The purpose of this chapter is to:

1.

Promote and develop the utilization of land in a manner to ensure the best possible community environment in accordance with the comprehensive plan and policies of the city;

2.

Ensure an adequate and efficient street system by regulating the location, design, class, and type of streets, sidewalks, and other transportation corridors;

3.

Secure adequate provisions for water supply, electric service, drainage, sewers, and other facilities and services for the health and safety of the residents of Rowlett;

4.

Ensure the highest quality built environment; and

5.

Ensure adequate provision of open areas.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Chapter provisions authorized. Unless exempted by subchapter 77-602B., provisions of this chapter shall be applicable to all subdivision and re-subdivision of land within the City of Rowlett and its extraterritorial jurisdiction, as authorized by the Texas Local Government Code, Chapters 42, 43, and 212, as amended.

B.

Exemptions. The standards of this chapter shall not apply to any of the following activity unless such activity involves an extension of municipal utilities that includes storm water facilities; there is proposed activity on the property that requires a building permit for new construction or substantial remodeling as determined by the director of planning or as required or excepted under this Code; or where there is proposed access from a public street designated as a collector street or higher on the master thoroughfare plan as amended:

1.

Creation or realignment of an easement; and

2.

Adjustment of the boundary line or the transfer of land between two adjacent property owners that does not result in the creation of any additional parcels;

C.

Minor subdivisions. A subdivision that involves the creation of four or fewer lots shall be classified as a "minor subdivision."

1.

When a minor subdivision involves no dedication for streets, easements, or other public uses, it may be approved by the director of planning and director of public works subject to the procedures set forth in subchapter 77-806F., Minor subdivisions, of this Code.

2.

When a minor subdivision involves a street, easement, or other public dedication, the requirement for a preliminary plat may be waived with the approval of the director of planning and director of public works; however, all review and submittal requirements for a final plat shall be satisfied. In the event that the preliminary plat requirement is waived for a minor subdivision, the final plat shall be referred to the city council for the sole purpose of acceptance by the council of the public dedication, and the director of planning shall be responsible for review and approval of all other elements of the final plat subject to the procedures set forth in subchapter 77-805 of this Code.

D.

Limitation on conditions.

1.

In approving subdivisions, the director of planning shall be authorized to impose such conditions upon the premises as may be necessary to carry out the general purpose and intent of the Land Development Code. Any conditions imposed on a development approval shall be based upon adopted standards that are: (a) contained in this Code, adopted plan or other document adopted by the city, and (b) sufficiently specific to ensure that the condition is imposed in a consistent and rational manner. Under no circumstance shall these provisions be interpreted to waive any responsibility to the public in the enforcement of provisions contained herein, where such conditions are necessary to protect public health, safety, and general welfare.

2.

Any condition imposed on a development approval that would require the applicant to dedicate real property to the public or to pay money to the public in an amount that is determined on an individual and discretionary basis shall only be imposed if: (a) there is an essential nexus between the dedication or payment and a legitimate local government interest; and (b) the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

General design standards are minimum standards. The design standards in this section are minimum standards. The city may impose more restrictive standards when it finds they are necessary to conform to the design of a proposed subdivision addressing sound engineering or design standards or other standards in this Code.

B.

Layout and design generally. No subdivision shall be approved unless it complies with all of the following standards:

1.

Compliance with other provisions of this title. All subdivisions shall comply with all other applicable zoning, design, and development regulations set forth in this title, including but not limited to:

(a)

The requirements of the zoning district in which the property is located (see Chapter 77-200);

(b)

The requirements relevant to specific uses (see Chapter 77-300); and

(c)

Generally applicable development and design standards (see Chapter 77-500).

C.

Streets. All streets shall comply with the requirements of Chapter 77-505, Transportation and connectivity, and in addition shall comply with the following standards:

1.

Compliance with thoroughfare plan.

(a)

The arrangement, character, extent, width, grade, and general location of all streets shall meet requirements of the city thoroughfare plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Reserve strips of land controlling access to or egress from other property, or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes that will not be taxable or assessable for special improvements, shall not be permitted in any subdivision.

(b)

When such a street is not on the thoroughfare plan, the arrangement of streets in subdivisions shall either:

(1)

Provide for the continuation or appropriate protection of existing streets in surrounding areas; or

(2)

Conform to a plan for the neighborhood approved or adopted by the commission to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impracticable.

2.

