(a)

It shall be the policy of the city to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the city pursuant to the general plan for the orderly, planned, efficient and economical development of the city.

(a)

This chapter is adopted under the authority of the state Constitution and laws, particularly V.T.C.A., Local Government Code ch. 212, "Municipal Regulation of Subdivision and Property Development"; other applicable chapters of this Code; and any other authority provided by law, or as such statutes may be amended.

(b)

Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the city.

(a)

The owner of any tract of land within the corporate limits of the city or within the extraterritorial jurisdiction of the city as prescribed by state law, as amended, who intends to develop an addition to the city or who divides any tract in two or more parts to lay out a subdivision of the tract of land, to lay out suburban building or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use for or the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts, must have a plat of the subdivision or addition prepared, approved and recorded in accordance with the requirements of this Code. A division of a tract of land under this Code includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. A division of a tract of land under this Code does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated.

(a)

A plat is required for any tract of land divided into two or more parts, as provided for in Sec. 4-3 above, except as provided in the Texas Local Government Code or for the following:

(1)

The division of land into parts greater than five acres each, each part having access to a public street, where no public improvement is dedicated;

(2)

The acquisition of land by the city, county or state for public facilities; or

(3)

The acquisition of land by a public utility for the purpose of providing or housing needed infrastructure in order to provide utility service to an immediate area.

(a)

The provisions of this chapter are adopted to protect and provide for the public health, safety and general welfare of the city as provided below:

(1)

To guide the future growth and development of the city in accordance with the general plan;

(2)

To establish reasonable standards of design and procedures for plats and replats of land in order to further the orderly layout and use of land;

(3)

To ensure that developers provide for the required public improvements attributable to development;

(4)

To prevent the pollution of air and water; to assure the adequacy of drainage facilities; to safeguards the underground water reserves; and to encourage the use and management of natural resources throughout the city;

(5)

To provide for parkland and open spaces through the most efficient design and layout of the land;

(6)

To ensure that land is subdivided to provide for uses of land for which market demand exists and which are in the public interest;

(7)

To prevent the creation of divisions of land or development of substandard public improvements in violation of this chapter; and

(8)

To minimize the long-term costs to the city for repair and maintenance of public improvements.

Editor's note— Ord. No. O-2024-168, § II, adopted June 27, 2024, repealed § 4-6, which pertained to planning and zoning commission.

(a)

The PDS director shall approve a plat if it conforms to the general plan and to the requirements of this Code while taking into account access to and extension of the city water system, reuse water system (if applicable), wastewater system, and stormwater drainage facilities. In rendering its decision, the PDS director shall also consider the location of current and future streets, alleys, parks, easements, and other required public facilities within the city and its ETJ.

(Ord. No. O-2024-168, § III, 6-27-2024)

(a)

The provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety and general welfare. These regulations shall be interpreted and construed broadly to promote the purposes within Sec. 4-5 above.

(1)

Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in this chapter. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

(2)

Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this chapter shall govern. Where possible, private provisions not inconsistent with the requirements of this chapter shall be operative and supplemental to these regulations.

(a)

Building permits. Except as provided below, no building permits, certificates of occupancy, or other permits of any kind shall be issued by the city for the construction or development of any parcel of land until a plat has been recorded in accordance with this chapter and the requirements of Chapter 8, article X, Buildings and Building Regulations, have been satisfied.

(1)

A plat is not required for the construction of a wireless transmission facility on a parcel of land.

(2)

A plat is not required for the construction of a building or structure on property zoned AG; provided that no on-site or off-site public improvements are needed to serve the parcel of land.

(3)

A plat is not required for any modification to an existing structure if said modification is within the existing footprint of said structure.

(4)

A plat is not required for expansion to existing structures or site modifications, unless said expansion or site modification triggers a traffic impact analysis, requires extension of city utilities or roadways, or requires floodplain delineation as set forth by this Code.

(5)

A plat is not required for new installation, repair, replacement, or removal of a sign.

(6)

A plat is not required for the issuance of a subdivision improvement permit.

(7)

A plat is not required for the issuance of a grading permit.

(8)

A plat is not required for the issuance of a building permit for properties located in the geographical area bounded by the Union Pacific Railroad, A.W. Grimes Boulevard, Brushy Creek, and IH-35, if the following conditions are met:

a.

The building permit is for the construction of a single-family dwelling and related accessory structures; and

b.

The current boundaries of the property existed in the same configuration since October 12, 2023; and

c.

The city has determined there is no need for right-of-way dedication.

The City reserves the right to require easements by separate instrument during building permitting.

(b)

Certificate of occupancy. Whenever a plat is required by this Code, no certificate of occupancy shall be issued for a building on a lot within a plat until such time that the required public improvements serving all lots within the recorded plat have been completely installed, inspected, and accepted by the city as required in article VIII of this chapter.

(Ord. No. O-2023-335, § I, 10-12-2023)

(a)

Generally. A tract of land may not be served or connected with city utilities unless a plat has been approved and recorded for said tract of land, nor shall the city have any obligation to extend utility service to any parcel created in violation of this Code.

(b)

Applicability. This section shall not apply to a tract of land that was first served or connected with the city's utilities prior to January 1, 1970.

(a)

Purpose. The city council finds that strict compliance to the regulations of this Code for certain non-recorded subdivisions may result in undue hardship. The city council shall designate such non-recorded subdivisions by resolution duly adopted. So that the purposes of this Code may be fulfilled, the city council may modify the requirements of this Code's regulations for those non-recorded subdivisions so designated.

(b)

Criteria for recognition of non-recorded subdivisions.

(1)

Required findings. The city council shall recognize a non-recorded subdivision and authorize the modification of the requirements of this Code when an unnecessary hardship would result from the strict enforcement of this Code. In granting a modification from the requirements of this Code, the city council shall prescribe only conditions it deems not prejudicial to the public interest. Modifications from the requirements of this Code shall only be granted if the city council finds all of the following:

a.

Extraordinary conditions. That there are extraordinary or special conditions affecting the tract of land involved such that strict application of the provisions of this Code would cause undue hardship.

b.

Application of a substantial property right. That the modification from the requirements of this Code is necessary for the preservation and application of a substantial property right of the developer.

c.

Substantial detriment. That granting modification from the requirements of this Code will not be detrimental to the public health, safety or welfare, injurious to other property in the area or to the city in administering this Code.

d.

Other property. That these conditions do not generally apply to other tracts of land in the vicinity.

e.

Developer's actions. That the conditions are not the result of the developer's own actions.

f.

General plan. That granting modifications from the requirements of this Code will not substantially conflict with the general plan and the purposes of this Code.

(2)

Profitability not considered. The fact that the tract of land would be of more value should modification from the requirements of this Code be granted may not be considered as grounds for recognizing the tract of land as a non-recorded subdivision.

(a)

On the written request of a developer, a utility provider, or a governing body, and in compliance with V.T.C.A., Local Government Code § 212.0115, the PDS director shall make the following determinations regarding the tract of land identified in the request:

(1)

Whether a plat is required under this Code for the tract of land; and

(2)

If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the planning and zoning commission or PDS director, as applicable.

(b)

If the PDS director determines that a plat is not required, a written certification of that determination shall be issued to the requesting party. If the PDS director determines that a plat is required the PDS director shall issue to the requesting party a written certification of that determination.

(c)

The PDS director shall make a determination within 20 days after the date the written request is received and shall issue a written certification of that determination within ten days after the date the determination is made.

(Ord. No. O-2024-168, § IV, 6-27-2024)

(a)

Generally.

(1)

The PDS director shall have the primary responsibility to enforce these regulations and to bring to the attention of the city attorney, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or enforcement officer of the city having information regarding an alleged violation of this chapter shall report that information to the PDS director.

(2)

No owner or owner's agent of any parcel of land located in a proposed final plat shall transfer or sell any part of the parcel before a final plat is duly recorded with the county clerk, as provided by Sec. 10-35, recordation procedure.

(b)

Violations and penalties. It shall be unlawful for any person to fail to comply with or violate any section or subsection of this chapter. A fine or criminal penalty prescribed by this chapter does not apply to a violation in the ETJ. The PDS director shall report violations to the city manager and county judge to determine what action is deemed proper.

(c)

Civil enforcement. The PDS director shall report violations to the city manager to determine what action is deemed proper, and the city attorney is hereby authorized, without further authorization from city council, to file suit in district court, in addition to any criminal penalties to enjoin the violation of any provision of this chapter. Appropriate actions and proceedings may be taken by the city in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described in this section.

Subdivision fees under this chapter shall be as currently established or as hereafter adopted by resolution of the city council from time to time which shall be set forth in appendix A of the Code of Ordinances.

(Ord. No. O-2022-399, § I, 12-1-2022)

(a)

Subdivisions in Round Rock shall be designed with consideration for the wellbeing of the citizens and natural environment of the city. The following general subdivision design principles shall be followed for new subdivisions:

(1)

Tree preservation and the use of significant trees as a design feature shall be a priority.

(2)

Monarch trees shall serve as focal points with streets and lots designed to take advantage of their presence.

(3)

Sharp elevation changes, bluffs, and similar topographical features shall be accentuated.

(4)

Creeks and streams shall be preserved in their natural state.

(5)

Historic sites shall be made accessible to the public.

(6)

The following additional design standards apply to new subdivisions containing more than 100 residential lots:

a.

Open spaces with active and passive recreation opportunities shall be easily accessible to all lots.

b.

Connections to existing parks and trails adjacent to the subdivision shall be accommodated and maintained.

c.

Pathways, greenbelts, and similar spaces shall be used to break up long blocks and allow pedestrian connectivity throughout the subdivision.

d.

A variety of lot sizes shall be incorporated.

e.

New lots located adjacent to existing residential neighborhoods shall be comparable in size to the adjacent lots.

The Design and Construction Standards are adopted by ordinance by the city council. All public improvements required by this article shall be constructed and installed in accordance with the Design and Construction Standards to meet or exceed such standards. A subdivision or addition, or any portion thereof, which is within a floodplain as identified in the flood insurance rate maps published by the National Flood Insurance Program, shall meet any Federal Emergency Management Agency (FEMA) requirements for stormwater drainage facilities. To the extent that there is any conflict between any of the minimum standards provided in the Design and Construction Standards or the FEMA requirements, whichever imposes the more stringent restrictions shall prevail. Whenever any standards in the Design and Construction Standards conflict with the provisions of this article, the provisions of this article shall govern.

(a)

General provisions. The developer shall dedicate easements that allow approved lots within the addition or subdivision to have access to all public utilities. Where necessary to adequately serve the addition or subdivision with public utilities, easements shall be dedicated for all public utilities including water lines, reuse water lines, wastewater lines, and stormwater drainage facilities and associated appurtenances. Such easements shall be provided as deemed necessary by the planning and zoning commission. Easements shall be dedicated according to the requirements delineated in the development packets.

(b)

Location and widths. Easements shall be appropriately located and of sufficient width to accommodate the required utilities. All easements for city utilities shall conform to the Design and Construction Standards. The width of the public utility easement required by the development packet for platting procedures in the downtown area may be altered by the zoning administrator to meet building setbacks.

