submitted to the applicable Public Utility Agency ("PUA"), or their successor or designee on a standard form issued by the PUA.

Upon approval of the request, and concurrent with the filing of any application for development, the applicant must furnish to the City a letter of approval from the PUA stating the minimum standards have been met.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.2.4 Platting Exemptions.

Generally.

The Planning Director may exempt a property from platting through approval of a certificate of compliance if it complies with the platting exemptions in subsection B.

Unmanned facilities, such as wireless communication facilities, or any type of use that is autonomous and does not require the use of water or wastewater may not be exempted from platting, unless they qualify with the platting exemptions in subsection B.

Exemptions. A property is exempted from platting if it complies with one of the following exemptions. Granting exemption is subject to review of Development Team and approval.

5 Acres or Greater with Adequate Public Facilities Exemption. Per Texas Local Government Code Section 212.004, division of land that is five (5) acres or greater where each part has access to an existing and improved public road and public improvements are being dedicated for public use.

Grandfather Clause Exemption. The grandfather clause, authorized by Texas Local Government Code Section 212.0045(a), exempts a property from platting if it complies with the following provisions:

The boundaries of such parcel were fully described by one (1) or more title transfer instruments executed before October 15, 1973; and

On or after such date, there has been no executions of title transfer instruments such that these instruments could subject such parcel to boundary alterations.

Public Utility Well Exemption. A property owner is exempted from platting if their sole purpose for platting is to convey land to the Rio Grande Regional Water Authority, the City, or the City's public utility board, and complies with the following provisions:

A minimum two (2) acres or greater;

The conveyance of the property is for the exclusive use of drilling or maintaining any water well used to produce potable water at any offsite reverse osmosis treatment plant; and

Each driveway leading to the property is gated and locked to the public at the point where such driveway intersects a street for the exclusive use of the grantee.

Certificate of Compliance Requirements.

The application for a certificate of compliance shall require:

(i)

A property survey signed and sealed by a registered surveyor licensed to practice in the State of Texas;

(ii)

The most recent warranty deed of the property; [.]

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.2.5 Plat Types.

This UDC establishes multiple plat types to effectively subdivide land in the City's corporate limits and extraterritorial jurisdiction. These plat types are established below and their subsequent processes for approval are located in Article 6.3.

Table 5.2.5-1: Plat Type Summary
Plat Type Summary
UDC Section	Plat Type	Use	Notes
§ 6.3.1	Preliminary Plat	Required before a Final Plat where infrastructure is required
§ 6.3.2	Final Plat	Required to record subdivision of property	A Final Plat cannot be recorded until improvements have been properly installed and accepted or the appropriate surety for construction of the improvements has been filed with the City.
§ 6.3.3	Minor Plat	Final plats that already have the necessary infrastructure in place
§ 6.3.4	Amending Plat	Minor revisions to a recorded Plat
§ 6.3.5	Replat	Replat of currently platted lots without a Plat Vacation
§ 6.3.6	Plat Vacation	Vacate a previously recorded Plat

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.1 Minimum Standards.

Generally.

No subdivision shall occur unless, and until it provides the minimum levels of service required by this UDC.

The applicant shall dedicate, construct, or upgrade required public facilities to a capacity that meets the standards in Section 5.3.3.

For each category of public facilities, the City requires a minimum standard of infrastructure based upon historic studies and construction projects of the City and other cities, which the City may publish and update from time to time in its technical manuals, such as the SDG.

The minimum standards reflect the minimum public facilities required to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by McAllen citizens.

All private facilities must be designed to public facilities standards.

Applicability. These standards apply to any development as required in this UDC unless specified otherwise. These standards also apply to those developments in the ETJ.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.2 Rough Proportionality and Fair Share Policy.

The City requires that each subdivision contribute a fair and proportional share of the costs of providing adequate public facilities, consistent with Texas Local Government Code Section 212.904.

The City finds a direct correlation between increased demand on public facilities created by a new subdivision and the City's requirements to dedicate public right-of-way and easements, and to construct a fair and proportional share of public facilities.

A fair and proportional share is the applicant's portion of the costs of public facilities as determined by the City Engineer and Utility Engineer in conformance with State Law, which may be satisfied through dedication of public right-of-way or easements, the payment of fees, or payment of construction costs.

The intent of this article is to provide standards for construction and dedication of public facilities that are roughly proportional to the nature and extent of the impacts created by the proposed subdivision on public facilities, including roadway, storm drainage, water, wastewater, reclaimed water, or parks systems.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.3 Adequate Public Facilities.

Services Required. Land proposed for subdivision in the City and in the City's extraterritorial jurisdiction (ETJ) must provide adequate public facilities, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities, and park and open space facilities.

Adequate Public Facilities not Exclusive to City-Owned Facilities. The term "Adequate Public Facilities" may refer to any public or private facility, which may be owned by the City or another public or private entity, so long as the facility is designed, constructed, and maintained to the standards of this UDC and the City's Technical Manuals.

Approval Timing. The City shall not approve a subdivision unless the applicant provides adequate public facilities.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.4 Conformance to Plans and Codes.

Design and construction of public facilities must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation.

The City's Thoroughfare Plan;

The Texas Uniform Traffic-Control Device Manual;

American Association of State Highway Transportation Officials Design Manual;

Texas Health Code;

The City's Standard Design Guide;

Texas Water Code

Access Management Policy; and

All other adopted codes and ordinances of the City.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.5 Lots.

Lot Design.

Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the type of development and use contemplated, and shall meet the requirements of the Chapter 2 of this UDC.

Figure 5.3.5-1: Lot Types is provided for illustrative purposes only and is not intended to represent examples of conforming lots under this UDC.

Figure 5.3.5-1: Lot Types

Lot Frontage. Every lot shall have frontage on, and access to, a public street or private street meeting right-of-way standards. Refer to Chapter 2 for frontage requirements within the City. The minimum frontage within the ETJ shall be thirty (30) feet.

Lot Frontage Restrictions for Single-Family Lots on Arterial and Collector Streets. If a property with frontage along an arterial street (or greater street section) is proposed to be subdivided or developed, the City is authorized to restrict access to the respective street and require that the developer create lots that back onto the arterial street and front onto and take access from a local or collector street in conjunction with the installation of a fence, wall, or vegetative visual screen satisfying the requirements of Article 4.6 and Article 4.7 along the arterial street frontage to buffer the residential lots from the arterial street.

Right Angles for Side Property Lines. All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule shall provide an improved street and lot layout, as determined by the City Engineer.

Through Lots, Corner Lots, Reverse Corner Lots, and Flag Lots.

Through lots and reverse corner lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

A double frontage lot shall be permitted one driveway along a local or collector street. A driveway along an arterial street is prohibited.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only. Proposed through lots meeting the criteria of this subsection E may be approved by waiver pursuant to Section 6.4.5.

Sidewalks are required along each street frontage (refer to Figure 5.3.5-2).

Flag Lots are prohibited.

Figure 5.3.5-2: Mandatory Sidewalk Installation Along All Street Frontages

Double Frontage Lots. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.

Lots with Septic Tanks.

Lot served by a septic system shall be a minimum one (1) acre in size or the minimum lot area required by the Hidalgo County Health Official and McAllen Public Utilities to accommodate adequate drainage fields and to meet the standards set forth by the state.

Any lot or subdivision proposing to use a septic system must receive approval of an on-site sewage facility permit from the Hidalgo County Health Official and McAllen Public Utilities.

Land Subject to a 100-year Flood.

Any land that, in its natural state, is subject to a 100-year flood or that cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the developer can be expected to yield a usable building site (i.e., Flood Study and FEMA Conditional Letter of Map Revision).

Thereafter, the responsible approval authority (refer to Table 6.1.4-1) may recommend approval of the plat; however, building construction upon that land shall be prohibited until the specific drainage improvements have been planned, construction completed, received approval from the City Engineer, and a Letter of Map Revision been received from FEMA.

Lots Under Common Ownership.

The Planning and Zoning Commission may approve lots intended to function under common property ownership if the lots are dedicated on a final plat for the use, ownership, and management of a Property Owners' or Homeowners' Association as provided in Section 5.3.7.