Compliance with city specifications required. All new streets dedicated within a subdivision shall be constructed in accordance with the standard details and construction specifications of the city at the time at which the final plat is approved.

3.

Street intersections. Unless otherwise approved by the city, major thoroughfare intersections shall be at 90-degree angles. Other street intersections shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect at less than 70 degrees.

4.

Street right-of-way widths. Street right-of-way widths within the proposed subdivision, or boundary streets impacted by the proposed subdivision, shall be as shown on the thoroughfare plan. Those not so indicated on the Thoroughfare Plan shall be as follows:

(a)

Minor streets in apartment, commercial or manufacturing areas: 60 feet. Minor streets in rural and estate subdivisions: minimum 60 feet, greater if required for drainage.

(b)

Residential minor streets: 60 feet. A residential minor street shall be connected to a secondary thoroughfare (type B+).

(c)

Local residential street: A local residential street may be considered and permitted by the Commission, but only after an affirmative recommendation from the department of public works.

(d)

Right-of-way widths for approaches of major and secondary thoroughfares shall provide for the following minimum:

i.

Half the median width.

ii.

Two ten-foot left-turn lanes.

iii.

Continuation of the through lanes.

iv.

One ten-foot free right-turn lane.

5.

Half streets. Half streets shall be prohibited, except when essential to the reasonable development of the subdivision, conforming with other requirements of this Code, where the city has determined through a traffic study that it is practical to require the dedication of one half of the street when the property adjoining the street is subdivided. Whenever a partial street exists along a common property line, the other portion of the street shall be dedicated upon a finding through a traffic study that traffic generated by the proposed development warrants such dedication. Half streets shall only be considered on four-lane (or wider) divided roadways. Four-lane half streets without a median shall not be accepted. Where part of a street is being dedicated along a common property line, the ultimate planned width shall be as shown on the thoroughfare plan. Dedication and construction will include one-half of the ultimate planned right-of-way, pavement, and the entire median width.

6.

Culs-de-sac.

(a)

Local residential streets. Unless otherwise approved by the planning and zoning commission, a cul-de-sac on a local residential street shall not be longer than 600 feet and at the closed end shall have a turnaround provided for, having a right-of-way radius of at least 50 feet and a right-of-way diameter of at least 100 feet. The cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac turnaround.

(b)

Local commercial streets. Unless otherwise approved by the planning and zoning commission, a cul-de-sac on a local commercial street shall not be longer than 900 feet and at the closed end shall have a turnaround provided for, having a right-of-way radius of at least 100 feet and a right-of-way diameter of at least 200 feet. The cul-de-sac shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac turnaround.

7.

Driveways. Driveways shall comply with the standards in Chapter 77-505E., Access management and driveway standards.

8.

Intersection off-sets. The number of minor or local street off-sets shall be minimized, and shall be approved by the city engineer. When approved, the off-set shall not be less than 150 feet on centerlines. No off-sets shall be permitted at the intersection of collector or arterial streets.

9.

Street names.

(a)

New streets that are an extension of existing streets shall bear the names of the existing streets they are extending and shall be dedicated at equal or greater widths than the existing streets unless otherwise indicated on the Thoroughfare Plan. No new street names shall be used that will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the director of planning and fire marshal.

(b)

Street names shall be approved consistent with nationally recognized standards and the public health, safety and welfare.

(c)

A master list of street names shall be maintained in the office of the fire marshal and shall be available for distribution or review by developers or citizens.

(d)

All street names shall be designated on and approved by the final plat.

10.

Residential minor streets.

(a)

Minor residential streets shall be so laid out that their use by through traffic will be discouraged. Traffic calming techniques such as diverters, neck downs, street gardens, curvilinear alignments, etc. shall be encouraged to reduce speeds and cut-through traffic.

(b)

Residential minor streets shall be designed and platted so that no street sequent shall contrive a straight line for more than 1,200 feet before altering its course by at least 20 degrees.

(c)

All traffic calming measures shall be approved by the city engineer.

11.

Horizontal alignment.

(a)

Centerline radius. The following centerline radii shall be the minimum allowed in the design of all street construction:

(b)

Common tangents. Reverse circular curves having a common tangent shall be separated by a tangent section in accordance with the following table:

12.

Vertical alignment.

(a)

Minimum grades. No streets shall be designed or constructed to a grade less than 0.7 of one percent unless by prior approval of city engineer.

(b)

Maximum grades. No streets shall be designed or constructed with grades in excess of the following:

D.