Subdivision identification signs shall conform to the provisions of chapter 8, article IX, Signs. The colors and materials selected for subdivision identification signs shall be complementary to the architectural design of the structures to be constructed within the subdivision.

(a)

Walls required. Where subdivisions are platted so that the rear and/or side yards of residential lots are adjacent to a major collector or higher classification street, the developer shall construct, at his sole expense, walls between said rear and/or side yards and said street, in accordance with the standards set forth below. Where said lots are corner lots, the wall requirements of this section shall take precedence over corner lot fencing specifications regulated by Sec. 8-35.

(b)

Standards. It is intended that all walls erected pursuant to this section be constructed in such a manner to last 30 years with minimal maintenance required during said period. All walls required by this section shall conform to the following minimum standards:

(1)

Where applicable, materials and installation of walls shall comply with the most recent edition of "Selected ASTM Standards for Fence Materials and Products," a copy of which shall be maintained by the PDS director. Structural plans and specifications for walls shall be approved by the PDS director. Such plans and specifications are to be submitted at the same time as other construction plans required by this chapter. In approving said plans and specifications, the PDS director shall consider the site's soil characteristics, wind loadings and other environmental considerations.

(2)

Walls shall be constructed of the following materials: brick, natural stone, simulated stone, split-faced or architectural concrete masonry unit (CMU), decorative reinforced concrete, or other equivalent materials approved by the PDS director.

(3)

Walls shall be a minimum of six (6) feet and a maximum of eight (8) feet in height. The materials, color and design of walls shall be uniform within an approved preliminary plat, unless otherwise approved by the planning department. A finished side of all walls shall face the thoroughfare.

(4)

All walls shall be placed at least five (5) feet from any existing or proposed city water line, reuse water line or wastewater line.

(5)

All walls required herein shall be placed along the property line between the right-of-way and the adjoining private property and outside any easements.

(c)

Miscellaneous provisions.

(1)

A plat note describing the location of proposed wall and associated landscaping including irrigation shall be included on the preliminary plat and final plat.

(2)

Detail plans for walls and associated landscaping including irrigation shall be submitted with the construction plans for public improvements.

(3)

Walls shall conform to the requirements of this Code governing sight distance for traffic safety.

(4)

Prior to the city's acceptance of the public improvements the developer must complete all walls required herein.

(5)

It is not the intent of this section to regulate the design and/or construction of entrances to subdivisions.

(6)

The city, at its option, may maintain the wall. As a result, a five-foot (5') access easement shall be provided along the back and sides of the property abutting the wall for maintenance purposes.

The developer shall dedicate and construct all bike ways identified in the general plan that are located within the boundaries of the subdivision or addition. The bike lanes shall be designed and identified with markings and materials in accordance with the Design and Construction Standards.

(a)

Requirement. A developer shall provide neighborhood delivery and collection box units for postal service to lots within a residential subdivision. The neighborhood delivery and collection box units shall meet the minimum lot requirements and design standards for such facility as determined by the United States Postal Service ("postal service").

(b)

Neighborhood delivery and collection box units. The developer shall provide for neighborhood delivery and collection box unit locations within dedicated rights-of-way, easements or on special purpose lots shown on the preliminary and final plats. The preliminary and final plat shall show the neighborhood delivery and collection box unit locations as approved by the postal service. Approved neighborhood delivery and collection box unit locations shall also be shown on construction plans.

(c)

Location of neighborhood delivery and collection box units on streets. Neighborhood delivery and collection box units shall be placed in a location that is convenient, accessible, safe and efficient to all lots in the subdivision. The developer shall abide by the standards established by the postal service. In addition, the following criteria shall be used to determine the site location of neighborhood delivery and collection box units:

(1)

In the street right-of-way of a local street, the site shall be generally located adjacent to a common rear lot line of two lots;

(2)

In the street right-of-way of a collector street, the site shall be designed in accordance with the Design and Construction Standards;

(3)

The site shall not be located in the street right-of-way of an arterial street; and

(4)

In situations where special conditions exist and the location requirements provided above cannot be met, the planning and zoning commission may approve an alternate location for the neighborhood delivery and collection box unit.

(d)

Parking requirements for neighborhood delivery and collection box units.

(1)

A minimum of one parking space shall be provided for each eight (8) individual postal boxes for the first 32 postal boxes excluding package boxes. One additional space shall be provided for each 16 individual postal boxes thereafter excluding package boxes.

(2)

Parking spaces for neighborhood delivery and collection box units may be located in the public right-of-way on public streets or within the special purpose lot for private streets. Parking spaces shall be designed in accordance with the Design and Construction Standards. All aforementioned parking spaces shall not reduce the required roadway width.

(e)

Design and lighting requirements for neighborhood delivery and collection box units. Design and lighting requirements for neighborhood delivery and collection box units shall be in accordance with the Design and Construction Standards.

All protected trees on the site shall be protected in accordance with the tree protection plan provided for in Sec. 8-22.

(a)

Criteria. A subdivision may be approved with rural standards if the following conditions are met:

(1)

All lots are a minimum of two (2) acres;

(2)

All lots have a minimum 50-foot building setback;

(3)

All lots are single-family either by a zoning classification or by deed restrictions; and

(4)

No new collector or arterial streets are required.

(b)

Standards. The following rural standards are permitted if Sec. 4-35(a) is met:

(1)

Streets may have either standard or ribbon curbs;

(2)

Open channels may be utilized and shall be constructed in accordance with the Design and Construction Standards;

(3)

Sidewalks are required on one side of the street for all residential subdivisions comprised of four lots or greater; for three or fewer lots no sidewalks are required;

(4)

Flag lots are permitted if the conditions set out in Sec. 4-46(c) are met; and

(5)

Streets shall be constructed in accordance with the Design and Construction Standards.

(a)

Criteria. The unique nature of the land being platted may require, under proper circumstances, the departure from the adopted design criteria and Design and Construction Standards. The city council may enter into an alternative standards agreement with a developer that departs from this chapter if the following is met:

(1)

The proposed alternatives, in aggregate, fully address the intent and purpose of the standards of this chapter; and

(2)

The alternative standards agreement conforms with the general purposes, goals and objectives of the general plan.

(b)

Recording the alternative standards agreement. The alternative standards agreement shall be recorded prior to the submittal of the preliminary plat application. The recording costs shall be paid by the developer. The plat shall include a note referencing the alternative standards agreement.

(a)

Special purpose lots. Special purpose lots established for private streets, parkland dedication, landscaping, postal boxes, floodplain, drainage conveyance, storage, or sedimentation and filtration, lift stations, or water storage, electrical substations, switching stations and other similar facilities needed for transmission and supply of public utilities, may be approved as exceptions to the lot requirements provided in chapter 2 of this Code. In addition, except for private streets, a special purpose lot does not require street frontage but must be provided vehicular access approved by the PDS director. A special purpose lot established for a private street must connect to either a public street or another private street that connects to a public street. A special purpose lot that is to serve as a common area, open space, or recreational field for a new subdivision in the SF-2 (Single-Family - Standard Lot) or SF-3 (Single-Family - Mixed Lot) zoning districts shall be irrigated by reuse water where available.

(b)

Double frontage lots. Double frontage lots are prohibited for all single-family, two-family and single-lot townhouse lots unless no other lot configuration is practical as determined by the PDS director.

(c)

Flag lots. Flag lots shall be permitted at the discretion of the PDS director at the time of subdivision platting. In order for a flag lot to be considered for approval, it must meet the following conditions:

(1)

The lot is intended for nonresidential use, except as provided for in Sec. 4-34(b)(4);

(2)

The lot has a minimum width of 50 feet at the street;

(3)

The length of the projection to the street does not exceed 500 feet or the depth of the abutting lot, whichever is less; and

(4)

There is a minimum distance of 400 feet from the nearest flag lot as measured along the street frontage.

Additionally, in cases where driveways cannot meet separation requirements, a plat note indicating how shared access to adjoining lots has been secured shall be included on the plat.

The PDS director may deny an application for a flag lot if the location creates site specific traffic safety concerns or conflicts with access to abutting lots or driveway separation standards.

(d)

Lot size. Except for special purpose lots and lots in the ETJ, the size of the lots shall conform to the requirements of chapter 2.

(e)

Lot width. Lot widths shall be determined according to the requirements of chapter 2.

(f)

Lot numbering. All lots shall be numbered consecutively within each block unless an alternative lot numbering arrangement is approved by the PDS director.

(g)

Lot street frontage.

(1)

The lot street frontage for a single-family residential lot shall be no less than 25 feet.

(2)

The lot street frontage for a nonresidential or residential lot other than a single-family lot shall be no less than 50 feet.

(Ord. No. O-2024-168, § V, 6-27-2024)

(a)

Block configuration. The configuration of blocks shall promote convenient and safe traffic and pedestrian circulation throughout the subdivision, create aesthetically pleasing neighborhoods, foster a desirable living environment, and provide fire and police access to ensure public safety.

(b)

Restriction. Blocks of single-family, two-family or single-lot townhouse lots shall not contain more than two tiers of lots.

(c)

Block length. Residential blocks within new residential subdivisions shall meet the following standards:

(1)

The block length shall not exceed 1,000 feet. The city encourages block lengths to be limited to 600 feet, but the length may be varied according to circulation, topography, and provisions of the Comprehensive Plan.

(Ord. No. O-2024-168, § V, 6-27-2024)

(a)

For single-family, two-family and single-lot townhouse residences, as defined in Sec. 1-50, residential driveways are permitted on local streets and local collector streets only. Residential driveways for double frontage lots and corner lots must be located on the lesser classification street. Driveways serving single-family, two-family or single-lot townhouse residences are prohibited on major collectors or arterial streets unless the public works director determines no other access is possible.

(b)

Common-lot townhouse, as defined in Sec. 1-50, multifamily, and nonresidential driveways are permitted on all streets; however, the driveways must have a minimum of 200 feet spacing between driveways on arterial streets and from the street centerline at an intersection.

(c)

The driveway restrictions above do not prohibit driveway access to alleys. Alley driveway access may be permitted upon approval of a TIA by the public works director.

(d)

Driveway construction shall be in accordance with the Design and Construction Standards.

(Ord. No. O-2024-266, § XXVII, 9-26-2024)

(a)

Intent and purpose. It is the intent of these gated communities regulations to:

(1)

Allow gated community developments to occur within the city on a limited and restrictive basis; and

(2)

Provide for gated communities and private streets as alternative types of development to allow the city to expand its development types.

(b)

Guidelines for gated community. The following guidelines are to be satisfied as part of the review and approval process for all gated communities and private streets:

(1)

All gated communities shall be located in areas zoned as planned unit development district (PUD) in accordance with Secs. 10-22 and 2-76.

(2)

Each application for a gated community PUD shall be subject to the approval of the commission and the city council, on a case by case basis, based upon the criteria described in this section. However, an applicant who meets the stated criteria will not be entitled to the gated community PUD as a matter of right, but shall obtain approval of the gated community PUD at the discretion of the commission and city council.

(3)

A gated community shall be designated solely for residential uses.

(4)

A gated community shall not impede a current or future development of a collector street or arterial; or other minor or major thoroughfare.

(5)

A gated community shall not disrupt an existing or proposed public pedestrian pathway, hike and bike trail or park.

