Z-04-07-22-12C2 - 7/22/2004ORDINANCE NO. ei t ` r 7" e. i / C' c) �
AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 8 OF THE
CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK,
TEXAS, REGARDING SUBDIVISIONS; AND ENACTING REVISED
SUBDIVISION REGULATIONS IN ACCORDANCE WITH THE CITY
CHARTER AND THE GENERAL PLAN 2000; ESTABLISHING THE
REQUIREMENTS FOR APPROVAL OF CONCEPT PLANS, PLATS,
REPLATS AND VACATIONS WITHIN ITS CITY LIMITS AND
EXTRATERRITORIAL JURISDICTION; DEFINING TERMS;
ESTABLISHING PARKLAND REQUIREMENTS; ESTABLISHING
IMPROVEMENT STANDARDS AND DESIGN PRINCIPLES;
PROVIDING UNIFORM REGULATIONS FOR UTILITIES,
STORMWATER DRAINAGE FACILITIES; ESTABLISHING FEES;
PROVIDING CERTAIN PENALTIES AND REMEDIES; PROVIDING
FOR A SAVINGS CLAUSE AND PENALTY CLAUSE; AND
REPEALING ALL CONFLICTING ORDINANCES OR RESOLUTIONS
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Round Rock directed
the Planning and Zoning Commission to study the Subdivision
Ordinance adopted in 1966, revised in its entirety in 1970 and as
amended and the present status of development in relation to
changing conditions and the needs of the Community as part of a
comprehensive planning program; and
WHEREAS, after review and public hearings, the Planning and
Zoning Commission issued its report, recommending that the
Subdivision Ordinance be revised by adoption of new standards,
provisions and regulations; and
WHEREAS, public notice was given and public hearings were
held in accordance with the provisions of the Texas Local
Government Code; and
(APFD ,p, ODMA' WORT.. DOVO IWDOX!ORDINANC,000722C2.WPD.,
WHEREAS, the City Council of the City of Round Rock, Texas,
finds that it is in the best interest of the citizens of the City
of Round Rock to adopt the revised Subdivision Ordinance for the
purposes of promoting health, safety, morals and the general
welfare of the community, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS, THAT:
Exhibit A is hereby adopted as the Subdivision Ordinance of
the City of Round Rock, Texas, for the regulation and control of
subdivisions as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of said
Exhibit A are hereby referred to, adopted, and
as if fully set out in this ordinance. Chapter 8, Code of
Ordinances, 1995 Edition, City of Round Rock, Texas, is hereby
amended in its entirety to read as set forth in Exhibit A.
II.
This ordinance shall become effective on the 1st day of January,
2005.
made a part hereof,
lu.
All applications submitted on or after January lst, 2005 shall
comply with this ordinance and itsExhibit "A "when the application
is the first application in the series of applications required for
the approval process set forth in this ordinance.
2
IV.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at
which this Ordinance was adopted was posted and that such meeting
was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as
amended.
READ and APPROVED on first reading this the day of
. day of
ATTEST:
, 2004.
READ, APPROVED and ADOPTED on second reading this the
CHRISTINE R. MARTINEZ, City Secretary
3
CHAPTER 8: SUBDIVISIONS
SECTION 8.100 GENERAL PROVISIONS
Section 8.101 Title
Section 8.102 Statutory Authority
Section 8.103 Applicability and Jurisdiction
Section 8.104 Exceptions
Section 8.105 Purposes
Section 8.106 Definitions
Section 8.107 Planning and Zoning Commission
Section 8.108 Standards for Approval
Section 8.109 Interpretation and Validity
Section 8.110 Amendments
Section 8.111 Permit Issuance
Section 8.112 Connection of Utilities
Section 8.113 Non - Recorded Subdivisions
Section 8.114 Certification Regarding Compliance with Plat Requirements
Section 8.115 Enforcement, Violations and Penalties
Section 8.116 Subdivision Fees
8.200 PLATTING PROCEDURES
Section 8.201 Application Procedure
Section 8.202 Review for Application Completeness
Section 8.203 Withdrawal of an Application
Section 8.204 Concept Plan
Section 8.205 Preliminary Plat
Section 8.206 Final Plat
Section 8.207 Minor Subdivision Final Plat
Section 8,208 Replat
Section 8.209 Amending Plat
Section 8.210 Plat Vacation
Section 8.211 Easement Vacation
Section 8.212 Approval Procedure
Section 8.213 Recordation Procedure
Section 8.214 Filing Fees
SECTION 8.300 PARKLAND REQUIREMENT
Section 8.301
Section 8.302
Section 8.303
Section 8.304
Section 8.305
Section 8.306
Section 8.307
Section 8.308
Section 8.309
Parkland Policy and Purpose
Parkland Requirement
Parkland Calculation for Residential Development
Review by Parks Director
Standards for Parkland Dedication
On -site Conveyance of Parkland
Off -site Conveyance of Parkland
Parkland Fee in Lieu of Parkland Conveyance
Parks Improvement and Acquisition Fund
EXHIBIT
nAu
1
SECTION 8.400 IMPROVEMENT STANDARDS AND DESIGN PRINCIPLES
Section 8.401 General Design Principles
Section 8.402 Design and Construction Standards
Section 8.403 Traffic Impact Analysis
Section 8.404 Streets
Section 8.405 Sidewalks
Section 8.406 Medians and Islands
Section 8.407 Intersections
Section 8.408 Acceleration/Deceleration Lanes
Section 8.409 Driveways
Section 8.410 Bike Ways
Section 8.411 Signage, Striping and Signalization
Section 8.412 Street Lighting
Section 8.413 Subdivision Walls
Section 8.414 Street Names and Addresses
Section 8.415 Lots
Section 8.416 Blocks
Section 8.417 Easements
Section 8.418 Postal Delivery Service
Section 8.419 Subdivision Identification Signs
Section 8.420 Alternative Standards Agreement
Section 8.421 Rural Standards
Section 8.422 Protected Trees Related to Platting
SECTION 8.500 UTILITIES
Section 8.501
Section 8.502
Section 8.503
Section 8.601
Section 8.602
Section 8.603
Section 8.604
Section 8.701
Section 8.702
Section 8.703
Section 8.704
Section 8.705
Section 8.706
Water System
Wastewater System
Oversize Mains
SECTION 8.600 STORMWATER DRAINAGE FACILITIES
General Policies
Stormwater Drainage Facilities
Computations and Plans
Subdivision and Addition Plats
SECTION 8.700 PUBLIC IMPROVEMENTS
Construction Plans Submission
Construction of Public Improvements
Required Improvements
Fiscal Security
Inspection and Acceptance
Maintenance of Improvements
2
CHAPTER 8
SUBDIVISIONS
SECTION 8.100 GENERAL PROVISIONS
8.101 TITLE
(1)
The regulations in this Chapter 8 shall officially be known, cited, and referred to as the
Subdivision Ordinance of the City of Round Rock, Texas.
(2) It shall be the policy of the City to consider the Subdivision of land and the subsequent
development of the subdivided land as subject to the control of the City pursuant to the
General Plan for the orderly, planned, efficient and economical development of the
City.
8.102 STATUTORY AUTHORITY
This Chapter is adopted under the authority of the Constitution and laws of the State of Texas,
particularly Chapter 212, Municipal Regulation of Subdivisions and Property Development, of
the Texas Local Government Code; other applicable chapters of this Code; and any other
authority provided by law, or as such statutes may be amended.
Regulation of the Subdivision of land and the attachment of reasonable conditions to land
Subdivision is an exercise of valid police power delegated by the State of Texas to the City.
8.103 APPLICABILITY AND JURISDICTION
The owner of any tract of land within the corporate limits of the City or within the
Extraterritorial Jurisdiction of the City as prescribed by state law, as amended, who intends to
develop an Addition to the City or who divides any tract in two (2) or more parts to lay out a
Subdivision of the tract of land, to lay out suburban, building or other lots, or to lay out
streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use
for or the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys,
squares, parks or other parts must have a Plat of the Subdivision or Addition prepared,
approved and recorded in accordance with the requirements of this Chapter. A division of a
tract of land under this Chapter includes a division regardless of whether it is made by using a
metes and bounds description in a deed of conveyance or in a contract for a deed, by using a
contract of sale or other executory contract to convey, or by using any other method. A
division of a tract of land under this Chapter does not include a division of land into parts
greater than five acres, where each part has access and no Public Improvement is being
dedicated,
3
8.104 EXCEPTIONS
A Plat is required for any tract of land divided into two (2) or more parts, as provided for in
Section 8.103 above, except as provided in the Texas Local Government Code or for the
following:
(1)
8.105 PURPOSES
(
(8 )
The division of land into parts greater than five (5) acres each, each part having access
to a public street, where no Public Improvement is dedicated;
(2) The acquisition of land by the City, County or State for public facilities; or
(3) The acquisition of land by a public utility for the purpose of providing or housing
needed infrastructure in order to provide utility service to an immediate area.
The provisions of this Chapter are adopted to protect and provide for the public health, safety
and general welfare of the City as provided below:
(1) To guide the future growth and development of the City in accordance with the General
Plan;
(2) To provide for adequate light, air, and privacy, to secure safety from fire, flood, and
other danger, and to prevent overcrowding of the land and undue congestion of
population;
(3) To protect the character, social, and economic stability of all parts of the City;
(4) To encourage the orderly and beneficial development of the City through appropriate
growth management techniques assuring the timing and sequencing of development;
(5) To guide public and private policy and action in order to provide adequate and efficient
transportation, water, wastewater, schools, parks, and other Public Improvements and
facilities;
(6) To provide for the most beneficial relationship between the uses of land and the
circulation of traffic throughout the City;
To establish reasonable standards of design and procedures for Plats and Replats of
land in order to further the orderly layout and use of land;
To ensure that Developers provide for the required Public Improvements attributable to
development;
(9) To prevent the pollution of air and water; to assure the adequacy of drainage facilities;
to safeguard the underground water reserves; and to encourage the use and
management of natural resources throughout the City;
4
(10) To provide for parkland and open spaces through the most efficient design and layout
of the land;
(11) To ensure that land is subdivided to provide for uses of land for which market demand
exists and which are in the public interest;
(12) To prevent the creation of divisions of land or development of substandard Public
Improvements in violation of this Chapter; and
(13) To minimize the long term costs to the City for repair and maintenance of Public
Improvements.
8.106 DEFINITIONS
For the purposes of this Chapter, the following words, terms and phrases, shall have the
meaning ascribed to them except where the context clearly indicates a different meaning:
(1) Abut or Abutting shall mean to physically touch, border, or share a common property
line. This tenn indicates a closet proximity than the term "adjacent."
(2) Addition shall mean one lot, tract or parcel of land lying within the corporate limits or
ETJ which is intended for the purpose of development.
(3) Adjacent shall mean lying near or close to.
(4) Alley shall mean a public or private way intended for access and service to the rear or
side of a property, but not intended for general traffic circulation.
(5) Alternative Standards Agreement shall mean an agreement between the City and
Developer and /or owner of the land that modifies the regulations herein.
(6) Block shall mean a unit of land bounded by streets or by a combination of streets and
public land, railroad rights -of -way, waterways, or any other barrier to the continuity of
development.
(7) Certify shall mean a declaration made in any manner, oral or written, which provides
reasonable assurance of the accuracy of the declaration.
(8) City shall mean the City of Round Rock, a home rule municipal corporation.
(9) City Council shall mean the City Council of the City of Round Rock.
(10) City Engineer shall mean the head of the Engineering and Development Services
Department of the City, or an authorized representative.
(11) Code or "this Code" shall mean the latest edition of the Code of Ordinances, City of
Round Rock, Texas, as amended.
5
(12) Concept Plan shall mean a plan submitted by a Developer for the purpose of
implementing an integrated development scheme of a proposed Addition or
Subdivision, and to foster general consensus regarding compliance with this Chapter.
(13) Corporate Limits shall mean the boundaries of the City.
(14) County shall mean Travis or Williamson County, Texas, whichever is applicable.
(15) Cul -de -sac shall mean a local street with only one (1) outlet and having an appropriate
terminus for the safe and convenient reversal of traffic movement.
(16) Dedication shall mean the commitment of land, or an easement therein, by the owner,
for the use of the public, and accepted for such use by or on behalf of the public.
(17) Deed shall mean a warranty deed in a form approved by the City Attorney.
(18) Department of Planning and Community Development or Planning Department shall
mean the offices of the City which oversee the administration of the Subdivision
regulations contained in this Chapter.
(19) Desi_n and Construction Standards shall mean the specifications, procedures, and
standards approved by the City Council, as amended for the purpose of regulating the
design and construction of specified Public Improvements, a copy of which shall be
maintained by the City Secretary and available through the Engineering and
Development Services Department.
(20) Developer shall mean the person or entity who submits an application pursuant to this
Chapter. A Developer includes the owner of a tract of land, or an authorized agent of
an owner.
(21) Development shall mean the subdividing of land as well as any man -made change to
improved or unimproved real estate, including but not limited to the construction,
reconstruction, conversion or enlargement of any structure; and any mining, dredging,
filling, grading, paving, excavation or drilling operations.
(22) Development Packet shall mean the set of application procedures and fees maintained
and on file at the Planning Department pertaining to, among other things, the platting
and Subdivision of land.
(23) Easement shall mean an easement dedicated by Plat or separate instrument to and /or
for the use by the public.
(24) Easement, public utility shall mean an easement dedicated by Plat or separate
instrument to and/or for the use by a public utility.
(25) Easement Vacation shall mean the nullification of all or a portion of an easement
established in a previously Recorded Plat or by separate instrument by recording the
vacation instrument with the County.
6
(26) Engineer shall mean a person who is duly Licensed and registered to engage in the
practice of professional engineering in the State of Texas.
(27) Engineer's Report shall mean a written report sealed by an engineer, including
schematic diagrams as appropriate, addressing and describing utility service, drainage,
streets and flood plain issues, and any other items that may be listed in the
Development Packet.
(28) Extraterritorial Jurisdiction (ETJ) shall mean the unincorporated area that is contiguous
to the corporate limits of the City as further provided for in the Texas Local
Government Code, Section 42.021.
(29) Frontage shall mean the line where a parcel of land, lot or site abuts a public street.
(30) General Plan shall mean the planning documents and related materials officially
adopted by the City, as amended, containing the goals, objectives and policies
pertaining to urban growth, community facilities, housing, infrastructure, parks,
transportation and other subjects related to the development of the City. The current
General Plan is known as the "General Plan 2000" as adopted by Chapter 11 of this
Code, but the term shall include all future amendments and revised plans.
(31) Living Unit Equivalent (LUE) shall mean a unit of measurement used to facilitate the
sizing of water and wastewater mains.
(32) Lot shall mean a parcel of land having frontage upon a public street and shown on a
Final Plat of record.
(33) Lot, Corner shall mean a lot located at the intersection of two (2) or more streets.
(34) Lot Double Frontage shall mean any lot having frontage on two (2) streets which are
nonintersecting.