Alleys.

1.

Required. Alleys shall be provided in all new residential developments and replatting of existing subdivisions unless otherwise excepted by the planning and zoning commission.

2.

Standards.

(a)

Where alleys are required, alleys in residential districts shall provide a minimum of 20 feet of right-of-way and 12 feet of pavement.

(b)

Alleys shall be paved in accordance with city construction details and specifications in effect at the time at which the final plat was approved.

(c)

Where the deflection of alley alignment exceeds 30 degrees, a cutback of a minimum 15 feet or of such greater distance to provide safe vehicular movement shall be established on the inside property line, and the paving of the alley shall be cutback in the same manner.

(d)

Dead-end alleys are prohibited.

(e)

Garage driveway connections shall be from an alley. In areas where no alley is required, garage driveway connection shall be from the street.

(f)

No auxiliary driveway shall be installed to connect from a street or front driveway to an alley or rear driveway along an interior lot line.

(g)

No single-family or two-family residential lot shall be accessed from an arterial classed or greater thoroughfare. The board of adjustment may approve a variance to this standard when no practical alternative exists as verified by the city engineer.

(h)

Alleys may not exceed a maximum length of 800 feet unless approved by the planning and zoning commission.

E.

Blocks.

1.

Blocks shall be determined based on:

(a)

Provision of adequate building sites suitable to the needs of the types of uses contemplated;

(b)

Meeting the lot size, setback, and other dimensional requirements set forth in Chapter 77-400 or as otherwise approved by the planning and zoning commission; and

(c)

Consideration of needs for convenient access, circulation, control, and safety of street traffic.

2.

In existing subdivisions, new blocks shall be designed, and intersections shall be provided, so to serve cross-traffic adequately and to match existing street patterns or follow practices already established in the subdivision.

3.

In new subdivisions, block lengths shall be no greater than 1,200 feet. In cases where physical barriers or property ownership creates conditions where it is appropriate that these standards be varied, the length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic, and public safety. Such increases or decreases are subject to the review and recommendation of the city staff with final approval by the planning and zoning commission.

F.

Lots.

1.

General lot requirements.

(a)

Lots shall conform to the minimum requirements of the established zoning district.

(b)

Each lot shall face on a dedicated public or private street. Unless otherwise provided by this Code, lots shall have a minimum of 35 feet of frontage along a dedicated street with the minimum lot width established at the building limit line.

(c)

The planning and zoning commission may permit direct access onto a major thoroughfare for single-family residential lots with a lot frontage width of 300 feet or greater when no practical alternative exists as verified by the city engineer. To the greatest extent practical, as determined by the director of planning, side lot lines should be at right angles or radial to street lines.

(d)

Unless otherwise provided by this Code, no lot shall be replatted to reduce the size of the lots originally platted within a subdivision, unless property owners within 200 feet have been notified in writing at least ten days prior to a hearing by the planning and zoning commission.

(e)

When an applicant exhibits a duly executed and recorded deed covering a lot having been sold by metes and bounds prior to October 26, 1961, and such lot is being assessed for city taxes and conforms to the established lot pattern and zoning classification in the block where located, then a building permit may be issued, provided that the requested use of such property conforms to the permanent zoning of the property covered by the application.

(f)

No lot shall be platted by any preliminary or final subdivision plat in such a manner that a dividing line between two counties, municipalities, or school districts will be created.

(g)

With the exception of a lot backing to an area designated as the take area, and following passage of this ordinance, no lot shall back to a public park unless approved by the planning and zoning commission.

2.

Flag lots. Flag lots may be allowed subject to the following standards:

(a)

Allowed districts. Unless otherwise allowed by the board of adjustment, flag lots shall be allowed only in the residential zoning districts.

(b)

Frontage. Each flag lot shall have at least 35 feet of street frontage and at least 35 feet of width for the entire length of the "flagpole."

(c)

Lot area calculation. The area of the "flagpole" portion of the lot shall not be included in the calculation of the minimum lot area.

(d)

Driveways. Driveways shall be designed to allow vehicles to drive out forward. Shared or common driveways/parking will be considered when two flag lots are contiguous.

G.

Building lines. Front building lines shall be shown on the final plat of all lots and shall meet the minimum setback requirements of the applicable zoning district, as set forth in Chapter 77-400

H.