Condominium development, on a legal lot of record, may divide property in a manner consistent with the UDC, Section 5.3.7, and Texas Property Code Chapter 82.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.6 Blocks.

Generally. The size and shape of blocks must be suitable for the proposed development and be laid out in a pattern that ensures the connectivity of streets and nonmotorized travel routes and provides for efficient provision of public and safety services.

Block Measurement.

Figure 5.3.6-1: Block Measurements

Block Length. The length of a block shall be the distance from property corner to property corner measured along the property line of the block face (see Figure 5.3.6-1: Block Measurements).

Of greatest dimension; or

On which the greatest number of lots face.

Block Width. The width of a block shall be the distance from property corner to property corner measured along the property line of the block face (see Figure 5.3.6-1: Block Measurements).

Of least dimension; or

On which the fewest number of lots face.

Block Measurement Factors. The length, width, and shapes of blocks shall be determined with due regard to:

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

Zoning district requirements for lot sizes and dimensions;

Needs for convenient access, circulation, control, and safety of street traffic;

Limitations of topography; and

Compatibility with efficient development of public facilities as established by surrounding developments.

Block Length.

Nonresidential Block Length. Block length in nonresidential zoning districts shall not exceed one thousand (1,000) feet or ten (10) times the minimum lot width permitted in that district, whichever is greater.

High Density Residential and Mixed-Use Development Block Length. Block lengths in the R-3, M-1, M-2, and C-C districts shall not exceed six hundred (600) feet.

Low Density Residential Block Length.

Block length in the R-1 and R-2 districts and in the ETJ shall be between two hundred (200) and eight hundred (800) feet or twelve (12) lots, whichever is less.

If residential lots back up to a commercial use, drainage area, or to an arterial street, then there is no restriction on the block length or the maximum number of lots. However, there shall be pedestrian walkways to connect the commercial lots unless determined they are impractical by the City Engineer. Block length and number of lot requirements apply to the opposite side of the residential street, stub-outs, as well as the remainder of the subdivision including the perimeter of the subdivision.

(i)

If the residential lots back up to a commercial use, the subdivision must provide at least one (1) pedestrian walkway to connect the commercial lots to the residential lots, unless the City Engineer determines a connection is impractical. The walkway may be gated to prevent two-way access.

(ii)

Where residential development faces both sides of a street, the required block length and restriction on the number of lots along the block applies to the opposite side of the residential street, including stubbed-out streets.

In cases where physical barriers, property ownership, adjacent development, or individual usage creates conditions where it is appropriate that these standards be varied then, upon approval by the Planning Director in conjunction with the Traffic Director can propose safety measures such as traffic circles to allow the variance to the length. The length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic, and public safety.

Connectivity Index.

The connectivity index of a development indicates the level of connectedness within a subdivision. Higher numbers result in more accessible and walkable neighborhoods; lower numbers result in fewer connections and more dead-end streets.

A new subdivision shall have a connectivity index of 1.40 or higher.

Connectivity Index Calculation: The connectivity index is determined by the number of links divided by the number of nodes (refer to Figure 5.3.6-2: Connectivity Index Example).

Figure 5.3.6-2: Connectivity Index Example

Links are non-arterial roadway segment connecting that connect the nodes (excludes alleys).

Nodes are the intersection and terminus of non-arterial streets.

(i)

Nodes include any location where a street name changes; and

(ii)

Any curve that exceeds seventy-five (75) degrees.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.7 Property or Homeowners Association.

Applicability. When a subdivision contains common areas, common property, or other improvements not intended to be dedicated to the City for public use, a Homeowners' or Property Owners' Association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state laws.

Dedication of Common Areas. The common areas shall be shown on the final plat along with an adequate form for dedication. This dedication form shall:

Save the title to common area properties for the benefit of the Homeowners' or Property Owners' Association; and

Express a definite undertaking by the subdivider to convey the common properties to the Homeowners' or Property Owners' Association.

Membership. A Homeowners' or Property Owners' Association shall be an incorporated nonprofit organization operating under recorded land declarations through which:

Each lot owner in a described land area is automatically a member; and

Each lot is automatically subject to a charge for a proportionate share of the expenses for the Homeowners' or Property Owners' Association's activities, such as maintenance of common areas, common open spaces or the provision and upkeep of common recreational facilities.

All maintenance of street lights and right-of-way pavement, financially and physically, is the responsibility of the Homeowners' or Property Owners' Association.

Legal Requirements. To ensure the establishment of a permanent Homeowners' or Property Owners' Association including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of common areas or common property, the subdivision plat, dedication documents, covenants, and other recorded legal agreements must:

Legally create an automatic membership, nonprofit Homeowners' or Property Owners' Association;

Place title to the common property in the Homeowners' or Property Owners' Association or give definite assurance that it automatically shall be so placed within a reasonable, definite time;

Appropriately limit the uses of the common property;

Give each lot owner the right to the use and enjoyment of the common property;

Place responsibility for operation and maintenance of the common property in with the Homeowners' or Property Owners' Association;

Provide for or place an association charge or assessment on each lot in a manner that shall assure enough association funds to maintain the common property or improvements;

Give each lot owner voting rights in the association; and

Identify the land area within the association's authority including, but not limited to, the following:

The property to be transferred to public agencies;

The individual residential lots;

The common properties to be transferred by the developer to the Homeowners' or Property Owners' Association; and

Other parcels.

Protective Covenants. Protective covenants shall be developed that, including, but not limited to, shall make the Homeowners' or Property Owners' Association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien.

Procedure. Prior to recording the plat, the applicant shall:

Draft the articles of incorporation of the Homeowners' or Property Owners' Association, its bylaws, and the restrictive covenants;

Submit draft articles, bylaws, and covenants to the Planning Director for approval;

After approval, create an incorporated nonprofit corporation;

Record approved covenants, at the County Clerk's office, which automatically make every lot owner a member of the association, give the owners the right to use the common property, and establish voting rights and obligations to pay assessments;

Provide evidence of the recorded articles, bylaws, and the restrictive covenants prior to final plat approval; and

Pay attorney fees for document review.

Maintenance, Repair, or Capital Improvements. Any maintenance, repair, or capital improvement effort made to Homeowners' or Property Owners' Association property or facilities by the City as a result of non-performance or negligence on the part of the association shall be assessed between the various association members in proportion to the taxable value of their properties.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.8 Sidewalks.

Purpose.

Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City;

Implement the objectives and strategies of the Comprehensive Plan and other adopted plans;

Require subdivisions to connect to existing and proposed City trail systems to enhance city-wide connectivity; and

Require sidewalks with new development and redevelopment of infill sites where sidewalks do not currently exist.

Minimum Sidewalk Requirements.

Sidewalks shall comply with the sidewalk design requirements provided in the SDG.

All sidewalks shall conform to American with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements and barrier free ramps shall be provided for access to the street.

All sidewalks shall be constructed in the public right-of-way and set back a minimum of five (5) feet from the street curb. The City Engineer may alter the alignment and minimum sidewalk setback to address geographical site constraints and enhance safety as established in the SDG and in conformance with standard engineering practices.

If the available right-of-way between the curb and adjacent property line is of insufficient size to accommodate the requirements of this section, the City Engineer may approve an alternative sidewalk design.

If the reconfiguration of a sidewalk makes the sidewalk to be partially located on private property, the applicant shall dedicate a pedestrian access easement for the portion of the sidewalk on private property to ensure it is accessible to the public.

Sidewalks shall be designed to meet the minimum dimensions provided in the SDG. The City Engineer may require the end(s) of a proposed sidewalk be tapered when connecting to an existing sidewalk to allow for a better transition from the new sidewalk to the existing sidewalk.

The City shall require a sidewalk along the entire street frontage of the lot when the property owner submits:

An application to subdivide or plat their property;

A building permit application to construct a new structure or modify an existing structure on a lot that currently does not have a sidewalk; or

An application or permit for a property modifying or expanding an existing structure by more than twenty-five percent (25%) of the existing gross floor area.

