1. Provide safe, efficient, and properly designed streets and utility service;
2. Protect public health and safety;
3. Ensure that the cost of improvements that primarily benefit a subdivider or developer are borne by the subdivider or developer and that the cost of improvements that benefit the whole community are proportionately borne by the whole community;
4. Protect water sources from urban runoff and pollution; and
5. Create reasonable restrictions that allow the orderly subdivision and development of land.

1. Regulatory Provisions. The subdivision regulations provide for:
   1. The proper arrangement of streets in relation to the Comprehensive Plan; and
   2. Adequate and convenient space for roads, utilities, recreation, light, and air.
2. Allowable Variances. The regulations of this Chapter allow variances and establish different requirements applicable to subdivisions of different sizes, densities, or types of dwelling units. Variances are reviewed on a case-by-case basis in conjunction with a plat.
3. ETJ  Authority. All territory beyond the municipal limits of the Village in the ETJ are subject to all requirements of this UDC, with the exception of Chapter 2, Zoning Districts and Land Uses.

1. Compatibility and Connectivity. Proposed subdivisions will be designed to:
   1. Provide appropriate buffers and transitions between different land uses;
   2. Protect property and natural waterways from stormwater runoff and pollution; and
   3. Provide vehicle and pedestrian connections to neighboring properties.
2. Neighborhoods. Neighborhoods will be designed:
   1. In a context sensitive manner to ensure long term neighborhood viability; and
   2. With usable open space to provide recreation, use buffers, and safe distances from natural hazards. 
   3. New nonresidential development adjoining residential uses or districts will be compatible with neighborhoods.
3. Aesthetic and Environmental Considerations. Development will be:
   1. Shaped and guided by natural contours, to avoid natural hazards and maintaining scenic vistas; and
   2. Context sensitive, without compromising public health or safety.
4. Transportation and Mobility.
   1. ADA compliant sidewalks will be provided on all streets;
   2. Sidewalks will be required to provide direct access to all building sites, neighborhood facilities, and amenities; and
   3. Street type, location, and functional classification will be guided by the Vinton Future Thoroughfare Plan (FTP).  
5. Floodplains and Drainage.
   1. Regulatory floodplains shall be protected from development by:
      1. Maintaining regulatory floodplains as open space that may be used for passive recreation and drainage; and
      2. Implementing all Best Management Practices set out by the Texas Commission on Environmental Quality (TCEQ).
   2. Drainage easements shall have a minimum width of 15 feet, and at the determination of the Village, shall be:
      1. Retained  as right-of-way where drainage crosses existing or proposed public roads or other locations prescribed by the Village;
      2. Platted and placed in common ownership, or
      3. Designated as a drainage easement, based on the size and function of the drainage system.
   3. Easement alignment shall follow the approximate line of the channel on maximum 50 foot chords and wherever possible shall be located on lot or property lines.
   4. Drainage improvements shall be required as set out in the Vinton Stormwater Management Plan.
6. Utilities.
   1. Utilities will be installed in a conservation minded manner to allow for the efficient extension of utilities as new development occurs; and
   2. Utility improvements will be coordinated with the Comprehensive Plan and the Village CIP.

1. El Paso Water “Rules and Regulations”, as amended;
2. El Paso Water “Design Standards Manual, 2^nd Edition, as amended, water, sewer, and reclaimed water.
3. City of El Paso “Standard Details and Specifications”, as amended;
4. City of El Paso “Design Standards for Construction” for transportation, drainage, and erosion control, as amended; and
5. City of El Paso “Design and Construction Standards for Park Facilities”, as amended.

1. New lots will be dimensioned as set out in Chapter 3, Development and Design Standards;
2. Lot size, area, shape, and orientation shall be appropriate to the location and type of development proposed; and
3. No individual parcel or lot shall be created that does not meet the minimum requirements of the UDC.

1. Side lot lines shall generally be at approximate right angles, or radial to, street lines; and
2. Alternative configurations may be approved to accomplish the purposes of the UDC, such as preserving natural resources or dedicating right-of-way.

1. Required Frontage. Each lot or building tract shall front upon a public street, in accordance with lot width requirements.
2. Residential Lots.
   1. New residential lots shall front on local or minor collector streets, and not on major collectors, arterial streets, or highways; and
   2. The Development Administrator and Village Engineer may administratively approve minor deviations from the lot design requirements where the constraints of terrain and property shape limit design alternatives.
3. Nonresidential Lots. Nonresidential lots shall be designed in manner that allows development designed in manner that complies with all UDC requirements.

1. Where a development is sufficiently large to require two frontages, such as a school or a nonresidential parcel;
2. When necessary to overcome topographic or environmental issues; or
3. Where deemed to be appropriate by the Village Engineer in accordance with generally accepted engineering practices.

1. Buildable lots shall not encroach into a regulatory floodplain or floodway.
2. Floodplains may only be platted as open space, common area, or as a drainage easement, except those essential services that are required to be located in proximity to regulatory floodplains.

1. Length. Block length shall be provided based on the following guidelines:
   1. Block shall generally have sufficient width and depth for provide two tiers of lots with required lots depths. Exceptions may be made when property is adjacent to arterial streets, railways, waterways, arroyos, vistas, or geologic formations;
   2. Blocks shall generally not exceed 1,300 feet in length nor be less than 400 feet in length unless the type of development or other considerations, as listed in Subsection H.1.,  above, are present, and an alternative length will not result in public health or safety issues or would connect streets;
   3. The provision of adequate building sites suitable to the special needs of the type of use;
   4. The required lot widths and lot areas of the applicable zoning district, as set out in Subchapter 3.02, Residential Standards; and
   5. The need for convenient access, circulation, traffic control, and safety of street traffic.
2. Shape.
   1. Blocks shall be generally rectangular but may have curves or bends that correspond with the natural terrain;
   2. Irregularly shaped blocks which contain interior parks or playgrounds or adequate parking areas;
   3. Blocks shall be shaped in a manner that will provide safe pedestrian and vehicular circulation; efficient delivery of utilities; and adequate access for emergency service providers.
3. Relationship of Blocks to Streets.
   1. Intersecting streets shall be used to determine block length, width, and shape;
   2. Streets shall be provided at intervals that adequately serve cross traffic, conform to existing street patterns, and customary subdivision practices; and
   3. Block and street design can vary to facilitate development and street connections and adjust to natural and man-made physical barriers, property ownership lines, adjacent development, or other conditions unique to a development provided that safe pedestrian and vehicular circulation is the end result.  

1. The developer shall pay the cost of purchasing and installing street posts and markers at each street intersection, which posts and markers shall be the same type as used throughout the Village.
2. The cost of such street posts and markers shall be paid to the Village upon final approval of construction plans for the subdivision.
3. No subdivision construction, including but not limited to, street grading, street paving, storm sewer installation, curb and gutter work, or sanitary sewer and water main installation can begin until the cost of purchasing and installing such street posts and markers is paid to the Village.

1. Location. Street lights shall be placed at the following locations:
   1. One light at, or near, the end of every cul-de-sac or required public turn-around areas;
   2. One light at every street intersection;
   3. One light for approximately every 300 feet along all public and private streets; and
   4. Located within a public right-of-way, or easement.
2. Design. Street lights shall be:
   1. Designed and constructed in accordance with all El Paso Electric Company standards and specifications; and
   2. Shall be erected on steel poles, or an equivalent material, light the bottom of the lighting fixture located approximately 30 feet above the surface grade of the light standard.
3. Dedication. Street lights shall be dedicated to the Village at the same time that other public improvements are accepted by the Village.