(35) Lot, Flag shall mean any lot whose frontage and access is provided by way of a narrow
projection of the lot to the street.
(36) Lot Line shall mean the boundary of a lot.
(37) Non - Recorded Subdivision shall mean a tract that has been divided, for which a Plat
has not been recorded in the Official Plat Records of the County.
(38) Official Filing Date shall mean the date provided in a schedule adopted by the Planning
and Zoning Commission indicating when a Concept Plan or Plat submittal may be filed
with the City in order to comply with the Planning and Zoning Commission Meeting
calendar.
(39) Off -site shall mean located outside the boundary area of the property to be platted.
(40) Parcel shall mean a contiguous tract of land owned by or controlled by the same person
or entity.
7
(41) Parent Tract shall mean the tract or parcel of land from which the property being
platted is derived and is owned by the Developer of the property being platted;
provided however that the Developer may exclude from the Parent Tract any land in
excess of five hundred (500) acres including the property being platted. The Planning
Director may determine what portion of the Developer's land will be included in the
Parent Tract up to the five hundred (500) acre limit.
(42) Parks Director shall mean the Director of the Parks and Recreation Department of the
City, or an authorized representative.
(43) Park Zone shall mean areas identified on a Park Zone map adopted by City Council.
(44) Peak Hour shall mean the time periods on a typical weekday of 7:00 a.m. to 9:00 a.m.
and 4:00 p.m. to 6:00 p.m., or as otherwise defined by the Transportation Director.
(45) Person shall mean an individual, a corporation, a partnership, a joint venture, an
association or other legal entity.
(46) Planning Director shall mean the Director of the Planning Department of the City, or
an authorized representative.
(47) Planning and Zoning Commission or Commission shall mean the Planning and Zoning
Commission of the City which under state law has responsibility for Plat approval
within the corporate limits and within the ETJ.
(48) Plat shall mean the map describing an Addition, Subdivision or Replat including any
streets, alleys, squares, parks or parts of a tract intended to be dedicated to public use.
(49) Plat, Amending shall mean a change to a Recorded Plat as permitted in Section 8.209
of this Chapter.
(50) Plat, Final shall mean the Plat that is presented to the Planning and Zoning
Commission for final approval.
(51) Plat, Minor Subdivision Final shall mean the Plat that is presented to the Planning and
Zoning Commission for final approval without the submission of a Concept Plan or
Preliminary Plat.
(52) Plat, Preliminary shall mean the Plat indicating the proposed layout of the Subdivision
or Addition that is presented to the Planning and Zoning Commission for preliminary
approval.
(53) Plat, Recorded shall mean the duly approved Final Plat filed in the Official Plat
Records of the County.
(54) Plat Vacation shall mean a Recorded Plat which is vacated through the procedures
described in this Chapter.
8
(55) Predevelopment Conference shall mean a meeting of the Developer and /or his engineer
with the Planning Director; and as needed with the Parks Director, City Engineer,
Utility Director and /or the Transportation Director to identify and evaluate items to be
addressed with the initial submittal through the review of a sketch plan.
(56) Protected Tree shall mean a tree having a circumference of twenty -five (25) inches (8"
diameter) or greater, measured four and one -half (4 1 ) feet above natural grade level
and as further defined in Section 3.1102 of this Code.
(57) Public Improvement shall mean any improvement, facility or service together with its
associated public site, right -of -way or easement necessary to provide transportation,
drainage, public or private utilities, parks or recreational area or use, energy or similar
essential public services and facilities, for which the City may ultimately assume the
responsibility for maintenance and operation or ownership, or both. Public
Improvements include but are not limited to, the following: grading, drainage
facilities, streets and other rights -of -way, potable water system, sanitary sewerage
system, survey monuments, illumination including street lights, traffic control signs
and traffic signalization, landscaping and irrigation, walls, fire protection, sidewalks
and curb ramps, street name signs, traffic control signs, street pavement markings, and
parkland improvements.
(58) Public Utility shall mean an enterprise which provides to the public a utility service
deemed necessary for the public health, safety and welfare; and includes all buildings,
structures and facilities relating thereto.
(59) Recordation shall mean the act of recording a Plat, which has been approved by the
City as required by this Chapter, as an official record in the Plat Records of the Office
of the County Clerk.
(60) Re plat shall mean to resubdivide all or any part of a Recorded Plat, which does not
require the vacation of the entire preceding Plat, but not including an Amending Plat.
(61) Right -of -way shall mean land dedicated by a Plat or by separate instrument to and for
use as a public roadway.
(62) Roadway shall mean the paved area of a street between the face of the curb lines,
including the driving, parking and bicycle lanes.
(63) Stormwater means the runoff or flow caused by rainfall.
(64) Stormwater Drainage Facilities shall mean the system of pipes, appurtenances and open
channels used to collect and transport stormwater.
(65) Stormwater Management shall mean the control and management of stormwater to
minimize the detrimental effects of surface water runoff.
(66) Street shall mean the right -of -way and all associated improvements including, but not
limited to, the sidewalk, curb, gutter, median, roadway and landscaped areas.
9
(67) Street, Stub shall mean a street that has been designed to allow for the future extension
of the street onto or through abutting land.
(68) Subdivision shall mean the division of a lot, tract or parcel of land into two (2) or more
parts.
(69) Subdivision Improvement Construction Plans shall mean engineering plans required by
the City for the construction and installation of Public Improvements necessary to
provide required services for proper development including, but not limited to, plans
for grading, drainage facilities, water and sewer, open space, parks or other
recreational space, streets and illumination of streets.
(70) Surveyor shall mean a person who is a registered professional land surveyor and
licensed by the State of Texas.
(71) Traffic Average Daily (ADT) shall mean the average number of vehicles that pass a
specified point during a twenty-four (24) hour period.
(72) Traffic Impact Analysis (TIM shall mean a report analyzing current and future traffic
movements with and without an Addition's or Subdivision's impact, which includes an
analysis of mitigation measures and which shall be prepared by a licensed Professional
Engineer.
(73) Transportation Director shall mean the Director of the Transportation Services
Department of the City, or an authorized representative.
(74) TCEQ shall mean the Texas Commission on Environmental Quality or its successor.
(75) Utility Director shall mean the Director of the Water /Wastewater Utility Department of
the City, or an authorized representative.
(76) Ultimate One Hundred Year Floodplain (100 -Year Floodplain) shall mean the area of
land that would be inundated by a flood having a one percent (1%) chance of occurring
in any given year based on the expected fully developed state of the upstream
contributing drainage area.
(77) Ultimate Twenty Five Year Floodplain (25 -Year Floodplain) shall mean the area of
land that would be inundated by a flood having a four percent (4 %) chance of
occurring in any given year based on the expected fully developed state of the upstream
contributing drainage area.
(78) Wastewater shall mean solids, liquids, or gaseous materials discharged into an
approved wastewater collection and treatment system.
(79) Wastewater System shall mean the system of pipes and appurtenances used to collect
and transport wastewater.
10
8.107 PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the City, pursuant to Section 12.04 of the Round
Rock City Charter, is vested with the authority to review, approve, conditionally approve, and
disapprove applications for the Plats of land as provided in this Chapter.
8.108 STANDARDS FOR APPROVAL
The Planning and Zoning Commission shall approve a Plat if it conforms to the General Plan
and to the requirements of this Code while taking into account access to and extension of the
City wastewater system, stormwater drainage facilities, and water mains. In rendering its
decision, the Planning and Zoning Commission shall also consider the location of current and
future Streets, alleys, parks, easements, and other required Public Facilities within the City and
its ETJ.
8.109 INTERPRETATION AND VALIDITY
(1) General
The provisions of this Chapter shall be considered to be the minimum requirements for
the promotion of the public health, safety and general welfare. These regulations shall
be interpreted and construed broadly to promote the purposes within Section 8.105.
(a) Public provisions
(2) Rules of construction
These regulations are not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute or other provision of law except as
provided in this Chapter. Where any provision of this Chapter imposes
restrictions different from those imposed by any other provision of this Chapter
or any other ordinance, rule or regulation or other provision of law, the
provision which is more restrictive or imposes higher standards shall control.
(b) Private provisions
These regulations are not intended to abrogate any easement, covenant or any
other private agreement or restriction, provided that where the provisions of
this Chapter are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction, the
requirements of this Chapter shall govern. Where possible, private provisions
not inconsistent with the requirements of this Chapter shall be operative and
supplemental to these regulations.
When not inconsistent with the context, words used in the present tense shall include
the future; words in the singular shall include the plural, and those in the plural shall
include the singular; "shall" is mandatory and "may" is permissive.
11
(3) Severability
8.110 AMENDMENTS
From time to time, the City Council may consider and adopt amendments to this Chapter.
8.111 PERMIT ISSUANCE
If any part or provision or the application of this Chapter to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, the judgment
shall be confined in its operation to the part, provision, or application directly involved
in the controversy in which the judgment shall be rendered and it shall not affect or
impair the validity of the remainder of these regulations or the application of them to
other property owners or circumstances.
(1) Building permits
No building permits, certificates of occupancy, or other permits of any kind shall be
issued by the City for the construction or development of any parcel of land until a Plat
has been recorded in accordance with this Chapter and the requirements of Chapter 3
(Building Regulations) of this Code have been satisfied.
(2) Certificate of Occupancy
Whenever a Plat is required by this Chapter, no certificate of occupancy shall be issued
for a building on a lot within a Plat until such time that the required Public
Improvements serving all lots within the Recorded Plat have been completely installed,
inspected, and accepted by the City as required in Section 8.700 of this Chapter.
8.112 CONNECTION OF UTILITIES
(1) General
A tract of land may not be served or connected with City utilities unless a Plat has been
approved and recorded for said tract of land, nor shall the City have any obligation to
extend utility service to any parcel created in violation of this Chapter.
(2) Applicability
This Section 8.112 shall not apply to a tract of land that was first served or connected
with the City's utilities prior to January 1, 1970.
12
8.113 NON - RECORDED SUBDIVISIONS
(1) Purpose
For tracts of land which existed in their present configuration prior to January 1, 1970,
the City Council finds that strict compliance to the regulations of this Chapter for the
Non - Recorded Subdivisions tnay result in undue hardship. So that the purposes of this
Chapter may be fulfilled, the City Council may modify the requirements of this
Chapter's regulations for those tracts of land recognized as IVon- Recorded
Subdivisions.
(2) Criteria for Recognition of Non - Recorded Subdivisions
(a) Required Findings
The City Council shall recognize a Non - Recorded Subdivision and authorize
the modification of the requirements of this Chapter when an unnecessary
hardship would result from the strict enforcement of this Chapter. In granting
a modification from the requirements of this Chapter, the City Council shall
prescribe only conditions it deems not prejudicial to the public interest.
Modifications from the requirements of this Chapter shall only be granted if the
City Council finds all of the following:
(i) Extraordinary Conditions
That there are extraordinary or special conditions affecting the tract of
land involved such that strict application of the provisions of this
Chapter would cause undue hardship.
(ii) Application of a Substantial Property Right
That the modification from the requirements of this Chapter is
necessary for the preservation and application of a substantial property
right of the Developer.
(iii) Substantial Detriment
That granting modification from the requirements of this Chapter will
not be detrimental to the public health, safety or welfare, injurious to
other property in the area or to the City in administering this Chapter.
(iv) Other Property
That these conditions do not generally apply to other tracts of land in
the vicinity.
(v) Developer's Actions
That the conditions are not the result of the Developer's own actions.
13
(vi) General Plan
That granting modification from the requirements of this Chapter will
not substantially conflict with the General Plan and the purposes of this
Chapter.
(b) Profitability Not Considered
The fact that the tract of land would be of more value should modification from
the requirements of this Chapter be granted may not be considered as grounds
for recognizing the tract of land as a Non - Recorded Subdivision.
8.114 CERTIFICATION REGARDING COMPLIANCE WITH PLAT REQUIREMENTS
On the written request of a Developer, a utility provider, or a governing body, and in
compliance with the Texas Local Government Code, Section 212.0115 as amended, the
Planning Director shall make the following determinations regarding the tract of land identified
in the request:
(1) Whether a Plat is required under this Chapter for the tract of land; and
(2) If a Plat is required, whether it has been prepared and whether it has been reviewed
and approved by the Planning and Zoning Commission or Planning Director, as
applicable.
If the Planning Director determines that a Plat is not required, a written certification of that
determination shall be issued to the requesting party. If the Planning Director determines that a
Plat is required and that the Plat has been prepared and has been reviewed and approved by the
Planning and Zoning Commission, or Planning Director where administrative approval is
authorized, the Planning Director shall issue to the requesting party a written certification of
that determination.
The Planning Director shall make a determination within twenty (20) days after the date the
written request is received and shall issue a written certification of that determination, within
ten (10) days after the date the determination is made.
8.115 ENFORCEMENT, VIOLATIONS AND PENALTIES
(1) General
(a) The Planning Director shall have the primary responsibility to enforce these
regulations and to bring to the attention of the City Attorney, and any other
appropriate authority, any violations or lack of compliance with these
regulations. Any department, agency, employee or enforcement officer of the
City having information regarding an alleged violation to this Chapter, shall
report that information to the Planning Director.
14
(b) No owner, or agent of the owner, of any parcel of land located in a proposed
Final Plat shall transfer or sell any part of the parcel before a Final Plat is duly
recorded with the County Clerk, as provided by Section 8.213, recordation
procedure, of this Chapter.
(2) Violations and Penalties
It shall be unlawful for any person to fail to comply with or violate any section or
subsection of this Chapter. Any person who fails to comply with or violates any of
these regulations shall be subject to the penalties provided below:
(a) Within the Corporate Limits
(3) Civil Enforcement
Any person violating this Chapter shall be deemed guilty of a misdemeanor and
punished by a fine not to exceed Two Thousand and No /100 Dollars
($2,000.00) per day and each day shall constitute a separate offense.
(b) Within Extraterritorial Jurisdiction
A fine or criminal penalty prescribed by this Chapter does not apply to a
violation in the ETJ. The Planning Director shall report violations to the City
Manager and County Judge to determine what action is deemed proper.
The Planning Director shall report violations to the City Manager to determine what
action is deemed proper, and the City Attorney is hereby authorized, without further
authorization from City Council to file suit in district court, in addition to any criminal
penalties to enjoin the violation of any provision of this Chapter. Appropriate actions
and proceedings may be taken by the City in law or in equity to prevent any violation
of these regulations, to prevent unlawful construction, to recover damages, to restrain,
correct, or abate a violation and to prevent illegal occupancy of a building structure or
premises. These remedies shall be in addition to the penalties described in this Section
8.115.
8.116 SUBDIVISION FEES
(1) Concept Plan and Plat Fees
Concept Plans $500.00 plus $25.00 per lot
Preliminary Plats $500.00 plus $25.00 per lot
Final Plats & Replats $500.00 plus $25.00 per lot
Minor Subdivision Final Plat $250.00
Amending Plats $500.00 plus $25.00 per lot*
15
*The $25.00 per lot fee for Amending Plats does not apply if the requested action is
only for a street name change.
