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HomeMy WebLinkAbout1983-070NO _U-21% AN ORDINANCE REPEALING AND REENACTING APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS, PROVIDING A SEVERABILITY CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That Appendix A to the Code of Ordinances of the City of Denton, Texas, is hereby repealed and reenacted in its entirety to read as follows TABLE OF CONTENTS ARTICLE 1 IN GENERAL CHAPTER I PURPOSE $ INTENT 2 Article 1 01 Policy 2 Article 1 02 Purposes 3 Article 1 03 Authority 3 CHAPTER II SHORT TITLE 4 CHAPTER III VARIATIONS 4 CHAPTER IV DEFINITIONS 6 Article 4 01 Rules for Definition 6 Article 4 02 Definitions 6 ARTICLE II SUBDIVISION REGULATIONS CHAPTER I AUTHORITY 11 Article 1 01 Jurisdiction 11 Article 1 02 Scope of Regulations 12 Article 1 03 Development Standards Requirements in the Extraterritorial Jurisdiction 12 Article 1 04 Approval Required 12 CHAPTER II PROCEDURES FOR SUBMISSION $ APPROVAL 13 Article 2 01 Preliminary Plat 4 Plans 13 Article 2 02 Final Plat F, Plans 13 Article 2 03 Filing of Plat 14 Article 2 04 Subdivision Construction 14 Article 2 05 Acceptance of the Subdivision 14 Article 2 06 General Development Requirements 14 Article 2 07 Replat Procedure 14 ARTICLE III LAND DEVELOPMENT PROCEDURES $ PERMIT REGULATIONS CHAPTER I JURISDICTION & SCOPE 15 CHAPTER II WITHHOLDING IMPROVEMENTS 16 CHAPTER III PROCEDURES $ APPROVAL PROCESS POLICIES 16 PAGE 1 Article 3 01 General Overview of Review Process 16 Article 3 02 Pre -Design Conference Recommended 17 Article 3 03 Annexation Policy 17 Article 3 04 Zoning 19 Article 3 05 Preliminary Planning/Plats 19 Article 3 06 Final Development Review $ Permit Procedures 24 Article 3 07 Construction Phase Procedural Requirements $ Policies 30 Article 3 08 Combined Approval of Preliminary Plat & Lot of Record --Optional Procedure 35 Article 3 09 Special Planned Development Zoning Districts 35 CHAPTER IV GENERAL DESIGN STANDARDS $ IMPROVEMENTS REQUIRED 37 Article 4 01 Purpose 37 Article 4 02 Authority of the Development Review Committee to Recommend Standards Specifications 37 Article 4 03 Streets Standards & Policy 38 fable I -City of Denton, Texas Summary of Recommended Thoroughfare Design Standards 42 Article 4 04 Sidewalk Standards $ Policy 51 Article 4 05 Median Standards 51 Article 4 06 Alleys 52 Article 4 07 Water Utilities Standards 53 Article 4 08 Sewer Utility Standards 54 Article 4 09 Extensions of Water $ Sewer Mains 55 Article 4 10 Alternative Water & Sewer Facilities 59 Article 4 11 Utilities Easement Requirements 62 Article 4 12 Electric, Gas, Cable Television, $ Telephone Utility Standards 63 Article 4 13 Underground Electrical Utility Policy 63 Article 4 14 Street Lights 64 Article 4 15 Drainage Requirements 65 Table II -Runoff Coefficient "C" 68 Article 4 16 Lots, Common Areas & Facilities 71 Article 4 17 Blocks 72 Article 4 18 Building Lines 72 Article 4 19 Fire Lanes 72 Article 4 20 Monuments $ Markers 73 Article 4 21 Development on Existing Lots That Were Previously Approved by the City 73 Article 4 22 Filing Fees 74 ARTICLE I IN GENERAL CHAPTER I PURPOSE AND INTENT Article 1 01 Policy A Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace Land shall not be subdivided and/or developed until adequate facilities and improvements are provided PAGE 2 B Existing and proposed land development improvements shall conform and be properly related to the proposals, policies shown in the officially adopted Master Plans, and the capital improvement budget and program of the City of Denton It is intended that these regulations supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances, official Master Plans, and capital improvement budget and program of the municipality Article 1 02 Purposes These regulations are adopted for the following purposes A To protect and provide for public health, safety, and general welfare of the community B To guide the future growth and development of the municipality, in accordance with the Master Plans C To guide public and private policy and action in providing adequate and efficient transportation, water, sewerage, and other public and private requirements and facilities D To establish reasonable standards of design and procedures for subdivisons and resubdivisions, to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land E To ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the City Article 1 03 Authority A These regulations are adopted under the authority of the provisions of the Constitution and laws of the State of Texas and Charter of the City of Denton The rules and regulations govern the subdivision and development of land in the corporate limits of the City of Denton and shall govern the subdivision and development of land within the extraterritorial jurisdiction of the City of Denton under Article 970a V A T S , as amended, known as the Municipal Annexation Act PAGE 3 B The Planning and Zoning Commission shall exercise the power and authority to administer standards established by this ordinance and review, approve, or disapprove plats and develop- ment plans for subdivision of land and for any development within the corporate limits of the municipality (or unincorpo- rated ETJ areas of the county) which show lots, blocks or sites with or without new streets or highways or any lot improvement activities as defined by this ordinance C A Development Review Committee is hereby established composed of not more than seven (7) members The City Manager is hereby authorized to appoint the members of the Development Review Committee (DRC) composed of key staff members involved in development review and assistance and to designate a chairperson of such committee, which chairperson shall be responsible for coordinating and establishing committee procedures The purpose is to provide centralized technical review of city development regulations and policies and provide centralized staff interpretations and recommendations to the Public Utilities Board, Planning and Zoning Commission, City Council and any other city board charged with authority for review and approval of development matters of the City CHAPTER II SHORT TITLE This chapter shall be known and may be cited as the Denton Development Code and it shall become a part of the Code of Ordinances of City of Denton, Texas CHAPTER III VARIATIONS A Authority Variations and modifications of the general requirements of this ordinance will be made by the Planning and Zoning Commission when, in its judgment, special or peculiar factors and conditions warrant such variations and do not affect the general application