A sidewalk shall be required along the entire street frontage of a lot, including those lots with double or multiple frontages where sidewalks shall be provided along each street frontage.

When a stubout is provided to an adjoining property the applicant shall extend the sidewalk along the entire length of the stubout. A multi-lot or master planned subdivision where the applicant is constructing the entire width of the internal subdivision street or stubout the sidewalk shall be constructed on both sides of the street.

10.

Sidewalks shall be required along state facilities and shall meet the minimum dimensions provided in the SDG.

11.

Sidewalks shall be constructed in accordance with the requirements of subsection D.

12.

The property owner shall assume the responsibility of installation of the required sidewalks along the frontage(s) prior to occupying the structure on the lot. The City shall not be liable for any sidewalk implementation or construction costs.

13.

The maintenance and repair of sidewalks is the responsibility of each individual property owner. The City reserves the right to inspect all sidewalks within City rights-of-way and to notify property owners to make repairs when their sidewalks become unsafe.

Sidewalks for Multi-Lot Subdivisions. In addition to the provisions in subsection B, multi-lot and master planned subdivisions shall comply with the following provisions.

Sidewalks shall be constructed on both sides of all internal subdivision streets (refer to Figure 5.3.8-1).

Sidewalks shall be constructed along the perimeter streets of the subdivision (refer to Figure 5.3.8-1).

The applicant shall provide a connection to the City's existing trails system from internal subdivision sidewalk(s) whenever an existing City trail system is near the proposed subdivision (refer to Figure 5.3.8-1).

Figure 5.3.8-1: Sidewalk Installation for Multi-Lot Subdivisions

Timing of Sidewalk Construction.

Multi-Lot and Master Planned Subdivisions.

Sidewalks may be constructed by the applicant, builder, or property owner on an individual lot basis with the construction of the residential structure on each lot.

The Building Official shall not approve a residential building permit until the applicant, builder or property owner has provided a sidewalk plan or plot plan in the building plan set showing compliance with the applicable provisions of the City's sidewalk requirements.

The sidewalk shall be constructed before a residential certificate of occupancy is issued by the Building Official.

Commercial and Residential Infill and Redevelopment.

New sidewalk construction, modification, or rehabilitation of existing sidewalks for commercial and residential infill lots shall comply with the subsection B; and

Shall be shown on a sidewalk plan or plot plan that is included in the building plan set submitted as part of a building permit application reviewed and approved by the Building Official.

A sidewalk shall be constructed and fully installed to the City's specifications before a certificate of occupancy is issued by the Building Official.

Sidewalk Compliance During the Platting Process. A plat note for sidewalk requirement will be required according to the Standard Design Guide.

Sidewalk Plan Criteria. A sidewalk plan shall show the following information:

All lots reflected on the associated plat with accurate bearings and distances, lot numbering and subdivision information.

The entire width of the public right(s)-of-way in which the sidewalk(s) is proposed.

Location of right-of-way pavement in reference to proposed sidewalk(s).

Sidewalk width, length, landings and curb ramps.

Sidewalk design specifications and construction details; and

Identify the party responsible for the construction of the sidewalk(s), and the timeframe in which the sidewalk shall be constructed by the responsible party.

The following notes shall be included on the sidewalk plan:

There shall be no vertical obstructions within the sidewalk.

The contractor shall contact the City for an on-site inspection before pouring concrete.

All construction within the right-of-way shall comply with the Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements in effect at the time activities are performed.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.9 Street Design Standards.

Purpose. The purpose of this section is to ensure adequate and safe pedestrian and vehicle circulation within the City and ETJ, and into adjoining areas.

Generally.

All lots shall have access to a public street or a private street.

The applicant shall be responsible for the costs of right-of-way and street improvements, in accordance with the policies and standards of this section.

The construction of new streets or the modification of existing streets shall comply with the minimum right-of-way dedication requirements in subsection C.

New sidewalks shall connect to existing sidewalks or trails.

The City may prescribe vertical or horizontal geometric design features to streets to facilitate bike and pedestrian traffic and to slow auto traffic in areas intended for bike and pedestrian traffic. These features may include speed tables, horizontal curves, medians, chicanes, curbs, drive aprons, or other measures as approved by the City Engineer or Traffic Director.

Minimum Right-of-Way Dedication.

All streets within the City and the ETJ shall be designed and constructed complete streets with curb and gutter, unless specified otherwise, in accordance with this section and the City's specifications in the SDG.

All new development within the City and ETJ are subject to the requirements in subsection E and shall dedicate the minimum public right-of-way pursuant to the requirements provided in this section.

These regulations do not apply to those streets owned and maintained by the State.

Right-of-Way Dimension. The minimum right-of-way dedication for subdivisions abutting an existing street shall comply with the following provisions:

The applicant shall dedicate at least half of the ultimate right-of-way width required for the existing adjacent street in accordance with the requirements of subsection C.

The minimum right-of-way dedication for the adjacent street shall be based on the geometric centerline of the right-of-way.

The City Engineer may require additional right-of-way for substandard perimeter streets to address safety, design, topography, or additional design features for traffic management considerations.

Street Typology.

Generally.

This section allows for the flexible development of street types set apart from the street types implemented through the Transportation and Mobility Chapter of the Comprehensive Plan shown in this Subsection.

The street types established in this section must also comply with the provisions of this article.

The intent of the new street types is to provide a palette of street typologies and design elements that reflect the character of different areas within McAllen.

The new street types provide adequate travel lanes for vehicles, cyclists, and pedestrians.

All streets shall meet the streetscaping standards as established in this subsection and subsection F, unless specified otherwise.

The City supports the use of context, sensitive design solutions and complete streets and shall review projects on a case-by-case basis for conformance with these concepts.

The street typical cross-sections displayed in this section provide a guide to balancing the needs of all modes of travel. Modifications to these typical cross sections may be made by the designated approval authority.

The appropriate street typical cross section shall be approved by the designated approval authority based on both engineering and land use context factors, including anticipated vehicle volumes.

Administrative design adjustments approved by the designated approval authority may be appropriate when an existing building would impede roadway expansion when transitioning from a different street section, or where strict compliance with this UDC would pose a safety hazard.

Street Types. Streets shall meet the requirements as established in Table 5.3.9-1.

Table 5.3.9-1: Street Typology
Street Typology
Street Type	ROW					Streetscape
	A	B	C	D	E	F	G	H	I
	Min. ROW Width	Min. Pavement Width	Number of Travel Lanes	Min. Travel Lane Width	Median	Min. Street scape Width	On-Street Parking	Sidewalk	Traffic Calming Measure at 800ft or Greater Block Lengths
High Speed Arterial	150'	65'	4	12'	R (14')	60'	N	R
Principal Arterial	120'	65'	4	11'	R (14')	40'	N	R
Minor Arterial	100'	44'	4	11'	O (14')	30'	O	R
Half Mile Collector	80'	40'	2	11'	O (14')	24'	O	R
Quarter Mile Collector	60'	40'	2	11'	O (10')	12'	O	R
Local	50'	32'	2	10'	N	12'	O	R	R
Key	N = Not Allowed \| R = Required \| O = Optional
Note	Must comply with Fire Department maneuvering requirement.

Streetscaping Standards.

All streets shall meet the streetscape requirements as established in Table 5.3.9-1, and may provide the following streetscape elements:

On-street parking spaces at either a parallel or angled arrangement;

Pedestrian facilities such as sidewalks, multi-use paths, and cycle tracks;

Landscaped strips with living plants;

Street furniture such as patio chairs, benches, and tables;

Green infrastructure or low-impact development mechanisms such as bioswales, rain gardens, planter boxes, permeable pavement; or

Any other unspecified streetscape element that promotes safe pedestrian interactions with the street.

Liability of streetscape maintenance shall be addressed in a license agreement.

Street Connectivity.

All residential subdivisions shall design street configurations that comply with the minimum Connectivity Index in Section 5.3.6D.

A residential and nonresidential subdivision shall provide a stub-out to undeveloped land adjacent to the subdivision.