(2) Notification Fees
A notification fee of $1.00 per notified property owner for Concept Plans and Replats
will be charged.
(3) Legal Review Fees
(a) A legal review fee of $100.00 will be charged for all Concept Plan and Plat
applications.
(b) A legal review fee of $50.00 will be charged for all vacation applications.
(4) Vacation Fees
Easement Vacations $250.00
Plat Note Vacations $500.00
Building Line Vacations $500.00
(5) Geographic Information System (GIS) and Recording Fees
A GIS and recording fee of $25.00 per lot will be charged.
(6) Parkland Fees
(a) Residential
Single - family (SFR)
Single - family (SF -1)
Single - family (SF -2)
Two - family (TF)
Townhouse (TH)
Multi- family (MF)
Senior (SR)
$200 per acre
$1,200 per acre
$1,600 per acre
$2,800 per acre
$3,200 per acre
$4,000 per acre
$2,000 per acre
(b) Non - Residential
$800 per acre
(7) Oversize Fees, Reimbursement Rate and Interest Rate
(a) Water Oversize Fee $150.00 per LUE
(b) Wastewater Oversize Fee $150.00 per LUE
l 6
SECTION 8.200 PLATTING PROCEDURES
8.201 APPLICATION PROCEDURE
An application for approval of a Concept Plan or a Plat shall be filed with the Planning
Director by the Developer and in accordance with the Official Filing Date schedule.
8.202 REVIEW FOR APPLICATION COMPLETENESS
The Planning Director shall determine if the application for approval of a Concept Plan or a
Plat meets all of the content requirements of this Chapter. An incomplete application will be
returned to the Developer within five (5) working days following the date of filing. The
Planning Director shall describe in writing the noted deficiencies. Upon correction of the
deficiencies, the application may be resubmitted on a subsequent Official Filing Date.
8.203 WITHDRAWAL OF AN APPLICATION
A Developer may withdraw an application for approval of a Concept Plan or any Plat prior to
the review of the respective Concept Plan or Plat by the Planning and Zoning Commission, by
notifying the Planning Director in writing.
8.204 CONCEPT PLAN
(c) Reimbursement Rate $2.60 per inch
diameter per linear foot of oversized main
(d) Interest Rate Five and one quarter percent (5.25 %)
per annum
(1) Purpose and Intent
The purpose of the Concept Plan is to present a layout of a proposed Subdivision or
Addition. The intent of the Concept Plan is to facilitate the review of the proposed
Subdivision or Addition in accordance with the General Plan policies, and, where
applicable, the concurrent review by the Planning and Zoning Commission for original
zoning recommendation for the proposed Subdivision. In addition, the purpose is to
determine the availability of City utilities, streets and drainage.
(2) Platting of Parent Tract
In order to insure the orderly planning of roads, utilities, drainage and other public
facilities, the Parent Tract must be included in a Concept Plan.
17
(3) Predevelopment Conference
The Developer must attend a Predevelopment Conference prior to the filing of an
application for approval of a Concept Plan.
(4) Required
The Developer shall submit a Concept Plan of the proposed Subdivision or Addition
prior to the submission of a Preliminary Plat application for approval by the Planning
and Zoning Commission, when the proposed Subdivision or Addition contains more
than five (5) acres or is located in the ET].
(5) Application Requirements
The Developer shall submit a Concept Plan application that contains all of the
following:
(a) The number of copies specified in the Development Packet with the title of the
Concept Plan appearing on the outside and folded to a size specified in the
Development Packet;
(b) An aerial photo at the same scale as the reproducible drawing;
(c) A location map showing the proposed Subdivision or Addition with a three
hundred (300) foot line drawn around the proposed Subdivision or Addition
with a key referencing the list provided in paragraph (g) below;
(d) A plan that indicates the availability of utilities, streets and drainage to the tract
or identifies the availability of extensions of utilities, streets and drainage
necessary to serve the tract;
(e) A commitment letter stating that an annexation petition will be provided upon
the request by the Planning Director. Said petition shall include a metes and
bounds description labeled as Exhibit "A" with an accompanying sketch of a
size specified in the Development Packet and a copy of the deed showing the
current owner and labeled as Exhibit "B ", if applicable;
(f) A letter from the Developer's engineer describing how the Subdivision will be
served by water and wastewater and how the utilities will interface with
adjacent tracts. The letter must include oversize construction and /or off -site
requirements, if applicable and a general discussion on drainage. If the
Subdivision is to be served by a Municipal Utility District (MUD) or other
authorized utility provider, a letter certifying the availability of utilities must be
provided. If the MUD is in the process of being created, the letter certifying
the availability of utilities must be provided prior to the Final Plat hearing by
the Planning and Zoning Commission for approval;
18
(g
A listing of all property owners within three hundred feet (300') of the
proposed Subdivision or Addition, with addresses as recorded by the
appropriate tax appraisal district;
(h) A Letter of Intent for Parkland Dedication form, as provided in the
Development Packet;
(i)
If applicable, a City approved TIA pursuant to the requirements of Section
8.403;
(j) The Concept Plan drawing which shall include all of the information specified
in the Development Packet;
(k) All other application requirements specified in the Development Packet; and
(1) Payment of applicable fees.
(6) Notice Requirement for Concept Plan
The Planning Department will mail a notice for public hearing, to each property owner
named as required by Section 8.204(5)(g) above. The notice shall state in effect that a
Concept Plan is pending before the Planning and Zoning Commission, and shall
include a disclaimer stating that the notice is for information purposes only and that the
Planning and Zoning Commission will not take into consideration the use of the
property when approving the Concept Plan. The notice for public hearing shall be
mailed not less than ten (10) days prior to the date of the Planning and Zoning
Commission meeting and shall provide the date, place, and time of the meeting.
(7) City Staff Review
After the City staff review and comment period, the Developer shall submit to the
Planning Department the number of corrected copies of the Concept Plan specified in
the Development Packet, along with one (1) reproducible drawing complete with all
required information.
(8) Revisions to Approved Concept Plans
Approved Concept Plans shall be revised in conjunction with the Preliminary Plat when
a minor revision to an approved Preliminary Plat is requested, as provided for in
Section 8.205(6)(a). A request for a major revision to a Preliminary Plat shall trigger
the submittal of a new Concept Plan in conjunction with the major revision requested
and trigger notice requirements provided for in Section 8.204(6).
19
8.205 PRELIMINARY PLAT
(1) Purpose and Intent
The purpose of the Preliminary Plat is to present a detailed layout of the proposed
Subdivision in order to facilitate a review by the Planning and Zoning Commission of
the proposed Subdivision's street and drainage system, easements, utilities, building
lots, and other lots including parkland.
(2) Predevelopment Conference
The Developer must attend a Predevelopment Conference prior to the filing of an
application for approval of a Preliminary Plat, unless waived by the Planning Director.
(3) Required
The Developer shall submit to the Planning and Zoning Commission for approval a
Preliminary Plat of the Subdivision. The Preliminary Plat shall conform with the
Concept Plan. If the Preliminary Plat does not conform with the approved Concept
Plan, a new Concept Plan shall be submitted in conjunction with the Preliminary Plat
and the notice requirements provided for in Section 8.204(7) shall be followed.
(4) Application Requirements
A Preliminary Plat application must contain the following:
(a)
The number of copies specified in the Development Packet with the title of the
Preliminary Plat appearing on the outside to a size specified in the
Development Packet;
(b) A tree survey, at the same scale as the Preliminary Plat, that identifies the size,
species and location of all Protected Trees;
(c) A plan that indicates utilities, streets and drainage together with a plan that
indicates the order in which the phases or sections will be developed to ensure
the orderly extension of utilities and streets;
(d) An Engineer's Report;
(e) A current Phase I environmental assessment as required by federal law, for the
dedicated parkland, if applicable;
(f) If applicable, a copy of the City approved TIA submitted with the Concept Plan
or a revised City approved TIA pursuant to the requirements of Section 8.403;
(g) Certification from a surveyor that the property boundary closes as per
minimum standards set forth by the Texas Board of Professional Land
Surveying Code, as amended, specifically Sections 663.13 - 663.23, which
20
(h)
(i )
include provisions requiring 1:10,000 + 0.10 feet precision for monuments
found or set within the corporate limits of any city in Texas;
A Letter of Intent for Parkland Dedication form, provided in the Development
Packet;
A letter from Williamson County 911 Addressing Division indicating street
name approval;
(j) The Preliminary Plat drawing which shall include all of the information
specified in the Development Packet;
(k) All other application requirements specified in the Development Packet; and
(1) Payment of applicable fees.
(5) City Staff Review
After the City staff review and comment period, the Developer shall submit to the
Planning Department, the number of corrected copies of the Preliminary Plat as
specified in the Development Packet, along with one (1) reproducible drawing with all
required information and an electronic Plat in the format described in the Development
Packet. A Phase II environmental assessment may be required, if the Phase I
environmental assessment indicates that a potential environmental hazard may exist.
(6) Revisions to Approved Preliminary Plats
(a) Minor Revisions to Approved Preliminary Plats
The Planning Director may administratively approve minor revisions to
approved Preliminary Plats. Proposed minor revisions to an approved
Preliminary Plat shall trigger the submittal of a revised Concept Plan in
conjunction with the Preliminary Plat. A minor revision is one that:
Changes the lot size or configuration provided that the total number of
lots does not increase; or
(ii) Changes a local street width or alignment; or
(iii) Changes a utility or access easement.
(b) Maior Revisions to Approved Preliminary Plats
(i)
The Planning and Zoning Commission may approve major revisions to
approved Preliminary Plats. Proposed major revisions to an approved
Preliminary Plat shall trigger the submittal of a new Concept Plan in
conjunction with the major revision requested and trigger notice requirements
provided for in Section 8.204(6). A major revision may include, but is not
limited to the following:
21
8.206 FINAL PLAT
(1) Purpose and Intent
(3) Required
(i) An increase in the number of lots;
(ii) A change to the collector or arterial street layout; or
(iii) A modification of the parkland.
The purpose of the Final Plat is to allow for a review by the Planning and Zoning
Commission of the proposed Subdivision's street and drainage system, easements,
utilities, building Lots, and other lots including parkland, and to establish an approved,
legally recordable Plat of the proposed Subdivision.
(2) Correspondin Fg final Plat
If a Final Plat does not include the entire parcel of land included in the Preliminary
Plat, the Final Plat must correspond to the phasing approved in the Preliminary Plat.
The Developer shall submit to the Planning and Zoning Commission for approval a
Final Plat of the Subdivision in conformance with the Approved Preliminary Plat.
(4) Application Requirements
A Final Plat application must include the following:
(a) The number of copies specified in the Development Packet with the title of the
Subdivision appearing on the outside and folded to a size specified in the
Development Packet;
(b) An abstractor's certificate which shall state the names and addresses of all
current owners and current lien holders of the property described in the Final
Plat. The abstractor's certificate shall be dated no earlier than thirty (30) days
prior to submission of the Final Plat;
(c) A copy of the deed(s) identifying the owners of the property;
(d) An Engineer's Report or a letter from the Developer, if applicable, certifying
that no changes have been made to the Engineer's Report since its previous
submittal;
(e) A current Phase I environmental assessment as required by federal law, for the
dedicated parkland, if applicable and if not provided with the Preliminary Plat;
22
(t) If applicable, a copy of the City approved TIA submitted with the Preliminary
Plat or a revised City approved TIA pursuant to the requirements of Section
8.403;
(g)
(i )
(1)
Certification from a surveyor that the property boundary closes as per
minimum standards set forth by the Texas Board of Professional Land
Surveying Code, as amended, specifically Sections 663.13 - 663.23, which
include provisions requiring 1:10,000 + 0.10 feet precision for monuments
found or set within the corporate limits of any city in Texas;
(h) The Final Plat drawing which shall include all of the information specified in
the Development Packet;
All other application requirements specified in the Development Packet;
Payment of applicable fees.
(5) City Staff Review
After the City staff review and comment period, the Developer shall submit to the
Planning Department the number of corrected copies of the Final Plat as specified in
the Development Packet, along with one (1) reproducible drawing with all required
information and an electronic Plat in a format specified in the Development Packet. A
Phase II environmental assessment may be required, if the Phase I environmental
assessment indicates that a potential environmental hazard may exist.
8.207 MINOR SUBDIVISION FINAL PLAT
(I) Purpose and Intent
The purpose of the Minor Subdivision Final Plat is to allow for a review by the
Planning and Zoning Commission and to establish an approved, legally recordable Plat
of the proposed Subdivision. The Minor Subdivision Final Plat is intended to expedite
the platting process for qualifying Subdivisions by not requiring the submission of a
Concept Plan and Preliminary Plat.
(2) Predevelopment Conference
The Developer must attend a Predevelopment Conference prior to the filing of an
application for approval of a Minor Subdivision Final Plat. At the Predevelopment
Conference, the Developer must meet the following criteria in order to file a Minor
Subdivision Final Plat application:
(a) The number of proposed lots does not exceed two (2);
(b) There are no requirements for additional off -site or on -site Public
Improvements;
23
(c) There is no requirement for a TIA; and
(d) At the conclusion of the Predevelopment Conference, obtain the signatures of
the Planning Director, the City Engineer and the Transportation Director
confirming the tract of land meets the criteria provided in (a) through (c) above
on the certification form provided in the Development Packet.
(3) When Permitted
The Developer shall submit a Minor Subdivision Final Plat to the Planning and Zoning
Commission for approval without the submission of a Concept Plan or a Preliminary
Plat.
(4) Application Requirements
A Minor Subdivision Final Plat application must include the following:
(a) The number of copies specified in the Development Packet with the title of the
Minor Subdivision Final Plat appearing on the outside and folded to a size
specified in the Development Packet;
(b)
An abstractor's certificate which shall state the names and addresses of all
current owners and current lien holders of the property described in the Minor
Subdivision Final Plat. The abstractor's certificate shall be dated no earlier
than thirty (30) days prior to submission of the Minor Subdivision Final Plat;
(c) A copy of the deed(s) identifying the owners of the property;
(d) A Letter of Intent for Parkland Dedication form, provided in the Development
Packet;
(e) A current Phase I environmental assessment as required by federal law, for the
dedicated parkland, if applicable;
(f) Certification from a surveyor that the property boundary closes as per
minimum standards set forth by the Texas Board of Professional Land
Surveying Code, as amended, specifically Sections 663.13 - 663.23, which
include provisions requiring 1:10,000 + 0.10 feet precision for monuments
found or set within the corporate limits of any city in Texas;
The certification form signed by the Planning Director, the City Engineer and
the Transportation Director confirming the tract of land qualifies as a Minor
Subdivision Final Plat;
The Minor Subdivision Final Plat drawing which shall include all the
information specified in the Development Packet;
All other application requirements specified in the Development Packet; and
24
(j) Payment of applicable fees.