Underground utilities. It is the intent of this provision that all utility lines be buried so as to reduce disruption to service in the event of a natural disaster or unforeseen accident; to enhance the aesthetics along transportation corridors, and to reduce bodily injury in the event of a vehicle accident.

1.

Unless a waiver is authorized by the city council, all electrical, telephone, and cable TV utility (lateral and/or service distribution) lines and wires including, but not limited to, street lighting and traffic signal, to be placed underground. All such lines within a right-of-way or otherwise between property lines shall also be buried. Feeder and other major transmission lines associated with towers may remain overhead.

2.

All utility installation shall conform to the right-way-management ordinance.

3.

All electrical and telephone support equipment, including transformers, amplifiers, and switching devices necessary for underground installations, shall be pad-mounted and located adjacent to the side property lines. To mitigate adverse impacts to storm water drainage to the greatest extent possible, the location shall be approved by the city engineer.

4.

Unless otherwise required herein, all utility boxes, poles, and meters that are within 50 feet of the entryway of a subdivision landscaping shall be placed behind the screening wall in the utility easement.

5.

Temporary construction service may be provided by overhead electric lines and facilities without obtaining a waiver from city council, provided that when the underground utility service to any portion of subdivision is completed, such overhead electric lines and facilities are promptly removed.

6.

All installations regulated by this section shall also conform to the standards for utility construction currently in effect in the city.

7.

Standards contained herein shall apply to the redevelopment of properties, or those situations where a pad site is proposed within a development, or where there is an expansion of a structure or property of 25 percent or greater.

I.

Standards for utility construction. The sanitary sewers, storm sewers, water mains, and street improvements, with all appurtenances pertaining to the same and facilities of other agencies as may be required, shall be constructed and installed in each new subdivision in accordance with current construction details and specifications of the city at the time the final plat is approved, or as may be required in the interest of public health, safety and general welfare.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, §§ 23, 24, 6-2-2009)

A.

Survey monuments.

1.

Survey monuments shall be placed at all lot corners.

2.

At least two concrete monuments shall be installed in a subdivision that have certified horizontal and vertical positioning in state plane coordinates, and must be intervisible with each other. These monuments shall be coordinated and verified with the city's geodetic monuments. The survey monument information shall be submitted with the as-built plans before a certificate of occupancy is issued.

B.

Streetlights. The developer shall be responsible for streetlight installation. Before final acceptance of streets, alleys, sewers, and other utilities, the developer shall coordinate streetlight locations and installations with the power company and the city.

C.

Street and alley improvements.

1.

Before approval and acceptance of any final plat, the developer shall prepare, or have prepared, and submit complete engineering plans of streets, alleys, storm sewers and drainage structures, and water and sanitary sewer improvements for the area covered by the final plat of a number and in a form as required by the director of public works. The developer shall have these plans prepared by a professional engineer licensed to practice in the State of Texas.

2.

The director of public works shall review or cause to be reviewed the plans and specifications and, if approved, shall mark them approved and return one set to the developer. If not approved, two sets shall be marked with the objections noted and returned to the developer for correction. After approval of the plat, plans, and specifications by the city, the developer shall cause his contractor to install the facilities in accordance with the approved plans and standard specifications of the city and at the developer's expense.

3.

The developer shall cause his engineer to design, stake, and supervise the construction of such improvements and shall cause his contractor to construct the improvements in accordance with the regulations of this division. The city will inspect the installation of the improvements. When found to be installed in accordance with the plans and specifications, and after the improvements have been completed, and upon receipt by the city of a two-year maintenance bond or certificate of deposit from each separate contractor in the amount of 20 percent of the contract price, along with three sets of as-built plans, one set of as-built mylars, and one set of plans in digital format in a format as required by the city, the plans and mylars to be as-built and upon receipt of a letter of the contractor's compliance with these regulations, then the city administrative official shall receive and approve for the city the title, use, and maintenance of the improvements.

4.

The minimum street and alley construction standards shall be determined by the city.

5.

Curb ramps for barrier-free access shall be constructed to comply with Texas Accessibility Standards and city standards.

6.

The developer shall provide additional right-of-way required for existing or future streets as shown in the thoroughfare plan or other plan approved by the city council.

7.

When a proposed subdivision of land abuts an existing road that does not meet the city's standard specifications, and where the development of land proposed is such that accelerated wear or deterioration will result from and be contributed by the development, the developer shall be required to improve the existing road, including sidewalks, to bring the same to city standards. Such requirement is conditioned upon a determination, based upon a traffic study as required by the city engineer, that the improvements are related to, necessitated by, and proportional to the development being proposed.