1. Required.
   1. The Village Council may only consider a variance from the sidewalk requirements when there are significant engineering constraints that result in practical difficulties from locating or extending a sidewalk.
   2. The requirements of this Section may be waived by the Village Council where a sidewalk cannot be extended due to topography or other practical considerations.
   3. If a required sidewalk will connect to a substandard sidewalk, the Village Engineer may allow the tapering of the required sidewalk to ensure a seamless connection.
   4. Sidewalks shall match the location of existing sidewalks to create a seamless connection. Sidewalks are required in all districts and along all streets, in accordance with the VDS.
2. Construction Standards. The construction specification of sidewalks shall conform to VDS specifications for sidewalks and all accessibility standards. All residential and nonresidential sidewalks shall have a minimum width of five feet.
3. Sidewalk Obstructions.
   1. When development improvements, such as a fire hydrants, are in path of a sidewalk, the sidewalk shall be offset around the obstacle at its full required width. 
   2. If the right-of-way is insufficient to off-set the sidewalk, the Village Engineer may approve an alternative solution, in the form of requiring additional right-of-way or dedication of a “Pedestrian or Sidewalk Easement”. 
   3. In avoiding an obstructions, the sidewalk shall comply with all ADA requirements.
4. Corner Lots. Where sidewalks are required on corner lots, they will be installed along both frontages and extended to the curb with handicapped access ramps in accordance with the VDS and all ADA requirements.
5. Timing of Construction. Sidewalks shall be constructed as set out below:
   1. Sidewalks shall be installed concurrent with the construction of the adjoining street or concurrent with site development if a street is already present.
   2. Where a sidewalk will adjoin a common area or designated open space, the sidewalk will be constructed concurrent with the adjoining street.
   3. All public sidewalks proposed to be dedicated to the Village shall obtain TDLR certification of compliance with Texas Accessibility Standards prior to Village acceptance.
6. Waiver or Deferral of Sidewalk Installation.
   1. The Village Engineer may recommend that the installation of certain sidewalk sections be deferred to a future date when topographic or other unique conditions exist that may preclude the immediate construction of a sidewalk.
   2. If the Village Council accepts the Village Engineer's recommendation, Council may stipulate the conditions and timing of when the sidewalk must be completed and may require that the subdivider enter into a subdivision improvement agreement guaranteeing the installation of a deferred sidewalk.
   3. The Village Engineer may recommend that the sidewalk requirement be waived where it is not practical due to specific circumstances, such arroyo or severe slope.

1. Curb ramps are required at all street intersections at the time of construction or reconstruction per all provisions in the Federal Register 28, CFR part 36 (Americans with Disabilities Act) and the VDS.  
2. ADA compliant curb ramp providing access to sidewalks, parking spaces shall be provided, including access to common open space and any required public improvements, such as parks, greenways, and recreation areas, where public access is permitted.

1. Drainage/Stormwater Management Plans and Reports. The subdivider shall provide proposed drainage, grading, and stormwater management plans, supporting reports and studies, and construction drawings, as set out in Sec. A.02.03, Drainage Plans, of Appendix A of this UDC. 
2. Generally.
   1. Habitable lots shall not encroach into a regulatory floodplain;
   2. Lots adjoining a regulatory floodplain shall show the minimum Finished Floor Elevation (FFE) of each lot adjoining the floodplain on the Final Plat, which shall be a minimum of one foot above the regulatory flood elevation, except where the building code,  FEMA, or another agency with jurisdiction requires a greater finished floor elevation;
   3. The Village will only maintain drainage improvements constructed by the Village or formally accepted by the Village; and
   4. The Village is not responsible for the day-to-day maintenance of any grass lined drainage easement.
3. Required Review and Approval. Drainage plans are subject to review and approval by the Village Engineer.  Should specific site conditions warrant a deviation from the above criteria or the VDS, those considerations may be reviewed and approved by the Village Engineer, as set out below:
   1. Requests for deviations shall be made in writing with supporting documentation and rationale;  and
   2. Cost alone is not sufficient grounds for approval of a deviation.
4. Improvement Standards. Drainage improvements are required to comply with the VDS and Stormwater Management Plan.
5. Water Quality. In addition to the provision for drainage to convey stormwater safely through the Village and to avoid flooding damage or safety risks, stormwater management is subject to compliance with the VDS and the BMP standards of the National Pollution Discharge Elimination System (NPDES).  The national menu of BMPs for Stormwater Management is incorporated by reference into the UDC and VDS.

1. General
   1. Water supply for new parcels proposed for development shall be provided by El Paso Water in accordance with the VDS and the Planning Capacity Plan (Capital Improvements Program), to provide adequate supply for potable water demand, irrigation, and fire protection. Water shall be supplied using fire-rated lines acceptable to the West Valley Fire Department and installed to the specifications of the VDS, compliant with all applicable Building, Fire, and Life Safety Codes, as amended.
   2. Applicants proposing new development, or redevelopment, shall consult with El Paso Water and the Village to determine if adequate water supply is available.
   3. Fire hydrants and other required water improvements, shall be constructed in accordance with the VDS and all adopted Fire and Life Safety Codes, as amended, to satisfy all required fire flow and pressure requirements.
   4. Water service and fire protection facilities shall be designed and constructed at the expense of the subdivider, as set out in Subchapter 5.04, Utility Responsibilities, in a manner that will facilitate the extension of utilities to adjoining undeveloped properties.
   5. Fire hydrants and all other fire protection improvements shall be provided in accordance with West Valley Fire Department standards.
2. Alternative Water Sources. The following alternative water supply options are available until El Paso Water is able to completely serve the Village of Vinton service area.
   1. Alternative Retail Utility. Subdividers who propose to supply drinking water by connecting to an alternative water system other than El Paso Water, must provide a written agreement with the Village that stipulates:
      1. A retail public utility has, or will have, the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years; and
      2. The subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with the connection to the public water system so that service is immediately available to each lot.
   2. Wells and Non-Public Utility Providers. Where individual wells or a non-public water system is proposed for the supply of drinking water to residential establishments:
      1. A test well, or wells, shall be located so as to be representative of the quality of water generally available for the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards
      2. The water quality of the water produced from the test well must meet TCEQ standards of water quality required for community water systems either with, or without, treatment to the water.
      3. The subdivider shall have prepared and provide a copy of groundwater availability study which shall include an analysis of the 30 year quantity of the available groundwater supplies relative to the ultimate needs of the subdivision.
   3. Establishment of a Retail Public Utility. Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider may establish a retail public utility and obtain a Certificate of Convenience and Necessity from TCEQ if:

      1. If surface water is the source of supply, the subdivider shall have provided evidence that sufficient water rights have been obtained and dedicated either through acquisition or wholesale supply agreement that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than 30 years.

      2. If groundwater is the source of the water, the subdivider shall have prepared and provided a copy of a groundwater availability study which shall include an analysis of the 30 year quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision.

      3. The public water system, the water quality and system design, construction and operation meet the minimum criteria set forth by TCEQ;

      4. The retail public utility has, or will have, the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years; and
      5. The subdivider has paid the cost of water meters and other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with the connection to the public water system so that service is immediately available to each lot.
3. Alternative Water Source Approval and Compliance Required. The use of either alternative method to provide water service is subject to:
   1. Approval of the Vinton Village Council and TCEQ;
   2. Compliance with the VDS; and
   3. Compliance with all applicable construction codes, fire, and life safety codes of the Village.

1. Sanitary sewer service for new parcels proposed for development shall be provided by El Paso Water in accordance with the VDS and the Planning Capacity Plan (Capital Improvements Program)  to provide adequate service for the development's demand for such service. Sanitary sewer lines shall be installed to facilitate connections to adjoining undeveloped properties. ​
2. Applicants proposing new development, or redevelopment, shall consult with the El Paso Water and the Village to determine if adequate sanitary sewer capacity is available.
3. Sanitary sewer facilities shall be provided to meet all requirements of El Paso Water.

