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Schertz City Zoning Code

ARTICLE 15

- EASEMENTS AND UTILITIES

Sec. 21.15.1.- Easements.

A.

Utility Easements. Utility easements including natural gas shall be provided for the installation of utilities in accordance with the requirements of the City. In general, these easements shall be in the front of residential development lots.

B.

Drainage Easements.

1.

When a subdivision is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage rights-of-way ("ROW") shall be provided. Said easement or drainage ROW shall substantially encompass the boundaries of said water course and shall be of sufficient width, in accordance with the construction standards in the Public Works Specifications Manual.

2.

Drainage or storm water easements may be constructed as open earth channels or concrete drainage structures and shall be maintained by the developer or his/her assigns.

3.

Drainage ROW shall contain concrete drainage structures or underground piping and shall be dedicated to and maintained by the City or other applicable jurisdictions.

C.

Access Easements. In an effort to reduce the congestion created by a number of driveways along street rights-of-way while maintaining adequate access to developments, the City may allow Access Easements to be dedicated within and across developments of similar use. These easements shall be twenty-four feet (24') in width and meet the minimum construction requirements for streets as required by this UDC and the Public Works Specifications Manual.

Sec. 21.15.2. - Water systems.

A.

Installation of Water Facilities. All lots, tracts or parcels on which development is proposed shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. Where water is to be provided through the City system, the developer shall install adequate water facilities, including fire hydrants, in accordance with all applicable regulations of the State, the City and any other agency regulating public water systems.

B.

Alternative Water Sources. An alternative source of water within a development may be used for irrigation or other similar purposes, subject to City approval and the obtaining of all appropriate permits from the City, State and any other applicable agency. An alternative water source may not be used for potable water supply under any circumstances. The design and construction of water system improvements and alternative water sources shall comply with the rules and regulations of the City, State or any other applicable agency.

C.

Location and Cost of Installation. The location of all fire hydrants, all water supply improvements and the boundary lines of special districts, private systems and certified water service areas, indicating all improvements proposed to be served, shall be shown on the construction plans. The cost of installing all water supply improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer.

D.

Extension of Lines. Extension of water and wastewater lines shall be made along the entire frontage of the subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a thoroughfare, the extension of utilities shall be accomplished in such a manner as to allow future connections to said utilities by new subdivisions. If new subdivisions will never be constructed beyond a developing subdivision due to physical constraints, the Public Works Director may waive the requirement for adjacent utility line construction at the time of final plat approval and prior to construction of the subdivision.

E.

Fire Hydrants.

1.

Fire hydrants are to be properly located so there will be a fire hydrant every three hundred feet (300') in commercial and industrial areas and every 500 feet in residential areas.

2.

Any new fire hydrant is required to have a hydrant locater reflector (blue bump) installed in the roadway perpendicular to the hydrant.

F.

Individual Wells.

1.

Within the City Limits. A new development served by individual wells within the City limits is prohibited.

2.

Within the ETJ. Individual wells within the ETJ shall be subject to approval by the City. The developer must submit with the plat application a certificate from a professional engineer registered in this state or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval.

3.

Compliance with Other Regulations. Installation, operations and maintenance of individual wells shall comply with City standards, regulations of the TCEQ, any other applicable state rules and regulations, and applicable regulations of groundwater conservation districts. In the event of conflict among these regulations, whichever is the most stringent shall apply.

G.

Design and Construction. All water facilities within a subdivision shall be designed and constructed to the standards as set forth in the Public Works Specifications Manual. Said facilities shall meet all State and federal regulations pertaining to approved public water systems including regulations regarding the preparation, submittal and approval of plans and specifications for water systems. Design of water facilities shall also be in conformance with all laws, policies, standards, rules and regulations for establishing the fire insurance key rate for the City.

H.

Other Water Systems. For water systems other than the City system, the following shall apply:

1.

At time of preliminary platting the applicant shall provide the City with a letter of approval from the TCEQ certifying that the water system serving the development is in compliance with the rules and regulations of the TCEQ and that the public water system provider holds a current valid Certificate of Convenience and necessity (CCN) for the area proposed for development. The letter of approval from the TCEQ shall be accompanied by a map delineating the boundaries of the CCN in the vicinity of the development.

2.

For developments in the ETJ, the developer shall obtain approval and signature of the appropriate county health official on the water system statement as shown on the Preliminary Plat prior to Planning and Zoning Commission approval. The water system statement as shown on the plat, indicates that the development will be served by a water system meeting City standards, as stated in sec. 21.15.2.F. and the applicable standards of the water purveyor.

3.

Plans and specifications for all water systems to serve the development shall be submitted as part of the subdivision construction plans.

Sec. 21.15.3. - Wastewater Systems.

A.