(5) City Staff Review
8.208 REPLAT
After the City staff review and comment period, the Developer shall submit to the
Planning Department the number of corrected copies of the Minor Subdivision Final
Plat as specified in the Development Packet along with one (1) reproducible drawing
with all required information and an electronic Plat in a format specified in the
Development Packet. A Phase II environmental assessment may be required, if the
Phase I environmental assessment indicates that a potential environmental hazard may
exist.
(1) Purpose and Intent
The purpose of a Replat is to resubdivide all or part of a Recorded Plat, without the
vacation of the preceding Plat, and to allow for a review by the Planning and Zoning
Commission.
(2) Predevelopment Conference
The Developer must attend a Predevelopment Conference prior to the filing of an
application for approval of a Replat.
(3) When Permitted
The Developer shall submit to the Planning and Zoning Commission for approval a
Replat, in compliance with the Texas Local Government Code as amended.
(4) Application Requirements
A Replat application must include the following:
(a) The number of copies specified in the Development Packet with the title of the
Replat appearing on the outside and folded to a size specified in the
Development Packet;
(b) An abstractor's certificate which shall state the names and addresses of any and
all current owners and current lien holders of the property described in the
Replat. The abstractor's certificate shall be dated no earlier than thirty (30)
days prior to submission of the Replat;
(c) A copy of the deed(s) identifying the owners of the property;
(d) An Engineer's Report;
25
(e)
(6) City Staff Review
(f) Certification from a surveyor that the property boundary closes as per
minimum standards set forth by the Texas Board of Professional Land
Surveying Code, as amended, specifically Sections 663.13 - 663.23, which
include provisions requiring 1:10,000 + 0.10 feet precision for monuments
found or set within the corporate limits of any city in Texas;
(g)
If applicable, a City approved TIA for the proposed Replat pursuant to the
requirements of Section 8.403;
A list of names and addresses of the owners of property that are in the original
Subdivision and that are located within three hundred feet (300') of the
property contained in the Replat as recorded on the current tax roll including:
(i) A diagram that identifies said properties and a key to the list provided;
and
(ii) Addressed official City envelopes for the adjacent property owners
identified for delivery in regular mail;
(h) The Rep drawing which shall include all of the information specified in the
Development Packet;
(i) All other application requirements specified in the Development Packet; and
(j) Payment of applicable fees.
(5) Notice Requirement for Replats
Notice of a Replat public hearing shall be given, not less than fifteen (15) days before
the date set for the hearing, by publication and by written notice forwarded by the
Planning Director to the owners of property lying outside of the Replat boundaries and
within 300 feet of those boundaries as indicated on the most recently approved
municipal tax roll; or in the case of a Subdivision within the ETJ regulated by the City,
the most recently approved County tax roll of the property upon which the Replat is
requested. The written notice may be delivered by depositing the notice, properly
addressed with postage prepaid, in a post office or postal depository within the
municipal boundaries.
After the City staff review and comment period, the Developer shall submit to the
Planning Department the number of corrected copies specified in the Development
Packet along with one (1) reproducible drawing with all required information and an
electronic Plat in a format specified in the Development Packet.
26
8.209 AMENDING PLAT
(1) Purpose and Intent
The purpose of an Amending Plat is to replace a Recorded Plat without vacation of that
Plat, and to allow for a review by the Planning and Zoning Commission. The
Amending Plat is intended to be used as a limited means to correct minor errors or
make minor adjustments to a Recorded Plat as provided in the Texas Local
Government Code, Section 212.016, as amended.
(2) Predevelopment Conference
The Developer must attend a Predevelopment Conference prior to the filing of an
application for approval of an Amending Plat.
(3) When Permitted
The Developer shall submit to the Planning and Zoning Commission for approval an
Amending Plat application in lieu of a Preliminary and Final Plat when the proposed
Amending Plat is filed for one or more of the purposes listed in the Texas Local
Government Code, Section 212.016, as amended.
(4) Application Requirements
An Amending Plat application must include the following:
(a) The number of copies specified in the Development Packet with the title of the
Amending Plat appearing on the outside and folded to a size specified in the
Development Packet;
(b) An abstractor's certificate which shall state the names and addresses of all
current owners and current lien holders of the property described in the
Amending Plat. The abstractor's certificate shall be dated no earlier than thirty
(30) days prior to submission of the Amending Plat;
(c) A copy of the deed(s) identifying the owners of the property;
(d) An Engineer's Report;
(e) Certification from a surveyor that the property boundary closes as per
minimum standards set forth by the Texas Board of Professional Land
Surveying Code, as amended, specifically Sections 663.13 - 663.23, which
include provisions requiring 1:10,000 + 0.10 feet precision for monuments
found or set within the corporate limits of any city in Texas;
(f)
(g)
The Amending Plat drawing which shall include all of the information specified
in the Development Packet;
All other application requirements specified in the Development Packet; and
27
(h) Payment of applicable fees.
(5) City Staff Review
After the City staff review and comment period, the Developer shall submit to the
Planning Department the number of corrected copies specified in the Development
Packet along with one (1) reproducible drawing with all required information and an
electronic Plat in the format described in the Development Packet.
8.210 PLAT VACATION
(l) Purpose and Intent
The purpose of a Plat Vacation is to nullify all or part of a previously Recorded Plat.
(2) When Permitted
The Developer shall submit to the Planning and Zoning Commission for approval a
Plat Vacation as permitted under and in compliance with Section 212.013 of the Texas
Local Government Code, as amended:
(a) No Lots Sold
The owner or owners of the land covered by a Plat may vacate the Plat at any
time before any lot in the Plat is sold. After approval by the Planning and
Zoning Commission, the Plat is vacated when a signed, acknowledged
instrument declaring the Plat vacated is recorded in the manner prescribed for
the original Plat.
(b) Lots Sold
If one or more lots in the Plat have been sold, the Plat, or any part of the Plat,
may be vacated on the application of all the owners of lots in the Plat with
approval obtained in the manner prescribed for the original Plat. After
approval by the Planning and Zoning Commission, the Plat is vacated when all
owners record a signed, acknowledged instrument declaring the Plat vacated.
(3) Application Requirements
A Plat Vacation application must include all of the following:
(a) A letter from the Developer explaining the reason for the vacation;
(b) An abstractor's certificate which shall state the names and addresses of all
current owners and lien holders of the property described in the vacating Plat.
The abstractor's certificate shall be dated no earlier than thirty (30) days prior
to the submission of the Plat Vacation application;
28
(c) A copy of the deed(s) identifying the owners of the property;
(d) A completed, signed and acknowledged Plat Vacation instrmnentincluding the
signature of the City Engineer if public rights -of -way or easements are being
vacated and the signatures of any additional entities authorized to use the
easement;
(e) The Plat Vacation application shall include all of the information specified in
the Development Packet; and
(f) Payment of applicable fees.
8.211 EASEMENT VACATION
(1) Purpose and Intent
The purpose of an easement vacation is to nullify a portion or the entire easement
established by a previously Recorded Plat or by separate instrument. An easement
vacation may be initiated by the respective lot owner(s) or by the City.
(2) When Permitted
The Developer shall submit an easement vacation containing a metes - and - bounds
description and sketch of the proposed vacation area and a signed, acknowledged
instrument by the owner of the land requesting the City to vacate the easement, in
order to vacate all or a portion of an easement, including but not limited to a public
utility easement, drainage easement, conservation easement, public access easement or
combination public easement.
After approval by Planning Director, the easement is vacated when all owners and
entities authorized to use the easement sign and acknowledge a vacation instrument,
approval is granted by the Planning Director and the vacation instrument declaring the
easement vacated is recorded.
(3) Application Requirements
An easement vacation application must include the following:
(a) A copy of the deed(s) identifying the owners of the property;
(b) A letter signed by the owners of the lot to the Planning Director containing the
following:
(i) A metes and bounds description and survey sketch including a
description of the easement or portion of the easement to be vacated
including the lot description and orientation to the nearest lot line;
(ii) An explanation of the purpose of the vacation request; and
29
(iii) Signatures by the entities authorized to use the easement agreeing to the
requested easement vacation, in the format provided in the
Development Packet;
(c) A completed easement vacation instrument;
(d) The easement vacation instrument shall include all of the information specified
in the Development Packet; and
(e) Payment of applicable fees.
8.212 APPROVAL PROCEDURE
(1) Distribution and Review
The Planning Director shall distribute a copy of each application to the reviewing
agencies and the reviewing agencies shall review the application in accordance with the
Texas Local Government Code and this Chapter. The Planning Director shall prepare
a report for each application and shall distribute the report to the Planning and Zoning
Commission, except for those applications approved administratively.
(2) Director Approval
After a review by the reviewing agencies, the Planning Director may approve easement
vacations. Upon a determination by the Planning Director that all of the public utilities
authorized to use the easement proposed for vacation approve of the vacation request,
the Planning Director shall then approve the respective easement vacation.
(3) Planning and Zoning Commission Action
The Planning and Zoning Commission shall review the reports of the Planning Director
and shall either approve, approve with minor conditions, or disapprove Concept Plans
or Plats within thirty (30) days after the filing of a completed application. The
Planning and Zoning Commission may approve a written request submitted by the
Developer to table a Concept Plan or Plat application to a specific future Planning and
Zoning Commission meeting when it is requested on a form provided by the City
where the Developer waives its right to having the Plat acted upon within the required
thirty (30) days as set forth in the Local Government Code, Section 212.009(a). The
Planning and Zoning Commission may not table action on a Plat without the consent of
the Developer and a waiver of rights.
(4) Notification of Action Taken for Plats
Within ten (10) working days after action taken by the Planning and Zoning
Commission, the Planning Director shall issue to the Developer a certificate as
required by Section 212.0115 of the Texas Local Government Code stating that the Plat
has been reviewed and approved by the Planning and Zoning Commission.
30
(5) Expiration of Concept Plans and Plats
(1 )
(a) Concept Plan Approval
The approval of a Concept Plan shall expire three (3) years from the date of
application approval.
(b) Preliminary Plat Approval
The approval of a Preliminary Plat shall expire three (3) years from the date of
approval unless a Final Plat for a portion of the Preliminary Plat has been
approved and recorded, in which case, the Preliminary Plat is extended three
additional years from the date each additional Final Plat is recorded.
(c) Final Plat, Replat, and Amending Plat Approval
8.213 RECORDATION PROCEDURE
The approval of a Final Plat, Replat and Amending Plat shall expire two (2)
years from the date of approval if the respective Plat has not been recorded.
The Developer may request an administrative extension of three (3) years prior
to the two (2) year expiration date where the City has accepted the Subdivision
Improvement Construction Plans as provided for in Section 8.702(1).
In order for the approved Plat to be recorded, the Developer must submit the following
to the Planning Director:
(a) An abstractor's certificate which shall state the names and addresses of all
current owners and current lien holders of the property described in the Plat.
The abstractor's certificate shall be dated no earlier than thirty (30) days prior
to a request for recordation of the Plat;
(b) An acknowledged signature on the Plat by the current owner of the land being
platted if the current owner is different than the owner at the time the Final Plat
was approved;
(c)
A deed for any parkland dedication or cash contribution in lieu of parkland
dedication, if applicable. If the Final Plat is a phase of the total tract to be
platted and it does not include the parkland to be dedicated, the Developer must
provide a temporary access easement to the parkland acceptable to the City in a
form approved by the City Attorney;
(d) A deed for drainage and /or detention lots to be dedicated to the City or a
homeowners association as applicable;
(e) Current original tax certificates;
31
(3)
8.214 FILING FEES
(t) Williamson County affidavit certifying tax certificates in the form designated in
the Development Packet, where applicable;
(g)
The prescribed fees for preparing reproducible drawings required to record the
Plat;
(h) A copy of the letter from the City Engineer either certifying that the Public
Improvements have been satisfactorily completed in accordance with Section
8.705 or that Subdivision Improvement Construction Plans have been accepted
by the City Engineer and the appropriate fiscal security has been posted in
accordance with Section 8.704;
(1 )
(1)
The prescribed oversize fees for water and wastewater for all single family
residential and two family residential lots;
The prescribed County recordation fees (by check made payable to
"Williamson County" or "Travis County," whichever is applicable);
(k) Separate instrument easements where applicable;
(1) Regional stormwater detention fees, in lieu of on -site detention, where
approved by the City Engineer.
(2) The Planning Director shall obtain the required City signatures on each reproducible
copy of the Plat. After all signatures required for recordation have been affixed to the
Plat, the Planning Director shall present the prescribed County recording fee and the
Plat to the Office of the County Clerk for recording.
The official copy of the Recorded Plat shall be maintained at the Office of the County
Clerk. A copy of the Recorded Plat shall be maintained in the files of the Planning
Department.
(4) Upon recordation of the Plat, the Planning Director shall distribute the copies of the
Plat to the City, County and other appropriate public and private entities listed in the
Development Packet.
Fees shall be charged for all Concept Plans, Plats, or vacation applications. The fees and
charges shall be paid upon the submittal of an application and the application shall not be
considered complete until such fee has been paid.
32
SECTION 8.300 PARKLAND REQUIREMENT
8.301 PARKLAND POLICY AND PURPOSE
This Section is enacted in accordance with the home rule powers of the City, granted under the
Texas Constitution, and the statutes of the State of Texas. It is hereby declared by the City
Council that open space and recreational areas in the form of parks are necessary for the
health, safety and welfare of the public. It is hereby further declared by the City Council that a
parkland fee in lieu of parkland dedication for residential and non - residential development is
necessary to further the pursuit of obtaining open space and recreational areas.
The primary purpose of the parkland requirements is to insure that the need for parkland that
arises from new development is at least partially satisfied by the Developer of the new
development, so that those who generate the need contribute their proportionate share.
Accordingly, when new development occurs, a reasonable contribution is to be made for open
space for those who live or work in the new development so that they may engage in active and
passive recreational activities within or near the new development. In some instances, the need
for parks resulting from new development may be addressed most effectively through the
development and acquisition of community or regional parks serving several neighborhoods.
It shall be required that a Developer of any residential Subdivision or Addition set aside and
convey to the public sufficient and suitable lands within the Subdivision or Addition for the
purpose of parkland or contribute cash in lieu of land conveyance or combination thereof as
determined by the Planning and Zoning Commission upon the recommendation of the Parks
Director.
The requirements for the conveyance of parkland established by this Section are based in part
on the goals and recommendations, needs and standards set forth in the General Plan adopted
by the City Council. The General Plan describes the needs prioritization and implementation
plan, standards for parks and recreation units, planning and land acquisitions methods, as well
as goals and objectives.
8.302 PARKLAND REQUIREMENT
(1) Residential
The Developer of a residential Subdivision or Addition shall provide for the parkland
needs of the community by conveyance of suitable land in accordance with Section
8.303. For purposes of this Section, a residential Subdivision shall include single -
family, two-family, townhouse, multi - family and senior development. To meet the
parkland requirements, the City may allow a Developer of a residential Subdivision or
Addition to convey off -site land, contribute cash in lieu of parkland pursuant to Section
8.308 or any combination thereof.