(6)

A gated community shall not contain more than 120 dwelling units.

(c)

General requirements. All gated community PUDs shall include the following minimum requirements in the PUD ordinance and/or development plan included therein:

(1)

The gated community private street system must comply with design standards in this Code. All ordinances, rules, regulations, design standards and construction standards which govern public streets shall apply to gated community private streets, including, but not limited to, street and roadway width, paving, drainage, sidewalks, submission of plans, and street lighting requirements.

(2)

The private street system within a gated community shall provide perpetual access for all lots within the development, for police and other emergency vehicles, public and private utility maintenance and service personnel, solid waste collection services, the U.S. Postal Service, and government employees in pursuit of their official duties.

(3)

Any type of gate or controlled access means or mechanism is subject to the approval of the city's fire marshal, and any corrective action shall be the responsibility of the property owners association. The location of any such gate or controlled access means or mechanism and any associated appurtenances shall be subject to the approval of the public works director, and shall not impede necessary sight lines for traffic, nor create vehicular stacking that adversely affects an adjacent street. A turnaround area subject to the approval of the public works director shall be provided on the exterior side of any such gate or controlled access means or mechanism to allow traffic to reverse direction. The city shall bear no responsibility or liability in connection with the removal or destruction of any gate or other controlled access mechanism while engaged in an emergency action.

(d)

Specific requirements.

(1)

Each gated community plat shall contain the following wording on the face of the plat:

"The streets have not been dedicated to the public, for public access nor have they been accepted by the City of Round Rock as public improvements, and the streets and roadways shall be maintained by the property owners association within the subdivision, except that the streets and roadways shall always be open to emergency vehicles, public and private utility maintenance and service personnel, solid waste collection services, the U.S. Postal Service, and governmental employees in pursuit of their official duties".

"The undersigned, his successors, and assigns hereby agrees to release and hold harmless the City, any governmental entity and public utility for damages to the private streets occasioned by the reasonable use of the private streets by the City, governmental entity or public utility, for damages and injury (including death) arising from the condition of said private street; for damages and injury (including death) arising out of the use by the City, governmental entity or public utility of any restricted access gate or entrance; and for damages and injury (including death) arising out of any use of the subdivision by the City, governmental entity or public entity. The owners of all lots contained in this plat shall release and hold harmless the City, governmental entities and public utilities for such damages and injuries. The releases contained in this paragraph apply regardless of whether such damages and injury (including death) are caused by the negligent act or omission of the City, governmental entity or public utility, or their representative officers, employees or agents".

"The undersigned, his successors, and assigns hereby agrees that the City is not obligated to provide certain City services on the private streets contained within the development, including, without limitation, routine police patrols, street lighting, enforcement of traffic and parking ordinances and preparation of accident reports".

(2)

A PUD for a gated community must be approved by the city prior to the approval of the final plat. The city shall consider the PUD application after review and recommendation by the city staff. Subject to city council approval, the requirements of this Code may be modified in the ordinance adopting the PUD.

(3)

Easements. Gated community plats shall provide the following easements:

a.

Public utility easements containing the private streets and public utilities;

b.

Additional public utility, drainage and storm sewer easements required by the city, public utilities, or other public agencies;

c.

Preexisting easements unaffected by the platting process; and

d.

Such private service easements, including but not limited to, utilities, fire lanes, street lighting, government vehicle access, mail collection and delivery access, and utility meter reading access, as may be necessary or deemed mutually convenient by the applicant and the city.

(4)

Access. To ensure adequate access to each gated community, there shall be at least two points of ingress and egress, except for a gated community containing no more than 30 dwelling units. The second entry may be designated for emergency access only.

(5)

Private access amenity plan. For each gated community, a private access amenity plan shall be submitted to the PDS director for review and approval in consultation with other city departments. A private access amenity plan shall be submitted with any gated community PUD application. At a minimum, the private access amenity plan shall include a scale drawing showing the plan and profile of all walls, gates, entry areas, landscaping, architectural features, and signs, etc. This will provide opportunity to review proposed controlled access mechanisms, access points, landscaping, screening walls, or similar buffering barriers, and other related private street components.

(6)

The city staff may request rendered perspectives and elevations of proposed structures that are components of the private streets, including description of proposed building materials, roof pitches, signage, and showing relationships to adjacent structures and such other items as the city staff might reasonably request.

(7)

The city staff may require additional data to amplify and clarify the private access amenity plan; such information may include, without limitation, fencing, access controllers, entrance areas, barriers, perimeter walls, and exterior landscaping.

(8)

The city staff may require additional data to illustrate items outside the gated community, such as entrance area, barriers, perimeter walls, exterior landscaping, and other elements as required by city staff.

(9)

No credit will be allowed for the development of private parks, not open to the public. The developer of the gated community shall pay a parkland fee in lieu of parkland conveyance in accordance with Sec. 4-68.

(10)

Private streets and alleys must be constructed within one or more separate lots. Such lots must conform to the city's standards for public streets and alley right-of-way. An easement covering the street lots shall be granted to the city providing unrestricted use of the lots for utilities and the maintenance of same. This right shall extend to all utility providers, including telecable companies, operating within the city. The easement shall also provide the city with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to, fire and police protection, inspection and code enforcement. The easement shall permit the city to remove any vehicle or obstacle within the street lot that impairs governmental service or function, or emergency access.

(11)

With respect to the maintenance and repair of public utilities located within the boundaries of the special purpose lots for private streets, the city's obligation to restore the surface of the special purpose lot shall be limited to the repair or restoration of any grassed area, broom-finished concrete driveway or sidewalk, concrete roadway curb, or asphaltic concrete roadway surface that is removed or disturbed in the course of installing, operating, repairing, or accessing any utilities, lines, or associated appurtenances owned by the city or public utilities. The city and public utilities shall not be obligated to repair or restore any other item so removed or disturbed, including but not limited to, trees, shrubs, non-grass groundcover, grass other than common St. Augustine or Bermuda, walls, posts, fences, lighting other than street lighting required under Sec. 6-16, decorative paving, or structures. The city and public utilities shall have final authority in determining the limits of any such repair or restoration, the satisfactoriness of such repair or restoration, and that such repair or restoration is in keeping with the standards of other such repairs or restoration provided elsewhere in the city.

(12)

All private traffic signs shall conform to the Texas Manual of Uniform Traffic Control Devices, as amended, and city ordinances and regulations.

(13)

Until conveyance of the private streets, appurtenances, related private storm sewers and drainage facilities to the property owners association, the developer will maintain a commercial general liability insurance policy written by a company licensed to do business in the state, with a combined single limit of not less than $500,000.00, which coverage may be provided in the form of a rider and/or endorsement to a previously existing insurance policy. Such insurance coverage shall specifically name the city as an additional insured. This insurance coverage shall cover all perils arising from the use of the private streets. A copy of each instrument affecting coverage shall be delivered to the city on or before recordation of the plat. Until the private streets are conveyed to the property owners association, the developer shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until 30 days after the city has received written notice as evidenced by a return receipt of registered or certified mail.

(e)

Property owners associations.

(1)

Each gated community PUD shall have an approved property owners association. The developer will cause to be recorded community covenants that include provisions for:

a.

Mandatory membership in a property owners association by all property owners within the gated community;

b.

Mandatory assessments secured by a lien, which assessments will include maintenance of private streets, appurtenances, related private storm sewers and drainage facilities;

c.

Requirements that the property owners association be responsible for the maintenance of private streets, appurtenances, related private storm sewers and drainage facilities; and

d.

Such other provisions required by this subsection.

The covenants required herein shall be approved by the director of planning and city attorney, and filed for record contemporaneously with the filing of the final plat in the county records department. In lieu of filing the covenants with the final plat, the developer may record with the final plat a street restrictive covenant, approved by the director of planning and city attorney, obligating the developer to maintain and repair the private streets, appurtenances, related private storm sewers and drainage facilities and common areas and facilities (and such other provisions required by the city) until a property owners association has been created and community covenants recorded which otherwise comply with this section; provided, however, that in any event the property owners association must be created and the community covenants must be recorded prior to the developer's conveyance of any lot to a third party. No assessments need be levied by the property owners association until the property owners association has been created and community covenants recorded and the private streets, appurtenances related private storm sewers, and drainage facilities and common areas and facilities have been conveyed by the developer to the property association; provided that such private streets, appurtenances, related private storm sewers and drainage facilities, or common areas and facilities must be conveyed to the property association no later than 12 months after completion.

(2)

The community covenants shall provide for a street maintenance reserve fund for the maintenance, repair and reconstruction of private streets, related private storm sewers and drainage facilities, access control structures and equipment. This reserve fund shall be maintained in a separate account and may not be co-mingled with any other property owners association funds. A portion of the assessments levied by the property owners association will be placed in the street maintenance fund. The portion of the assessments collected from lot owners and placed in the street maintenance fund will be based on the current maintenance and replacement schedule prepared and certified by a licensed engineer or an individual holding an RS ("reserve specialist") designation from the Community Associations Institute. In conjunction with approval of the final plat, the basis and formula for calculating the amount of assessments to be deposited in the street maintenance fund, shall be subject to review and approval by the director of public works and the PDS director. The property owners association shall provide to the city: (i) annually an affidavit setting forth the fund balance and any expenditures therefrom; and (ii) at least once every three years, an updated maintenance and replacement schedule prepared and certified by a licensed engineer or a reserve specialist. No more than once annually, the basis and formula for calculating the amount of assessments to be deposited in the street maintenance fund may be amended, subject to the review and approval of the director of public works and the city PDS director.

(3)

The community covenants will permit, but shall not obligate, the city to repair and maintain private streets, appurtenances, related private storm sewers and drainage facilities if the developer or the property owners association, as applicable fails to maintain such facilities in good condition and repair after the city has provided such party written notice and the 30 days to remedy such failure. Notice will not be required in the case of an emergency. The term "emergency" means a condition threatening the health or safety of any person, or significant damage to any publicly owned property or utilities, as determined by the city in its sole and absolute discretion. The community covenants shall further provide that the city may use the outstanding balance in the street maintenance reserve fund if the city is required to repair or maintain the private streets, appurtenances, related private storm sewers and drainage facilities.

(4)

Membership requirements. Every lot owner within the gated community shall be a member of the property owners association.

(5)

The community covenants shall provide that the streets within the gated community are private, owned and maintained by the property owners association and that the city has no obligation to maintain or reconstruct the private streets, nonpublic storm sewers and drainage facilities. The covenants shall include the following provision:

"The property owners association shall be responsible for contacting the City of Round Rock Public Works Department every two years, or as needed, from time of initial completion to schedule an inspection, to include city staff and the property owners association's representative for reviewing the private streets".

(6)

The community covenants shall include language, approved by the city attorney, whereby the association agrees to release and hold harmless the city, its officers, agents, and employees, from any and all claims, lawsuits, judgments, costs or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property including death, resulting from or in any way connected with the construction, maintenance or operation of the private streets.