1. General. Most existing development in the Village utilizes an OSSF system. OSSF systems shall continue to be permitted, as set out below:
   1. The use of OSSF for the treatment and disposal of wastewater shall be subject to by El Paso County.
   2. The minimum lot area for residential subdivisions shall be a minimum one-half acre if a water well is not present on the property. If a water well is present, the minimum lot area shall be one acre.
   3. An OSSF shall conform in all respects to the standards and specifications of El Paso County and the State of Texas.
   4. The continued long term use and maintenance of an OSSF system is permitted.
2. El Paso Water.  El Paso Water is extending sanitary sewer service to the Village. Upon the availability of that service, the regulation set out below shall be applicable:
   1. New OSSF Service. The Village will allow the issuance of a permit for a new OSSF if the following criteria are met:
      1. Public sanitary sewer service is not available to the property;
      2. The property is not included in a public or privately funded project where sanitary sewer service is proposed to be extended to the property;
      3. An existing, or proposed, sanitary sewer service main is located more than 200 feet from the from the front of any lot proposing a new OSSF; and
      4. The proposed OSSF is approved by El Paso County.
   2. Maintenance or Replacement of an Existing OSSF.
      1. Maintenance of an existing OSSF systems is permitted.
      2. Replacement of an existing failed, or failing, OSSF system is not permitted if any one of the following criteria is met:
         1. Public sanitary sewer service is available to the property;
         2. The property is included in a public or privately funded project where sanitary sewer service is proposed to be extended to the property; or
         3. An existing, or proposed, sanitary sewer service main is located less than 200 feet from the from the front of any lot proposing a new OSSF.
      3. For existing OSSF systems annexed into the Village, those systems are entitled to continue to use those systems provided that they comply with all applicable County and State standards until such time as when the OSSF needs to be refurbished or replaced. If the OSSF is located within 200 feet an existing or proposed sanitary sewer main, the property owner shall be required to connect to the existing or proposed sanitary sewer main, at the property owners expense, if the cost of replacing or refurbishing the OSSF exceeds the cost of tying on to the sanitary sewer main. The Village Council may consider a waiver from this requirement when practical engineering considerations or other site specific consideration would result in a hardship.

   3. Pit privies, portable toilets, on-site sewerage facilities that do not meet the requirements set out by TCEQ and are strictly prohibited.

3. Alternative Organized Sewerage Facilities. Subdividers who propose the development of an organized wastewater collection facilities must obtain a permit from TCEQ and approval from the Village Council.

4. Alternative Connection to Organized Sewerage Treatment Facilities. Subdividers who propose to dispose of wastewater by connection to an organized wastewater treatment system must obtain approval from the Village Council and provide the Village with a written agreement with the retail entity that stipulates that:

   1. Engineering plans comply with all TCEQ permitting requirements;

   2. The subdivider has paid all of cost of all fees associated with the connection to the wastewater collection and treatment system so that service is immediately available to each lot; and

   3. The public or private entity has the ability to treat the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of 30 years.

Extension of Water and Sewer Mains.

1. Except when expressly stipulated in an Annexation Service Plan, the Village is not obligated to extend sanitary sewer lines to provide sewage service at the expense of the Village.

2. The Village is obligated to allow owners to tie in to existing utilities when capacity is available and the owner bears the expense of extending utilities to a property.

3. Requests for such an extension must be provided to the Village Administrator.

4. Appeals from the decision of the Village Administrator for such an extension may be considered by the Village Council.

Distressed County Platting Standards. The utility standards of this Section are supplemented by the requirements set out in Sec. 5.02.11, Distressed County Platting Standards.

Greywater Systems for Reuse of Treated Water.

1. Organized or Municipal Sewerage Systems. Any proposal for sewage collection, treatment, and disposal which includes greywater reuse shall meet minimum TCEQ criteria.
2. On-site Sewerage Facilities. Any proposal for on-site sewage disposal which includes provisions for greywater use shall meet the minimum criteria of TCEQ  and those promulgated by the Texas Department of Health.

Gas Utility. The subdivider is responsible for provision of gas for the subdivision from the nearest gas system available, at the subdivider's expense and installed to the specifications of the gas utility provider and the Village Engineer. Service facilities shall be extended to facilitate connections to adjoining undeveloped properties.

Electric Utility. The subdivider is responsible for the provision of electrical connections from the nearest electrical system available, at the subdivider's   expense and installed to the specifications of the electric utility provider. The point of service for the electric utility shall be near the property line of the premises to be served. Services and facilities shall be extended to facilitate connections to adjoining undeveloped properties.

1. Utility easements shall be provided in all developments as stipulated in this Section, the VDS, and where required by any utility provider.
2. All utilities shall be located underground in a utility easement or within a right-of-way.
3. Any utility required to be placed above ground due to the nature or scale of the utility or the technology involved, such as primary electrical service, shall:
   1. Be placed on a steel pole or another material with comparable strength and durability; and
   2. Be approved by the Village Engineer and the affected utility provider.

1. Easements Required. When any water body, watercourse, or drainage channel is located in an area being subdivided:
   1. The subdivider shall dedicate drainage easements sufficient to provide  for maintenance of the drainage facility or to encompass the regulatory floodplain; 
   2. A drainage easement is not considered to be a part of a street right-of-way, except if required by TXDOT; and
   3. Habitable lots shall not encroach upon or into a regulatory floodplain.
2. Finished Floor Elevations Required. Lots adjoining a regulatory floodplain shall show the minimum required finished floor elevation (FFE) of each lot on the Final Plat, a minimum of one foot above the regulatory flood elevation, except where the building code,  FEMA, or another agency with jurisdiction requires a greater FFE.
3. Water Quality. Stormwater management is subject to compliance with the VDS and the BMP standards of the National Pollution Discharge Elimination System (NPDES), TCEQ, and the El Paso County Storm Water Management Program, as amended.
4. The scope of the drainage easement must be supported by an approved drainage plan designed in accordance with the VDS and Stormwater Management Plan.

1. The minimum width of a utility easement is:
   1. 10 feet along each side of rear lot lines; and
   2. Five feet on each side of interior side lot lines.
2. Utility easements may be required to have a greater width at certain locations based on the size and extent of utility improvements in an easement, the needs of the utility, or safety considerations;
3. Where a side lot line abuts a property outside of a subdivision on which there is no rear or side lot line easement of at least five feet in width, the side lot line utility easement will be a minimum of 10 feet in width; and
4. The Village, and any utility, reserves the right to require easements with great widths, different locations, and for multiple purposes, as necessary to adequately serve a development and the Village at large.

1. Fire lanes and emergency access easements shall be provided in accordance with the requirements of West Valley Fire Department and the Fire and Life Safety Codes; and
2. Additional fire lane or emergency access easement widths may be required, based on the nature of the development proposed.

1. Easements are considered a part of the lot area, for purposes of minimum lot size requirements and for purposes of property maintenance.
2. All weeds, grass, debris, and landscaping within the easement is the responsibility of the property owner, or a  Property Owner Association.

1. Show the entirety of the development project, as required in Sec. 9.04.01, Preliminary Plats;
2. Propose contemplated phasing lines;
3. Indicate when required public improvements will be constructed; and
4. Demonstrate how the proposed phasing boundaries relate to implementation of each of the subdivision design standards, as set out in this Subchapter.

1. Sequencing the order of the proposed phases; and
2. The timing of when final plats of phases must be filed, approved, and recorded in order to provide required essential public improvements, such as:
   1. Development entrances;
   2. Drainage improvements;
   3. Utility improvements; or
   4. Required open space for any contemplated public improvements.

1. Minor changes to the Phasing Plan, such as a boundary line between phases or any change recommended by the Village for the benefit of the public, may be approved administratively; and
2. Major changes, such as the sequencing or timing of phases that would affect when public improvements are required to be completed, are subject to Planning and Zoning Commission review and Village Council approval. 

1. The purpose of this Section is based on the goals set out in the Vinton Comprehensive Plan;
2. The requirements of this Section are designed to insure that the need for parkland that arise from new development is proportionate to the developments that generates the need for park land;
3. When new development occurs, a reasonable contribution is to be made for parkland from those persons generating the demand for more parkland; and
4. In some instances, the need for parks and improvements may be addressed most effectively through the development of community parks serving several neighborhoods or by adding improvements to existing parks in close proximity to the new development, or by providing usable open space as development bonuses with new development.

1. Parks shall be distributed equitably across the entire Village;
2. Areas of the Village that are underserved will be given top priority for new parks;
3. It is desirable to provide a variety of park sizes and improvements; 
4. It is desirable to consider a variety of public or private park alternatives as parks and usable open space in the areas where the residents who would use these spaces reside;
5. All fees in lieu of parkland fees, should be applied equitably and proportionately to the immediate area where each fee is collected; and
6. Development incentives that encourage public park dedication with public park improvements, clustering to preserve open space, and private recreation spaces with recreation improvements are all desirable and may be considered as alternatives.