Stub-out connections to adjoining residential properties shall occur at least every eight hundred (800) feet or in alignment with abutting subdivision streets along each boundary of the subdivision.

The stub-out shall require a paved temporary turnaround at the terminus of the stub-out of a minimum of one hundred (100) feet in diameter.

The applicant shall extend the sidewalk along the entire length of the stub-out on both sides of the street if constructing the entire width of the internal subdivision street to dead end or stub-out to the adjacent property (refer to Section 5.3.8B.9).

A new subdivision shall connect to an existing stub out adjacent to the proposed subdivision.

Permanent cul-de-sacs shall not exceed three hundred (300) feet in length unless no other alternative is available as determined by the City Engineer.

A cul-de-sac street shall be platted and constructed with paved cul-de-sac at the closed end having a turnaround with a minimum outside paving diameter of at least ninety-six (96) feet and a minimum street right-of-way diameter of at least one hundred sixteen (116) feet. For industrial uses a minimum outside paving diameter of at least one hundred eighty (180) feet and a minimum street right-of-way diameter of at least two hundred (200) feet shall be required.

Dead-end streets or alleys shall be prohibited except as short stubs to permit future expansion, if applicable. Secondary Ingress and Egress:

Multifamily residential and nonresidential development may require a secondary form of ingress and egress to a public street to meet current fire code standards.

A multi-lot or master planned subdivision requires a secondary form of ingress and egress to a public street for each phase.

All single-family development shall provide a minimum number of access points as required by current fire code standards.

Access points shall be to a local or collector street, and in certain situations where inefficient traffic flow is probable and access options are limited, to an arterial street.

Each phase shall comply with the minimum number of access points.

The City Engineer or Traffic Director may require additional access points if the configuration, number of lots, or other consideration creates the need for additional access.

The City Engineer or Traffic Director may reduce the number of access points due to topography, natural features, or the configuration of adjacent development.

Street Names, Signs, Lighting, and Pavement Marking.

Streets shall be named to provide continuity with existing streets.

Names of new streets shall not duplicate or cause confusion with the names of existing streets and shall be named according to the naming structure as approved by the City of McAllen.

Street signs shall be furnished and installed by the applicant for all intersections within or abutting the subdivision.

Street signs shall be of a type approved by the City and include the block number and block direction.

Street signs shall be installed in accordance with the prescribed type currently in use by the Texas Manual on Uniform Traffic-Control Devices.

Street marking shall be applied by the applicant in compliance with the City's specifications and the most recent edition of the Texas Manual on Uniform Traffic-Control Devices.

Streetlights shall be installed by the applicant at major street intersections and all public rights-of-way within the subdivision or site development, and at major intersections and all public rights-of-way on the boundaries of the subdivision in accordance with the requirements in Section 5.3.16.

Pavement markings shall be required by Traffic Operations Department based on functionality of roadway.

Street name signs and pavement markings shall be installed as per City's standards details.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.10 Access Management.

Purpose. The purpose of this section is to:

Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system;

Reduce conflicting turning movements and congestion and thereby reducing vehicular accidents; and

Maintain and enhance a positive image for the attraction of new, high-quality developments in the City.

Applicability. No driveway shall be allowed or permitted if, in the determination of the City Engineer or Traffic Director, it is detrimental to the public health, safety, and welfare of the community.

Common Access. Common access requirements shall abide by the guidelines of the Access Management Policy.

Driveway Design for State Maintained Roadways and Non-State Maintained Roadways.

Development shall meet the standards and specifications regulating the design and construction of driveways, including but not limited to driveway dimensions and spacing (non-State maintained roadways), street offsets, and deceleration lanes for driveways on streets required (non-State maintained roadways), as established in the Access Management Policy and in the SDG.

Developments shall meet the standards and specifications regulating the design and construction of driveways including but not limited to driveway dimensions and spacing and deceleration lanes for driveways on streets required, as established in the TxDOT Access Management Policy and the TxDOT Roadway Design Manual.

Required Internal Storage (Minimum Throat Length/Stacking).

Minimum Throat Length will be determined at time of Site Plan review by the Traffic Operations Department.

The driveway for any multifamily, commercial or nonresidential property that connects to an arterial street, collector street or local street shall conform to the standards outlined in the Access Management Policy.

Driveway Stacking shall abide by the guidelines outlined in the Access Management Policy.

Adequate Sight Distance.

Driveways shall be prohibited where adequate sight distance is not available for the established speed limit.

Sight distances shall be calculated in accordance with the latest edition of the AASHTO "A Policy on Geometric Design of Highways and Streets."

If a field inspection indicates that driveway sight distance may be insufficient, the applicant shall be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location.

Sight Visibility. Sight visibility easements shall be provided at all intersections with a public street (see Section 4.2.9) and shall adhere to the standards of the AASHTO Geometric Design of Highway and Streets.

Trip Generation.

The trip generation worksheet is a worksheet required of new subdivisions and site plan submittals, for the purposes of determining Traffic Impact Analysis applicability and scope, based on:

Change of use (redevelopment); and

Development along major thoroughfares.

The trip generation worksheet shall be prepared following the Traffic Impact Analysis Policy standards.

Traffic Impact Analysis (TIA). A traffic impact analysis (TIA) shall be prepared in accordance with the standards of the Traffic Impact Analysis Policy.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.11 Easements, Dedications, and Restrictive Covenants.

Generally.

The purpose of this section is to identify and require easements and fee simple dedication of all property needed for the construction of adequate public facilities, including streets, alleys, common access easements, sidewalks, paths, storm drainage facilities, floodways, water mains, wastewater mains, reclaimed water, franchise utilities and other public and private utilities, retaining walls and any other property necessary to serve the plat and to implement the requirements of the UDC, the SDG, and other approved technical manuals.

Easements must be provided on a final plat, or by separate instrument, and maintained by the property owner.

Utility Easements.

Where not adjacent to a public right-of-way, easements at least ten (10) feet wide or as required by the Utility Engineer, must be provided for utility construction, service, and maintenance must be provided where necessary.

Easements for water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities must be at least twenty (20) feet wide or as required by the utility.

Additional easements or additional easement width may be required by the City or McAllen Public Utility.

Easements at least fifteen (15) feet wide or as required by the utility, for utility construction, service, and maintenance must be provided within the front yard of lots that have frontage along state highways, and other arterials as identified on the Future Thoroughfare Map. These easements shall be provided along all public right-of-way except where otherwise approved by the City or McAllen Public Utility

Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public right-of-way.

The following statement of restrictions must appear in the dedication instrument on the face of the plat:

Easements.

(i)

Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements that in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on any of the easements or right-of-way shown on the plat (or filed by separate instrument that is associated with that property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective system without the necessity at any time of procuring the permission of anyone.

(ii)

Easements shall be maintained by property owners.

(iii)

The City can move trees or any other improvements and does not have the responsibility to replace them.

Fire Lane.

Emergency access and fire lanes must be provided in locations required by the City and meet the requirements of the Fire Code.

Fire lanes must have a minimum width of twenty-six (26) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed.

Fire lanes must have a minimum inside radius of twenty-six (26) feet and a minimum outside radius of fifty (50) feet.

Fire lanes that are more than one hundred fifty (150) feet in length must either connect at each end to a dedicated public or private street or to an access easement or built with a turnaround in accordance with the adopted Fire Code.

Fire lanes must be maintained by the property owner or Property Owners' Association.

Roadway Easements. See Section 5.3.9.

Sight Visibility Zone Easements. See Standard Design Guide (SDG)

Drainage Easements.

Easements for storm drainage facilities must be provided at locations containing existing or proposed drainage ways in accordance with this article, the SDG, and other approved technical manuals.

Storm drainage easements must be provided for existing and proposed enclosed drainage systems as specified in this article, the SDG, and other approved technical manuals.

Easements must be centered over the drainage systems unless approved by the City Engineer.

Easements exceeding the width specified in this article, the SDG, and other approved technical manuals, where necessary, must be provided as directed by the City Engineer.

Where lot-to-lot drainage occurs, SDG standards apply.