8.

The city may allow the developer to pay into escrow by cash or irrevocable letter of credit an amount equal to 115 percent of the developer's share of the cost of such improvements as a condition to the approval of the final plat. The amount of escrow shall be as determined by the city engineer.

9.

When funds have been provided and placed in escrow with the city for the development of a substandard road, and the road is reconstructed by a party other than the escrowing developer and at no cost to the city, the escrowed funds shall be refunded to the developer after completion and acceptance of the improvements, with the city retaining one-half of any interest earned to cover administrative expenses. If a portion of the cost is borne by the city, the difference between the developer's proportionate cost and the escrowed funds shall be refunded to the developer after completion and acceptance of the improvements.

10.

All new roads within proposed subdivisions shall, at a minimum, be built to a width and design in accordance with the thoroughfare plan or as otherwise required under this Code.

11.

Streets that dead end at power lines, railroads, or similar rights-of-way, and that are intended for future extension across these rights-of-way, where plans and approvals have been made by the owners of such rights-of-way, shall be constructed in right-of-way for half the distance across the rights-of-way; provided, however, that the street is not a dead-end and is provided with an approved cul-de-sac. A Type III barricade shall be constructed at the end of the dead-end street.

12.

Where streets are adjacent to undeveloped land and the property line is normally the centerline of the street, the developer shall provide a right-of-way of sufficient width and shall construct paving a minimum width of half the requirements for that particular street. Such requirement is conditioned upon a determination that the improvements are related to, necessitated by, and proportional to the development being proposed.

13.

When it has been determined by the city that it is not feasible to construct the street and/or railroad crossing at the time of development of the subdivision, escrow for the developer's portion of the cost may be provided in accordance with this section. If the street and/or railroad crossing has been constructed or is being constructed by others, the developer shall pay his pro rata share of the improvements in accordance with Ordinance No. 6-3-86B. Escrow or pro rata shall be payable prior to construction of streets and utilities.

14.

When reimbursing the developer for oversize development costs, the city shall pay a maximum engineering fee of six percent of the construction reimbursement.

15.

If the improvements of such road or street do not occur within 20 years from the date the money is so placed on deposit with the city, the money shall be returned to the property owner of record at that time. The city shall retain one-half of the interest earned to cover administrative costs.

16.

Where, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the director of public works, the board of adjustment may, in specific cases and subject to appropriate conditions and safeguards, authorize a variance to the regulations of this section. Such variances will only be made in order to permit reasonable development and improvement of property if (1) the literal enforcement of such regulations would cause an unnecessary hardship or (2) the design, density/intensity, alteration or access to or from the proposed subdivision indicates that standard enforcement of such regulations would violate legal constraints relating to "rough proportionality" in land dedication or related costs.

D.

Street signs. Within the corporate limits of the city and extraterritorial jurisdiction, street signs shall be installed at each intersection. The subdivider shall pay to the city charges as determined by the department of public works to defray the cost of materials and installation of such sign. At the city's option, the subdivider shall be required to install such street signs at its sole expense. Such signs shall be of a type approved by the city and shall be installed in accordance with the standards of the city. The developer shall pay such sum at the time a final plat is submitted for approval, and this sum shall be in addition to any other fees and charges as may be established pursuant to this chapter.

E.

Traffic control devices. Within the corporate limits of the city and extraterritorial jurisdiction, traffic control devices related to the impact of the development shall be installed by the city at the expense of the subdivider as required by the city at each intersection. The subdivider shall pay to the city charges as determined by the department of public works to defray the cost of materials and installation of such device(s). The developer shall pay such sum at the time a final plat is submitted for approval, and this sum shall be in addition to any other fees and charges as may be established pursuant to this chapter. At the city's option, the subdivider shall be required to install such devices at its sole expense. Such devices shall be of a type approved by the city and shall be installed in accordance with the standards of the city by the developer.

F.

Storm drainage.

1.

An adequate storm sewer system consisting of inlets, pipes, and other underground structures with approved outlets shall be constructed where runoff of stormwater and the prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities. Areas subject to flood conditions as established by FEMA or the city will not be considered for development until adequate provisions of the drainage and stormwater control ordinance have been met.

2.

The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and drainage facilities shall conform to the provisions of this Code.

G.