1. The Village is:
   1. Traversed by numerous arroyos, floodplains, and areas subject to periodic inundation and areas with hazardous terrain that should remain in a natural condition;
   2. Partially developed, or underdeveloped; and
   3. In the process of transforming into a suburban Village concurrent with utility availability.
2. Based on those considerations, residential developments of all varieties will:
   1. Be common on small to moderate sized tracts, as in-fill development, or redevelopment;
   2. Could be clustered to avoid natural hazards, maximize utility service, and conserve resources;
   3. Use the open space/density incentives set out in Sec. 3.02.02, Development Standards, to provide amenity areas, usable open space, and avoid natural hazards; and
   4. Trend toward higher density development options to compensate for the feasibility develop property. 
3. As a consequence of these considerations, a developer may reserve usable open to be dedicated as public parkland, or to be platted as a common open area maintained by a Property Owner Association. Through either method, parkland or open space will be provided to the residents that generate the demand.   
4. Through the planned development process set out in Sec. 9.04.10, Planned Development Site Plans, the Village can review the land proposed to be dedicated as parkland or as usable common space and determine if there are opportunities for a public/private partnerships to develop the open space or common area, or to facilitate a school district partnership for the same.

1. Single-family residential and duplex developments shall convey eight percent of the area of developments as public parkland through the conveyance of fee simple title of suitable parkland to the Village.
2. The parkland conveyance shall not:
   1. Infringe on sub-surface interests severed from a surface estate. Retention of subsurface interests is not be considered an encumbrance;
   2. Be subject to any reservations of record, encumbrances, or easements which would interfere with the use of the land for park purposes;
   3. Be used to satisfy any other required conveyance by the subdivider to the Village, except as specifically provided in this Section; or
   4. Convey land that is not desirable as parkland or for open space.
3. Multiplex, Townhome, Condominium, Apartment, Mixed Use Residential, Manufactured Home Parks, Recreational Vehicle Parks, Group Homes, and other specialize housing forms are required to pay the fee in lieu of parkland on a per dwelling unit basis.
4. Exemptions. This Section shall not apply to the following:
   1. Any subdivision for which a preliminary plat or application was filed prior to the effective date of this UDC;
   2. Alterations or expansion of an existing residential unit or a building of multiple units where no additional residential units are created and where the use is not changed; 
   3. The construction of accessory buildings or structures, including an ADU;
   4. The replacement an existing manufactured home;
   5. The replacement of a destroyed or partially destroyed residence; and
   6. Replats or amending plats where the development density will not increase.

1. Size.  A park less than one acre may only be approved if the Village Council finds that:
   1. A public benefit would be derived based on usability of the park and proposed improvements; and
   2. The park would address a public need or goal identified in the Vinton Comprehensive Park and Open Space Plan or Comprehensive Plan.
2. Location. The parkland shall be located adjacent to schools or ponds when possible to allow shared facilities;
3. Parkland Improvement Standards.
   1. Proposed park improvements shall be designed and installed to meet the minimum standards of the VDS, ADA, and U.S. Consumer Protection Report 325;
   2. Where possible, parklands shall be designed and located to allow for an extension or connection to other park and recreational facility that abut the subdivision; and
   3. Water and sewer stub outs shall be provided to all parkland conveyed to the Village.
4. Public Improvements Required. Parkland conveyed to the Village shall be improved as set out below:
   1. Paving frontage, curbing, gutter, and utility extensions for all street frontage abutting the perimeter of the parkland;
   2. An accessible route installed adjacent accessible parking spaces and the curb of all street frontage abutting the perimeter of the park, with ADA compliant signage, width, and related construction standards; and
   3. Grading, erosion control, irrigation, landscape plans, indicating areas where existing vegetation, slopes, or arroyos will be preserved in an undisturbed condition and where natural vegetation will be preserved to satisfy BMP standards for stormwater runoff water quality.

1. When a subdivision contains areas held in common for the welfare of the subdivision and its occupants that is not maintained by the Village or another public agency, the Village shall require the establishment of a mandatory Property Owner Association.
2. The association will assume, and be responsible for, the continuous and perpetual operation, maintenance, and supervision of such improvements.
3. In no case shall the Village be responsible for maintaining any private improvements managed by a Property Owner Association.

1. All CCRs are private restrictions not enforceable by the Village. The Village will only review said restrictions for "legal form" to ensure that restrictions comply with the requirements of this Section.
2. In the event that the Village is required to invoke enforcement options to remove or maintain any improvements in a public right-of-way or easement that were the responsibility of a  Property Owner Association, the Village is indemnified and shall be held harmless from any and all costs, expenses, suits, demands, liabilities, or damages, including attorney's fees and costs of suit,  that may be incurred or result.

1. TLGC § 232, Subchapter C, establishes platting requirements in certain economically distressed counties. El Paso County and the Village of Vinton are subject to those requirements; and
2. 31 TAC (Natural Resources and Conservation), Part 10 (Water Development Board), Chapter 364 (Model Subdivision Rules), Subchapter C (Model Rules, Municipality), Division 2 (Municipalities), Rule § 364.91, establishes minimum subdivision requirements for  plats in municipalities and in the ETJ of municipalities.

1. The UDC shall be applicable to the subdivision of tracts of land in the corporate limits of the Village and the Village ETJ into two or more lots of five acres or less for residential purposes;
2. Preparation of a subdivision plat to be approved by the Village and filed for record with the County Clerk upon approval;
3. Water supply standards consistent with the standards developed by the Texas Water Development Board (TWDB), as set out in 30 TAC Chapter 290;
4. Individual water wells or non-public water systems that do not meet the water quality standards developed by the TWDB and set out in 30 TAC §§ 290.104, 290.106, 290.108 and 290.109, are prohibited;
5. Wastewater collection and disposal system standards shall be consistent with the standards developed by the TWDB as set out in 30 TAC Chapters 305 and 317 and in the Health and Safety Code, Chapter 366;
6. Pit privies, portable toilets, and on-site sewerage facilities that do not meet the wastewater treatment standards developed by the commission and set out in 30 TAC Chapter 285 are prohibited;
7. Setback requirements shall be consistent with Village Fire Code requirements;
8. More than one single family detached dwelling per subdivision lot shall be prohibited;
9. An engineer's report consistent with § 364.52 of 31 TAC shall be prepared; and
10. Requirements for the posting of a financial guarantee to assure completion of water supply and sewer service facilities required by the approved plat shall be provided consistent with 31 TAC, Chapter 364.

1. The Vinton Design Standards (VDS) and the UDC;
2. The Vinton Future Thoroughfare Plan (Vinton FTP); and
3. The need for transportation improvements resulting from the from a site plan, plat, or any other development process regulated by the UDC.

1. Providing public streets, sidewalks, and, when applicable, trails, that comply with all VDS and UDC design criteria and requirements;
2. Extending and connecting existing public streets, sidewalks, and, where applicable, trails, with existing or proposed streets, sidewalks, and trails;
3. Providing all necessary property interests, including rights-of-way, and where necessary, easements, for proposed public streets, sidewalks, and trails;
4. Providing reports and inspection results showing that proposed public streets, sidewalks, and trails will be, and were, constructed in accordance with all VDS and UDC design criteria and requirements;
5. Providing the expansion or extension of public streets, sidewalks, and trails, as shown on approved Village plans, particularly the Vinton FTP, to serve future development;
6. Providing for the initial operation, maintenance, and warranty of public streets, sidewalks, and trails;
7. Providing fiscal security required to warranty the construction of the public streets, sidewalks, and trails; and
8. Complying with all requirements of the utility providers with respect to utilities located adjacent to, or within, the public right-of-way.

1. When a subdivision or development is proposed to be located adjacent to, or served by, a street that does not meet the minimum standards of the Village for roadway construction, pavement design, pavement width, street drainage, or right-of-way width:
   1. The subdivider or developer shall provide improvements to the substandard street or intersections, as necessary to mitigate traffic impacts generated by the subdivision or proposed development, as set out in Sec. 5.03.03, Improvements Required. Required street improvements shall be established through the completion of a Traffic Impact Analysis (TIA) that meets the minimum standards specified in Sec. 5.03.04, Traffic Impact Analysis.
   2. The Village may, at its discretion, participate in the costs to oversize improvements by executing a development or public improvement agreement with the subdivider or developer.
2. Where a subdivision is adjacent to or served by a TXDOT highway, the Village, in collaboration with TXDOT, shall make a determination whether developer participation in the "fair share" cost of any improvements, or if the dedication of right-of-way or any other improvements, such as, but not limited to, drainage or utility relocation, is required.