or spirit of the rules and regulations, or the Master Plan of the city The Planning and Zoning Commission PAGE 4 shall be the judge in all cases regarding the application of the following rules and regulations Advice and cooperation is offered and will always be given by the Development Review Committee In no case, however, shall the Commission or Council grant such modifications unless it finds that all of the following conditions are satisfied 1 That the modified proposal would conform to the City Master Plans Z That literal enforcement of a provision would result in an extreme hardship for the development of the subdivision 3 That granting of a modification will not have the effect of preventing the orderly subdivision of other land use in the area 4 That the modification accomplishes the spirit and intent of the standard (Even though the modification may not meet the letter of the applicable standard, it provides for a better project design For example the requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the 100-year flood plain and the system is designed to provide detention qualities that help correct downstream drainage problems ) 5 That the problem in question is not generally common to other properties in the City If the problem standard in question is of general application to numerous properties throughout the City, then the Planning and Zoning Commission is prohibited from granting such variance, but should instead recommend an ordinance change to the City Council 6 The actual pecuniary cost of development of the property shall be considered for modification of standards 7 That the hardship must be a physical hardship relating to the property itself as distinguished from a hardship relating to convenience 8 That the hardship must not result from the applicant's or property owner's own actions B Procedure The owner of any tract of land aggrieved under these regulations shall apply to the Planning and Zoning Commission for a hardship variance On such application all adjacent property owners shall be notified 10 days in advance of the scheduled hearing for variance request Upon review and public hearing the Planning and Zoning Commission shall make a PAGE 5 determination A determination to grant a variance must be made by a majority of affirmative votes of the Planning and Zoning Commission Denial of a variance shall be final unless appealed to the City Council for final decision Discretion of the Planning and Zoning Commission and the City Council in the application of these standards is also provided through a planned development zoning procedure, which shall take precedent over the above variance procedure CHAPTER IV DEFINITIONS Article 4 01 Rules for Definition For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof A Words used in the present tense shall include the future, words used in the singular number shall include the plural number, and words used in the plural shall include the singular B The word "shall" is mandatory and the word "may" is permissive C The phrase "used for" shall include the phrases, "arranged for," "designed for," "intended for," and "occupied for," and shall apply exclusively to physical uses Article 4 02 Definitions For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided Words and terms used, but not defined, in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City Alley A public way less in size than a street, designed for the special accommodation of the property it reaches, and not intended for general travel or primary access Acreage, Gross The acreage included within a boundary and also including, if any, one-half of the right-of-way of abutting public thoroughfares and, if any, one-half of the area adjacent public open space or drainage ways provided that the maximum PAGE 6 abutting area that may be included is the area within 100 feet of said boundary line Acreage, Net The acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc but excluding all public ways Appeal A request for a review of the Development Review Committee or city board's and commission's interpretation of any provision of this chapter or a request for a variance Area of Shallow Flooding A designated AO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident Average Current Cost The cost per foot determined periodically, but no less than annually, by the Public Utilities Board of the City based upon actual construction costs of water and, separately, sewer mains in the City of Denton, considering all appurtenances thereto and needed therefore, during the period preceding such determination, and mathematically averaging same and dividing by the number of feet constructed under such contracts for water and for sanitary sewers Area of Shallow Flooding Hazard The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year Applicant The owner of land proposed to be subdivided or his representative Consent shall be required from the legal owner of the premises Build To erect, convert, enlarge, reconstruct, restore, or alter a building or structure Building Any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind Building Line A line established beyond which no part of a PAGE 7 building shall project, except as otherwise provided in the Zoning Ordinance Base Flood The flood having a 1 percent chance of being equaled or exceeded in any given year CA The product of the runoff coefficient and the drainage area in acres City The City of Denton, Texas Commission The Planning and Zoning Commission of the City Committee The Development Review Committee (DRC) Council The City Council of the City Developer A general term including all persons, firms and corporations developing, building or using land for any purpose other than one single-family residence, and the term shall expressly include subdividers of residential and nonresidential property Development Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, utility installation, excavation or drilling operations (also see lot improvement) Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A Flood Insurance Rate Map (FIRM) An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community Flood Insurance Study The official report provided by the Federal Insurance Administration The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary floodway map Floodplain The area outside the floodway which is still subject to inundation by the regulatory flood This area is designated by FP PAGE 8 Frontage That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot Lot A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development Lot of Record