Storm drainage easements must be provided for emergency overflow drainage ways with enough width to contain stormwater resulting from a 50-year frequency storm, less the amount of stormwater carried in an enclosed system of a capacity required by the City.

Where a subdivision is bounded by a watercourse, drainage way, channel, or stream, a stormwater easement conforming to the lines of such watercourse shall be provided, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side.

As required by the City, drainage easements must be dedicated up to the full width necessary to accommodate the ultimate drainage facility (culvert, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes.

Water Quality Infrastructure Easements. Easements for water quality infrastructure must be provided at locations required by this article, the SDG, and approved technical manuals.

Floodplain Easements.

Floodplain easements must be provided along natural drainage ways and lakes and reservoirs.

Floodplain easements must be provided in accordance with the recommendation of the City Engineer to accommodate the fully-developed 100-year storm peak flow rates or the flow of the flood of record, whichever is greater.

Floodplain easements must encompass all areas beneath the water surface elevation of the base flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer.

The following full statement of structures shall be placed in the dedication instrument of the plat:

Floodplain Easement Restriction.

(i)

Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain easement must be accompanied with detailed subdivision construction plans and studies indicating that the construction shall cause no adverse impact, that no obstruction to the natural flow of water shall result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin. Proper separation from the utility lines will be required.

(ii)

Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, shall remain as an open channel at all times and shall be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City shall not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing their property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur.

Retaining Wall Easements.

If, in the opinion of the City Engineer, the grading plans submitted with the subdivision construction plans for approval of a final plat indicate the need for the construction of one or more retaining walls, the City Engineer may, at their discretion, require a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone to be dedicated and shown on the preliminary plat and the final plat.

The City shall have the right, but not the obligation, to enter the easement for the purpose of maintaining or repairing the retaining wall.

The width of the retaining wall easement and the no-building zone shall be as established by the applicant's structural engineer and approved by the City Engineer.

The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall.

No structure (other than the retaining wall), swimming pool, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone.

A retaining wall easement must be located entirely on one lot and not straddle property lines, unless the wall is constructed within a retaining wall easement dedicated to the Property Owners' Association in accordance with subsection 7 below.

The property owner, or the Property Owners' Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the final plat.

Maintenance of Easement.

Easements required in this section are areas established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems.

The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone.

The property owner shall be responsible for maintaining the easement.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.12 Water Utility.

Generally.

All subdivisions in the City's corporate limits and ETJ shall provide an adequate water distribution system and connect to a public water system in conformance with the standards of the public water service provider.

The City's corporate limits and ETJ are serviced by various public water providers and it is the responsibility of the applicant to determine the public water provider that services their property.

Any new water main(s) must be designed and installed by the applicant's engineer prior to public water provider accepting such water facility or facilities for maintenance.

The applicant's engineer shall coordinate with both the McAllen Public Utilities and public water provider to receive construction plan approval for the construction or modification of water facilities.

The public water provider can prohibit a connection to an existing or proposed water system when they determine that a connection shall exceed capacity or overload the water system to serve the anticipated water demand of the proposed development.

In the absence of specific standards, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code (Title 30, Part 1, Chapter 290), Public Drinking Water.

The public water provider shall make the final determination of the adequacy of the proposed system.

The public water provider in coordination with the McAllen Public Utilities may require the phasing of development or improvements to maintain adequate water capacity.

All water mains shall be constructed within the street right-of-way and easements shall be dedicated to the public water provider.

The public water provider shall determine placement and width of water easements.

Water Line Extension to Subdivision Perimeters. All water lines installed within a subdivision must extend to the border and perimeter of the subdivision to allow for future water extensions to adjacent properties, regardless of whether those extensions are required for service within the subdivision.

Fire Hydrants.

Fire hydrants shall be placed on block corners or near the center of the block to place all or every lot within an access length of five hundred (500) feet in residential areas, but under no circumstances shall a hose lay for more than five hundred (500) feet be made from the fire hydrant to cover all of every lot within the subdivision or tract under development.

Fire hydrants shall be located in commercial and industrial areas so that all of every lot shall be within an access length of three hundred (300) feet, but under no circumstances shall a hose-lay of more than three hundred (300) feet be made in order to adequately afford fire protection to the building or buildings.

A fire hydrant shall be placed at the entrance or at the end of all cul-de-sacs subject to review of the Fire Marshal in coordination with the public water service provider.

Hydrants shall provide enough pressure for fire protection in accordance with the City's adopted fire codes subject to review and approval of the Fire Marshal in coordination with the public water service provider.

Fire hydrants should be placed between lots to prevent conflicts with driveways.

Fire hydrants must be installed according to Standard Design Guide, including but not limited to a three (3) foot clear space shall be maintained around the circumference of the fire hydrant.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.13 Wastewater Utility.

Generally.

All subdivisions in the City's corporate limits and ETJ shall provide an approved means for wastewater collection and treatment and connection to an adequate public wastewater system in conformance with the standards of the public wastewater provider.

The City's corporate limits and ETJ are serviced by various public wastewater providers and it is the responsibility of the applicant to determine the public water provider that services their property.

Any new wastewater main(s) must be designed and installed by the applicant's engineer prior to the public wastewater provider accepting the wastewater facility or facilities for maintenance.

The applicant's engineer shall coordinate with both the McAllen Public Utilities and public wastewater provider to receive construction plan approval for the construction or modification of wastewater facilities.

The public wastewater provider may prohibit a connection to an existing or proposed wastewater system that they determine shall exceed the capacity or overload the system to serve the anticipated wastewater demand of the proposed development.

The public wastewater provider in coordination with the McAllen Public Utilities may require the phasing of development to maintain adequate wastewater capacity.

The public wastewater provider in coordination with the McAllen Public Utilities shall make the final determination of the adequacy of the proposed system.

The public wastewater provider shall determine placement and width of wastewater easements.

Wastewater Connection.

Any development occurring within six hundred and sixty (660) feet or less of an existing or proposed wastewater line shall extend and connect to the City's facilities (or to other public utility as determined by CCN).

Any on-site sewage facility (OSSF) must be approved by McAllen Public Utility Board and shall be constructed in accordance with the Texas Administrative Code (Title 30, Part 1, Chapter 285), On-Site Sewage Facilities.

The Hidalgo County Health Official or the City's designated representative shall review and approve all septic system permits for any property in both the city limits, ETJ and the County, after McAllen Public Utilities approval.

Wastewater Line Extension to Subdivision Perimeters.

All laterals and wastewater mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the subdivision.

If due to physical constraints, a new subdivision shall never be constructed beyond a developing subdivision, the City Commission and McAllen Public Utility Board may approve a subdivision waiver (see Section 6.4.5) for this requirement prior to action on the construction plans or prior to action on any plat.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.14 Preliminary Utility Plan.

Applicability.

A preliminary utility plan shall detail both Section 5.3.12 and Section 5.3.13 requirements and may be required as part the following plat applications in which the modification or extension of utilities is required for the proposed development:

Preliminary Plat.

Final Plat.

Replat.

Preliminary utility plans shall comply with the criteria contained in the City's standard applications forms and checklists.

Preliminary utility plans are subject to the review processes established in Chapter 6 required for plat and development applications.

Plan Criteria.

Concurrent with the submission of a preliminary plat, final plat, or any other plan in which the modification of public utilities is required, the applicant shall submit a map or plan showing the location and size of water utility and wastewater utility mains, which shall be required to provide adequate service to the lots specified in the proposed plat and in accordance with the Standard Design Guide.

Preliminary utility plans shall show existing and proposed fire hydrant systems to show adequate fire protection as required in the UDC and the City's fire code.

Coordination with Other Utility Providers.

When the subdivision is in an area served by a utility provider other than the City, the applicant is still required to provide a water system analysis, indicating adequate water supply and water quality for review by the McAllen Public Utilities.

When a subdivision is in an area served by a utility provider other than the City, the applicant must provide a letter from the utility provider stating that facilities exist in the area to provide adequate domestic service and fire protection.

If McAllen Public Utilities has reason to believe that there may be water supply or pressure concerns the City may require, a water system analysis, indicating adequate water supply and water quality.