1. New development must be supported by adequate levels of transportation services, as required and defined in Subchapter 5.03, Transportation Responsibilities, , and as limited by Sec. 5.03.06, Mitigation Limitations and Exemptions.
2. It is necessary and desirable to provide for the dedication of rights-of-way and easements for capital improvements, as limited by Sec. 5.03.06, Mitigation Limitations and Exemptions, to support new development at the earliest stage of the development process.

1. Initial Provision for Dedication or Construction.
   1. The Village shall require the submittal of a preliminary Traffic Impact Analysis (TIA) to demonstrate if a proposed development would be adequately served by existing public facilities and services, as limited by Sec. 5.03.01, Developer Responsibilities or if off-site improvements, such as, but not limited to a traffic signal or turn lane, is required to serve the development at an acceptable Level of Service, as set out in Sec. 5.03.04, Traffic Impact Analysis.
   2. As a condition of approval, the Village may require the dedication of rights-of-way or easements and the construction of on- of off-site capital improvements to serve the proposed development, consistent with the UDC, Vinton FTP, VDS and preliminary TIA recommendations.
2. Deferral of Obligation.
   1. The obligation to dedicate rights-of-way or to construct improvements to serve a new development may be deferred until approval of a subsequent phase of development at the sole discretion of the Village, upon written request of the developer or at the Village's initiative.
   2. As a condition of deferring the obligations, the Village may require that the developer enter into a deferral agreement, as set out in Sec. 5.06.02, Deferral and Permitting, and Sec. 5.02.10, Development Phasing. 
   3. The Village Council reserves the right to specify the timing and sequencing or any other aspect of the deferred improvement, as a condition of the deferral of obligation.

1. In order to achieve proportionality between the demands created by a proposed development on existing transportation facilities and the obligation of the developer to provide adequate transportation facilities, as limited by Sec. 5.03.06, Mitigation Limitations and Exceptions, the Village Council may elect to participate in the cost of improving an existing substandard street.
2. At the discretion of the Council, the Village may agree to relieve the developer of some portion of the obligations of improving the substandard boundary street in response to a petition for relief from a dedication or construction requirements by the subdivider or developer, as set out in Sec. 5.03.03, Improvements Required.
3. Consideration for relief from the obligations of the subdivider or developer shall be assessed by the Village in accordance with the criteria set out in Sec. 5.03.06, Mitigation Limitations and Exemptions.

1. Be eligible for reimbursement by adjoining owners connecting to the public street improvements based on the ratio of the connector's linear front footage to the total linear footage of the public street infrastructure if a connecting property:
   1. Fronts on, or is contiguous on only one side of the public street, the connecting property may be responsible for up to a 50 percent reimbursement of the construction cost for that frontage, or
   2. Fronts on, or is contiguous on both sides of the public street, the connecting property may be responsible for up to a 100 percent reimbursement of the construction cost for that frontage.
2. In order to be eligible for reimbursement for transportation improvements, subdividers or developers must execute a Reimbursement Agreement, as set out in Sec. 5.05.02, Reimbursement Agreements.

1. Dedicate adequate rights-of-way;
2. Improve the street, including appurtenant sidewalks, paths, bikeways, barrier-free ramps, storm drainage facilities, median openings, turn lanes, and water quality by providing temporary (during construction) and permanent erosion control improvements, and utilities to Village and utility provider standards; and
3. Construct or replace the street and appurtenant improvements to VDS, at no expense to the Village.

1. The subdivider share of the improvement to a substandard boundary street or a proposed street designated on the Vinton FTP is one-half of the pavement and right-of-way width of the street. The substandard street shall be designed in accordance with the VDS, Vinton FTP, UDC requirements for the length of frontage adjoining the subdivision or development.
2. The subdivider share for physical improvements to a substandard street or a proposed street designated on the Vinton FTP, where a subdivision or development will be on each side of a substandard or a future street, is the full pavement and right-of-way width. The street shall be designed in accordance with the VDS where each side of the street adjoins both sides of the subdivision or development.
3. The Village may elect to participate in the cost of improving the substandard perimeter road or proposed road in excess of the developer’s fair share obligations where such costs are not borne by another public entity, and in cases where the application of the standards of this Subchapter may result in a disproportional burden on the subdivision or developer, as determined by the Village Engineer and approved by the Village Council.
4. The Village Council may defer the initiation of required improvements, as set out in Sec. 5.06.02, Deferral and Permitting and Sec. 5.02.08, Development Phasing.

1. All substandard streets that border a subdivision or development shall be improved, or provisions shall be established for their eventual improvement to Village standards.
2. If a subdivider or developer elects to widen the pavement of an existing street, the existing pavement shall be cut back a distance required by the Village Engineer to assure adequate sub-base and pavement joint before additional paving material is installed.
3. If a subdivider or developer elects to improve the pavement of an existing street to meet current standards, the subdivider or developer shall be required to submit construction plans for such improvements and provide evidence demonstrate that the street meets Village standards, before the Village can consider accepting the improvements. 
4. When a proposed subdivision abuts both sides of an existing substandard street, or a future street designated on the Vinton FTP, the subdivider or developer is required to complete all of the requirements listed above for each side of the street.

1. The subdivider or developer shall dedicate additional rights-of-way as necessary to complete the desired street width from the desired street centerline to the final edge of right-of-way. Dedication of more than half this additional increment may be required, in some instances, to maximize use of the existing roadway or to ensure a consistent street alignment with a minimum of undesirable curvature.
2. If a subdivision or development includes no more than four single-family residential lots, the subdivider or developer is only required to dedicate an amount of right-of-way necessary to improve the street to Village standards, but is not required to improve the street.

1. The capital improvement project must be planned to be awarded to a contractor for construction within one year following the completion of the development approval that required the improvement as a traffic mitigation improvement; and
2. Credit may only be provided for improvements that directly correlate to a proportionate percentage of the capital improvement.

1. A development proposes an interconnected street system or a mixed use development, and includes pedestrian facilities that will result in fewer trips than isolated, low-density subdivisions; or
2. A development is proposed that will produce fewer and shorter trips than developments subject to conventional zoning.

1. The roughly proportionate fair share utility obligations of the subdivider or developer are:
   1. The  cost of design, engineering, labor, and construction roughly proportional to the utility improvements required by the VDS and the Planning Capacity Plan (Capital Improvements Program); and
   2. The provisions of utility services to all developments, subdivisions, and resubdivisions.
2. Nothing in this Section shall be construed to require any dedication or construction that is not explicitly required by the UDC, VDS, and applicable Building, Fire, and Life Safety Codes and the requirements of each utility.
3. The developer is responsible for the rough proportional cost of:
   1. Phased development improvements to provide adequate utilities and levels of service;
   2. Extension of public facilities, including necessary on- or off-site facilities, to connect to existing and/or proposed utility facilities;
   3. Providing and/or procuring all necessary property interests, including rights-of-way and easements, for the utility facilities, whether on- or off-site;
   4. Providing proof to the Village of adequate utility facilities;
   5. Providing fiscal security required for the construction of the utility facilities;
   6. Providing for the operation and maintenance of the utilities, or providing proof that a separate entity will be responsible for the operations and maintenance of the utilities;
   7. Obtaining approvals from applicable utility providers, West Valley Fire Department, and the Village; and
   8. Providing levels of utility services that meet all minimum utility and construction code standards roughly proportional to the demand generated by the development.

1. Initial Provision for Dedication or Construction.
   1. The Village shall require an initial demonstration that a proposed development shall be adequately served by public facilities and services at the time for approval of the initial development application that portrays a specific plan of development.
   2. As a condition of approval, the Village may require the provision for the dedication of easements or rights-of-way for, and construction of, capital improvements to serve the proposed development, as required by the VDS and all applicable Building, Fire, and Life Safety Codes.
2. Deferral of Obligation.
   1. The obligation to construct one or more capital improvements to serve a new development may be deferred.
   2. As a condition of deferral of obligations, the Village may require the subdivider or developer to enter into a deferral agreement, as set out in Sec. 5.06.02, Deferral and Permitting, and Sec. 5.02.08, Development Phasing. 
   3. The Village Council reserves the right to specify the timing and sequencing or any other aspect of the deferred improvement.