(7)

Upon conveyance of the private streets, appurtenances, or related private storm sewers and drainage facilities to the property owners association, the property owners association will maintain a commercial general liability insurance policy, written by a company licensed to do business in the state with a combined single limit of not less than $500,000.00, which coverage may be provided in the form of a rider and/or endorsement to a previously existing insurance policy. Such insurance coverage shall specifically name the city as an additional insured. This insurance coverage shall cover all perils arising from the use of the private streets. A copy of each instrument effecting coverage shall be delivered to the city on an annual basis. The property owners association shall not cause such insurance to be canceled or permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until 30 days after the city has received written notice as evidenced by a return receipt of registered or certified mail.

(f)

Voluntary conversion of private streets to public streets. The city may, but is not obligated to, accept private streets for public access and maintenance. The procedure must conform to all of the following provisions:

(1)

The property owners association must submit a petition signed by 100 percent of its members.

(2)

All of the streets must be in a condition that is acceptable to the city, in its sole judgment.

(3)

All access controllers and other structures not consistent with a public street development must be removed at the expense of the property owners association and to the satisfaction of the city.

(4)

If any maintenance of the streets and roadways is required, the city may use the outstanding balance in the reserve fund for such maintenance. Any remaining balance in the fund shall be returned to the lot owners at the time the private street and/or roadway is converted to a public street on a fair and equitable basis to be determined by the city council. If the outstanding balance is insufficient to perform the required maintenance, the property owners association shall provide additional funds as required.

(5)

Each lot owner shall execute an instrument of dedication for filing of record, the form of which shall be approved by the city attorney's office.

(g)

Design standards; structures. The design and construction of the infrastructure within a gated community shall conform to the same rules, regulations, standards and specifications established for standard subdivisions with public streets.

(1)

Perimeter fences at entry access points, entry monuments, and access controllers, may be erected within public utility, drainage and storm sewer easement(s), provided they do not impede the operation, installation, maintenance, repair, or replacement of public utilities, drainage facilities, and storm sewers within the easement(s), as determined solely by the city PDS director.

(2)

Where access controllers are a part of a larger, multi-purpose structure, only that portion of the structure which functions as access controllers may encroach the building line adjacent to the private street.

(h)

Street lights on private streets. Street lighting shall be provided on private streets in accordance with Sec. 6-16. It shall be the responsibility of the property owners association to pay for the cost of operating the street lights on private streets.

(i)

Additional requirements or standards. The foregoing requirements and standards for gated community PUDs are considered to be the minimum requirements. However, nothing contained herein shall be considered as a limitation on the city council's discretion to modify these or other requirements or standards to make them more or less restrictive, as required by the unique circumstances of each PUD application.

(Ord. No. O-2024-266, §§ XXVIII, XXIX, 9-26-2024)

(a)

This article is enacted in accordance with the home rule powers of the city, granted under the state Constitution, and the state statutes. It is hereby declared by the city council that open space and recreational areas in the form of parks are necessary for the health, safety and welfare of the public. It is hereby further declared by the city council that a parkland fee in lieu of parkland dedication for residential and nonresidential development is necessary to further the pursuit of obtaining open space and recreational areas.

(b)

The primary purpose of the parkland requirements is to ensure that the need for parkland that arises from new development is at least partially satisfied by the developer of the new development, so that those who generate the need contribute their proportionate share. Accordingly, when new development occurs, a reasonable contribution is to be made for open space for those who live or work in the new development so that they may engage in active and passive recreational activities within or near the new development. In some instances, the need for parks resulting from new development may be addressed most effectively through the development and acquisition of community or regional parks serving several neighborhoods.

(c)

It shall be required that a developer of any residential subdivision or addition set aside and convey to the public sufficient and suitable lands within the subdivision or addition for the purpose of parkland or contribute cash in lieu of land conveyance or combination thereof as determined by the planning and zoning commission upon the recommendation of the parks director.

(d)

The requirements for the conveyance of parkland established by this article are based in part on the goals, recommendations, needs and standards set forth in the general plan adopted by the city council. The general plan describes the needs prioritization and implementation plan, standards for parks and recreation units, planning and land acquisitions methods, as well as goals and objectives.

(a)

Residential. The developer of a residential subdivision or addition shall provide for the parkland needs of the community by conveyance of suitable land in accordance with Sec. 4-63. For purposes of this article, a residential subdivision shall include single-family, two-family, townhouse, multifamily, and senior development. To meet the parkland requirements, the city may allow a developer of a residential subdivision or addition to convey off-site land, contribute cash in lieu of parkland pursuant to Sec. 4-68, or any combination thereof.

(b)

Nonresidential parkland fee. In order to provide for the open space needs of the community, the developer of a nonresidential subdivision will be assessed a parkland fee as currently established or as hereafter adopted by resolution of the city council from time to time payable in accordance with Sec. 4-68(c). The parkland fee may be reduced or waived by the parks director should the developer choose to dedicate parkland at the time of platting.

(c)

Mixed-use parkland fee. The parkland fee shall be determined at the time of subdivision platting for developments in the following mixed-use zoning districts: MU-1, MU-2, MU-L, MU-R, and MU-G. The fee shall be determined based on the split of proposed uses of the subdivision. Residential uses in a mixed-use district shall be assessed the fee equivalent to those found in Sec. 4-63 based on the housing unit type. Nonresidential uses in a mixed-use district shall be assessed the fee equivalent to nonresidential uses noted in subsection (b) above.

(d)

City purchase of parkland. In order for the city to achieve the goals of the general plan, the city may need to purchase land that exceeds standard dedication requirements from the developer for parkland. The city may enter into an agreement with the developer to purchase the property from the developer. If the city and developer cannot agree on the terms of said agreement, the city may choose to prohibit any construction on the proposed parkland for a period not to exceed 120 days from the date of approval of the preliminary plat, during which time the city shall use reasonable and diligent efforts to acquire the necessary funds or financing to purchase the parkland. The foregoing provision shall not be construed as a limitation of the city's authority to acquire land by eminent domain.

(a)

The developer of a residential subdivision or addition is required to convey the amount of land equivalent to the following percentages of the total acreage of the subdivision excluding any lots zoned for nonresidential use:

(b)

The developer of a residential subdivision or addition will be allowed up to 50 percent credit toward fulfilling the requirements of subsection (a) of this section for land designated as privately owned and maintained park and recreational facilities that are for use by the residents of the subdivision or addition.

As part of the plat review process, the parks director shall make recommendations based upon requirements of this article to the planning department at the appropriate time within the plat review process. Recommendations received shall be noted on the written report for the plat prepared by the PDS director.

(a)

General standards. Parkland conveyed to the city as provided in this article shall meet each of the standards set forth below:

(1)

The general plan shall be used as a guide for location of park sites;

(2)

The parkland shall have frontage on a public street equal to or greater than the square root of the total square footage of park area to be conveyed (e.g., a 435,600-square-foot park area, which is the equivalent of a ten-acre park, would require 660 linear feet of frontage);

(3)

Unless otherwise approved by the parks director, parkland which is a part of the citywide trails master plan shall be designed and located within a subdivision or addition to allow for an extension or connection of a public park or public recreational facility within an abutting subdivision;

(4)

A minimum of 50 percent of the dedicated parkland within a subdivision or addition shall be outside of the ultimate 1% annual chance floodplain and shall have a size, configuration and topography to be developable for active park purposes, unless identified in the general plan as a regional trail or a community/regional park;

(5)

Parkland shall not be encumbered with existing or proposed public utility easements or drainage channels that would unduly restrict the development of the site for recreational purposes except as provided in subsection (b) of this section; and

(6)

Property identified with environmental hazards that limit its use as a public park as indicated by a phase I or phase II environmental assessment, as provided for through the subdivision platting process, shall not qualify as lands eligible for parkland dedication.

(b)

Dual park and stormwater drainage facility. The parkland may be designed and constructed to allow for dual recreational and stormwater drainage purposes. Approval must be obtained from both the parks director and PDS director for the location and design of the dual park and stormwater drainage facility. Areas designated for dual use purposes shall not exceed 50 percent of the parkland dedication requirement per Sec. 4-63, unless otherwise approved by the parks director and the PDS director.

(c)

Improvements required. Parkland conveyed to the city shall be improved as required by this article. The developer shall indicate the proposed parkland improvements within the construction plans as required in article VIII of this chapter. Construction of the required parkland improvements shall be in accordance with the accepted construction plans, and shall be completed by the developer within the time period specified for construction of public improvements in this chapter. An improved park shall, at a minimum, include the following:

(1)

Paved frontage, curbs and gutters for all required street frontages abutting the outside perimeter of the parkland;

(2)

A sidewalk or trail installed in the park, and/or a sidewalk installed along the street frontage of the park with the location approved according to the construction plans;

(3)

Water, reuse water (if applicable), wastewater, electrical services and all other utilities provided to the remainder of the subdivision or addition shall be provided to the park as part of standard subdivision improvements; and

(4)

The grading of site and installation of grass with irrigation. Irrigation may cease when the grass becomes fully established.

(a)

Parkland shown on preliminary and final plats. Parkland to be conveyed shall be designated as a lot on both the preliminary and final plats as " Parkland shall be conveyed to the City of Round Rock by separate document prior to the recordation of the Final Plat" with the acreage of the parkland also shown. In addition, a note referencing the conveyance of the parkland shall be placed on the final plat.

(b)

Title insurance policy required. Prior to recording the final plat, the developer shall deliver to the planning department a title insurance policy with the city as the holder and covering the parkland being conveyed.

(c)

Deed required. Prior to recording the final plat, the developer shall deliver to the planning department the deed, in a form approved by the city attorney, conveying parkland shown on the final plat as approved by the planning and zoning commission. The parkland deeded to the city shall not be subject to reservations of record, encumbrances or easements that will interfere with the use of the land for park purposes. The deed delivered to the planning department shall be recorded in conjunction with the recordation of the final plat.

(a)

Approvals required. Upon affirmative recommendations from the parks director and approval from the planning and zoning commission, the city may accept parkland that is not part of an addition or subdivision in order to meet the parkland requirement.

(b)

Deed required. A deed shall be required in accordance with the provisions of Sec. 4-66(c).

(a)

When applicable. The city may, at its option, require a parkland fee for all or part of the required parkland conveyance under the following circumstances:

(1)

When less than three acres is required to be conveyed;

(2)

Where the proposed parkland does not meet the standards set forth in Sec. 4-65;

(3)

When a replat or amending plat is submitted subsequent to a rezoning to a higher density classification; or

(4)

When the development is a gated community.

(b)

Parkland fee for residential additions and subdivisions. Where applicable, the developer shall pay a parkland fee as adopted by city council.

(c)

Form tendered. The parkland fee shall be tendered in the form of a cashier's check or other form of payment acceptable by the city, payable to the City of Round Rock Parks Improvement and Acquisition Fund. The cashier's check or other form of payment acceptable by the city shall be submitted to the PDS director and shall accompany the request for plat recordation.

(d)

Refunds. No refund of a parkland fee received in lieu of parkland conveyance required by this article shall be made except as provided in Sec. 4-69.

(a)

Parkland fee. Parkland fees shall be deposited into the parks improvement and acquisition fund. The city shall account for all parkland fees with reference to the individual additions or subdivisions involved, and all sums received shall be spent or committed by the city within ten years from the recordation of the plat. For purposes of this article, parkland fees shall be considered committed when:

(1)

Under an earnest money agreement for the purchase of parkland;

(2)

For a park improvement project;

(3)

In a grant application; or

(4)

Encumbered fees are not expended because of delays by reason of strikes, court action or any similar impediment which renders it impossible or illegal to spend the money.