Water and sanitary sewer system improvements. All subdivisions shall be provided with an approved water and sanitary sewer system designed and constructed in accordance with the comprehensive plan and the city's standard construction details and construction specifications. In the corporate limits of the city, all subdivisions shall be connected with the city water supply distribution system and sanitary sewer systems. The developer shall furnish and install all complete water systems including water mains, valves, water sampling stations, and fire hydrants. The developer shall furnish and install all complete sanitary sewer systems including sewer mains, manholes, and cleanouts.

H.

Permission required for alterations to drainageways. No individual, partnership, firm, or corporation shall deepen, widen, fill, reroute, or change the course or location of any existing ditch, channel, stream, or drainageway, without first obtaining written permission of the city or other agency having jurisdiction.

I.

Stormwater pollution prevention plan (SWPPP). An SWPPP shall be required and shall be submitted to the city with civil plans before the civil plans are released for construction.

J.

Public acceptance. The city shall not accept any public improvements until after all franchise utilities are installed.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 012-08, § 18, 4-1-2008; Ord. No. 016-09, §§ 25—27, 6-2-2009)

A.

Public open space dedication and fees in-lieu. Public open space and/or fees in lieu thereof shall be provided pursuant to subchapter 77-503B, Public open space dedication.

B.

Private common open space. Private common open space shall be provided pursuant to subchapter 77-503C, Private common space.

C.

Streets.

1.

Unless otherwise approved as a private street, all street rights-of-way shall be dedicated to the public in fee simple.

2.

The city council may approve the dedication of a half-street only when the other half of the street has been dedicated or when the city council reasonably anticipates that the other half of the street will be dedicated. When a subdivision borders a dedicated half street, the city council shall require the dedication of the other half of the street, unless it determines that the street would be unnecessary or undesirable.

D.

Alleys. The city council may require the dedication of alley rights-of-way in fee simple where it finds that alleys are necessary for service access, off-street loading, or parking.

E.

Walkways. Pedestrian and bicycle facilities shall be dedicated and constructed in accordance with the thoroughfare plan.

F.

Easements.

1.

When required. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be of such widths as may be reasonably necessary for the utilities using the same. It shall be the subdivider's responsibility to determine appropriate easement widths as required by utility companies.

2.

Standards.

(a)

With the exception of rights-of-way, the lot area shall be computed inclusive of all easements. There shall be a minimum buildable area, exclusive of easements, for each lot to meet the requirements set forth in the dimensional standards in Chapter 77-400.

(b)

Unless otherwise approved by the city or utility company, no easement shall be less than 15 feet in width.

(c)

A 15-foot utility easement shall be required along the frontage of all collectors and arterials.

G.

Reservations.

1.

Permitted uses. No land contained in the proposed subdivision shall be reserved for any use other than a use permitted by this Code for the district in which the land to be reserved is located.

2.

Designation on plat. The specific use for which each parcel of land is to be reserved must be shown by appropriate label or description of the plat. Provision for abandonment of a reservation in the future as may be appropriate must likewise be shown on such plat.

3.

Parks and open space. The location and size of parks and open space areas shall be in conformance with Chapter 77-500 of this Code. All areas retained as floodway after approved development shall be reserved for public use, unless other provisions are approved by the city council.

H.

Homeowner's association.

1.

Required. Subdivisions with common property shall have a homeowner's association. The homeowner's association shall own and be responsible for the maintenance of the common property. The homeowner's association shall provide for the payment of dues and assessments required to maintain the common property. The homeowner's association covenants shall be approved by the city attorney, after review by city staff. The approved document shall be filed for record contemporaneously with the filing of the final plat in the county records department.

2.

Reserve fund. The homeowner's association documents shall establish a reserve fund for the maintenance of the common property.

3.

Membership requirements. Every lot owner within the subdivision development shall be a member of the homeowner's association.

4.

Solar and wind energy systems. No homeowner's association covenant, condition or deed restriction applicable within residential subdivisions adopted or amended on or after December 1, 2009, shall prohibit or unreasonably limit or restrict the use of solar or wind energy systems, and any such covenant, condition or deed restriction is void and unenforceable. For the purposes of this provision, a "solar energy system" refers to a device or structural feature for the collection, storage, conversion and distribution of solar energy for heating, cooling or electricity generation. A "wind energy system" refers to equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 035-09, § 1, 11-17-2009)

A.

Applicability.

1.