1. When a proposed development abuts property with existing substandard utilities, or no utilities, the subdivider is required to provide a roughly proportional share of the utility facilities to adequately serve the proposed development in accordance with the VDS and all applicable Building, Fire and Life Safety Codes, at no expense to the Village.
2. If an adjoining property with substandard or nonexistent utilities is identified as a utility capital improvements project, the roughly proportionate responsibilities of the subdivider or developer may be affected, as set out below in Subsection F, Relief from Obligations.

Calculation of Cost. The subdivider's responsibility to improve any substandard utilities or to extend utilities may, to achieve a level of service to adequate serve the proposed development to the standards and requirements of the UDC and the VDS, is the complete cost of the required improvements.

Relief from Obligations. 

1. The Village Council, at its discretion, may grant relief from the roughly proportionate fair share utility obligations and responsibilities of a subdivider or developer upon finding that the required improvements: 

   1. Would result in the subdivider or developer paying more than a roughly proportional share of the cost of the improvements;
   2. Are necessary to address a significant public health, safety, or economic development issue; 
   3. Are specified in a Village or utility provider five year capital improvements program; or
   4. Would complete, or facilitate the completion, of a capital improvement project that is:
      1. Under construction; or
      2. Has been funded by the Village or utility provider.
2. If the Council determines that relief is warranted, the Council and the subdivider or developer may enter in to a Development or Public Improvement Agreement, as set out in Sec. 5.05.01, Development and Public Improvement Agreements.

1. The developer may be eligible for reimbursement by adjoining owners connecting to the public utilities based on the ratio of a connector's linear front footage to the total linear footage of the infrastructure. If a connecting property:
   1. Fronts on, or is contiguous on only one side of the subject infrastructure, the connecting property may be responsible for up to 50 percent reimbursement of the construction cost for that frontage; or
   2. Fronts on, or contiguous on both sides of the subject infrastructure, the connecting property may be responsible for up to 100 percent reimbursement of the construction cost for that frontage.
2. In the event that a connecting property desires to connect to utility infrastructure that is not contiguous or front on right-of-way or an easement where water and / or sanitary sewer infrastructure was constructed by the initial developer:
   1. The Village Engineer must determine if the subdivision plat for the initial developer would require less capacity than projected in the initial developer's Reimbursement Agreement.
   2. If the Village Engineer determines that less capacity is required, then the construction cost to be reimbursed to the initial subdivider shall be adjusted based on the projected capacity required by the connecting subdivision plats, excluding the property that did not connect to the utility.  The reimbursement amount for the remaining properties not yet connected shall not be changed from the amounts shown in the Reimbursement Agreement..
3. In order to be eligible for reimbursement for connections to public water and /or sanitary sewer improvements, subdividers and developers must execute a Reimbursement Agreement, as set out in Sec. 5.05.02, Reimbursement Agreements.

1. Extension of all utility lines shall be made along the entire frontage of the subdivision adjacent to a street or right-of-way, per the VDS, the UDC, or the criteria of the affected utility.
2. If natural or man-made constraints preclude the extension of utilities along public rights-of-way, the subdivider or developer, in consultation with the Village Engineer, or an agent from the affected utility, and may consider an alternative location for utilities, provided that the alternative method will facilitate the future extension of the utilities and development of all adjoining properties.
3. If natural or man-made constraints, or other engineering considerations, prevent the extension of utilities to adjoining properties, the Village Administrator, in consultation with the Village Engineer or agent from the affected utility, may waive the requirement to extend utilities to such a property, and may dead-end a utility in accordance with generally accepted engineering and utility practices and all applicable Building, Fire, and Life Safety Codes.

1. Except when expressly stipulated in conjunction with an annexation, the Village or any utility provider is not obligated to extend water or sanitary sewer lines to provide services at the expense of the Village or utility.
2. The Village and utility providers may allow subdividers, developers, or owners to tie onto existing water and sanitary sewer mains when they bear the expense of extending the service line to the property.
3. Requests for a utility connection shall be made to the Public Works Director, who will consult with the utility provider to assess the feasibility and practicality of the request. Requests that are denied may be appealed to the Village Council.
4. The Village shall not require any use, lot, or acreage, in existence prior to their annexation into the Village to connect to a public or private water system unless the Village determines that a connection is necessary to:
   1. Prevent destruction of property or injury to persons.
   2. Remove or mitigate a public nuisance.
   3. Satisfy applicable Building, Fire, or Life Safety Codes related to the storage or use of hazardous substances or processes.
5. If the Village determines that a utility connection is necessary, the Village shall:
   1. Provide due notice to the affected property owner.
   2. Allow the owner up to one year from the date of the written approval by the Village to complete the requested utility sending the initial notice to make the required service connection.

1. Where the size of water or sanitary sewer lines required to meet the ultimate requirements of the Village is larger than the minimum size of line needed to comply with the obligations of the subdivider or developer, the Village may enter into a contract with the subdivider or developer for excess capacity. 

2. The Village shall provide reimbursement to the subdivider ​for required excess capacity based on the difference between the cost of the minimum line required to be installed and the cost of installing the line size requested by the Village. 

1. Generally. 
   1. The Village may enter into Development Agreements with a developer or subdivider in association with development in the ETJ to provide for the public improvements required by  Subchapter 5.03, Transportation Responsibilities and Subchapter 5.04, Utility Responsibilities.
   2. The Village may enter into a Public Improvement Agreement with a developer or subdivider in association with development in the corporate limits of the Village to provide for the public improvements required by  Subchapter 5.03, Transportation Responsibilities and Subchapter 5.04, Utility Responsibilities.
2. Negotiation and Execution.
   1. The general terms of any special agreement is established by the Village Council during the development approval process.
   2. The specific language of the development agreement, is negotiated between the developer and the Village Administrator, or their designee, and is subject to Village Council approval.

1. Determine if the dedication, acquisition, relocation, installation, or construction of public improvements, in conjunction with a subdivision plat or site plan, is required, and the proportional share of the subdivider or developer and the Village;
2. Determine if the public could benefit by participating with the subdivider or developer to make public improvements greater than the fair share responsibilities of the subdivider or developer to address the needs of the Village; and
3. Require the engineer representing the subdivider or developer to prepare a "Good Faith Engineers Estimate" of the developers fair share cost to complete improvements and the additional cost of the improvements that the Village may consider funding by a special agreement.

1. The Village may enter into a special agreement if the Village Council determines that such an agreement would be in the interest of the public to provide for the long term growth and development of the Village.
2. The following criteria should be used as the basis for determining if the public good would be served by public participation in a special agreement:
   1. Streets.
      1. If a portion of a collector or arterial street designated on the Vinton FTP, and any associated traffic improvements, such as, but not limited to, traffic signals or turn lanes, are determined to be in the interest of the community in general, the Village may participate in cost sharing.
      2. In no case will the Village participate in an agreement if an improvement is determined to be necessary solely for the accommodation of the proposed development.
3. Water and Wastewater Utilities.
   1. If oversizing of a portion of a water and / or sewer system is determined to be in the interest of, and used by, the community in general, the Village may participate in cost sharing.
   2. In no case will the Village participate if such oversizing is determined to be necessary solely for the proposed development.
4. General Terms.
   1. No agreement shall be approved or recorded until the agreement is approved by the Village Council.
   2. The agreement shall specify the amount of the participation to which the Village has agreed.
   3. The subdivider will fully account for all costs incurred in the construction or installation of improvements. The records of the developer relating to these improvements shall be open to the Village at all reasonable times for auditing or cost verification purposes.
5. Village participation may include engineering, site preparation, right-of-way or easement acquisition; or any other elements that directly relate to the proposed improvements agreement.