(b)

Use of parkland fees.

(1)

Parkland fees may be used for acquisition and/or development of public parkland or other recreational facilities. Where fees are received in lieu of parkland conveyance in additions or subdivisions, the parkland fees collected shall be expended on a neighborhood park within the park zone in which the addition or subdivision is located or the park zones surrounding it, for a total maximum area consisting of nine park zones. In the event that there is not a suitable neighborhood park location within the aforesaid park zones, then the parkland fees collected shall be expended on the closest community park.

(2)

If parkland fees are not spent or committed within the required ten-year time period commencing from the final acceptance of subdivision improvements, the record owner shall be entitled to a refund.

(c)

Accountability. The city shall maintain a record of parkland fees and expenditures, including:

(1)

The developer's name and address;

(2)

The date monies were received;

(3)

The total amount of parkland fees received;

(4)

The addition or subdivision generating the fees;

(5)

The addition, subdivision or park zone where monies are to be spent;

(6)

The expiration date for monies to be committed;

(7)

The balance after expenditures;

(8)

A statement of expenditures; and

(9)

The parkland description where monies are spent.

(a)

Provide water lines. The developer shall provide all water lines necessary to properly serve each lot of the subdivision or addition and ensure that existing and/or new water facilities can supply the required demand, including fire protection. The developer shall install all necessary on-site and off-site mains and shall extend service to all lots terminating with a meter stop and meter box. For the orderly extension of water lines as established in the water and wastewater master plan, the developer shall install water mains to the boundaries of his development for future connection by the development of the abutting land. Extension of service lines to multifamily and nonresidential lots may be postponed until development of the lot if a main is installed in the abutting right-of-way located on the same side of the street as the lot. The developer's engineer shall include a statement with the water system plans that the system meets the requirements of this section and complies with the rules and regulations established by the TCEQ.

(b)

Design and construction. All water systems shall be designed and constructed in accordance with the Design and Construction Standards and conform to the TCEQ design criteria in the Texas Administrative Code, as amended.

(c)

Hydrant flow tests.

(1)

The fire department shall provide hydrant flow tests to developers as requested.

(2)

Developers shall pay the fire department a fee as currently established or as hereafter adopted by resolution of the city council from time to time for each hydrant flow test requested.

(a)

Sewer service to each lot inside city limits; connection with wastewater system required.

(1)

Connection to the city's wastewater system shall be required except where the director of public works determines that such connection would require unreasonable expenditure of funds when compared with alternate methods of sewage disposal. Where alternative sewage disposal is permitted, the plans for such system must meet the requirements of the TCEQ and be approved by the county health department, prior to approval of the final plat by the planning and zoning commission.

(2)

The developer shall install all wastewater mains and lines necessary to serve each lot. The developer shall install necessary on-site and off-site wastewater mains and shall extend service to all lots, terminating each service with a cap. For the orderly extension of wastewater lines as established in the water and wastewater master plan, the developer shall install wastewater mains to the boundaries of his final plat for future connection by the development of the abutting land. For multifamily and nonresidential plats, services to the lots shall connect at manholes.

(b)

Sewer service to property in the city's extraterritorial jurisdiction; connection to approved wastewater system required. Connection to either the city's wastewater system or a TCEQ approved wastewater system shall be required. If the city's wastewater system is not utilized, the alternative sewage disposal system must meet the requirements of the TCEQ and be approved by the county health department prior to approval of the final plat by the PDS director.

(c)

Developer to submit certificate. The developer's engineer shall include a statement with the wastewater system plans that the wastewater system meets the requirements of this section and complies with the rules and regulations established by the TCEQ.

(d)

Design and construction criteria. All wastewater systems shall be designed and constructed in accordance with the Design and Construction Standards and conform to the TCEQ design criteria in the Texas Administrative Code, as amended. Privately maintained wastewater facilities located between the publicly maintained portion of the wastewater system and up to the point five (5) feet away from the building foundation shall follow all requirements of the Utilities Design and Construction Standards and shall not violate the International Plumbing Code, with local amendments.

(Ord. No. O-2024-168, § VI, 6-27-2024; Ord. No. O-2024-266, § XXX, 9-26-2024)

(a)

Size of mains. All water and wastewater mains shall be installed in accordance with the water and wastewater master plan maintained by the public works director. All water and wastewater mains shall be sized to provide necessary service to the tract to be developed. The cost of water mains up to eight inches, or of a size required to serve a tract being developed, whichever is larger, shall be paid in full by the developer.

(b)

Oversize mains. Where it is determined that on-site water and/or wastewater mains need to be of a larger size than is required to serve the tract to be developed, the city may require the developer to install such oversize mains. For water mains less than 16 inches the developer shall be reimbursed the incremental cost difference for oversizing from the oversize account described in subsection (c) of this section. For oversize water mains 16 inches or greater, the developer shall be reimbursed for the incremental cost difference required for oversizing from the oversize account approved for capital improvement projects, or through reimbursement contracts. For wastewater mains less than 15 inches, the developer shall be reimbursed the incremental cost difference for oversizing from the oversize account described in subsection (c) of this section. For oversize wastewater mains 15 inches or greater, the developer shall be reimbursed for the incremental cost difference required for oversizing from the oversize account approved for capital improvement projects, or through reimbursement contracts.

(c)

Oversize account. A special oversize account is hereby established for reimbursing developers for the cost of oversizing water and wastewater mains. The account shall be funded by water and wastewater oversize fees which are based on the number of service units to be added to the respective water and wastewater systems. The number of service units will be determined in accordance with Sec. 4-82(e).

(d)

Oversized fees assessed. The water and wastewater oversize fees will be assessed to all developers regardless of whether they are required to install an oversized line. For single-family, two-family, and single-lot townhouse plats the water and wastewater oversize fees shall be paid when the developer requests recordation of the plat. For all other uses including but not limited to common lot townhouse, multifamily and nonresidential plats, or when a plat is not required, the water and wastewater oversize fees shall be paid when an application for a building permit is submitted. Interest income earned from this account shall be added to the account.

(e)

Reimbursement. After acceptance of the public improvements by the PDS director, a developer shall present in writing to the PDS director, a request for oversize reimbursement. A request for reimbursement shall be made within five years from the date of recordation, building permit application submittal or effective date of the reimbursement contract, whichever is applicable. After review by the PDS director for completeness of the request, the request for reimbursements shall be presented to the city council for approval. The reimbursement for the cost of oversizing will be paid from available funds within 30 days after the city council approves the reimbursement amount. Developers shall be reimbursed in chronological order of the written request for reimbursement. In the event that sufficient funds are not available, interest will accrue at a rate established by the city council. If a developer is delinquent in the payment of fees and taxes to the city, the city council may deduct from the reimbursement the amount owed to the city.

(f)

Oversize credit. In the event that there are sufficient funds in the oversize account to meet approved reimbursement in accordance with subsection (d) of this section and to meet contractual obligations, a developer may be entitled to a credit against the water and wastewater oversize fees; provided, however, no credit will be granted to any developer who is delinquent in the payment to the city of any fees or taxes. Subject to the foregoing, a developer may reduce the amount of the water and wastewater oversize fees by an amount equal to the reimbursement, if any, to be issued upon the acceptance of the public improvements.

(g)

Fees, reimbursement rate and interest rate. Water and wastewater oversize fees shall be established by the city council. Fees shall be paid at recordation as provided for in Sec. 10-35. Periodically, the city council shall review and approve the water oversize fee, wastewater oversize fee, a fixed rate of reimbursement per inch of diameter per linear foot of oversize mains installed, and the rate of interest to be paid.

(Ord. No. O-2024-266, § XXX, 9-26-2024)

The authorized building official of the city shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. See also chapter 8, article X, division 12 flood damage prevention, and Sec. 4-88, subdivision and addition plats.

(a)

Conditions under which city services will be provided. The city shall furnish water, sewer and/or reuse water services to residential and commercial users located outside the city limits only upon the following conditions:

(1)

Adequate capacity exists. There is adequate capacity of city services available for the purpose of servicing residential and commercial users outside the city without impairing services within the city. Whether such adequate capacity exists shall be determined solely by the city council, and the determination of the city council shall be final.

(2)

Owners outside city limits to bear costs of lines and furnish easements. The construction costs of water, sewer and/or reuse water lines and appurtenances which serve residential and commercial users outside the city limits shall be paid for by the owner, developer, or political entity requesting the service. Such owner, developer, or political entity shall also furnish suitable construction and permanent easements and rights-of-way for utility lines.

(3)

Construction to conform to city standards. All design and construction shall be in accordance with city standards and specifications.

(4)

New subdivisions to comply with subdivision regulations. New subdivisions recorded after the date of passage of this section desiring city water, sewer and/or water reuse services shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the time such new subdivision is approved. Existing subdivisions whose plats were recorded with the County Clerk of Williamson County, Texas, at the time of the passage of the original Ord. No. 269 (January 8, 1976) can be furnished with water and sewer services without the necessity of having sanitary sewer collection and treatment facilities.

(5)

City to have right of review. The city shall have the right to review and approve all plats and plans and inspect and approve all water, sewer and/or reuse water construction within subdivisions where water, sewer, and/or reuse water service is to be provided.

(6)

Water and sewer facility requirements. Except as provided in subsection (4) of this section, all residential and commercial users shall have sanitary sewer collection and treatment facilities. Water will not be provided to residential and commercial users who utilize septic tanks save and except water can be provided to subdivisions whose plats were recorded with the County Clerk of Williamson County, Texas, at the time original Ord. No. 269 was adopted (January 8, 1976).

(7)

Water, sewer, and/or reuse water lines to meet ultimate requirements ofcity. Where water, sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall be sized to serve the ultimate requirements of the city.

(8)

Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse water lines and appurtenances extending from existing city facilities to any tract of land outside the city limits requesting water, sewer, and/or reuse water service shall be designed and inspected by the city's engineer. The owner, developer, or political entity requesting the service shall pay for these services in keeping with the current contract between the city and the engineer employed by the city.

(9)

City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse water lines required to meet the ultimate requirements for the city is larger than eight inches and the total capacity is not required to serve the tract of land to be developed, the city may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity who paid for the line construction shall be made only from those tap fees paid to the city by users of the facility paid for by the said owner, developer, or entity.

(10)

Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the required demand for use and the fire protection as specified by the engineering criteria approved by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five percent (5%) interest. The total cost shall include, but shall not be limited to, construction costs, engineering costs, and inspection costs.

(11)

Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or facilities which will later be acquired by a public entity may be owned, operated, and maintained by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk rate. The city shall own, operate, and maintain all other facilities.

(b)

Rates. The rates paid by residential and commercial users located outside the city limits for the use of the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32, 44-33, and 44-34 of the Code of Ordinances.

(a)

Meters required. All premises using the city potable water and/or reuse water supply must be equipped with adequate water meter(s) furnished by the city, but paid for by the customer.

(b)

Installation and maintenance.

(1)

Meters shall be installed in a location that will be easy to access.