(2) Non - Residential Parkland Fee
In order to provide for the open space needs of the community, the Developer of a
non - residential Subdivision will be assessed a parkland fee of eight hundred dollars
33
(3)
($800.00) per acre, with a minimum of eight hundred dollars ($800.00) payable in
accordance with Section 8.303(3). The parkland fee may be reduced or waived by the
Parks Director should the choose to dedicate parkland at the time of platting,
City Purchase of Parkland
In order for the City to achieve the goals of the General Plan, the City may need to
purchase land that exceeds standard dedication requirements from the Developer for
parkland. The City may enter into an agreement with the Developer to purchase the
property from the Developer. If the City and Developer cannot agree on the terms of
said agreement, the City may choose to prohibit any construction on the proposed
parkland for a period not to exceed one hundred and twenty (120) days from the date
of approval of the Preliminary Plat, during which time the City shall use reasonable
and diligent efforts to acquire the necessary funds or financing to purchase the
parkland. The foregoing provision shall not be construed as a limitation of the City's
authority to acquire land by eminent domain.
8.303 PARKLAND CALCULATION FOR RESIDENTIAL DEVELOPMENT
(a) The Developer of a residential Subdivision or Addition is required to convey the
amount of land equivalent to the following percentages of the total acreage of the
Subdivision excluding any lots zoned for non- residential use:
Single - family (SFR)
Single - family (SF -1)
Single - family (SF -2)
Manufactured Housing (MU)
Two-family (TF)
Townhouse (TH)
Multi - family (MF)
Senior (SR)
8.304 REVIEW BY PARKS DIRECTOR
One percent (1 %)
Six percent (6 %)
Eight percent (8%)
Eight percent (8%)
Fourteen percent (14 %)
Sixteen percent (16 %)
Twenty percent (20 %)
Ten percent (10 %)
(b) The Developer of a residential Subdivision or Addition will be allowed up to fifty
percent (50 %) credit toward fulfilling the requirements of Section 8.303(a) for land
designated as privately owned and maintained park and recreational facilities that are
for use by the residents of the Subdivision or Addition.
As part of the Plat review process, the Parks Director shall make recommendations based upon
requirements of this Section to the Planning Department at the appropriate time within the Plat
review process. Recommendations received shall be noted on the written report for the Plat
prepared by the Planning Director.
34
8.305 STANDARDS FOR PARKLAND DEDICATION
(1) General Standards
Parkland conveyed to the City as provided in this Section shall meet each of the
standards set forth below:
(a) The General Plan shall be used as a guide for location of park sites;
(b) The parkland shall have frontage on a street equal to or greater than the square
root of the total square footage of park area to be conveyed (for example, a
435,600 square foot park area, which is the equivalent of a 10 acre park area
would require 660 linear feet of frontage);
(c) Unless otherwise approved by the Parks Director, parkland which is a part of
the Citywide Trails Master Plan shall be designed and located within a
Subdivision or Addition to allow for an extension or connection of a public
park or public recreational facility within an abutting Subdivision;
(d) A minimum of fifty percent (50 %) of the dedicated parkland within a
Subdivision or Addition shall be outside of the 100 -Year floodplain and shall
have a size, configuration and topography to be developable for active park
purposes, unless identified in the General Plan as a regional trail or a
community /regional park;
(e) Parkland shall not be encumbered with existing or proposed public utility
easements or drainage channels that would unduly restrict the development of
the site for recreational purposes except as provided in Section 8.305(2); and
(f) Property identified with environmental hazards that limit its use as a public
park as indicated by a Phase I or Phase II environmental assessment, as
provided for in Sections 8.205, 8.206 and 8.207 shall not qualify as lands
eligible for parkland dedication.
(2) Dual Park and Stormwater Drainage Facility
The parkland may be designed and constructed to allow for dual recreational and
stormwater drainage purposes. Approval must be obtained from both the Parks
Director and City Engineer for the location and design of the dual park and stormwater
drainage facility. Areas designated for dual use purposes shall not exceed fifty percent
(50 %) of the parkland dedication requirement per Section 8.303, unless otherwise
approved by the Parks Director and the City Engineer.
(3) Improvements Required
Parkland conveyed to the City shall be improved as required by this Section. The
Developer shall indicate the proposed parkland improvement(s) within the Construction
Plans as required in Section 8.700. Construction of the required parkland
improvement(s) shall be in accordance with the accepted Construction Plans, and shall
35
be completed by the Developer within the time period specified for construction of
Public Improvements in this Chapter. An improved park shall, at a minimum, include
the following:
(a) Paved frontage, curbs and gutters for all required street frontages abutting the
outside perimeter of the parkland;
(b) A sidewalk or trail installed in the park, and /or a sidewalk installed along the
street frontage of the park with the location approved according to the
Construction Plans;
(c) Water, wastewater, electrical services and all other utilities provided to the
remainder of the Subdivision or Addition shall be provided to the park as part
of standard Subdivision improvements; and
(d) The grading of site and installation of grass with irrigation. Irrigation may
cease when the grass becomes fully established.
8.306 ON -SITE CONVEYANCE OF PARKLAND
(1) Parkland shown on Preliminary and Final Plats
Parkland to be conveyed shall be designated as a lot on both the Preliminary and Final
Plats as "Parkland Dedicated to the City of Round Rock" with the acreage of the
parkland also shown. In addition, a note referencing the dedication of the parkland
shall be placed on the Final Plat.
(2) Deed Required
Prior to recording the Final Plat, the Developer shall deliver to the Planning
Department the deed, in a form approved by the City Attorney, conveying parkland
shown on the Final Plat as approved by the Planning and Zoning Commission. The
parkland deeded to the City shall not be subject to reservations of record,
encumbrances or easements that will interfere with the use of the land for park
purposes. The deed delivered to the Planning Department shall be recorded in
conjunction with the recordation of the Final Plat.
8.307 OFF -SITE CONVEYANCE OF PARKLAND
(1) Approvals Required
Upon affirmative recommendations from the Parks Director and approval from the
Planning and Zoning Commission, the City may accept parkland that is not part of an
Addition or Subdivision in order to meet the parkland requirement.
36
(2) Deed Required
8.308 PARKLAND FEE IN LIEU OF PARKLAND CONVEYANCE
(I) When Applicable
The City may at its option require a parkland fee for all or part of the required
parkland conveyance under the following circumstances:
(c) When a Replat or Amending Plat is submitted subsequent to a rezoning to a
higher density classification.
(2) Parkland Fee for Residential Additions and Subdivisions
Where applicable, the Developer shall pay a parkland fee as adopted by City Council.
(3) Form Tendered
The parkland fee shall be tendered in the form of a cashier's check or other form of
payment acceptable by the City, payable to the City of Round Rock Parks
Improvement and Acquisition Fund. The cashier's check or other form of payment
acceptable by the City shall be submitted to the Planning Director and shall accompany
the request for Plat recordation.
(4) Refunds
A deed shall be required in accordance with the provisions of Section 8.306(2) above.
(a) When less than three (3) acres is required to be conveyed;
(b) Where the proposed parkland does not meet the standards set forth in Section
8.305; or
No refund of a parkland fee received in lieu of parkland conveyance required by this
Section shall be made except as provided in Section 8.309.
8.309 PARKS IMPROVEMENT AND ACQUISITION FUND
(1) Parkland Fee
Parkland fees shall be deposited into the Parks Improvement and Acquisition Fund.
The City shall account for all parkland fees with reference to the individual Additions
or Subdivisions involved, and all sums received shall be spent or committed by the City
within ten (10) years from the recordation of the Plat. For purposes of this Section,
parkland fees shall be considered committed when:
37
(a) Parkland fees are committed under an earnest money agreement for the
purchase of parkland;
(b) Parkland fees are committed for a park improvement project;
(c) Parkland fees are committed in a grant application; or
(d) Parkland fees encumbered are not expended because of delays by reason of
strikes, court action or any similar impediment which renders it impossible or
illegal to spend the money.
(2) Use of Parkland Fees
(a) Parkland fees may be used for acquisition and /or development of public
parkland or other recreational facilities. Where fees are received in lieu of
parkland conveyance in Additions or Subdivisions, the parkland fees collected
shall be expended on a neighborhood park within the Park Zone in which the
Addition or Subdivision is located or the Park Zones surrounding it, for a total
maximum area consisting of nine (9) Park Zones. In the event that there is not
a suitable neighborhood park location within the aforesaid Park Zones, then the
parkland fees collected shall be expended on the closest community park.
(b) If parkland fees are not spent or committed within the required ten (10) year
time period commencing from the final acceptance of Subdivision
improvements, the record owner shall be entitled to a refund.
(3) Accountability
The City shall maintain a record of parkland fees and expenditures, including:
(a) The Developer's name and address;
(b) The date monies were received;
(c) The total amount of parkland fees received;
(d) The Addition or Subdivision generating the fees;
(e) The Addition, Subdivision or Park Zone where monies are to be spent;
(f) The expiration date for monies to be committed;
(g) The balance after expenditure(s);
(h) A statement of expenditure(s); and
(i) The parkland description where monies are spent.
38
SECTION 8.400 IMPROVEMENT STANDARDS AND DESIGN PRINCIPLES
8.401 GENERAL DESIGN PRINCIPLES
The arrangement of lots and blocks and the street system shall be designed to make the most
advantageous use of topography and natural, environmental and physical features.
8.402 DESIGN AND CONSTRUCTION STANDARDS
The Design and Construction Standards are adopted by ordinance by the City Council. All
Public Improvements required by this Chapter shall be constructed and installed in accordance
with the Design and Construction Standards to meet or exceed such standards. A Subdivision
or Addition, or any portion thereof, which is within a floodplain as identified in the Flood
Insurance Rate Maps, published by the National Flood Insurance Program, shall meet any
Federal Emergency Management Agency (FEMA) requirements for stormwater drainage
facilities. To the extent that there is any conflict between any of the minimum standards
provided in the Design and Construction Standards or the FEMA requirements, whichever
imposes the more stringent restrictions shall prevail. Whenever any standards in the Design
and Construction Standards are in conflict with the provisions of this Chapter, the provisions of
this Chapter shall govern.
8.403 TRAFFIC IMPACT ANAYSIS
(1) General Principles
(a) A TIA shall be submitted with a Concept Plan, Preliminary Plat, Final Plat or
Replat when the Subdivision or Addition will generate one hundred (100) or
more vehicle trips, inbound or outbound, during the peak hour. The analysis
shall be performed for the most intense use permitted in the existing or
proposed zoning district.
(b) The TIA shall be prepared in accordance with the Recommended Guidelines for
Traffic Impact Studies as issued by the Institute of Transportation of Engineers,
a copy of which is maintained by the Transportation Director.
The Final Plat or Replat shall be prepared in conformance with the TIA and the
General Plan.
(2) Approved TIA
The Developer must have a City approved TIA prior to the approval of the Final Plat,
if required.
(3) TIA Requirements
The TIA shall be prepared in accordance with the criteria checklist provided by the
Transportation Services Department.
(c)
39
(4) Off -Site Improvements
If off -site improvements are required in the TIA, the improvements shall be installed
and constructed in accordance with Section 8.702(1).
(5) Signage and Striping
If off -site signage and /or striping are required in the TIA, the signage and /or striping
shall conform with the requirements provided in Section 8.411(1).
(6) Signalization
(7) Preliminary Plat, Final Plat and Replat TIA
8.404 STREETS
If off -site signalization is required in the TIA, the signalization shall with the
requirements provided in Section 8.411(2).
The TIA submitted with a Preliminary Plat, Final Plat or a Replat shall include any
revisions to the TIA required for changes in the proposed development of the Plat since
the submission of the last TIA.
(1) General Policy
(a)
All streets shall be planned to properly integrate with the existing and proposed
system of local, collector and arterial streets.
(b) Local streets shall be designed to conform to existing topography, to
discourage use by through traffic, to permit efficient drainage and utility
installation, and provide safe access to property.
(c) Streets shall be provided to the boundary lines of the tract being subdivided,
unless the Transportation Director determines that such an extension is neither
necessary nor desirable.
(d) All Plats shall provide for the appropriate extension of existing and proposed
streets in accordance with Section 8.404(6).
(e) Streets shall be designed to accommodate anticipated traffic generators such as
schools, businesses, shopping centers and population densities.
(t) The location of arterial streets shall conform to the General Plan.
(g) Curbing shall be required for the purpose of drainage, safety and delineation
and protection of the pavement edge. Curbing shall be designed so as not to
interfere with the movement of pedestrian traffic.
40
(h) Except as provided in Section 8.405, sidewalks shall be required on both sides
of all streets.
(i) Streets and improvements associated with streets shall be in accordance with
the Design and Construction Standards.
(2) Street Classification and Characteristics
(a) Local Streets
(b) Collector Streets
(c) Arterial Streets
(3) New Streets
(a) Right -of -Way
The purpose of a local street is to provide lot street frontage and carry traffic to
a higher classification street. Because of its limited purpose, a local street
generally carries an Average Daily Traffic volume no greater than 2000 vehicle
trips. Local streets are divided into three subcategories: local - residential,
local- non - residential or local - rural. Unless approved by the Transportation
Director, a local street shall not connect to two separate higher classification
streets or connect directly to arterial streets.
Collector streets are divided into two subcategories: local and major. The
purpose of collector streets is to convey traffic from intersecting local streets
and to expedite the movement of traffic to an arterial street or other collector
street. A local collector street generally carries an Average Daily Traffic
volume of two thousand (2000) to six thousand (6000) vehicle trips. A major
collector street generally carries an Average Daily Traffic greater than six
thousand (6000) vehicle trips. Generally, major collector streets shall not
permit on- street parking.
The purpose of an arterial street is to carry high volumes of through traffic.
Arterial streets serve as a link between major activity centers within the urban
area. Access is usually limited to intersections, multi - family developments and
commercial driveways. All arterial streets are designated in the General Plan.
An arterial street shall not end as a cul-de -sac. Generally, arterial streets shall
not permit on- street parking.
A Developer shall dedicate or convey at the City's option the amount of right -
of -way for each type of street as stated in the Design and Construction
Standards. Except as provided below, the Developer must dedicate or convey
the required right -of -way for all streets within the Subdivision as shown on the
Plat. The City may reduce the amount of right -of -way dedication for an arterial
street based on the design consideration, existing land uses, existing
development of adjoining properties, and dimensions of the proposed Addition
41
or Subdivision. In all cases, the amount of right -of -way dedicated for any one
street within the Addition or Subdivision shall not exceed one hundred and
twenty feet (120') wide or fifteen percent (15 %) of the total acreage on the Plat
submitted.
(b) Street Improvements
(6) Stub Streets
(7) Cul-de-sacs
All streets shall be designed and built in accordance with the Design and
Construction Standards. The Developer must construct the full cross - section of
the arterial streets designated on the General Plan which are located within the
Subdivision unless the TIA for the Addition or Subdivision documents a need
for a lesser cross - section. In such a case, the Developer shall construct the
cross section required by the TIA.