The location of each private street development shall be subject to the approval of the city council through the private access permit process on a case-by-case basis, based upon compliance with the standards set forth in this section. An applicant who meets the stated criteria will not be entitled to the private access permit as a matter of right, but shall only obtain approval for the private access permit at the sole discretion of the city council, after review by city staff, and after the recommendation of the planning and zoning commission.

2.

In order to qualify for consideration of a private access permit for private streets, the applicant must satisfy all standards of this Code, and any other applicable codes and ordinances, as may be, from time to time amended.

3.

Denial of approval of any private street development private access permit by the city council shall be final and shall not be reviewable to the zoning board of adjustment.

B.

General requirements. The following requirements shall be satisfied as part of the review and approval process for all private street developments:

(a)

The area shall be within the corporate limits of the city, or within the city extraterritorial jurisdiction (E.T.J.).

(b)

The area shall be a proposed residential development, and shall be zoned solely as a residential zoning district (that is, a zoning district that the stated purpose of which is to provide for primarily residential uses), except in the case of a planned development (PD) zoning district, in which case the area must be designated solely for residential use.

(c)

All residential zoning districts and PD planned development districts shall allow consideration of private street developments through the private access permit process.

(d)

The area shall not impede a current or future development of a thoroughfare.

(e)

The area shall not disrupt an existing or proposed city public pedestrian pathway, hike and bike trail or park.

(f)

There shall be no required minimum or maximum acreage size and/or number of lots within private street developments. However, minimums and maximums will be evaluated on a case-by-case basis through the private access permit process.

(g)

The private street system shall comply with design standards in this chapter. All references and regulations in this chapter to public right-of-way shall apply to private street lots.

(h)

The private street system shall provide perpetual access for authorized 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.

(i)

The type of gate or controlled access mechanism is subject to the approval by the city fire marshal, and any corrective action shall be the responsibility of the homeowner's association. 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.

C.

Specific requirements.

1.

Required wording on each private street development plat. Each private street development plat shall contain the following wording on the face of the final plat: "The streets have not been dedicated to the public, for public access nor have they been accepted by the city, as public improvements, and the streets and roadways shall be maintained by the homeowner's association within the subdivision, except that the streets and roadways shall always be open to authorized 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."

2.

Private access permit. All private access permits shall be issued prior to the approval of the final plat. The city council shall consider the private access permit application after review and recommendation by the city staff and the planning and zoning commission, but prior to the final plat being considered by the planning and zoning commission.

3.

Easements. Private street developments shall provide the following easements:

(a)

Public utility easements containing private streets and public utilities;

(b)

Additional public utility easements required by public agencies;

(c)

Pre-existing 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. Determination of access points shall be based upon each individual development, and not on multiple, contiguous developments.

5.

Private access amenity plan. For each private street development, a private access amenity plan shall be submitted to the director of planning for review and comment prior to submission to the planning and zoning commission and city council. A private access amenity plan shall be submitted for any proposed residential private street development. 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. The private access amenity plan shall be submitted with the landscape plan required by Chapter 77-504, Landscaping and screening, and shall comply with the general landscaping requirements set forth in that section.

6.

Elevation plans. Elevation plans of proposed structures, if requested by the director of planning, shall include a description of proposed building materials, color, finish, roof pitches, signage, and such other items as the city staff might reasonably request (such renderings of elevation of proposed structures does not refer to residential structures, but rather to other structures that are components of the private street development).

7.

Additional data. The city staff may require additional data to amplify and clarify the private access amenity plan. Such information may include, but not be limited to, walls, fences, access controllers, entrance areas, barriers, perimeter walls, and exterior landscaping.

8.

Illustrations. Items outside the private street development shall be illustrated, such as, but not limited to, entrance area, barriers, perimeter walls, exterior landscaping, and other elements as required by city staff.

9.

Private parks. No credit will be allowed for the development of parks not open to the public.

10.

Conversion of public streets to private streets. For existing subdivisions with public streets and rights-of-way to become private, the following procedures shall apply:

(a)

The permit application must contain signatures of 80 percent of the lot owners of the lots that would be part of the proposed private street subdivision.