Wastewater Connection Required. All lots within a subdivision shall be provided with a connection to an approved public wastewater system unless otherwise approved by the City. Establishment of a private wastewater utility district within the City or within the City's ETJ shall be prohibited.

B.

Installation of Wastewater Facilities. All lots, tracts or parcels on which development is proposed shall be connected to a public wastewater system which has adequate capacity to provide water for proper disposal and treatment of wastewater. Where wastewater is to be provided through a centralized system, the developer shall install adequate facilities, subject to the standards and specifications of the City and state design criteria for wastewater systems. Where insufficient capacity exists downstream of a proposed connection, the replacement and upsizing of the existing main is required of the developer. The installation of a parallel main shall be subject to approval by the City.

C.

Location and Cost of Installation. The location of all wastewater improvements and the boundary lines of special districts, private systems and certified areas, indicating all improvements proposed to be served, shall be shown on construction plans. The cost of installing all wastewater improvements to be made by the developer, including off-site improvements, shall be included in the performance guarantees furnished by the developer.

D.

Future Extension of Lines. Pipe stub-outs shall be located in manholes to facilitate the future extension of wastewater lines. The Public Works Director will determine the location and size of the stub-outs.

E.

On-Site Sewage Facilities (OSSF). The use of OSSF for the treatment and disposal of wastewater shall be subject to the approval of the City. The minimum lot area for residential subdivisions shall be a minimum one-half (½) acre (21,780 square feet). OSSF shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the standards and specifications of the City, County and State design criteria for OSSF.

Sec. 21.15.4. - Utilities.

A.

Purpose. Underground utility line facilities possess a logical relationship to the use and enjoyment of parcels within the City by:

1.

Improving visibility along public rights-of-way.

2.

Protecting the utility facilities from damage due to vehicular impact.

3.

Reducing obstructions in the path of vehicles driving off of a right-of-way.

4.

Facilitating fewer wind outages with lower costs to utility providers for restoration of outages due to wind, translating into lower costs for utility customers.

5.

Reducing interference with the existing tree canopies.

6.

Improving the aesthetics of an area by removing above-ground utility poles, lines and above-ground appurtenances from view.

7.

Increasing property values.

It is in the City's best interest to coordinate and regulate the placement of public and private utilities in the public right-of-way and in easements on private property. Such regulations and coordination shall be managed under the UDC.

Utility easements shall be provided for the installation of utilities in accordance with the requirements of the City and maintained by the property owner, in accordance with Chapter 54 of the City Code of Ordinances. Trees and hardscapes, excluding driveways and sidewalks, and any other surface or subsurface improvement that could damage the utility infrastructure or limit the utility provider's ability to maintain their utility infrastructure shall not be installed within utility easement, except where a waiver is granted by the utility easement holder or expressly allowed in the easement language.

Existing overhead utilities, when altered by new development or development receiving an increase in or change in service may remain overhead or be placed underground. Utility expansions or extensions, including Primary Distribution expansions, required to serve new development or development receiving an increase in or change in service shall be placed underground in accordance with City Standards; or, if those utilities are waived to be installed overhead, the new service or change in service must be placed or located to one side of the street, alley, or thoroughfare in an easement or Right of Way as determined by the City. All utility crossings, including Secondary Distribution, shall cross a Right of Way, street, alley, or thoroughfare underground, even in instances where the Primary Distribution has a waiver to be installed overhead.

All underground utility lines shall be buried and utility connections are to be installed according to all applicable City Standards, as well as those of the City's franchised utilities authorized to provide service in Schertz. Underground utilities may be installed on both sides of a Right of Way, street, alley, or thoroughfare.

B.

Definitions.

Transmission Line - a line that carries electricity at voltages of 69kV or greater and is used to transmit electric power over relatively long distances, usually from a central generating station to main substation (This section does not apply to transmission lines or easements).

Primary Distribution - delivers power from distribution substations to distribution transformers that provide power to a secondary distribution system- (usually three phase power lines)

Secondary Distribution - carries power from distribution transformers to the electric meters of the end customers. This is also referred to as a "Service Line".

C.

Applicability. The provisions of this section are deemed to be minimum standards and shall be applicable to all properties, facilities, and utilities within the Corporate City Limits and Extraterritorial Jurisdiction (ETJ).

D.

Residential. All utilities in Residential Districts (all residential districts other than multi-family) including, but not limited to, electrical wiring, natural gas, telephone, and communication systems, shall be located in an easement or the Right of Way adjacent to the front yard of the property as defined by the address, shall be installed underground, and shall be maintained in accordance with all applicable City codes and regulations for such systems.

E.