(4) Private Streets
Private streets are prohibited.
(5) Substandard Existing Street Right -Of -Way
Whenever a proposed Subdivision abuts an existing street that has a substandard right -
of -way width for either the existing street or for a future street, the Developer shall
dedicate the additional right -of -way for the existing street or future street. The
Developer shall dedicate half (1/2) of the amount required for the type of street to be
upgraded measured from the existing centerline of the right -of -way or up to fifteen
percent (15 %) of the total acreage of the Addition or Subdivision, whichever is less.
The City may reduce the amount of right -of -way dedication requirement based on
design consideration, existing land uses, existing development of adjacent properties,
and dimensions of the proposed Addition or Subdivision.
(a) A proposed Subdivision or Addition must provide access to adjacent land
subdivided by stubbing appropriate streets to the boundaries of the proposed
Addition or Subdivision. When the abutting land is platted, the Developer shall
integrate the stubbed streets into the existing traffic system of streets in a
logical manner as well as continue the same street classification of the stub
street. The Developer shall present a schematic plan to demonstrate how the
stub street will eventually extend through the adjacent property and connect
with a collector or arterial roadway.
(b) Temporary paved turnarounds shall be provided at the end of stubbed streets
which are more than two hundred fifty feet (250') long.
(a) Local streets may terminate in a cul -de -sac. Collectors and arterial streets may
not terminate in a cul -de -sac.
42
(b)
(8) Curbing
(9) Curb Ramps
(a)
8.405 SIDEWALKS
(1) ADA Requirement
Except as provided herein, the maximum length of a cul -de -sac street shall be
seven hundred fifty feet (750'), measured from the centerline of the nearest
intersecting outlet street to the centerpoint of the turnaround; except that a
longer length may be allowed upon a recommendation by the Fire Department
and if the Planning and Zoning Commission determines any of the following:
(i) That no secondary access can be reasonably provided to the portion of
the Subdivision which is to be served by the cul -de -sac;
(ii) That limited access to the Subdivision is due to a topographical
condition on the property or a particular physical surrounding; or
(iii) That the cul -de -sac is temporary and the road is planned to extend to
the adjacent property.
All streets shall have standard curbing and gutter except for the local -rural street
classification where ribbon curb is allowed. All raised medians and islands located
within the street pavement shall be bordered by standard curb and gutter, unless
otherwise approved by the Transportation Director. All concrete curb and gutter shall
be installed and constructed according to the Design and Construction Standards.
Curb ramps are required within a street right -of -way wherever a sidewalk or
pedestrian route intersects with a curb. The design and construction of curb
ramps shall be in accordance with the Design and Construction Standards, and
shall meet the Texas Accessibility Standards administered by the Texas
Department of Licensing and Regulation and the Americans with Disabilities
Act of 1990, as amended.
(b) Whenever a sidewalk or pedestrian route crosses a raised median, the raised
median shall be cut through level with the street, or shall have curb ramps at
both median curbs plus a level area at least four feet (4') long between the curb
ramps in the median.
All sidewalks must be designed and constructed to meet the Texas Accessibility
Standards administered by the Texas Department of Licensing and Regulation and the
Americans with Disabilities Act of 1990, as amended.
43
(2) Design
(3) Exceptions
(4) Size
Unless excepted in this Section 8.405, sidewalks for all street classifications shall be
installed on both sides of the street right -of -way or within a sidewalk easement. A
sidewalk shall be allowed to meander within the right -of -way or an easement upon
approval of the City Engineer. Sidewalks are required along one side of a local rural
street pursuant to Section 8.421. Sidewalks are required along street frontage of parks
pursuant to Section 8.305(3)(b). Sidewalks shall not intersect at driveway wings unless
otherwise approved by the City Engineer.
Sidewalks shall be required on all streets, except on streets where pedestrian access is
provided within the approved Subdivision through an alternative sidewalk design as
approved by the City Engineer.
(a) Local residential, local rural and local collector streets: A sidewalk along a
local residential, local rural or local collector street be a minimum of four feet
(4') in width when separated by a distance of at least three feet from the
roadway curb. Sidewalks closer than three feet (3') to the roadway curb shall
be a minimum of five feet (5') in width. Where ribbon curb is installed on
local rural streets, the sidewalk shall be at least eight feet (8') from the ribbon
curb unless otherwise approved by the City Engineer.
(b) Local non - residential, major collector and arterial streets: A sidewalk along a
local non - residential, major collector or arterial street must be a minimum of
four feet (4') in width and a minimum eight feet (8') from the curb.
(5) Construction
The sidewalk construction specifications shall be in accordance with the Design and
Construction Standards. Sidewalks shall be installed as shown on the Construction
Plans and in accordance with Section 8.702(3) unless construction is deferred in
accordance with Section 8.702(3)(c).
8.406 MEDIANS AND ISLANDS
(1) Standards
Medians and islands shall be landscaped with grass turf or constructed of stamped
pattern concrete, brick, stone or concrete pavers, or other engraved concrete surfaces
approved by City Engineer. Grass turf areas shall not be less than six feet (6') in
width. All medians and islands shall be bordered by standard curb and gutter, unless
otherwise approved by the Transportation Director.
44
(2) Median Openings
8.407 INTERSECTIONS
Median openings on arterial streets shall be in accordance with the Design and
Construction Standards.
Proposed intersections shall be designed to meet the minimum spacing requirements, curb
radii, and corner sight distances required in the Design and Construction Standards, and based
on the following design specifications:
(1) Streets shall intersect at right angles. In the event of physical constraints that prevent
right angles, a modification of up to twenty degrees (20) may be permitted by the
Planning and Zoning Commission upon recommendation by the Transportation
Director.
(2) The right -of -way line at street intersections shall be in accordance with the Design and
Construction Standards.
(3) The centerline of intersecting streets shall be a minimum of two hundred feet (200')
from other street intersections. This offset shall not apply to streets intersecting a street
if a raised median is provided and no median opening is aligned with either of the
offset streets. Future median openings shall not be permitted where two (2) streets
offset and intersect an arterial street at a distance of less than two hundred feet (200');
provided, however, median openings may be allowed for one -way traffic circulation
subject to the approval of the Transportation Director.
8.408 ACCELERATION /DECELERATION LANES
(1) Acceleration /deceleration lanes shall be provided along existing and proposed arterial
streets when required by the findings of a City approved TIA.
(2) Additional right -of -way shall be dedicated by Plat if required to accommodate
acceleration/deceleration lanes or turning lanes.
8.409 DRIVEWAYS
(1) Single - family, two-family and fee simple townhouse residential driveways are
permitted on local streets and local collector streets only. Residential driveways for
double frontage lots and corner lots must be located on the lesser classification street.
Driveways serving single family, two - family or fee - simple townhouse residences are
not permitted on major collectors or arterial streets unless the Transportation Director
determines no other access is possible.
(2) Townhouse (condo regime), multi - family and non - residential driveways are permitted
on all streets; however, the driveways must have a minimum of two hundred feet
45
(3) The driveway restrictions above do not prohibit driveway access to alleys. Alley
driveway access may be permitted upon approval of a TIA by the Transportation
Director.
(200') spacing between driveways on arterial streets and from the street centerline at an
intersection.
(4) Driveway construction shall be in accordance with the Design and Construction
Standards.
8.410 BIKE WAYS
The Developer shall dedicate and construct all bike ways identified in the General Plan that are
located within the boundaries of the Subdivision or Addition. The bike lanes shall be designed
and identified with markings and materials in accordance with the Design and Construction
Standards.
8.411 SIGNAGE, STRIPING AND SIGNALIZATION
(1) Signage and Striping
The Developer shall design, install and pay all costs for traffic control signs and
pavement striping. Traffic control signs and pavement striping shall conform to the
accepted Construction Plans and to the most recent edition of the "Texas Manual of
Uniform Traffic Control Devices" a copy which is on file with the Transportation
Director.
(2) Signalization
8.412 STREET LIGHTING
The Developer shall design, install and pay all costs for providing any required traffic
signalization system identified in an approved TIA, including all related devices,
conduits, wiring and junction boxes.
(1) Requirement
The Developer shall provide street lighting along all streets including cul -de -sacs and at
all intersections. The street lighting requirements for local, collector and arterial
streets shall be in conformance with the Design and Construction Standards.
(2) Illumination Plan
An illumination plan for all streets within the Plat shall be filed with the Construction
Plans. The plan shall show the proposed location of the street lights and any electrical
facilities within the street right -of -way or public utility easements. The street lighting
46
facilities shall be complete and operational prior to acceptance of the Public
Improvements. The illumination plan is subject to the approval of the City Engineer.
8.413 SUBDIVISION WALLS
(1) Walls Required
Where Subdivisions are platted so that the rear and /or side yards of residential lots are
adjacent to a major collector or higher classification street, the Developer shall
construct, at his /her sole expense, walls between said rear and /or side yards and said
street, in accordance with the standards set forth below. Where said lots are corner
lots, the wall requirements of this Section 8.413 shall take precedence over corner lot
fencing specifications regulated by Chapter 11 of this Code.
(2) Standards
It is intended that all walls erected pursuant to this Section 8.413 be constructed in such
a manner to last thirty (30) years with minimal maintenance required during said
period. All walls required by this section shall conform to the following minimum
standards:
(a) Where applicable, materials and installation of walls shall comply with the
most recent edition of "Selected ASTM Standards for Fence Materials and
Products," a copy of which shall be maintained by the Engineering and
Development Services Department. Structural plans and specifications for walls
shall be approved by the City Engineer. Such plans and specifications are to be
submitted at the same time as other Construction Plans required by this
Chapter. In approving said plans and specifications, the City Engineer shall
consider the site's soil characteristics, wind loadings and other environmental
considerations.
(b) Walls shall be constructed of the following materials: brick, stone, split faced
or decorative concrete masonry unit (CMU), decorative reinforced concrete or
other equivalent materials approved by the City Engineer, subject to the
following:
(i) Wall pillars shall be constructed of masonry of sound structural
integrity.
(ii) Wall panels shall be constructed of brick, stone, split faced or
decorative concrete masonry unit (CMU), decorative reinforced
concrete or other equivalent materials approved by the City Engineer.
Panels shall be top capped as determined by the City Engineer.
(c) Walls shall be a minimum of six feet and a maximum of eight feet in height.
The materials, color and design of walls shall be uniform within an approved
Preliminary Plat, unless otherwise approved by the Planning Department. A
finished side of all walls shall face the thoroughfare.
47
(d) All walls shall be placed at least five feet (5') from any existing or proposed
City water line.
(e) Al] walls required herein shall be placed on the property line between the right -
of -way and the adjoining private property.
(3) Miscellaneous Provisions
(a) A Plat note describing the location of proposed wall and associated landscaping
including irrigation shall be included on the Preliminary Plat and Final Plat.
(b) Detail plans for walls and associated landscaping including irrigation shall be
submitted with the Construction Plans for Public Improvements.
(c) Walls shall conform to the requirements of this Code governing sight distance
for traffic safety.
(d) Prior to the City's acceptance of the Public Improvements the Developer must
complete all walls required herein,
(e)
(f) The City, at its option may maintain the wall. As a result, a five (5) foot
access easement shall be provided along the back and sides of the property
abutting the wall for maintenance purposes.
8.414 STREET NAMES AND ADDRESSES
(1) Street names
It is not the intent of this Section 8.413 to regulate the design and /or
construction of entrances to Subdivisions.
Each Preliminary Plat shall indicate proposed street names for streets within the
Addition or Subdivision. The Planning Director shall review and approve the proposed
street names according to the following standards:
(a) Street names shall not conflict with or duplicate any existing street names
within Williamson County and the portion of Travis County north of the
Colorado River. The disapproval of a proposed street name may be based on
but is not limited to the following: close pronunciation to another street name,
street name is too difficult to pronounce, street names with undesirable
meanings or connotations, street names with language translation problems or
street names that may cause the theft of a street sign.
(b) New streets which are extensions or in alignment with existing streets, shall
bear the name of the existing street unless otherwise approved by the Planning
Director.
48
(c) Street suffix terms shall be assigned in accordance with the guidelines
contained in the latest edition of the "Street Naming and Property Numbering
Systems" provided in Report Number 332 by the Planning Advisory Service of
the American Planning Association. A copy of the report is maintained by the
Planning Department.
(2) Final Plat
Approved street names shall be shown on the Final Plat.
(3) Street Addresses
Street addresses shall be assigned by the Planning Director.
8.415 LOTS
(1) Special Purpose Lots
Special purpose lots established for the purpose of parkland dedication, landscaping,
postal boxes, flood plain, drainage conveyance, storage, or sedimentation and
filtration, lift stations, or water storage, electrical substations, switching stations and
other similar facilities needed for transmission and supply of public utilities, may be
approved as exceptions to the lot requirements provided in Chapter 11 of this Code. In
addition, a special purpose lot does not require street frontage but must provide
vehicular access approved by the City Engineer.
(2) Double Frontage Lots
Double frontage lots are prohibited for all single family, two family and fee simple
townhouse lots unless no other lot configuration is practical as determined by the
Planning Director.
(3) Flag Lots
Flag lots are prohibited unless the following conditions are met:
(a) The lot is intended for non - residential use, except as provided for in Section
8.421(2)(d);
(b) The lot has a minimum width of fifty feet (50') at the street;
(c) The length of the projection to the street does not exceed five hundred feet
(500') or the depth of the abutting lot, whichever is less; and
(d) There is a minimum distance of four hundred feet (400') from the nearest flag
lot as measured along the street frontage.
49
(4) Lot Size
Except for special purpose lots and lots in the ETJ, the size of the lots shall conform
with the requirements of Chapter 11 of this Code.
(5) Lot Width
Lot widths shall be determined according to the requirements of Chapter 11 of this
Code. In no case shall the lot street frontage abutting a right -of -way be less than
twenty -five feet (25').
(6) Lot Numbering
8.416 BLOCKS
All lots shall be numbered consecutively within each block unless an alternative lot
numbering arrangement is approved by the Planning Director.
(1) Block Configuration
The configuration of blocks shall promote convenient and safe traffic and pedestrian
circulation throughout the Subdivision.
(2) Restriction
Blocks of single - family, two - family or fee simple townhouse lots shall not contain more
than two (2) tiers of lots.
(3) Block Length
8.417 EASEMENTS
Block lengths shall be designed to provide fire and police access to ensure public
safety.
(1) General Provisions
The Developer shall dedicate easements that allow approved lots within the Addition or
Subdivision to have access to all public utilities. Where necessary to adequately serve
the Addition or Subdivision with public utilities, easements shall be dedicated for all
public utilities including water lines, wastewater, and stormwater drainage facilities and
associated appurtenances. Such easements shall be provided as deemed necessary by
the Planning and Zoning Commission.
50
(2) Location and Widths
Easements shall be appropriately located and of sufficient width to accommodate the
required utilities. All easements for city utilities shall conform to the Design and
Construction Standards.