(2)

The meter box shall be maintained by the customer to ensure that no obstacle will hinder or prevent adequate access to the meter for reading and servicing. Adequate access is a condition precedent to the receipt of utility services from the city and a requirement for continued service. The term "adequate access," for purposes of this section, shall be defined as the ability of an authorized city representative to get to a meter without visual aids, without the presence of the customer or without threat of bodily injury and must not be hindered by shrubs, trees, locked gates or any other obstruction. No authorized city representative shall be denied access to a meter.

(c)

Reading meters. The city shall read or cause to be read every water and reuse water meter used in the city at such times as are necessary that the bill may be sent out at the proper time. No person shall cause interference with reading a meter by building, installing or planting any obstacle that would prevent access to a meter temporarily or permanently. If an obstacle prevents the meter from being read, an additional trip fee as set forth in Sec. 44-30(b) shall be charged to the water and reuse water bill as a reread fee. Should an authorized city representative be unable to have adequate access more than three times, the city shall notify customer, in writing, of such obstruction and give customer ten days to provide adequate access. The city may, at its option, relocate the meter and charge customer for the actual costs of relocating the meter. Failure to comply within the ten-day period shall be grounds for termination of service and customer shall be charged the a water inspection and meter setting fee set forth in subsection (f) of this section.

(d)

Testing meters. Any customer requesting the municipal water and reuse water meter to be tested shall pay, as a fee, the actual cost of testing the meter by a third party licensed meter tester. The city will retain the fee if the meter is within three percent of being accurate. If the meter is not within three percent of being accurate, it shall be repaired or replaced and the fee returned to the customer or credited on the customer's account.

(e)

Right of entry. Any employee of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, meter reading and testing.

(f)

Water and reuse water service, inspection and meter setting fees.

(1)

Water and reuse water inspection and meter setting fee. Each applicant for a plumbing permit, whether for new construction or otherwise, shall at the time the permit is issued, pay a water inspection and meter setting fee of $100.00.

(2)

Fees for water service outside city limits. Applicants for water and reuse water service outside the city limits shall pay the same fees as set forth above. Applicants who are otherwise required by contract to obtain building permits shall pay the fees when a permit is issued. Other applicants shall pay the fees when water service is requested.

(g)

Sewer inspection fees.

(1)

Service connection. Each applicant for a plumbing permit, whether for new construction or otherwise, shall, at the time the permit is issued, pay a sewer inspection fee of $100.00 for each sewer service connection to the main line.

(2)

Sewer service outside city limits. Applicants for sewer service outside the city limits shall pay the same sewer inspection fee as set forth above. Applicants who are otherwise required by contract to obtain building permits shall pay the fees when a permit is issued. Other applicants shall pay the fee when water or wastewater service is requested.

(a)

General provisions.

(1)

Purpose. This section is intended to ensure the provision of adequate public facilities to serve new development in the city by requiring each development to pay its pro rata share of the costs of improvements necessitated by and attributable to such new development. Impact fees established by this section are additional and supplemental to, and not in substitution of any other requirements imposed by the city on the development of land or the issuance of building permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of the city's comprehensive plan, the capital improvement plan, the zoning ordinance, subdivision regulations and other city policies, resolutions and ordinances by which the city seeks to provide adequate public facilities in conjunction with the development of land.

(2)

Applicability. This section shall be applicable uniformly to new development that occurs within the water and wastewater service area. For new development that occurs within the boundaries of the city's wholesale customers or other political subdivisions, the applicability and terms for the assessment and collection of the impact fee shall be defined by agreement.

(3)

Authority. This section is adopted pursuant to V.T.C.A., Local Government Code ch. 395, the Constitution and laws of the state, and the city Charter. The provisions of this section shall not be construed to limit the power of the city to adopt an impact fee pursuant to any other source of local authority nor to limit the utilization of any other methods or powers otherwise available for accomplishing the purposes set forth herein.

(4)

Development approval. No application for new development shall be approved by the city without assessment of an impact fee pursuant to this section, and no water and wastewater tap shall be connected unless the impact fees assessed by this section have been paid.

(b)

Land use assumptions.

(1)

The updated land use assumptions contained within the April 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, dated April 2012, are hereby adopted and incorporated by reference and shall be kept of record in the office of the city secretary.

(2)

Said land use assumptions for the city shall be updated at least every five years utilizing the amendment procedure set forth in V.T.C.A., Local Government Code ch. 395.

(3)

Amendment to the land use assumptions shall incorporate projections of changes in land uses, densities, intensities and population for the service area over at least a ten-year period.

(c)

Water and wastewater impact fee service area.

(1)

The water and wastewater impact fee service area, the boundaries of which are depicted on the map contained within the April 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, is hereby adopted and incorporated by reference and shall be kept of record in the office of the city secretary.

(2)

The boundaries of the water and wastewater impact fee service area may be amended from time to time in accordance with the procedures set forth in V.T.C.A., Local Government Code ch. 395.

(d)

Impact fee capital improvements plan for water and wastewater facilities.

(1)

The impact fee capital improvements plan for water and wastewater facilities contained within the 2012 Update of the Water and Wastewater Impact Fees of the City of Round Rock, dated April 2012, is adopted and incorporated in this section by reference and shall be kept on record in the office of the city secretary.

(2)

The impact fee capital improvements plan for water and wastewater facilities may be amended from time to time pursuant to the procedures set forth in V.T.C.A., Local Government Code ch. 395.

(e)

Determination of service units.

(1)

Table for non-multifamily uses. The number of service units for non-multifamily uses for both water and wastewater service is determined by the size and type of the water meter purchased for the property in accordance with the following table. The number of service units associated with the use of compound meters is determined by the size of the largest meter installed:

(2)

Table for multifamily uses. The number of service units for multifamily uses for both water and wastewater service is determined in accordance with the following table:

(3)

Calculation. Service units shall be calculated based upon the size of the water meter for non-multifamily uses, or the type of multifamily use, as set out above.

(4)

No water meter. Upon application for a building permit for lots for which no water meter has been purchased, wastewater service units shall be determined by a professional engineer licensed in the state, subject to the approval of the director.

(5)

Nonstandard meter. No adjustment in service units shall be made for water use or fire demand that falls between standard meter sizes or combinations.

(6)

Revision of service units designation. The city may revise the service units designation in accordance with the procedures set forth in V.T.C.A., Local Government Code ch. 395.

(f)

Impact fees per service unit.

(1)

Maximum allowable fee. The maximum impact fee per service unit shall be computed by dividing the cost of water and wastewater capital improvements and facilities expansions necessitated by and attributable to new development identified in the impact fee capital improvements plan for each category of capital improvements by the total number of projected service units in the impact fee service area based upon the land use assumptions, and then may be adjusted to reflect a credit, as appropriate, for other non-fee methods of capital payments referenced in V.T.C.A., Local Government Code § 395.014(7). Maximum impact fees per service unit shall be established for each category of capital improvements and are on record in the office of the city secretary, and incorporated in this section by reference.

(2)

Beginning on January 1, 2024, the city shall assess and collect per service unit to be served by the city's water system a water impact fee of $4,912.00.

(3)

Beginning on January 1, 2024, the city shall assess and collect per service unit to be served by the city's wastewater system a wastewater impact fee of $2,921.00.

(g)

Assessment of impact fees

(1)

The city shall assess the impact fees per service unit in effect at the time of plat recordation of a subdivision plat or other plat under V.T.C.A., Local Government Code ch, 212, subch. A, or the city's subdivision ordinance.

(2)

Except as provided in V.T.C.A., Local Government Code § 395.019, the city shall collect the fees as follows:

a.

At the time the political subdivision issues a building permit; or

b.

For land platted outside the corporate boundaries of the city, the city shall collect the impact fees at the time an application for an individual meter connection to the city's water or wastewater system is filed.

(3)

For land on which new development occurs or is proposed to occur without platting, the city may assess the impact fees at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the city's water or wastewater system or at the time the city issues either the building permit or the certificate of occupancy.

(4)

Following assessment of the impact fee hereunder, the amount of the impact fee per service unit may not be increased above the assessed fee unless the owner obtains final approval for replatting in which case a new assessment shall occur at the assessed water and wastewater impact fee per service unit in effect at the time of such replatting.

(5)

An application for an amended plat made pursuant to V.T.C.A., Local Government Code § 212.016 or the city's subdivision rules is not subject to a reassessment of the impact fee.

(h)

Calculation of impact fees.

(1)

The water and wastewater impact fees shall be based on the number of service units required for non-multifamily uses or the size of the water meter determined by the director to be necessary to serve multifamily uses and the number of service units associated with that size of water meter. If the city allows a development to connect to the wastewater system without connecting to the water system, the director shall determine the number of service units that would be required if the development did connect to the water system. The number of service units associated with the various sizes of water meters or multifamily types are set forth herein in subsection (e) above.

(2)

A property owner may submit, or the director may require the submission of a study, prepared by a professional engineer, licensed in the state, clearly indicating the number of water and/or wastewater service units which will be consumed or generated by the new development. The director will review the information for completeness and conformity with generally accepted engineering practices and may, when satisfied with the completeness and conformity of the study, modify the total number of service units required for the new development.

(3)

Total service units and any fraction thereof shall be multiplied by the impact fee per service unit for water or wastewater service as set forth in subsection (f) of this section.

(4)

All applicable offsets, credits or discounts per service unit allowable under this section for water or wastewater service shall be subtracted from the product derived under subsection (h)(3) of this section.

(5)

The amount of impact fees due for new development shall not exceed the amount computed by multiplying the assessed fee for water or wastewater service by the total number of service units generated by the development.

(6)

Whenever the property owner increases the number of service units for a development, the additional impact fees collected for such new service units shall be determined based on the assessed fee and applicable offsets, credits and discounts then in effect and such additional fee shall be collected at the time the additional meters are purchased.

(7)

For the purpose of determining water impact fees attributable to the addition of a separate irrigation meter, the water impact fee shall be based on the size of the irrigation meter shown in the table in Sec. 44-32 of the Code of Ordinances. No wastewater impact fee shall be charged for an irrigation meter.

(8)

In determining the number of service units for wastewater impact fees, no service units will be attributed to irrigation meters.

(9)

Payment of an impact fee in accordance with the terms and conditions of this section shall entitle the payor to receive a credit for same to be used in the event the tap for the property for which the fee is paid expires and must be repurchased; provided, however, that the impact fee is not refundable upon expiration of the tap.

(10)

If the tap or building permit for the property on which an impact fee is paid has expired and a new application is thereafter filed for the identical property and the same number of service units, the impact fee previously paid satisfies the requirements of this section.

(11)

The impact fee shall attach to the property for which the impact fee was paid and shall not be transferable to other properties or service units.

(12)

No request to connect to the water and wastewater system shall be granted and no building permit shall be issued if the applicant cannot verify payment of the appropriate impact fee and other applicable fees or if existing facilities do not have actual capacity to provide service to the new connection.