1. Release of Security. As improvements are completed, the developer may apply to the Village Engineer for a release of part or all of the guarantee. Inspection and approval of those improvements shall be in accordance with Sec. 9.04.07, Acceptance of Public Improvements.
2. Security.
   1. The agreement shall require the subdivider to provide financial security for the required public improvements in accordance with the provisions of the agreement in an amount and form sufficient to insure timely completion of the improvements in accordance with the Village standard of 125 percent of the cost of the improvements.
   2. The proposed security shall be sufficient in the judgment of the Village Engineer and Village Administrator to provide for the construction and / or installation of all required improvements as listed in the agreement.
   3. The Village will include an administrative fee of five percent of the project cost, up to a maximum fee of $1,000, to oversee the construction project should the developer fail to complete the improvements.
   4. Financial security shall be provided to the Village prior to and as a condition of the issuance of a permit to commence development, which shall be prior to final plat approval in the case of subdivision, prior to building permit issuance in the case of site plan approval, or prior to the installation of new utility service or repair of existing public improvements or utilities.
   5. Any security furnished shall not expire for a period of 14 months, or some other term agreeable to the Village and Applicant, after the date of the agreement being executed.
3. Phasing.
   1. Agreement may prescribe the timing, order, and deadlines for the installation, construction, or reconstruction of public improvements in phases.
   2. Any phase of development approved through the agreement must be an integrated, self-contained project consisting of all public improvements necessary to serve the portion of property to be developed as part of such phase.
   3. The Village may impose reasonable conditions on the phasing of development to preserve the integrity of the development or the public health, and safety.
4. Responsible Parties. The parties who are responsible for all aspects of the project, from design to construction, of each improvement shall be identified.
5. Costs. The construction data and good faith estimates must be acceptable to the Village Engineer prior to the submittal of financial security.
6. Construction Data. Itemized construction data prepared by the developer's engineer, subject to approval by the Village Engineer, showing:
   1. A "good faith" engineering estimate of the project costs if public improvements were constructed by the developer without any public participation; and
   2. A "good faith" engineering estimate of the project costs designed with public participation.
7. Terms. The agreement shall identify the public improvements required to be constructed and provide assurances that the improvements will be constructed to the Village's standards in a timely manner and subject to applicable warranty.

1. Generally. Following construction, installation, inspection, and approval by the Village Engineer of all, or a portion of, the required public improvements, the developer may submit a written request that the approved portion be accepted for maintenance by the Village.
2. Guarantee. The developer's limits of responsibility for the improvements shall be in accordance with Sec. 9.04.07, Acceptance of Public Improvements.
3. Release of Public Improvements Agreement and Guarantee.
   1. The developer shall submit a written request for a release from the agreement for that portion of improvements which has been accepted for maintenance by the Village as set out in Sec. 9.04.07, Acceptance of Public Improvements. This request shall be accompanied by proof that there are no outstanding judgments or liens against the improvements within the public rights-of-way, or against property on which easements contain public improvements, as required by the agreement.
   2. The Village Engineer and Village Administrator shall review the request.
      1. If the requirements of the agreement concerning that portion requested for release have been complied with, and the Village has accepted the improvements for maintenance, as set out in Sec. 9.04.07, Acceptance of Public Improvements, the appropriate document of release set out in a form approved by the Village Attorney, shall be executed by the Village Administrator.
      2. In the event that the Village Engineer determines that any of the agreed-to improvements are not constructed or installed in substantial compliance with approved requirements, plans, standards, or specifications, a list of specific deficiencies shall be prepared, in writing, by the Village Engineer and forwarded to the developer.
      3. The Village Administrator shall be entitled to withhold a security amount sufficient to ensure compliance.
      4. If the Village Administrator determines that the developer will not construct or install any or all of the improvements in accordance with the approved agreement, the Village Administrator shall draw and expend from the deposit of collateral adequate funds necessary to complete those improvements.

1. Upon expiration of the limits of responsibility established in the agreement, the developer may request a letter of acceptance and release of responsibility.
2. Upon issuance of the letter of acceptance and the release of responsibility, all responsibility for the improvements shall be assumed by the Village.

1. Sec. 5.03.01, Responsibilities of the Subdivider or Developer; and
2. Sec. 5.04.01, Utility Responsibilities.

1. The subdivider or developer may be entitled to relief upon determination of the Village Engineer that improvements proposed by the subdivider would provide excess capacity above and beyond the fair share of the cost of providing an adequate level of service to the proposed subdivision.
2. Criteria for determining if the subdivider or developer is entitled to relief from their obligations are set out in:
   1. Sec. 5.03.02, Essential Nexus; and
   2. Sec. 5.04.01, Utility Responsibilities, Subsection F, Relief from Obligations.
3. The process and procedures for Village consideration of a reimbursement agreement set out in this Section shall be executed by the Village Administrator, upon approval of the Village Council.

1. Upon approval of construction drawings by the Village Engineer, the initial subdivider who constructed the street or utility infrastructure improvements accepted by the Village may file an application for a reimbursement agreement that includes:
   1. An itemized good faith engineering estimate of the total cost to complete the subject public improvement;
   2. An engineering report and the methodology used to determine the fair share responsibility of the subdivider or developer to provide the subject improvement;
   3. A determination of the excess capacity that would be derived by the public upon construction of the subject improvement; and
   4. The basis in which the subdivider or developer would submit a reimbursement connection fee and the rationale used to derive the proposed fee, to be assessed on a per lot or per acre basis as properties are developed and connect to the subject public improvement.
2. Upon the Village finding the reimbursement application is satisfactory, the subdivider shall draft a proposed Reimbursement Agreement on a form approved by the Village Attorney for Village Council consideration and approval. 
3. Upon approval of the Reimbursement Agreement, the Village shall require connectors to pay the prescribed reimbursement amounts. The Reimbursement Agreement shall not be executed until after the time in which an appeal, and resulting public hearing, has expired, or that any public hearings, if an appeal was filed, are completed.
4. The initial subdivider or developer must apply for a Reimbursement Agreement within 120 days of initial acceptance of the infrastructure. 

1.  Assessed and collected by the Village at such time as any connection to the improvement is requested, unless otherwise prescribed in the agreement; and
2. Refunded to the subdivider or developer in the method prescribed in the agreement.

1. Persons who connect to the subject public improvement are required to pay the entire reimbursement amount applicable to the entire property that is subject to a reimbursement agreement regardless of whether the property is subdivided.

2. Payment shall be made upon execution of a Reimbursement Agreement or at time of connection, whichever occurs sooner.

3. If prior to payment of the reimbursement amount, the subdivider or developer has subdivided the property and sold a portion to other owners, the connector shall be required to pay only their pro rata reimbursement amount for their entire remaining property, as determined by the Village Engineer.

4. Notwithstanding the foregoing, payment by individual residential lots is not allowed unless the individual lot existed and was occupied but not connected to the infrastructure at the time the reimbursement agreement was executed.

5. Refunds or credits of reimbursement amounts shall not be made as a result of reducing the number of lots in a subdivision plat.

1. Interest and depreciation shall be applied the following rates:
   1. A set annual interest rate of 3 percent appreciation for years one through 10; and
   2. A set annual depreciation rate of 3 percent for years 11 through 15.
2. There shall be no reimbursement payments on or after the expiration of 15 years from the date of initial acceptance of the water, wastewater, drainage or street infrastructure eligible for reimbursement.
3. After the expiration of 15 years, connectors have no obligation to make reimbursement payments.

1. The Village specifically shall not guarantee payment of any portion of the reimbursable amount.
2. Nothing shall be deemed or construed to be a pledge of the Village's faith and credit in facilitating the equitable apportionment of the construction cost of the infrastructure.
3. It shall be the initial subdivider's or developer's obligation to be aware of the Village's development process, and to timely apply for a reimbursement agreement.

1. If construction has not commenced within one year after approval of construction plans:
   1. Construction plan resubmittal may be required by the Village to meet all UDC, VDS, and Stormwater Management Plan  and utility provide requirements;
   2. If plans are required to be resubmitted, the plans shall be reviewed and comments provided within 30 days of the resubmittal; and
   3. A resubmittal fee would be required to be paid with the resubmitted plans.
2. If public improvements for a subdivision have not been constructed and accepted by the Village within 36 months of the date in which the corresponding final plat was approved by the Village, the final plat filed in the plat records of El Paso County shall be deemed null and void and be conclusively deemed to have been withdrawn, without further action by the Village.