A plat shall not be approved until a letter has been provided from the utility provider stating that they have accepted the plans for construction.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.15 Private Street Regulations.

Purpose. The purpose of this section is to:

Allow private street developments to occur within the City on a limited and restrictive basis;

Provide for diverse housing options that help the City remain competitive in the development market and meet the needs of residents;

Ensure private streets are constructed to the quality standards of public streets; and

Ensure private street developments are accessible by safety and emergency services of the City.

Generally.

A private street development shall comply with all provisions of the UDC including the subdivision (Chapter 5), zoning (Chapter 2), and pertinent development (Chapter 4) standards.

A private street development shall be subject to impact fees as applicable, parkland dedication or fee-in-lieu parkland fees.

There shall be no required minimum or maximum acreage size and/or number of lots within private street developments.

The location of the private street development among other criteria required in this section is subject to the approval of the City Commission.

A private street development shall not impede the current or future street circulation needs of the City, such as obstructing a street designated as a collector or arterial connection in the City's Future Throughfare Map.

A private street development shall not disrupt an existing or proposed City pedestrian, bike, or trail pathway.

Except where substantial existing natural or humanmade barriers would render the requirement unreasonable, each private development shall have direct access to a collector street and meet all other connectivity and access requirements of this article.

There shall not be an overconcentration of gated and private street developments that may negatively impact neighborhood development pattern.

Development Guidelines.

Private streets shall be constructed to the street design standards contained in the SDG and any other construction specifications for public right-of-way required by the City.

A private street development must provide access for emergency vehicles, public and private utility maintenance and service personnel, service of street lights and maintenance, the US Postal Service, and other government governmental employees in pursuit of their official duties.

A private street development that has an access control gate or cross arm must comply with Standard Design Guide. It shall also provide stacking spaces dimensions at the location of the keypad to the right-of-way line as per the Standard Design Guide. Vehicles waiting to enter the private street development cannot stack on the public right-of-way.

A private street development that has an access control gate shall also provide a turnout or turnaround area outside the gated perimeter pursuant to the City's transportation design criteria and specifications.

The Fire Marshal shall approve the installation of access gates, which shall meet the City's fire code requirements for emergency operation. The type of gate or control access mechanism is subject to review and approval by the Fire Marshal and shall be maintained by the property or homeowners association.

The property or homeowners association shall provide keypads and codes, as well as a receiver and mechanism designed to open gates automatically in response to a remote traffic signal preemption device meeting the specifications of emergency service providers, at all gates into the community.

If at any time any gate does not promptly and automatically open for an emergency vehicle utilizing a traffic signal preemption device, the emergency responders shall be privileged to remove, disable or destroy any locking device, gate or piece of a gate in order to gain access. The deed restrictions shall recognize and incorporate this requirement, and further hold the City and its emergency providers harmless from any and all claims or damages arising from the property or homeowners association's failure to maintain the gate to this standard or for the removal or destruction of such gates or devices.

Street lighting and street signage on private streets are required to meet the City's specifications and shall be installed and maintained by the property or homeowners associations at no cost to the City as per section 134-168[1] of the Code of Ordinances.

[1]

Editor's note—So in original.

The applicant is responsible for the installing and designing water and wastewater utilities to the City's specifications (or to other public utility as determined by CCN). All water and wastewater mains and associated appurtenances shall be publicly owned and maintained by the service provider.

10.

The applicant is responsible for installing, designing, and operating all electrical facilities to the utility provider's standards. All electric facilities shall be owned and maintained by the utility provider.

11.

The applicant is responsible for the installation of the stormwater system to the City's standards, and the HOA is responsible for maintenance of the stormwater system.

Review Criteria for a Subdivision Plat Involving a Private Street Development. Plats shall provide the following information:

Private street subdivisions shall provide the following note on the face of the plat:

"The streets have not been dedicated to the public for public access nor been accepted by the City as public improvements, and the streets shall be maintained by the property or homeowners association within the subdivision. The street shall always be open to emergency vehicles, public and private utility service personnel, the U.S. Postal Service and governmental employees in pursuit of this official duties."

Private streets shall be dimensioned, named, and designated as a common area, but not public right-of-way.

The plat shall show pre-existing easements unaffected by the platting process.

The plat shall provide utility and drainage easements containing utilities or drainage improvements.

The plat shall provide an access easement for utility service providers, safety and emergency services, postal service, and any other service personnel that may need to access the development to perform routine maintenance.

Perpetual Maintenance of Private Streets.

Formation of Property or Homeowners Association

Subdivisions with private streets shall have a property or homeowners association that shall own and maintain the private streets and appurtenances.

The property or homeowners association shall provide for the payment of dues and assessments required to maintain the private streets.

The property or homeowners' association documents must be recorded with the County Clerk prior to the associated final plat being recorded with the County.

Property or Homeowners Association Membership Disclosures. Every owner of a lot within the private street development shall be a member of the property owners association and shall be made aware of the following provisions.

The property or homeowners association documents must indicate that the streets within the development are private, owned and maintained by the property or homeowners association and that the City has no obligations to maintain or reconstruct the private streets.

The property or homeowners association documents shall include a statement indicating that the City may, but is not obligated to, inspect private streets, and require repairs necessary to ensure that they are maintained to City standards.

The property or homeowners association may not be dissolved without approval of the City Commission and written consent of the City.

The property or homeowners association documents shall note that certain City services shall not be provided on private street, such as routine police patrol, enforcement of traffic and parking ordinances. Depending on the characteristics of the proposed development other services may not be provided.

The property or homeowners association documents shall contain a provision that requires access to emergency vehicles, utility personnel, the U.S. Postal service, and governmental employees in pursuit of their official duties.

The outlining criteria for conversion of private streets to public streets contained in subsection F shall be included in the property or homeowners association documentation to increase awareness of voluntary and mandatory process for converting private streets to public streets.

Assignment of Property or Homeowners Association Lien Rights. The property or homeowners association shall provide the City the authority to file a lien or to secure payment from homeowners for the maintenance, repair and replacement in part or in whole of all privately held common areas, including but not limited to streets, drainage, street lighting or other appurtenances or associated ancillary items. No portion of the property owners association documents pertaining to maintenance of the private streets may be amended without the written consent of the City.

Conversion of Private Streets to Public Streets.

Voluntary Conversion. The City may but is not obligated to accept public streets for public access and maintenance. The procedure must conform to all the following provisions:

The property or homeowners associations must submit a petition signed by one hundred percent (100%) of its members.

All the infrastructure must be in a condition that is acceptable to the City.

All security stations, gates, and other structures not consistent with a public street development must be removed.

All funds in the reserve fund must be transferred to the City.

The request to convert the private street to public streets must be considered by the Planning and Zoning Commission and approved by the City Commission. An ordinance converting the private streets to public streets must be approved by the City Commission.

A revised subdivision plat shall be submitted to the Planning Director after the City Commission has approved the request to convert existing private streets to public streets.

Prior to the revised subdivision plat being recorded with the County the property or homeowners association documents shall be revised and refiled to remove requirements specific to private street subdivisions.

Mandatory Conversion.

The City shall notify the property or homeowners association of violations of the private street regulations. Failure to bring the subdivision into compliance with the regulations may cause the City to revoke the planned development district for the private streets.

If the planned development district is revoked, the City may correct all remaining violations, remove the security stations, and unilaterally refile the subdivision plat thereby dedicating the streets to the public.

If the planned development district is revoked, all funds in the reserve fund shall become property of the City and shall be used to offset any costs associated with converting the private streets to public streets. In the event the balance is not enough to cover all expenses, the property or homeowners association shall be responsible for unpaid work.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.16 Street Lighting.

Generally.

The City may establish a standard specification for all aspects of the streetlight structure within a separate technical manual such as the SDG.

Installation of streetlights, typically decorative in nature, that exceed the specification requires a written and recorded agreement with the Homeowners' or Property Owners' Association establishing the means of long-term maintenance and replacement. All bases must be compatible with the City's standard pole design.