8.418 POSTAL DELIVERY SERVICE
(1) Requirement
A Developer shall provide neighborhood delivery and collection box units for postal
service to lots within a residential Subdivision. The neighborhood delivery and
collection box units shall meet the minimum lot requirements and design standards for
such facility as determined by the United States Postal Service ( "Postal Service ").
(2) Neighborhood Delivery and Collection Box Units
The Developer shall provide for neighborhood delivery and collection box unit
locations within dedicated rights -of -way, easements or on special purpose lots shown
on the Preliminary and Final Plats. The Preliminary and Final Plat shall show the
neighborhood delivery and collection box unit locations as approved by the Postal
Service. Approved neighborhood delivery and collection box unit locations shall also
be shown on Construction Plans.
(3) Location of Neighborhood Delivery and Collection Box Units on Streets
Neighborhood delivery and collection box units shall be placed in a location that is
convenient, accessible, safe and efficient to all lots in the Subdivision. The Developer
shall abide by the standards established by the Postal Service. In addition, the
following criteria shall be used to determine the site location of neighborhood delivery
and collection box units:
(a) In the street right -of -way of a local street, the site shall be generally located
adjacent to a common rear lot line of two (2) lots;
(b)
In the street right -of -way of a collector street, the site shall be designed in
accordance with the Design and Construction Standards;
(c) The site shall not be located in the street right -of -way of an arterial street; and
(d) In situations where special conditions exist and the location requirements
provided above cannot be met, the Planning and Zoning Commission may
approve an alternate location for the neighborhood delivery and collection box
unit.
51
(4) Parking Requirements for Neighborhood Delivery and Collection Box Units
(5)
A minimum of one (1) parking space shall be provided for each eight (8) individual
postal boxes for the first thirty -two (32) postal boxes excluding package boxes. One
additional space shall be provided for each sixteen (16) individual postal boxes
thereafter excluding package boxes.
Parking spaces for neighborhood delivery and collection box units may be located in
the public right -of -way on local streets. Parking spaces may be located in the public
right -of -way on collector streets provided the parking spaces are designed in
accordance with the Design and Construction Standards.
Design and Lighting Requirements for Neighborhood Delivery and Collection Box
Units
Design and lighting requirements for neighborhood delivery and collection box units
shall be in accordance with the Design and Construction Standards.
8.419 SUBDIVISION IDENTIFICATION SIGNS
Subdivision identification signs shall conform with the provisions of Section 3.1400 (Signs) of
this Code.
8.420 ALTERNATIVE STANDARDS AGREEMENT
(1) Criteria
The unique nature of the land being platted may require, under proper circumstances,
the departure from the adopted design criteria and Design and Construction Standards.
The City Council may enter into an Alternative Standards Agreement with a Developer
that departs from this Chapter if the following is met:
(a) The proposed alternatives, in aggregate, fully address the intent and purpose of
the standards of this Chapter; and
(b) The Alternative Standards Agreement conforms with the general purposes,
goals and objectives of the General Plan.
(2) Recording the Alternative Standards Agreement
The Alternative Standards Agreement and the Plat shall be recorded simultaneously in
the official deed records of the County where the property is located. The recording
costs shall be paid by the Developer. The Plat shall include a note referencing the
Alternative Standards Agreement.
52
8.421 RURAL STANDARDS
(1) Criteria
A Subdivision may be approved with rural standards if the following conditions are
met:
(a) All lots are a minimum of two (2) acres;
(b) All lots have a minimum fifty foot (50') building setback;
(c) All lots are single - family either by a zoning classification or by deed
restrictions; and
(d) No new collector or arterial streets are required.
(2) Standards
The following rural standards are permitted if Section 8.420(1) is met:
(a) Streets may have either standard or ribbon curbs;
(b) Open channels may be utilized and shall be constructed in accordance with the
Design and Construction Standards;
(c) Sidewalks are required on one side of the street for all residential Subdivisions
comprised of four (4) lots or greater, for three (3) or fewer lots no sidewalks
are required;
(d) Flag lots are permitted if the conditions set out in Section 8.415(3) are met; and
(e) Streets shall be constructed in accordance with the Design and Construction
Standards.
8.422 PROTECTED TREES RELATED TO PLATTING
Protected Trees on the site shall be protected in accordance with Section 3.1100 of this Code.
SECTION 8.500 UTILITIES
8.501 WATER SYSTEM
(1) Provide Water Lines
The Developer shall provide all water lines necessary to properly serve each lot of the
Subdivision or Addition and insure that existing and /or new water facilities can supply
the required demand, including fire protection. The Developer shall install all
53
necessary on -site and off -site mains and shall extend service to all lots terminating with
a meter stop and meter box. For the orderly extension of water lines as established in
the Water and Wastewater Master Plan, the Developer shall install water mains to the
boundaries of his development for future connection by the development of the abutting
land. Extension of service lines to multi - family and non - residential lots may be
postponed until development of the lot if a main is installed in the abutting right -of -way
located on the same side of the street as the lot. The Developer's engineer shall include
a statement with the water system plans that the system meets the requirements of this
Chapter and complies with the rules and regulations established by the TCEQ.
(2) Design and Construction
All water systems shall be designed and constructed in accordance with the Design and
Construction Standards and conform with the TCEQ Design Criteria in the Texas
Administrative Code, as amended.
8.502 WASTEWATER SYSTEM
(
(3)
Sewer Service to Each Lot; Connection with Wastewater System Required
(a) Connection with a TCEQ approved wastewater system shall be required except
where the City Council determines that such connection would require
unreasonable expenditure of funds when compared with alternate methods of
sewage disposal. Where alternative sewage disposal is permitted, the plans for
such system must meet the requirements of the TCEQ and be approved by the
County Health Department, prior to approval of the Final Plat by the Planning
and Zoning Commission.
(b) The Developer shall install all wastewater mains and lines necessary to serve
each lot. The Developer shall install necessary on -site and off -site wastewater
mains and shall extend service to all lots terminating each service with a cap.
For the orderly extension of wastewater lines as established in the Water and
Wastewater Master Plan, the Developer shall install wastewater mains to the
boundaries of his Final Plat for future connection by the development of the
abutting land. For multi - family and non - residential Plats services to the lots
shall connect at manholes.
(2) Developer to Submit Certificate
The Developer's engineer shall include a statement with the wastewater system plans
that the wastewater system meets the requirements of this Chapter and complies with
the rules and regulations established by the TCEQ.
Desi n and Construction Criteria
All wastewater systems shall be designed and constructed in accordance with the
Design and Construction Standards and conform with the TCEQ Design Criteria in the
Texas Administrative Code, as amended.
54
8.503 OVERSIZE MAINS
(I) Size of Mains
All water and wastewater mains shall be installed in accordance with the Water and
Wastewater Master Plan maintained by the Utility Director. All water and wastewater
mains shall be sized to provide necessary service to the tract to be developed. The cost
of water mains up to eight (8) inches, or of a size required to serve a tract being
developed, whichever is larger, shall be paid in full by the Developer.
(2) Oversize Mains
Where it is determined that on -site water and /or wastewater mains need to be of a
larger size than is required to serve the tract to be developed, the City may require the
Developer to install such oversized mains. For water mains less than sixteen (16)
inches the Developer shall be reimbursed the incremental cost difference for oversizing
from the oversize account described in paragraph (3) below. For oversized water mains
sixteen (16) inches or greater, the Developer shall be reimbursed for the incremental
cost difference required for oversizing from the oversize account approved for capital
improvement projects, or through reimbursement contracts. For wastewater mains less
than fifteen (15) inches the Developer shall be reimbursed the incremental cost
difference for oversizing from the oversize account described in paragraph (3) below.
For oversized wastewater mains fifteen (15) inches or greater, the Developer shall be
reimbursed for the incremental cost difference required for oversizing from the
oversize account approved for capital improvement projects, or through reimbursement
contracts.
(3) Oversize Account
A special oversize account is hereby established for the purpose of reimbursing
Developers for the cost of oversizing water and wastewater mains. The account shall
be funded by water and wastewater oversize fees which are based on the number of
LUEs to be added to the respective water and wastewater systems.
One LUE is equal to the amount of water consumed by a single- family dwelling unit
based on an average consumption of four hundred fifty (450) gallons per day and the
amount of wastewater produced using two hundred eighty (280) gallons per day
average flow.
To determine the number of residential LUE's, the following calculations shall apply:
LUE Land Use
1.0 Single Family / per dwelling unit
0.9 Duplex or Single Family Attached/ per dwelling unit
0.8 Townhouse/ per dwelling unit
0.7 Multifamily/ per dwelling unit
55
LUE determinations for all other types of land uses shall be determined by the City
Engineer pursuant to data submitted by the applicant from a certified engineer.
The water and wastewater oversize fees will be assessed to all Developers regardless of
whether or not they are required to install an oversized line. For single - family, two -
family, and fee - simple townhouse Plats the water and wastewater oversize fees shall be
paid when the Developer requests recordation of the Plat. For condo regime
townhouse, multifamily and non - residential Plats or when a Plat is not required, the
water and wastewater oversize fees shall be paid when an application for a building
permit is submitted. Interest income earned from this account shall be added to the
account.
(4) Reimbursement
After acceptance of the Public Improvements by the City Engineer, a Developer shall
present in writing to the City Engineer, a request for oversize reimbursement. A
request for reimbursement shall be made within five years from the date of
recordation, building permit application submittal or effective date of the
reimbursement contract, whichever is applicable. After review by the City Engineer
for completeness of the request, the request for reimbursements shall be presented to
the City Council for approval. The reimbursement for the cost of oversizing will be
paid from available funds within thirty (30) days after the City Council approves the
reimbursement amount. Developers shall be reimbursed in chronological order of the
written request for reimbursement. In the event that sufficient funds are not available,
interest will accrue at a rate established by the City Council. If a Developer is
delinquent in the payment of fees and taxes to the City, the City Council may deduct
from the reimbursement the amount owed to the City.
(5) Oversize Credit
In the event that there are sufficient funds in the oversize account to meet approved
reimbursements in accordance with subsection 8.503(4) and to meet contractual
obligations, a Developer may be entitled to a credit against the water and wastewater
oversize fees. Provided, however, no credit will be granted to any Developer who is
delinquent in the payment to the City of any fees or taxes. Subject to the foregoing, a
Developer may reduce the amount of the water and wastewater oversize fees by an
amount equal to the reimbursement, if any, to be issued upon the acceptance of the
Public Improvements.
(6) Fees R eimbursement Rate and Interest Rate
Water and wastewater oversize fees shall be established by the City Council. Fees
shall be paid at recordation as provided for in Section 8.213(1)(i). Periodically, the
City Council shall review and approve the water oversize fee, wastewater oversize fee,
a fixed rate of reimbursement per inch of diameter per linear foot of oversized mains
installed, and the rate of interest to be paid.
56
SECTION 8.600 STORMWATER DRAINAGE FACILITIES
8.601 GENERAL POLICIES
(1)
Stormwater drainage improvements shall be provided for the Subdivision or Addition.
Stormwater drainage improvements must not adversely affect abutting properties.
Stormwater drainage facilities shall be designed in compliance and in accordance with
this Chapter, the Design and Construction Standards and generally recognized accepted
engineering practices.
(2) All stormwater drainage facilities shall be designed to intercept and transport the
projected runoff from a twenty -five year (25 -year) frequency storm. In addition, those
flows greater than a 25 -year frequency up to and including a one hundred year (100 -
year) frequency storm shall be contained within the right -of -way of public streets and
drainage easements.
(3)
Projected runoff rates for the design and analysis of stormwater drainage facilities shall
be based on the expected ultimate developed state of the upstream contributing area and
shall apply to any and all references to flood plain, flows, design frequencies or any
other quantitative hydraulic description found in this Chapter.
(4) The requirements provided in this Chapter shall not relieve the owner of responsibility
under state law to adjacent and downstream property owners.
8.602 STORMWATER DRAINAGE FACILITIES
(1) On -site Detention Facilities
Except as stated herein, all development establishing impervious cover or otherwise
modifying an existing site shall incorporate on -site drainage facilities to prevent any
increase in the peak rate of runoff from the two (2), ten (10) and twenty -five (25) year
frequency storm. The City Engineer may modify this requirement under either of the
following circumstances:
An approved off -site storage is provided by the Developer for the required
regulation of peak flows; or
(b) Sealed engineering data and calculations are presented which fully describe,
explain and justify recommended alternatives.
(2) Regional Stormwater Management Program
(a) Participation
(a)
In lieu of required on -site or off -site detention facilities, a Developer may
request to participate in the regional stormwater management program. The
City Engineer may accept a tract of land in the regional stormwater
management program if the proposed development, including any off -site
57
(1)
(3)
(l)
improvements will not result in additional identifiable adverse flooding of other
property. A comprehensive engineering report providing engineering data and
calculations which fully describe and justify participation in the program shall
accompany all participation requests.
(b) Regional Stormwate Manage Program Fees
(i )
8.603 COMPUTATIONS AND PLANS
Participation fees shall be established by the City Council. The
participation fees are as provided in Chapter 3 of this Code and based
upon proposed land use.
(ii) Adjustment of these fees may be allowed if the City Engineer
determines that certain impervious coverage restrictions, (e.g. special
watershed ordinances), reduce the actual land use. However, a
minimum fee regardless of any land use restrictions, shall be required.
The minimum fee shall be established by City Council.
(iii) Upon approval of participation, the fees will be due prior to
recordation of single family or two- family Plats or upon building
permit approval for all other projects.
Plans for proposed drainage facilities shall be submitted to the City Engineer for
acceptance prior to construction.
(2) Computations for all drainage related design shall be submitted with the plans for
review. Data submitted shall include, but is not limited to, a drainage area map, a
summary of methodology employed and resulting data, land use and runoff coefficient
assumptions and other pertinent hydrologic and hydraulic data.
Certification shall be submitted by an engineer that the plans and computations are in
compliance with the requirements of this Chapter.
8.604 SUBDIVISION AND ADDITION PLATS
Preliminary and Final Plats for Additions or Subdivisions shall show the limits of the
Ultimate 100 -Year Floodplain for all waterways draining fifty (50) or more acres by
hatch marking said floodplain on the Plat. In addition, all Preliminary and Final Plats
shall show the limits of Zones A and AE as depicted on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) if such zones fall
with in the boundaries of the Plat.
(2) The Final Plat of any proposed Addition or Subdivision showing the limits of the
Ultimate 100 -Year Floodplain shall contain the following Plat note:
58
(3)
No fences, structures, storage or fill shall be placed within the limits of the
Ultimate 100 -Year Floodplain.
The Final Plat of any proposed Addition or Subdivision containing any property within
SF -R, SF -1, SF -2, TF, or TH zoning districts shall provide public right -of -way,
drainage easements or separate lots dedicated for such purposes to cover at a minimum
the Ultimate 100 -Year Floodplain areas, drainage channels, pipe systems, and any
other related drainage facilities. All other Final Plats shall provide drainage easements
or separate lots dedicated for such purposes to cover at a minimum the Ultimate 25-
Year Floodplain areas, drainage channels, pipe systems and any other related drainage
facilities.