1. An approved, unexpired, and recorded final plat for which public improvements have not been constructed may be extended once, for a period not to exceed 36 months, at the sole discretion of the Village Council, as set out below:
   1. The Council may extend the life of the approved and recorded final plat for good cause shown by the applicant, if there has been no significant change in development conditions affecting the subdivision plan and the plat continues to comply with all applicable standards and ordinances;
   2. A request for an extension of time to complete public improvements for a subdivision pursuant to these provisions shall be submitted to the Village no later than the date on which the final plat expires;
   3. Requests seeking an extension shall be made in writing with reasons and justifications for the requested extension provided; and
   4. The Village Council reserves the right to require a performance bond, or another form of surety, as a condition of the granting of an extension.
2. All public improvements, including, but not limited to, streets, sidewalks, drainage ways, and utilities, as required by this UDC, shall be constructed in accordance with all of the standards and specifications for installation in effect at the time that an extension is requested.
   1. Construction plans, and if necessary, the final plat, may need to be updated to conform to standards in effect at the time an extension of the life of the final plat or construction plans is requested; and
   2. The Village may withhold any improvements, permits, and services of any nature, for any development not constructed in accordance with the requirements of the Village after construction plans have expired.

1. Size and Construction.
   1. A Village survey monument shall be set in a poured-in-place, truncated concrete cone of eighth inches minimum diameter at the top, 18 inches minimum diameter at the bottom and shall be a minimum of 36 inches in depth; and
   2. The monument shall be covered with a steel or cast-iron box and cover, based on the VDS standard Village detail.
2. Monument Location.
   1. Monuments shall be installed so that the front property corners of all lots are within line of sight of a monument, or within sight of a line between two adjacent monuments;
   2. Each monument shall be located within the line of sight of another monument;
   3. Monuments shall be located no farther than 2,000 feet apart;
   4. At least one monument shall be placed on each horizontal curve. Two shall be placed if the point of intersection (P.I.) of the tangents leading into the curve falls outside of Village right-of- way; and
   5. No fewer than two monuments shall be placed in single street subdivisions.
3. Perimeter Monuments.
   1. The perimeter boundaries of a subdivision shall be monumented in the field by monuments of two-inch (2") galvanized pipe, not less than 24 inches in length. These monuments shall be placed at all corners, except that when any such corners or points fall within a street or proposed future street, the monuments shall be placed in the site line of the street.
   2. The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least 30 inches long and 7/8 inches in diameter, or by round or square iron bars, at least thirty inches long. These monuments shall be placed at the point of intersection of the river or stream lot line with a meander line established not less than twenty feet back from the bank of the river of stream.
   3. All corner monuments shall be properly set in the ground and approved by a registered land surveyor prior to filing of the final plat.
   4. All street monuments shall be properly set within two years of filing of final plat.

1. Start of Constriction Notice. The Village shall be notified one week before any construction begins in order that proper supervision and inspection may be provided.
2. Pre-construction Meeting. The developer, engineer, and contractor shall request and attend a Pre-construction meeting with the Village Engineer and all utility providers.  Schedule of construction and frequency and type of field inspections and source and number of field tests shall be determined at this meeting.  If on-site or local unprocessed base material is proposed, and/or if “density control” is specified, a representative of the subdivider’s and/or contractor’s field control lab shall also attend the pre-construction meeting.
3. Grading Permit Required. Prior to commencing construction, a Grading Permit, as set out in Sec. 9.03.05, Grading Permit, shall be obtained.
4. Field Inspections.  All construction work, such as street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers, or water mains performed by the developer or their contractor, shall be subject to inspection during construction by the proper authorities of the Village and all utility providers to ensure construction compliance with the VDS and all applicable utility provider standards.
5. Field Control Tests. The following field control tests shall include, but not be limited to, the following:
   1. Utility installation backfill and density tests, as required;
   2. Bedding and backfill of culverts and storms drains and density tests, as required;
   3. Pre-construction inspection of any on-site or local sources of base material; and If directed by the Village Engineer, the testing laboratory shall make a site investigations to determine that quantity of material expected to be produced from the sources or sources or sources meets gradation and Atterberg specifications;
   4. Subgrade preparation including fills, cuts and, ditch excavation. Density tests are required in fills and other areas as determined by the Village Engineer or his agent.  Approval is required of Subgrade preparation prior to base placement;
   5. Placement and compaction of base material, when “Density Control” is required:
      1. At a minimum of every five stations of the final lift and at least five additional locations per mile of road for each lift place;
      2. To be performed by an approved testing laboratory with copies furnished to the Village Engineer prior to paving;
      3. After the contractor provides at least a five day notice to the Village Engineer for approval of base to allow time for any Village tests of density and/or thickness; and
   6. Approval can be obtained in 24 hours if:
      1. The contractor has notified the Village Engineer at start of base placement;
      2. Provided the Village Engineer with a schedule for completion; and
      3. Corrected any deficiencies.
6. Pavement of Streets. The contractor shall notify the Village Engineer at least 24 hours prior to start of paving after bases are approved and provide any required data on pavement mixes, tests to be performed, or other quality control assurances as necessary, at least five days prior to start of paving. Pavement placement and consolidation may be inspected at the option of the Village Engineer.
7. Final Inspections.
   1. The contractor or subdivider shall request final inspection in writing.
   2. The Village Engineer and affected utility providers shall make the requested inspection no later than five days following the receipt of the written request.
   3. A written “punch list” listing all deficiencies noted on the final inspection and uncorrected deficiencies from previous field inspections, shall be provided to the contractor within five days following the final inspection.
   4. Utility providers may require additional testing methods, such as camera scoping of utility lines, as necessary, to inspect improvements and if any repairs are necessary prior to final acceptance.
8. Partial Completion. Unless prior arrangement has been made with the Village Engineer, no partial completion will be inspected or approved. Partial completions shall be allowed only after consideration of access, drainage, and other matters related to the well-being and safety of future residents. The Village Engineer shall make the requested inspection no later than 10 days following the written request.
9. Correction of Defects. Defects noted during final inspection shall be corrected within 30 days. Written request for re-inspection for correction of defects will be required unless specifically waived by the Village Engineer.
10. Full Completion Required for Release. Release from the full obligation of Construction Bond or other Construction Security shall not be granted until:
    1. The entire development has been inspected and found acceptable by the Village Engineer and all utility providers and has been approved for release by the Village Council.
    2. The Village shall have full rights to require maintenance under the terms of the Maintenance Bond obligation for any portion of streets, or drainage facilities accepted under partial completion, but the period of the Maintenance Bond obligation shall not start until the Village Council has authorized full release of construction obligation for work completed.
    3. The Village Engineer shall make written notice to the Village Council of satisfactory construction and satisfactory maintenance. Provided that the Village Council finds all conditions of release to have been satisfactorily met, the Village Council shall authorize acceptance and shall cause to be issued a release statement, signed by the Mayor releasing the Owner and Surety form further obligation under the construction bond.

1. Such improvements are not possible or practical to begin or to be completed at the time where they are required to be constructed and completed;
2. The cost estimate for improvements prepared by the developer's engineer is acceptable to the Village Engineer; 
3. The developer shall enter into an agreement, subject to Village Council approval, for the deposit of funds equal to the cost of completing the required public improvements into escrow, with the agreement stipulating all terms, conditions, and timing under which construction shall be accomplished. In accordance with the execution of the agreement, the subdivider or developer would have no further liability for the immediate construction of the required public  improvements; or
4. In lieu of depositing such funds into escrow, the developer may file an irrevocable letter of credit or other security to the Village in an amount equal to 125 percent of the estimated cost of the completion of the public improvements in a form acceptable to the Village Attorney, and approved Council, stipulating the terms, conditions, and timing under which construction shall be accomplished. If the agreement and security are approved, upon executing the agreement, permits may be issued by the Building Official.

1. Receiving favorable recommendation by the Village Engineer verifying the timely progress and probable completion time frame for the required public improvements;
2. Determining that all utility providers are able to provide services; and 
3. The applicant affirming, in writing, that the permits are:
   1. Conditional and at risk, contingent on Village acceptance of required public improvements;
   2. Subject to expiration within six months from date of issuance; and
   3. Constitute grounds to obligate the Village to accept public improvements that fail to meet the requirements of  the UDC and VDS.