The City may choose to exceed its own standard specification at its discretion for special programs and districts (such as historic districts and similar) for streetlights, decorative street signs, and decorative traffic-control devices.

Street Lighting Requirements.

Street Lighting shall be reviewed by both the City and the electric service provider. It is the responsibility of the applicant to receive the necessary plan approvals from both the City and the electric service provider. All arterial, collector, and local roads require LED streetlights with a spacing according to Standard Design Guide. Based on the width of the street, the Traffic Department may require streetlights on both sides of the street to ensure adequate lighting. Approval of streetlight layout must come from the City before proceeding with the electric service provider with an approval letter from the City attached with the stamped approved streetlight layout.

The minimum streetlight spacing and type of streetlight used in the development shall comply with the City's design criteria for streetlights, and be subject to Traffic Department's final approval of location.

Cost of installation of street lighting shall be borne by the applicant. Escrow or receipt of payment for all proposed streetlights is required before recordation of subdivision. Streetlight sketches provided by the electric service company must comply with the approved streetlight layout approved by the City if not the City shall require relocation of poles at the applicant's expense.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.3.17 Other Underground Utilities.

Generally.

All distribution lines, cables, or utilities shall be installed below ground within the subdivision to eliminate the necessity for disturbing the street, curb and gutter, sidewalk and other services and structures when making connections.

When a new subdivision is developed in an area with existing above ground utility lines, the applicant shall be responsible for locating the lines within the subdivision and along its perimeter underground.

Transmission lines or major cables to provide utilities such as electric, telephone, and cable television to the area may be located above ground on the perimeter of the subdivision being served, subject to discretion of the City Engineer.

The installation of these utilities shall conform to commonly accepted construction standards, subject to discretion of the City Engineer.

The applicant or property owner shall provide separate service lines for water and wastewater to each lot or unit.

The applicant or property owner shall coordinate with all other appropriate utility companies for the extension of their respective utility lines and service to and within the addition and for any costs or refunds of such cost.

All plats and site plans for residential and multifamily developments shall require all internal telephone lines, cable television lines, electric lines, and utility lateral and services lines and wires to be placed underground except as otherwise provided in this UDC.

In special or unique circumstances or to avoid undue hardships, a subdivision waiver may be approved by the City Engineer to permit the construction and maintenance of overhead electric utility lateral or services lines and of overhead telephone and cable tv lines and may approve any plat or site plan with such approved variances, waivers, or exceptions.

Where electrical service is to be placed underground, street or site facilities shall also be placed underground.

All electrical, cable television, and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in subdivisions shall be pad mounted or placed underground.

Unless specifically stated otherwise, temporary construction service may be provided by overhead utility lines and facilities without obtaining a waiver.

All installations regulated by the provisions of this article shall be in conformance with the intent of this UDC and SDG.

Nothing in this UDC shall be construed to require any existing facilities to be placed underground when no development is proposed.

Company Notification to City. All utility companies shall notify the City, in writing, at least forty-eight (48) hours before digging, boring, drilling, etc.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.1 Minimum Standards.

This UDC identifies certain minimum requirements and sizes for utilities, roadways, parks, and other facilities necessary to protect or promote the public health, safety, and welfare of the community.

It is the intent of this UDC that no development occurs until these minimum levels of service are met.

Therefore, each subdivision in the City shall be required to dedicate, construct or upgrade required facilities and infrastructure to a capacity that meets these minimum levels.

It is the responsibility of the applicant to coordinate and receive the necessary plan approval approvals for water and wastewater services from the designated public utility service provider.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.2 Construction Process.

Timing of when Public Improvements are Constructed.

Public Improvements are constructed after the applicant has received preliminary and final plat approval, approval of the construction plans, attended a Pre-Construction Meeting (refer to Section 5.4.4) and has been released for construction by both the City Engineer and the public utility service provider (refer to Section 5.4.5).

Public improvements shall be constructed and inspected (refer to Section 5.4.6) by the City Engineer and the public utility service provider before the applicant submits a final plat application to the City (unless a development agreement is executed in accordance with the requirements of Section 5.4.7).

The City Engineer and public utility service provider shall issue a letter of final acceptance after the final inspection to confirm that public improvements were constructed to the City's and public utility's standards.

The applicant shall submit to the City and the public utility service provider as-built and a warranty letter after receiving the letter of final acceptance.

Recording of the Final Plat. The applicant can submit a final plat application to the City after:

Submitting record drawings to the City Engineer and the public utility service provider; and

Submit required payments.

Acceptance of Public Improvement.

Public improvements are accepted for maintenance by the City and the public utility service provider when the plat is recorded with the County Clerk except as otherwise noted on the plat.

A note shall be placed on the plat to address the maintenance of certain infrastructure or Public Improvements by either the City, the public utility service provider, or the property owner.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.3 Construction Plans.

Generally.

Except as otherwise expressly stated, the applicant or property owner is responsible for constructing and installing infrastructure and public improvements in accordance with the provisions of either the City's or the public utility service provider's design criteria for public infrastructure.

Water and wastewater infrastructure shall comply with standards of the public utility service provider.

Any ornamental or standard light poles shall comply with the standards of the electric service provider.

The applicant or the property owner shall be responsible for paying for all material testing.

All public improvements must be designed and installed to provide for an interconnected system of infrastructure and to create continuity of improvements that shall facilitate land development on adjacent properties.

Unless otherwise expressly stated, the applicant is responsible for maintenance of all required infrastructure and improvements, including rights-of-way, to the standards of these regulations until the City, another unit of government, a property owners association, or other legal entity assumes actual responsibility for maintenance of the infrastructure and improvements.

All water, wastewater, drainage, and roadways improvements necessary to support a proposed development shall be designed by a professional engineer licensed in the State of Texas.

Applicability. Construction plans are required for any project involving the construction of roads, drainage improvements, utility installation and any other site improvements deemed necessary to serve to the proposed development that is subject to the review and approval by the City Engineer/Utility Engineer.

Review Process.

Construction plans shall be submitted and reviewed in accordance with this section of this article and the City's standard submittal procedures in Chapter 6.

It is the responsibility of the applicant to coordinate with the public utility service provider to receive construction plan approval by the public utility service provider. The construction plan review process for the City is separate from the construction plan review process for the public utility service provider.

The preliminary utility plan set and the construction plan set requirements may vary between the City and the public utility service provider. It is the responsibility of the applicant to have construction plans approved by the public utility service provider and the City.

Prerequisites. Construction plans shall be submitted for formal review after a preliminary plat has been approved and prior to the approval and recordation of a final plat as shown in Article 5.4.

Construction Plan Set Requirements.

A construction plan set shall generally consist of the following sheets:

Cover Sheet.

General Notes.

Preliminary Plat (if applicable).

Final Plat.

Existing Topographic Map.

Master Drainage Plan.

Grading Plan.

Pavement Plan with Profiles.

Master Sanitary Sewer Plan.

Sanitary Sewer Plan with Profiles.

Master Water Plan.

Water Plan and Profiles.

Sidewalk Plan.

Streetlight Plan.

Pavement Marking Plan.

Fire Hydrant Plan.

Other information as needed.

The Development Team may request additional information be included in each construction set to address other pertinent details.

Compliance with City Plans and Other Regulations. It is the responsibility of the applicant's engineer to ensure the final design of site improvements conform with the following:

Any transportation or mobility plan adopted by the City of McAllen;

City of McAllen's SDG;

Texas Department of Transportation (TxDOT) Access Management Manual;

Texas Administrative Code, Title 30 (Texas Commission of Environmental Quality), Chapter 285 (On-Site Sewage Facilities);

Texas Water Code; and

All other codes and ordinances of the City.

Easements. All easements shall be provided and meet the requirements as established in Section 5.3.11.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.4 Pre-Construction Meeting.

Purpose: The purpose of the pre-construction meeting is to discuss administrative, communication, and operating procedures for project construction prior to construction release.

Meeting Procedures.

The applicant shall attend a pre-construction meeting with the City staff if Public Improvements are to be constructed with the project.