(4) The Final Plat shall establish minimum finished floor elevations for all lots at two feet
(2') above the Ultimate 100 -Year Floodplain elevation. The establishment of minimum
finished floor elevations is required except when proof is presented that the lots are two
feet (2') above the nearest Ultimate 100 -Year Floodplain.
(5) The Final Plat shall contain a statement by an engineer certifying the easements, slab
elevations and any other drainage related notes are in compliance with this Chapter.
(6) No portion of any land located in the Ultimate 100 -Year Floodplain shall be counted
toward the minimum lot area requirement.
SECTION 8.700 PUBLIC IMPROVEMENTS
8.701 CONSTRUCTION PLANS SUBMISSION
(1) Submittal
Subdivision Improvement Construction Plans shall be submitted for review and
acceptance by the City Engineer for all development for which Public Improvements
are required.
(2) Developer Must Retain Engineer
The Developer must retain the services of an engineer, registered in the State of Texas,
whose seal shall be placed on the Subdivision Improvement Construction Plans in
accordance with the Texas Engineering Practice Act. The engineer shall be
responsible for the services as described in the Design and Construction Standards.
The services performed by the engineer shall be as designated in the latest edition of
the "Manual of Professional Practice - General Engineering Services," published by the
Texas Society of Professional Engineers, and shall include both design and inspection
as defined therein.
59
(3) Submittal Content
Except as provided herein, after Preliminary Plat approval, Subdivision Improvement
Construction Plans may be submitted to the City Engineer for acceptance. The
Subdivision Improvement Construction Plans submittal shall include all of the
information specified in the Development Packet.
(4) State Review
All Subdivision Improvement Construction Plans must comply with the Texas
Accessibility Standards administered by the Texas Department of Licensing and
Regulation and the Americans with Disabilities Act of 1990, as amended. The
Developer shall submit applicable portions of the Subdivision Improvement
Construction Plans to the Texas Department of Licensing and Regulation for review.
Upon the completion of construction, the Developer shall request inspection of all
pedestrian facilities by the Texas Department of Licensing and Regulation and pay all
necessary fees. The City will not accept the Public Improvements until the Developer
provides evidence that the plans have been reviewed and approved by the Texas
Department of Licensing and Regulation and that payment of the required inspection
fees has been made.
(5) Expiration of Accepted Subdivision Improvement Construction Plans
The Subdivision Improvement Construction Plans will expire two (2) years from the
date of acceptance by the City Engineer if construction has not commenced. Even after
construction has commenced, the accepted Subdivision Improvement Construction
Plans will expire three (3) years from the date of acceptance. If accepted Subdivision
Improvement Construction Plans expire, the plans shall be resubmitted for review and
acceptance to ensure compliance with the current Design and Construction Standards.
(6) Pre - construction conference
After the acceptance of the Subdivision Improvement Construction Plans, a pre -
construction conference shall be required prior to commencement of construction of the
Public Improvements. The pre - construction conference shall be held with the City
Engineer and include the following people: Developer, Developer's contractor,
Developer's engineer and other parties as determined by the City Engineer.
8.702 CONSTRUCTION OF PUBLIC IMPROVEMENTS
(1) Requirement
All Public Improvements required by these regulations shall be installed and
constructed by the Developer, or his successors in title, within three (3) years from the
acceptance of the Subdivision Improvement Construction Plans. All improvements shall
conform with the provisions of this Chapter and the accepted plans.
60
(2) Failure to ComQlete Improvement
Where Public Improvements are not completely installed and constructed within the
three (3) years, the City may do the following:
(a) Where an additional fiscal security was required by Section 8.704, obtain the
funds under the security to complete the Public Improvements using a third
party selected by the City; and /or
(b) Exercise any other rights available under the law.
(3) Sidewalk Construction
(a) Sidewalks for Single Family, Two - Family and Fee Simple Townhouse Lots
Except as provided in Section 8.405(3), a Developer shall install sidewalks on
the rear of double frontage lots, on the side of a corner lot and where shown on
the Subdivision Improvement Construction Plans.
(b) Sidewalks for Townhouse (condo regime), Multifamily, and Non - Residential
Lots
A Developer shall install sidewalks for townhouse (condo regime), multifamily
and non - residential lots that abut a public street and where shown on the
Subdivision Improvement Construction Plans. A Subdivision shall not be
accepted until the sidewalk has been constructed in accordance with the
regulations of this Chapter and has been inspected and approved by the City
Engineer.
(c) Deferment of Sidewalk Construction
Sidewalks shall be installed in accordance with (a) and (b) above, except under
the following circumstances, as determined by the Transportation Director:
(i)
Where the existing cross - section of the street makes immediate
construction of a sidewalk impractical;
(ii) Where a non - residential Subdivision abutting an existing street is
isolated from any other sidewalk by a distance of twice the frontage of
the Subdivision; or
(iii) Where construction or reconstruction of the road where a sidewalk is to
be placed is imminent and the sidewalk would be destroyed if
constructed.
The City may require a cash payment by the Developer in lieu of construction
of the sidewalk if the Planning and Zoning Commission determines that the
sidewalk should not be built within the three (3) year period of the
Construction Plans. The cash payment shall equal the cost of constructing and
61
(d) State Review
(4) Benchmarks
installing the sidewalk at the time of acceptance of the Public Improvements.
The Developer shall pay the cash payment prior to the acceptance of the Public
Improvements by the City.
All sidewalks must comply with the Texas Accessibility Standards administered
by the Texas Department of Licensing and Regulation and with the Americans
with Disabilities Act of 1990, as amended, whichever is more restrictive. The
Developer shall submit its sidewalk plans to the Texas Department of Licensing
and Regulation for review and upon completion of the construction, for
inspection. The City will not accept the Public Improvements until the
Developer provides documentation that the sidewalk plans have been reviewed
and approved by the Texas Department of Licensing and Regulation. The
Developer is responsible for all fees associated with the State plan review and
inspection and must submit to the City evidence of the payment of all required
inspection fees.
(a) Designation
A permanent benchmark shall be designated with each Addition or Subdivision.
Benchmarks shall be located on public property in a location acceptable to the
City Engineer. Benchmarks are considered Public Improvements and shall
consist of a brass disk, furnished by the City, set in a concrete structure of
such mass and dimensions and constructed on an unyielding foundation that, in
the opinion of the City Engineer, will ensure the integrity of the benchmark.
(b) Installation
Prior to acceptance of the Public Improvements, benchmarks shall be installed
by the Developer. The elevation, horizontal datum and description of each
benchmark installed shall be certified by a surveyor and submitted to the City
Engineer on a form provided by the City and contained in the Development
Packet. In the event that Public Improvements are not required, benchmarks
shall nevertheless be installed by the Developer and the certified elevation and
description provided to the City Engineer prior to Plat recordation.
(c) Modification
The City Engineer may modify the benchmark requirement if he /she
determines one of the following:
(i) The requirement would create needless redundancy of benchmarking
because an established public benchmark exists in the immediate
vicinity, is readily accessible, and will not be removed or made
inaccessible by construction associated with the Addition or
Subdivision;
62
8.703 REQUIRED IMPROVEMENTS
The Developer shall construct or provide all applicable Public Improvements required by this
Chapter. All improvements which the Developer is required to make shall be made by the
Developer at his expense without reimbursement by the City, except as otherwise provided in
this Chapter. The City may contract with a Developer to construct Public Improvements
relating to the development in accordance with Chapter 212, Subchapter C of the Texas Local
Government Code, as amended.
8.704 FISCAL SECURITY
(ii) The requirement creates undue hardship on the Developer;
(iii) The City's supply of brass disks is exhausted or there is no feasible
opportunity to install a brass disk in a suitable structure. In this case,
the City Engineer may approve a permanent benchmark established in
conformance with generally accepted surveying and engineering
practices; or
(iv) Lack of development within the Subdivision or Addition.
A Developer must post fiscal security with the City prior to a request for recordation of the
Final Plat if the Public Improvements have not been accepted by the City Engineer and
provided that the Subdivision Improvement Construction Plans have been accepted by the City
Engineer.
(1) Amount
The amount of fiscal security posted by the Developer shall equal the estimated cost
plus ten percent to complete the Public Improvements that have not been accepted.
The Developer's engineer must provide the City Engineer with a sealed opinion of the
probable cost for his approval.
(2) Types
A Developer may post as fiscal security:
(a) A performance bond; or
(b) A letter of credit, approved by the City Attorney, as provided in the
Development Packet.
(3) Return of Fiscal Security
The City shall return the fiscal security to the Developer when a final acceptance letter
of the Public Improvements has been issued.
63
(4) Expenditure of Fiscal Security
The City may draw on the fiscal security and pay the cost of completing the Public
Improvements if it determines that the Developer has breached the obligations secured
by the fiscal security or the three (3) year time period for the installation and
construction of the required Public Improvements has expired. The City shall refund
the balance of the fiscal security, if any, to the Developer. The Developer shall be
liable for the cost that exceeds the amount of fiscal security, if any.
8.705 INSPECTION AND ACCEPTANCE
(1) Entry and Inspection
The City Engineer and other City employees shall have the right to enter upon the
construction site for the purpose of conducting inspections. The City Engineer shall
conduct inspections of the Public Improvements during construction to ensure general
conformity with plans and specifications as accepted. If the City Engineer finds upon
inspection that any of the Public Improvements have not been constructed in
accordance with this Chapter and the Design and Construction Standards, then the
Developer shall be responsible for making the necessary changes to insure compliance.
Upon completion of the Public Improvements, the Developer shall arrange with the
City Engineer for a final inspection to determine that the Public Improvements have
been installed and in conformity with the accepted Subdivision Improvement
Construction Plans. The Developer shall pay all necessary inspection fees prior to the
acceptance of the Public Improvements by the City.
(2) Acceptance of Improvements
(a) Request Acceptance of Public Improvements
Upon completion of the construction of the Public Improvements, the
Developer shall request that the City Engineer accept the improvements for
maintenance. Concurrent with the request for acceptance of the Public
Improvements for maintenance, the Developer shall submit all information
required for acceptance of improvements specified in the Development Packet.
(b) Letter of Acceptance
Upon satisfactory completion of the Public Improvements and receipt of the
information and hems requested for the acceptance, the City Engineer shall
issue a letter accepting the Public Improvements and shall forward a copy of
the letter of acceptance to the Planning Director.
64
8.706 MAINTENANCE OF IMPROVEMENTS
The Developer shall be responsible for the maintenance and repair of all Public Improvements
for one (1) year after acceptance of said Public Improvements by the City. Prior to issuance of
the letter of acceptance by the City Engineer pursuant to Section 8.705, a one (1) year
maintenance guarantee, in favor of the City, shall be provided by the Developer by means of a
warranty bond, subject to the approval of the City, in the form specified in the Development
Packet.
65
The following items represent the key changes to the existing Subdivision Ordinance:
• Proposal to eliminate the requirement for a Concept Plan for tracts less than 5 acres within
the city limits. (Section 8.204)
• Proposal to eliminate public hearings for plats, with the exception of those re -plats which
require a public hearing by state law. Notification and public hearing will continue to be
required for Concept Plans. (Section 8.204.6)
• Proposal to include a procedure for a one cycle final plat. The procedure is identified as the
"minor subdivision final plat." (Section 8.207)
• Proposal to provide for administrative approval of public easement vacations. (Section
8.211)
• Proposal to require a tree survey to identify significant trees at the preliminary plat stage.
(Section 8.205.4)
• Proposal to require mandatory parkland dedication. (Section 8.302)
• Proposal to allow City Council to modify the requirements of the Subdivision Ordinance for
those non - recorded subdivisions which existed in their present configuration prior to
January 1, 1970. (Section 8.113)
• Proposal to include a new subdivision fee structure. (Section 8.116)
• Proposal to require a Traffic Impact Analysis prior to all stages of platting. (Section
8.403)
• Proposal to increase street right -of -way widths to accommodate but not require the
planting of street trees. Reduced setbacks were included in the 2002 Zoning Ordinance
revision to accommodate the increased right -of -way widths,
• Proposal to require sidewalks along streets in industrial subdivisions. (Section 8.405)
• Proposal to include separate standards for rural subdivisions. (Section 8.421)
• Proposal that plats show the limits of the Ultimate 100 -year floodplain for all waterways
draining fifty or more acres by hatch marking the area on the plat.
No fences, structures, storage or fill shall be placed within the limits of the Ultimate 100
year floodplain. No portion of the minimum lot area (6500 square feet) for any lot required
by this Code shall be located within the Ultimate 100 -Year Floodplain. (8.604.Sections 1 -
6)
Public Comment:
A public hearing was held on April 28, 2004, at the regular meeting of the Planning and Zoning
Commission. No comments were received. On June 24, 2004, City Council held a public
hearing at which time comments were heard regarding proposed requirements for Traffic
Impact Analyses and proposed requirements regulating the inclusion of floodplain in platted
lots. The public hearing was continued on July 8, 2004.
Representatives from the Capital Area Home Builders Association submitted comments to the
Planning Department on July 1, 2004. Staff incorporated those comments into the draft
document attached to this blue sheet. Comments pertained to the clarification of the
extension period for preliminary plats and to the requirements for the Phase I Environmental
Assessment for dedicated park land.
DATE: July 16, 2004
SUBJECT: City Council Meeting - July 22, 2004
ITEM: 12.C.2. Consider an ordinance adopting the Subdivision Ordinance
(revised), Chapter 8, City of Round Rock Code of Ordinances
(1995 Edition). (Second Reading)
Dep artment:
Staff Person:
Justification:
The purpose of the amendments are to update Chapter 8, Subdivisions, Code of Ordinances
(1995 Edition) to reflect current needs, update application requirements and streamline
processes.
Funding
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Planning and Community Development
Jim Stendebach, Director
Background Information:
To date, three focus groups with the development community have been held to review and
solicit input for the ordinance. The focus groups consisted of local and regional engineers,
developers, utility representatives, and representatives from the Capital Area Home Builders
Association. The majority of comments received from the focus groups have been
incorporated into the draft ordinance, or we have provided reasons, mostly legal, why they
could not be included.
On April 28, 2004, at its regular meeting, the Planning and Zoning Commission held a public
hearing and unanimously recommended the ordinance to City Council for adoption. No
comments were received at the public hearing. On June 24, 2004, City Council held a public
hearing at which time comments were heard regarding proposed requirements for Traffic
Impact Analyses and proposed requirements regulating the inclusion of floodplain in proposed
lots. The public hearing was continued on July 8, 2004.
Representatives from the Capital Area Home Builders Association submitted comments to the
Planning Department on July 1, 2004. Staff incorporated those comments into the draft
document attached to this blue sheet. Comments pertained to the clarification of the
extension period for preliminary plats and to the requirements for the Phase I Environmental
Assessment for dedicated park land.