(i)

Credits. If the city requires, as a condition of development approval, or otherwise enters into an agreement with a developer, to have the developer construct, fund or otherwise contribute toward the cost of a capital improvement or facility expansion included in the adopted water or wastewater capital improvements plan, the city shall provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development. Such credits shall run with the land and shall be used to reduce the amount of the impact fee that would otherwise be owed at the time of collection of impact fees. If the amount of such credits would be insufficient to reimburse the developer for the cost of required improvements, the city shall provide for reimbursement to the developer up to the balance of the cost of the required improvements from water or wastewater impact fees collected from other new development within the same service area. In determining the amount of such credits, the developer shall submit evidence of the actual, fair-market cost of the required improvement. Such credits shall only be applicable against the impact fees for the type of facility (water or wastewater) for which the capital improvement is made.

(j)

Exceptions and exemptions.

(1)

Limitation on modification. Except as provided in this section or by contract in existence on the effective date of the ordinance codified in this section, any reduction, change or modification in the amount or time of payment of the impact fee must be approved by a duly enacted ordinance of the city council.

(2)

Fire protection capacity. No fee shall be collected for the purchase of a tap that is utilized to provide only fire protection capacity.

(3)

Nothing hereinabove stated shall be construed to alter the terms of a contract with a wholesale customer of the city regarding the payment of impact fees and shall not be construed to authorize the payment of impact fees in installments in areas encompassed by such a contract for wholesale service.

(4)

Exchange. A tap may be exchanged before any water or wastewater service has been received for another tap without collection of the impact fees established in this section if the exchange will result in an equivalent or lesser number of service units to be utilized on the property for which the tap was originally purchased. The number of service units to be exchanged shall be determined in accordance with subsection (e) of this section and shall not be based on the number of units at the time of initial purchase.

(5)

Waiver. By majority vote of the city council, a resolution or ordinance may be adopted waiving or reducing the impact fees for a certain class of development, or for a specific development if there is a finding that the proposed waiver or reduction would result in substantial economic benefit to the city. All water and wastewater impact fees for public school buildings were waived pursuant to Ord. No. G-95-03-23-9A, adopted 3-23-1995.

(k)

Accounting for fees and interest.

(1)

All water and wastewater impact fees collected by the city shall be deposited in interest bearing accounts clearly identifying the category of capital improvements for which the fees were collected.

(2)

Interest earned by each account shall be credited to the account on which it is earned and shall be used solely for the purposes specified for impact fees as authorized herein below.

(3)

The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in this section. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this section; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.

(4)

The city shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues, which shall account for all moneys received, the number of service units for which the moneys are received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the impact fee capital improvements plan as system-related capital projects. The city shall also maintain such records as are necessary to ensure that refunds are appropriately made in accordance with this section.

(l)

Use of proceeds of impact fee account.

(1)

Water and wastewater impact fees shall only be used to pay the costs of constructing water and wastewater capital improvements or facility expansions, including and limited to the following:

a.

Construction contract price;

b.

Subject to the provisions of V.T.C.A., Local Government Code § 395.012(b), interest charges, including projected interest charges, or other finance costs;

c.

Surveying and engineering fees;

d.

Land acquisition costs, including land purchases, court awards and costs, attorney's fees and expert witness fees; and

e.

Fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city.

(2)

Impact fees collected pursuant to this section shall not be used to pay for any of the items set forth in V.T.C.A., Local Government Code § 395.013.

(m)

Refunds. All or any portion of a water or wastewater impact fee payment that has been collected by the city and has not been spent as authorized by this section within ten years from the date such impact fee was collected shall be refunded pursuant to the provisions set forth in V.T.C.A., Local Government Code § 395.025.

(n)

Updates to plan and revisions of fees. The city shall review the land use assumptions and impact fee capital improvements plan for water and wastewater facilities at least every five years, with the five-year period to commence from the date of adoption of the impact fee capital improvements plan referenced in this section. The city council shall accordingly make a determination of whether changes to the land use assumptions, impact fee capital improvements plan or impact fees are needed and shall, in accordance with the procedures set forth in V.T.C.A., Local Government Code ch. 395, or any successor statute, either update the fees or make a determination that no update is necessary.

(Ord. No. O-2019-0201, § I, 5-9-2019; Ord. No. O-2021-001, § I, 1-14-2021; Ord. No. O-2023-394, § I, 12-7-2023)

Fee required. Each request or petition to the city for its written consent for the creation of a municipal utility district shall be accompanied by a fee of $5,000.00 which shall be paid to the city to defray the expense of reviewing and responding to said request or petition.

(a)

Stormwater drainage improvements shall be provided for the subdivision or addition. Stormwater impacts resulting from new development must not adversely affect any properties, including those abutting, downstream, and in upstream areas. Stormwater drainage facilities shall be designed by an engineer licensed to practice in Texas and in compliance and in accordance with this chapter, the Design and Construction Standards, and generally recognized and accepted engineering practices. Privately maintained stormwater drainage facilities including channels and swales located outside a public easement shall follow all requirements of the Drainage Design and Construction Standards, with exceptions for the following components: pipe material, pipe size, junction structures, inlets, roof drains, and minimum depth requirements. Variations to the aforementioned components shall not violate the International Plumbing Code, with local amendments, and must be approved by the zoning administrator. Variations are not permitted for any residential use.

(b)

The ultimate 4% and ultimate 1% annual chance floodplains shall be determined for watercourses draining 50 or more acres. Calculations for floodplains shall utilize generally recognized backwater computational methods and actual field channel and overbank configuration.

(c)

At a minimum, all stormwater drainage facilities shall be engineer-designed to intercept and transport the projected runoff from a 4% annual chance event. In addition, those flows greater than a 4% annual chance event up to and including a 1% annual chance event shall be contained within private streets, public streets, drainage easements, or a combination thereof.

(d)

All stormwater drainage facilities shall be designed to prevent the erosion of existing and proposed on-site and off-site facilities.

(e)

Projected runoff rates for the design and analysis of stormwater drainage facilities shall be based on the expected ultimate developed state of the upstream contributing area and shall apply to any and all references to floodplain, flows, design frequencies or any other hydrologic and hydraulic reference found in this chapter.

(f)

The requirements provided in this chapter shall not relieve the owner of responsibility under state law to adjacent, upstream, and downstream property owners.

(a)

On-site detention facilities. Except as stated herein, all development establishing impervious cover or otherwise modifying an existing site shall incorporate on-site drainage facilities to prevent any increase in the peak rate of runoff from storm events having a 50%, 10%, 4%, 2%, and 1% chance of occurring each year. The PDS director may modify this requirement under either of the following circumstances:

(1)

An approved off-site storage is provided by the developer for the required regulation of peak flows; or

(2)

Sealed engineering data and calculations are presented which fully describe, explain, and justify recommended alternatives.

(b)

Regional stormwater management program.

(1)

Participation. In lieu of required on-site or off-site detention facilities, a developer may request to participate in the regional stormwater management program. The PDS director may accept a tract of land in the regional stormwater management program if the proposed development, including any off-site improvements will not result in additional identifiable adverse flooding of other property. A comprehensive engineering report providing engineering data and calculations which fully describe and justify participation in the program shall accompany all participation requests.

(2)

Regional stormwater management program fees.

a.

The fees are as follows:

1.

Adjustment of these fees may be allowed by the PDS director, in consultation with the public works director, if it is determined that certain impervious coverage restrictions, (e.g., special watershed ordinances), reduce the actual land use. However, the minimum fee shall not be less than $800.00/acre.

2.

Upon approval of participation, the full fee will be due prior to approval of construction plans for single-family projects and upon building permit approval for multifamily, commercial, and industrial projects.

(Ord. No. O-2024-266, § XXXI, 9-26-2024)

(a)

Sealed engineered plans for proposed drainage facilities shall be submitted to the PDS director for acceptance prior to construction.

(b)

Computations for all drainage related design shall be submitted with the application for either a site development permit or subdivision improvement permit. Data submitted shall include a drainage area map, a summary of methodology employed and resulting data, land use and runoff coefficient assumptions and other pertinent hydrologic and hydraulic data. Additional data may be required by the city engineer.

(c)

Certification shall be submitted by an engineer licensed in the State of Texas that the plans and computations are in compliance with the requirements of this chapter.

(d)

Following construction, but prior to acceptance of improvements by the city, the design engineer shall furnish certification that based upon his or her periodic inspection of the work all improvements, including those covered by this section, have been constructed in compliance with the city's requirements.

(a)

Preliminary and final plats for additions or subdivisions shall show the limits of the ultimate 1% annual chance floodplain for all waterways draining 50 or more acres by hatch marking said floodplain on the plat. In addition, all preliminary and final plats shall show the limits of zones A and AE as depicted on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), if such zones fall within the boundaries of the plat.

(b)

The final plat of any proposed addition or subdivision showing the limits of the ultimate 1% annual chance floodplain shall contain the following plat note:

"No fences, structures, storage or fill shall be placed within the limits of the ultimate 1% annual chance floodplain unless approved in accordance with city ordinances."

(c)

The final plat of any proposed addition or subdivision containing any property within SF-R, SF-1, SF-2, SF-3, SF-D, TF or TH zoning districts, or single-family condominiums or detached townhomes contained within a Planned Unit Development, shall provide public right-of-way, drainage easements or separate lots dedicated for such purposes, as approved by the city, to cover at a minimum the ultimate 1% annual chance floodplain areas, drainage channels, pipe systems, and any other related drainage facilities. All other final plats shall provide drainage easements or separate lots dedicated for such purposes, as approved by the city, to cover at a minimum the ultimate 4% annual chance floodplain areas, drainage channels, pipe systems and any other related drainage facilities.

(d)

If any lot is adjacent to the ultimate 1% annual chance floodplain, the final plat shall establish minimum finished floor elevations (MFFE) for all such lots at two feet above the ultimate 1% annual chance floodplain elevation.

(1)

For single-lot plats containing multiple foundations, a separate exhibit shall be provided prior to recordation indicating the MFFE for each proposed slab adjacent to the ultimate 1% annual chance floodplain.

(e)

The final plat shall contain a statement by an engineer certifying the easements, slab elevations and any other drainage related notes are in compliance with this chapter.

(f)

No portion of any land located in the ultimate 1% annual chance floodplain shall be counted toward the minimum lot area requirement.

(g)

For final plats that have been approved by the Planning and Zoning Commission (P&Z) prior to October 1, 2020, re-delineation of floodplain limits and MFFE on the approved final plat, due to adoption of Atlas 14 rainfall data, shall not be required as long as the final plat does not expire prior to recordation with the county. Approval of a preliminary plat shall not vest floodplain or MFFE delineation for a subsequent final plat application.

(Ord. No. O-2020-0269, § I, 10-8-2020; Ord. No. O-2024-168, § VII, 6-27-2024)

(a)

No channel modifications shall be undertaken within the area of the ultimate 1% annual chance floodplain without permission of the city engineer. Such permission shall be based upon certified engineering data and calculations furnished by the proposing permittee.

(b)

All constructed or modified earthen channels shall be designed utilizing a side slope of 3:1, or flatter, to allow for future maintenance and promote adequate slope stability.

(a)

All street sections shall be in accordance with city standards with an allowable design drainage capacity for gutter flow no deeper than the top of the curb.

(b)

Depth of flow in streets is to be controlled to allowable levels by modification of crossfall, gradient changes, or the use of curb inlets and storm sewers.

(c)

Curb inlets shall be spaced as required to control flow in streets to allowable levels and placed to minimize interference of runoff to traffic flow, particularly at intersections.