Apartment/Multi-Family. All utilities within Multi-Family Districts including, but not limited to, electrical wiring, natural gas, and communication systems, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Electrical primary distribution lines and telecommunication systems providing service to multi-family districts may be installed overhead along a single side of the perimeter of a subdivision, which is not adjacent and parallel to a Right of Way, within a utility easement. Installations which are adjacent and parallel to the Right of Way require an approved waiver to be installed. The secondary distribution lines providing electric service to each lot within the subdivision shall be installed underground.

F.

Public Use. All utilities serving a public use district, including, but not limited to, electrical wiring, natural gas, and communication systems shall be installed underground. Utility connections, such as telecommunication, electricity, water and sanitary sewer stub outs shall be provided to all acreage dedicated as public parkland.

G.

Commercial. All utilities in Commercial Districts including, but not limited to, natural gas, and communication systems, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Electrical primary distribution lines and telecommunication systems providing service to Commercial developments may be installed overhead along a single individual side of the perimeter of a property, which is not adjacent and parallel to a Right of Way, within a utility easement. Installations which are adjacent and parallel to the Right of Way require an approved waiver to be installed. Electrical primary distribution lines shall not be installed overhead within the perimeter or internal to a commercial development. Secondary distribution lines providing electric service to each lot within the subdivision shall be installed underground.

H.

Industrial. All utilities in Industrial Districts including, but not limited to, electric, natural gas, and communication systems, shall be installed underground and shall be maintained in accordance with all applicable City codes and regulations for such systems. Electrical primary distribution lines and telecommunication systems providing service to Industrial districts developments may be installed overhead along a single individual side of the perimeter of a property, which is not adjacent and parallel to a Right of Way, within a utility easement and shall not be installed within the property. Installations which are adjacent and parallel to the Right of Way require an approved waiver to be installed. Secondary distribution lines providing electric service to each lot within a subdivided industrial district development shall be installed underground.

I.

On-Site Utilities. Regardless of the type of zoning district, all on-site utilities (e.g. the edge of the property inward) must be located underground.

J.

Street Lighting. Installation of streetlights shall be the responsibility of the subdivider, developer, or property owner in new developments where streetlights are required to be installed by the City of Schertz Unified Development Code and shall meet the lighting and glare standards set forth in the City of Schertz Unified Development Code. The City of Schertz or electric provider may install streetlights within previous developed areas or areas where accommodations cannot be made to make the installation safe for the subdivider, developer, or property owner. The City of Schertz or utility provider may require the installation of conduit by the subdivider, developer, or property owner in this case. Service lines to streetlights shall be underground and shall be extended within an appropriate easement or right-of-way to available transformers and junction boxes. Service lines shall be provided and installed at the sole cost of the subdivider, developer or property owner. The City of Schertz or utility provider shall be responsible for streetlight maintenance for all nonmetered, public streetlights within the City of Schertz. Decorative or other nonstandard streetlight fixtures shall be approved by the Public Works Director or Assistant Public Works Director, except when City Council approves as part of a zoning ordinance. The subdivider, developer or property owner shall be responsible for the installation and maintenance of all private, metered streetlights.

K.

Waivers. The City Manager or the Public Works Director may waive the requirements of Section 21.15.4 or grant a waiver where he/she finds that unique conditions supporting such waiver exist within the development or along rights-of-ways.

1.

Decision and Appeal. The Public Works Director shall either grant or deny the waiver within thirty (30) days of the application's receipt in the Public Works office. If the waiver is denied, the Public Works Director shall so notify the applicant in writing, If the waiver is denied, the applicant may appeal the decision to the City Manager by filing a written notice of appeal within ten (10) days of the applicant's receipt of the notice of denial of the waiver. The Public Works Director shall then schedule a meeting with the City Manager on the appeal at the earliest convenient opportunity and shall notify both the appellant and the City Manager of the hearing. After holding a hearing on the denial of the waiver, the City Manager may either sustain the decision or grant the waiver.

2.

Approval Criteria. The City Manager or the Public Works Director may grant a waiver from the requirements of the City if either finds both of the following conditions:

The requirements to provide utilities to the owner/customer's property pose a degree of practical difficulty, such as natural barriers, presence of existing utilities, or other existing conditions outside of the property owner's control, and that approval of the waiver would not be contrary to public policy and would not substantially weaken the general purposes of this division and of the area of the City in which the property lies.

3.

Scope of Approval. Whenever a waiver has been granted under this section, and thereafter the waiver date, utility services are disconnected from the property due to the request, direction or actions of the property owner, the waiver becomes null and void. Any reconnection of utility service to the property must be accomplished in a manner consistent with the requirements of this division and of the ordinance which established service.

4.

Above ground waiver. Any utility given a waiver to be placed above ground must be placed on steel poles meeting the requirements of the City.

(Ord. No. 21-S-49, § 1(Exh. A), 12-14-2021)