(b)

The street right-of-way must be purchased from the city in accordance with V.T.C.A., Local Government Code Ch. 272. The planning and zoning commission shall first review the application and forward a recommendation to the city council. The city council may order an appraisal of the street rights-of-way in the affected subdivision. The cost of such appraisal shall be borne by the applicants, and the appraiser conclusions of value shall be final. In determining the value of the street rights-of-way, the appraiser shall take into account that the developer of the subdivision constructed the street and not paid for directly by the city, if such were the case. Notwithstanding any other provision of this section, if at least 60 percent of the applicants object, in writing, prior to the city council's consideration of a resolution of abandonment regarding the appraiser's findings and conclusions of value, the city council may order another appraisal. If another appraisal is not ordered, the city council may consider a resolution of abandonment and issue quitclaim deeds to the record lot owners as to their representative portion of the public rights-of-way.

(c)

Once the conversion takes place, all of the other provisions of this article shall be applicable to the private street subdivision.

11.

Relationship to the City Comprehensive Plan. The following components shall be evaluated when reviewing potential private street developments. This evaluation will aid in logical implementation of the current city comprehensive plan and the following components may be hereafter amended:

(a)

Future Land Use Plan. Development impact on land uses, their configuration, and function shall be examined as part of each request for a private street development.

(b)

Master Park Plan (MPP) and Trail System Plan (TSP). The proposed private street development shall be evaluated to assess impact of private streets on access, including ingress and egress, and continuity of the hike/bike/jogging/open space linkage system within the community, as well as the functioning of other MPP and TSP elements.

(c)

Master Thoroughfare Plan (MTP). The proposed private street development shall be evaluated to assess its impact on the efficiency, convenience, and safe functioning and implementation of the MTP.

D.

Conversion of private streets to public streets; voluntary to the city. The city may, but is not obligated to, accept private streets for public access and maintenance. The procedure shall conform to all of the following provisions:

1.

The homeowner's association shall submit a petition signed by 100 percent of its members.

2.

All of the streets and roadways shall be in a condition that is then acceptable to the city.

3.

All access controllers and other structures not consistent with a public street development shall be removed.

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 back to a public street on a fair and equitable basis to be determined by the city council.

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.

E.

Design standards of infrastructures.

1.

The design and construction of the infrastructure within a private street subdivision shall conform to the same rules, regulations, standards, and specifications established for public subdivisions. The director of public works or designee is hereby authorized to promulgate rules, regulations, standards, and specifications for the design and construction of improvements unique to a private street subdivision. The same shall be filed with the city secretary at least 30 days before they shall become effective. An amendment may be made from time to time, provided that the amendment is filed with the city secretary at least 30 days before it becomes effective. No such rules, regulations, standards, or specifications shall conflict with this article or any other ordinance of the city.

2.

Project perimeter fences at project entry access points, entry monuments, and access controllers may be erected within the public utility, drainage, and storm sewer easements, provided that they do not impede the installation, maintenance, operation, repair, or replacement of public utilities, drainage, and storm sewers within the easement.

3.

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

F.

Homeowner's association.

1.

Required. Subdivisions with private streets and common property shall have a homeowner's association. The homeowner's association shall own and be responsible for the maintenance of private streets and appurtenances. The homeowner's association shall provide for the payment of dues and assessments required to maintain the private streets. The association covenants shall be approved by the city attorney, after review by city staff, and after the recommendation of the planning and zoning commission at the time the private access permit is requested. The approved document shall be filed for record contemporaneously with the filing of the final plat in the county records department.

2.

Reserve fund. The homeowner's association documents shall establish a reserve fund for the maintenance of private streets and other improvements such as common greenbelts, access controlled structures and equipment, and other significant association infrastructure. This reserve fund shall not be commingled with any other property owners' association fund. The balance of the fund shall reflect $1.00 × the front footage of each lot in the subdivision per year. The formula for calculating the reserve fund shall be reviewed and amended as needed.

3.

Covenant. The homeowners association's covenants shall contain provisions that allow the city to assume the duty of performing the maintenance obligations without liability for the performance thereof should the association dissolve or in any way fail or refuse to maintain its obligations. The covenants shall further provide that the city may use the outstanding balance in the reserve fund for maintenance or in the alternative, levy an assessment upon each lot on a pro rata basis for the cost of such maintenance.

4.

Membership requirements. Every lot owner within the private street development shall be a member of the homeowner's association.

5.

Document contents. The homeowner's association documents shall indicate that the streets within the development are private, owned and maintained by the association and that the city has no obligation to maintain or reconstruct the private streets. The covenants shall include the following provision: "The association shall be responsible for contacting the city utility construction inspector and/or the city's engineer every two years, or as needed, from time of construction to schedule an inspection, to include city staff and/or their designee of the private streets or private roadways."

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)