The pre-construction meeting shall be scheduled following the approval of the construction plans and prior to commencement of any construction on the property.

The applicant shall be responsible for contacting the City staff, requesting a meeting time, and notifying all participants of the meeting.

After receiving a meeting request from the applicant, the City staff shall promptly schedule a pre-construction meeting.

Effect. Following the pre-construction meeting and full compliance with all pre-construction requirements, the City staff shall release the project for construction and issue a Notice to Proceed (NTP).

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.5 Construction Release.

Requirements for Construction Release.

Upon approval of the construction plans, receipt of all required documentation, fees (if applicable), and after the pre-construction meeting with City staff, the City Engineer/Utility Engineer shall release the plans for the construction of Public Improvements if all City requirements pertaining to construction have been met.

The construction release shall remain in effect for a period of one (1) year from the date of issuance, or for the duration of construction of the project if progress or development of the project continues to be demonstrated.

Construction Release Expiration and Extension. Expiration and possible extension of the construction release shall comply with the submittal and approval procedures for the construction plans (refer to Section 5.4.3).

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.6 Inspection of Public Improvements.

Conformance with Approved Construction Plans.

Construction shall be in accordance with the approved plans and City standards.

Any significant change in design required during construction shall be made by the applicant's engineer, funded by the applicant and shall be subject to approval by the City Engineer/Utility Engineer.

Preliminary Inspection Required.

The applicant, upon completion of drainage, roads, streets, water, reclaimed water, wastewater and other facilities intended for the use of the public, or purchasers or owners of lots fronting or adjacent there to, shall request a preliminary inspection from the City Engineer/Utility Engineer.

After preliminary inspection, the City Engineer/Utility Engineer shall notify and provide the applicant with a written punch list of any issues the applicant must rectify in order for the public improvements to be in accordance with the approved construction plans and City standards.

Final Inspection.

The applicant, upon rectifying any issues identified in the preliminary inspection punch list (if applicable), shall request from the City Engineer/Utility Engineer a final inspection.

The City shall provide letter of final acceptance after the final inspection if the applicant has properly addressed any issues identified in the preliminary inspection and documented in the associated punch list, and are now installed in accordance with the approved construction plans and City standards.

Letter of Final Acceptance.

If all improvements are completed, inspected, tested (if applicable), and determined by the City Engineer/Utility Engineer to be in conformance with the provisions of the UDC and the City's standards and all inspection fees have been paid, then the City Engineer/Utility Engineer shall issue a letter of final acceptance to the applicant.

Dedication and acceptance language shall be recorded with the final plat or provided by a separate document if requested and approved by the City Engineer/Utility Engineer.

A note shall be placed on the plat to address the maintenance of public improvements by either the City, the public utility service provider or the property owner.

The applicant shall submit to the City record drawings (refer to subsection E) and a warranty letter after receiving the letter of final acceptance.

A final plat application shall not be accepted by the City until the applicant submits to the City Engineer/Utility Engineer the as-built drawings and received approval of the warranty letter.

A letter of final acceptance shall mean that the applicant has transferred all rights to all the public improvements to the City for title, use, and maintenance, this shall not release the applicant from the warranty letter.

As-Built Drawings.

The purpose of the City requiring as-built drawings is to have a record of how public improvements were constructed in the field.

The applicant must submit the as-built drawing after receiving a letter of final acceptance by the City Engineer/Utility Engineer.

All sheets for the as-built drawings shall show all changes made in the construction plans during construction, and on each sheet, there shall be a "as-built" stamp bearing the signature of the engineer and date.

Digital files of all the as-built drawings shall be submitted by the applicant in AutoCAD and Adobe PDF formats, as required by the City.

Inspection and Testing Fees.

Inspection and testing fees shall be established by the City and set forth in the adopted fee schedule.

The applicant may be charged an additional inspection and testing fee to reimburse the City the actual inspection cost if the City is required to have third-party inspections of the public infrastructure in each subdivision or development.

Warranty Letter.

Construction company shall be responsible for submitting as-built drawings, warranty letter, and any other information as required by the City Engineer/Utility Engineer.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.7 Development Agreement and Financial Surety for Completion.

Development Agreement and Surety for Completion of Delayed Public Improvements. When any of the required public improvements shall be postponed and constructed after final plat recordation, the final plat shall not be accepted for recording unless and until the applicant enters into a development agreement of standardized format approved by the City by which the applicant:

Guarantees completion of all the public improvements;

Provides financial provisions for the completion of all public improvements (e.g., surety, performance, and payment bonds) by securing the obligations of the development agreement consistent with Section 5.4.8;

Outlines other terms and conditions as are agreed to by the applicant and the City, or as may be required by this article, including insurance requirements and covenants to comply with other City ordinances.

Development Agreement for City/McAllen Public Utilities Participation in Public Facilities.

If the City/McAllen Public Utilities participates in construction or financing of construction of public improvements, then a development agreement shall be required.

The development agreement shall provide that the covenants and other items of agreement contained within shall run with the land and shall bind all successors, heirs, and assignees of the current property owner.

All existing owners and lienholders shall be required to execute the agreement or provide written consent to the covenants and other items contained in the agreement.

Authorization Required by the City Commission/McAllen Public Utility Board.

The City Engineer/Utility Engineer and City Attorney shall review all development agreements.

The City Engineer/Utility Engineer shall recommend an action to the City Commission/McAllen Public Utility Board for all development agreements.

(Ordinance 2026-16 adopted 2/9/2026)

§ 5.4.8 Financial Surety.

Types of Financial Surety.

Surety, Performance, and Payment Bonds.

When any of the required public improvements shall be constructed after approval and recordation of the final plat, the applicant shall guarantee proper construction of such postponed improvements and payment of all claimants supplying labor and materials for the construction of the improvements, in accordance with the City's standards and with this article, by a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City, on the form provided by the City.

The surety, performance, and payment bonds shall be approved as to form by the City Attorney.

Irrevocable Letter of Credit. An irrevocable letter of credit (ILOC) may be accepted and approved as to form by the City Attorney.

Escrow. At the discretion of the City Engineer/Utility Engineer and agreement with subsection C, escrow may be allowed as a security for completion.

Estimated Cost and Security Approval.

Security shall be issued in the amount of one hundred percent (100%) of the cost to construct and complete all required public improvements to the City's standards as estimated by the applicant's professional engineer, and as approved by the City Engineer/Utility Engineer.

Security shall be subject to the review and approval of the City Attorney.

Escrow Policies and Procedures.

Request for Escrow.

The City may require the deferment of, or the applicant may petition the City to defer, required improvements in exchange for a deposit of escrow (an example may include a timing issue due to pending street improvements by another agency such as TxDOT).

The City may require studies and other information to support the applicant's request to escrow.

City Escrow Deposit.

When the City Engineer/Utility Engineer requires or agrees to accept escrow deposits, the developer shall deposit in escrow with the City an amount equal to one hundred percent (100%) of the total "turnkey" costs including, but not limited to, the design, permitting, acceptance and inflation costs related to the improvement(s). The full amount of escrow shall remain deposited with the City until completion of the project.

The City Engineer/Utility Engineer shall review and approve the amount, which shall be approved and paid prior to recordation of the final plat.

City Usage of Escrow Fees. The City may also use the escrowed funds in participation with another entity (such as TxDOT or the County, etc.) to jointly construct the public improvement(s).

Termination of Escrow.

Escrows, or portions of escrowed amounts, which remain unused after a period of ten (10) years following the date of such payment shall, upon written request, be returned to the applicant.

Such return of escrowed funds does not remove any obligations of the applicant for construction of the required improvement(s).

Refund for Escrow. If all or a portion of a street or other type of public improvement for which escrow is deposited is constructed by a party other than the City, the remaining unused escrowed funds, upon written request shall be refunded to the applicant after completion and City's acceptance of the street or public improvement. The City shall require thirty (30) days from the request to process the refund.

Interest on Escrow Funds. When escrowed funds are returned or refunded to the escrowing developer, the City shall retain all the interest accrued by the funds.

(Ordinance 2026-16 adopted 2/9/2026)