(d)

All storm sewer pipe shall be reinforced concrete, minimum size 18 inches diameter, and installed in compliance with the city's standard specifications for public works construction for the city.

(a)

All bridge or culvert structures shall be designed to carry and/or store the upstream runoff from a 4% annual chance event.

(b)

Runoff from the 1% annual chance event may overtop the road surface at bridge or culvert crossings a maximum of six (6) inches for a major or collector street crossing, and a maximum of 12 inches on a minor or residential street crossing.

(a)

Plans submitted for building permits other than single-family residential or duplex construction shall include the necessary drainage related facilities designed and provided for in compliance with this chapter and the drainage criteria manual.

(b)

Plans and design calculations for all drainage facilities shall be submitted to the PDS director for review and approval prior to issuance of the building permit.

(c)

The design engineer shall certify that the plans and calculations for all drainage facilities are in compliance with the ordinances of the city.

(d)

Following construction, but prior to issuance of a certificate of occupancy, the design engineer shall certify that the public works improvements, including those covered by this section, have been constructed in compliance with the city's requirements based on his/her inspection of the completed work.

(a)

Submittal. Applications for subdivision improvement construction permits shall be submitted for review and acceptance by the PDS director for all development for which public improvements are required.

(b)

Developer must retain engineer. The developer must retain the services of a civil engineer, registered in the state, whose seal shall be placed on the subdivision improvement construction plans in accordance with the Texas Engineering Practice Act. The engineer shall be responsible for the services as described in the Design and Construction Standards. The services performed by the engineer shall be as designated in the latest edition of the Manual of Professional Practice—General Engineering Services, published by the Texas Society of Professional Engineers, and shall include both design and inspection as defined therein.

(c)

Submittal content. Except as provided herein, after preliminary plat approval, an application for a subdivision improvement construction permit may be submitted to the PDS director for approval. The application for the subdivision improvement construction permit shall include all of the information specified in the development packet.

(d)

State review. All subdivision improvement construction plans must comply with the Texas Accessibility Standards administered by the Texas Department of Licensing and Regulation and the Americans with Disabilities Act of 1990, as amended. The developer shall submit applicable portions of the subdivision improvement construction plans to the Texas Department of Licensing and Regulation for review. Upon the completion of construction, the developer shall request inspection of all pedestrian facilities by the Texas Department of Licensing and Regulation and pay all necessary fees. The city will not accept the public improvements until the developer provides evidence that the plans have been reviewed and approved by the Texas Department of Licensing and Regulation and that payment of the required inspection fees has been made.

(e)

Expiration of subdivision improvement construction permits. The subdivision improvement construction permit will expire two years from the date of approval by the PDS director if construction has not commenced. Even after construction has commenced, the subdivision improvement construction permit will expire three years from the date of issuance. If a subdivision improvement construction permit expires, the application shall be resubmitted for review and acceptance to ensure compliance with the current Design and Construction Standards.

(f)

Preconstruction conference. After the issuance of the subdivision improvement permit, a preconstruction conference shall be required prior to commencement of construction of the public improvements. The preconstruction conference shall be held with the PDS director and include the following people: Developer, developer's contractor, developer's engineer and other parties as determined by the PDS director.

(Ord. No. O-2019-0462, § I, 11-26-2019)

(a)

Requirement. All public improvements required by these regulations shall be installed and constructed by the developer, or his successors in title, within three years from the issuance of the subdivision improvement permit. All improvements shall conform with the provisions of this chapter and the permitted plans.

(b)

Failure to complete improvement. Where public improvements are not completely constructed and accepted within the three years, the city may do the following:

(1)

Where an additional fiscal security was required by Section 4-98, obtain the funds under the security to complete the public improvements using a third party selected by the city; and/or

(2)

Exercise any other rights available under the law.

(c)

Sidewalk construction.

(1)

Sidewalks for single-family, two-family, and single-lot townhouse lots. Except as provided in subsection 6-26(c), a developer shall install sidewalks on the rear of double frontage lots, on the side of a corner lot and where shown on the subdivision improvement construction plans.

(2)

Sidewalks for common-lot townhouse, multifamily and nonresidential lots. A developer shall install sidewalks for common-lot townhouse, multifamily and nonresidential lots that abut a street and where shown on the subdivision improvement construction plans. A subdivision shall not be accepted until the sidewalk has been constructed in accordance with the regulations of this chapter and has been inspected and approved by the PDS director.

(3)

Deferment of sidewalk construction. Sidewalks shall be installed in accordance with subsections (c)(1) and (2) of this section, except under the following circumstances, as determined by the public works director:

a.

Where the existing cross section of the street makes immediate construction of a sidewalk impractical;

b.

Where a nonresidential subdivision abutting an existing street is isolated from any other sidewalk by a distance of twice the frontage of the subdivision; or

c.

Where construction or reconstruction of the street where a sidewalk is to be placed is imminent and the sidewalk would be destroyed if constructed.

d.

Where construction of a single-family home within a residential subdivision would potentially damage or destroy a sidewalk immediately adjacent to the lot, the sidewalk shall be constructed prior to issuance of a certificate of occupancy for each individual residence.

The city may require a cash payment by the developer in lieu of construction of the sidewalk if the public works director determines that the sidewalk should not be built within the three-year period of the construction plans. The cash payment shall equal the city's estimate of the cost of constructing and installing the sidewalk and associated features, such as but not limited to appurtenances and drainage features, at the time of permit issuance of the public improvements. The developer shall pay the cash payment prior to the issuance of the public improvements permit.

(4)

State review. All sidewalks must comply with the Texas Accessibility Standards administered by the Texas Department of Licensing and Regulation and with the Americans with Disabilities Act of 1990, as amended, whichever is more restrictive. The developer shall submit its sidewalk plans to the Texas Department of Licensing and Regulation for review and upon completion of the construction, for inspection. The city will not accept the public improvements until the developer provides documentation that the sidewalk plans have been reviewed and approved by the Texas Department of Licensing and Regulation. The developer is responsible for all fees associated with the state plan review and inspection and must submit to the city evidence of the payment of all required inspection fees.

(d)

Benchmarks.

(1)

Designation. A permanent benchmark shall be designated with each addition or subdivision. Benchmarks shall be located on public property in a location acceptable to the PDS director. Benchmarks are considered public improvements and shall consist of a brass disk, furnished by the city, set in a concrete structure of such mass and dimensions and constructed on an unyielding foundation that, in the opinion of the PDS director, will ensure the integrity of the benchmark.

(2)

Installation. Prior to acceptance of the public improvements, benchmarks shall be installed by the developer. The elevation, horizontal datum and description of each benchmark installed shall be certified by a surveyor and submitted to the PDS director on a form provided by the city and contained in the development packet. In the event that public improvements are not required, benchmarks shall nevertheless be installed by the developer and the certified elevation and description provided to the PDS director prior to plat recordation.

(3)

Modification. The PDS director may modify the benchmark requirement if he/she determines one of the following:

a.

The requirement would create needless redundancy of benchmarking because an established public benchmark exists in the immediate vicinity, is readily accessible, and will not be removed or made inaccessible by construction associated with the addition or subdivision;

b.

The requirement creates undue hardship on the developer;

c.

The city's supply of brass disks is exhausted or there is no feasible opportunity to install a brass disk in a suitable structure. In this case, the PDS director may approve a permanent benchmark established in conformance with generally accepted surveying and engineering practices; or

d.

Lack of development within the subdivision or addition.

(Ord. No. O-2024-266, § XXXII, 9-26-2024)

The developer shall construct or provide all applicable public improvements required by this chapter. All improvements which the developer is required to make shall be made by the developer at his expense without reimbursement by the city, except as otherwise provided in this chapter. The city may contract with a developer to construct public improvements relating to the development in accordance with V.T.C.A., Local Government Code ch. 212, subch. C; V.T.C.A., Local Government Code § 212.071 et seq.

(a)

Prior to the submittal of the plat recordation package, an applicant must post fiscal security for the public infrastructure included in the subdivision improvement permit issued by the PDS director.

(1)

Amount. The amount of fiscal security posted by the applicant shall equal the estimated cost plus ten percent (10%) for one (1) year for all public improvements that have not been constructed and received a passing inspection. The applicant's engineer must provide the PDS director with a sealed and certified opinion of the probable cost for approval.

(2)

Types. An applicant may post as fiscal security:

a.

A performance bond; or

b.

A letter of credit, with language approved by the city attorney, as provided in the development packet, and only at the discretion of the PDS director.

(3)

Return of fiscal security. The city shall return the fiscal security to the applicant when a final acceptance letter of the subdivision improvement permit has been issued. If requested by the applicant, the amount of fiscal security will be reduced as items are constructed and pass inspection.

(4)

Expenditure of fiscal security. The city may draw on the fiscal security and pay the cost of completing the public improvements if it determines that the applicant has breached the obligations secured by the fiscal security, or the three-year time period for the installation and construction of the required public improvements has expired. The city shall refund the balance of the fiscal security, if any, to the applicant. The applicant shall be liable for the cost that exceeds the amount of fiscal security, if any.

(a)

Entry and inspection.

(1)

The PDS director and other city employees shall have the right to enter upon the construction site for the purpose of conducting inspections. The PDS director shall conduct inspections of the public improvements during construction to ensure general conformity with plans and specifications as accepted. If the PDS director finds upon inspection that any of the public improvements have not been constructed in accordance with this chapter and the Design and Construction Standards, then the developer shall be responsible for making the necessary changes to insure compliance.

(2)

Upon completion of the public improvements, the developer shall arrange with the PDS director for a final inspection to determine that the public improvements have been installed and in conformity with the accepted subdivision improvement construction plans. The developer shall pay all necessary inspection fees prior to the acceptance of the public improvements by the city.

(b)

Substantial completion. If the developer wishes to start construction of homes before a Certificate of acceptance is issued by the PDS director, the developer must request a Certificate of Substantial Completion. The PDS director may issue a Certificate of Substantial Completion if he/she determines that the public improvements are substantially complete so that it is safe to issue permits for initial homes pursuant to Sec. 8-109.

(c)

Acceptance of improvements.

(1)

Request acceptance of public improvements. Upon completion of the construction of the public improvements, the developer shall request that the PDS director accept the improvements for maintenance. Concurrent with the request for acceptance of the public improvements for maintenance, the developer shall submit all information required for acceptance of improvements specified in the development packet.

(2)

Certificate of Acceptance. Upon satisfactory completion of the public improvements and receipt of the information and items requested for the acceptance, the PDS director shall issue a Certificate of Acceptance for the public improvements and shall forward a copy of the Certificate of Acceptance to the developer.

The developer shall be responsible for the maintenance and repair of all public improvements for one year after acceptance of said public improvements by the city. Prior to issuance of the letter of acceptance by the PDS director pursuant to Section 4-99, a maintenance guarantee, in favor of the city, shall be provided by the general contractor by means of a warranty bond in the duration and amounts specified in Sec. 4-98, subject to the approval of the city, in the form specified in the development packet. The general contractor shall provide a two (2) year guarantee for 25% of street improvements and a one (1) year guarantee for 10% for all other improvements, in favor of the city by means of a warranty bond, subject to the approval of the city, in the form specified in the development packet.