A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Denton County or a parcel of land which has been approved as a lot pursuant to the requirements of this ordinance by the City and filed with the City as an approved lot of record A lot or any interest therein, which is not part of a recordable subdivision but which is filed with the City as an approved lot shall not be titled nor conveyed by reference to a lot number Lot Improvement Any building, structure, work of art or other object, or improvements of the land on which they are situated whether immediate or future which includes streets, alleys, utilities, drainage modifications, access modifications including curb cuts and other similar activities covered by these regulations Lot improvements include offsite work accomplished for the betterment of removed building lots Master Plan Those plans adopted by the Council as a guide to the systematic physical development of the City Owner An all inclusive term denoting the person, firm, corporation or partnership with primary responsibility toward the City to see that these subdivision rules and regulations and the ordinances of the City are complied with The term includes person, firm, corporation, partnership or agent, attorney -in - fact, manager or director, developer, developer's contractors including engineer, builder, planner, etc Such term as used herein always includes one or more of the above who own all or any part of the land which is contemplated to be developed PAGE 9 Planned Unit Development A zoning concept which allows flexibility in dwelling types, arrangement, lot sizes, and common open space as exceptions to normal development standards, based on an approved Final Development Plan Public Improvement Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement or for which local government responsibility is established Resubdivision A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions Right -of -Way A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use The usage of the term "right-of-way" for landplatting purposes shall mean that every right-of-way hereafter established as shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels Rights -of -way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established Special Circumstances (in regard to utility extensions) Only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved PAGE 10 Subdivider Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing, develop- ing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control by any of the foregoing Subdivision Any land, vacant or improved, which is hereafter divided in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto shall cause a plat to be made thereof Variance A grant of relief to a person from the require- ments of this ordinanace when specific enforcement would result in unnecessary hardship A variance, therefore, permits construction or development in a manner otherwise prohibited by the ordinance ARTICLE II SUBDIVISION REGULATIONS CHAPTER I AUTHORITY Article 1 01 Jurisdiction These regulations shall govern any and every person, firm, corporation or organization owning any tract of land within the corporate limits of the City of Denton or its extra -territorial jurisdiction who may hereafter divide the same in two or more parts for the purpose of laying out any subdivision of any tract PAGE 11 of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto shall cause a plat to be made thereof Article 1 02 Scope of Regulations The scope of these regulations shall include rules governing plats, plans, subdivisions and development of land within the City of Denton, Texas and its legally defined extra -territorial jurisdiction including certain definitions, providing procedures for the approval of subdivision plats, prescribing regulations for the design and construction of streets, sidewalks, alleys, water and sanitary sewage utilities, drainage and community facilities, in conjunction with immediate or future development upon that property Article 1 03 Development Standards and Requirements in the Extra -Territorial Jurisdiction All major development areas in the ETJ will be reviewed for possible annexation as required by the annexation policy subsection 3 03 If after the study the area is not annexed then the county construction standards will apply unless specifically noted otherwise in the following list A Water and sewer standards B Plat processing (document review, recording and general city plan conformance, location and dimensions but not construction standards which shall be according to county standards ) Article 1 04 Approval Required Unless and until any such plan, plat or replat shall have been first approved in the manner and by the authorities provided for in this ordinance it shall be unlawful within the area covered by said plan, plat or replat for any city official to serve or connect said land, or any part thereof, or for the use of the owners or purchasers of said land, or any part thereof, with any public utilities such as water, sewers, light, PAGE 12 gas, etc, which may be owned, controlled or contributed by the City No improvements shall be initiated, nor contracts executed until the approval of the City has been given Disapproval of a Final Plat by the City shall be deemed a refusal by the City to accept the offered dedications shown thereon Approval of a Final Plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvements CHAPTER II PROCEDURES FOR SUBMISSION AND APPROVAL Article 2 01 Preliminary Plat and Plans The developer is required to submit a preliminary plat and plans of the subdivision to the City of Denton Submittal shall include an application requesting review and the required filing fees The purpose of the submittal is to allow the Planning and Zoning Commission to review overall platting of the tract, water and sewer service, and street patterns within the subdivision for conformance with the requirements of the City It also provides the City an opportunity to make preliminary estimates of any City participation that may be required in street and utility costs in the subdivision The requirements for such submittal and review are the same as outlined in Article III, Chapter III Article 2 02 Final Plat and Plans Plat and Plans Review Procedure The developer or his engineer shall submit the final plat and complete construction plans to the Planning and Community Deve- lopment Department for review Submittal shall include an appli- cation requesting review and payment of the required filing fees PAGE 13 The requirements for such submittal and review are the same as outlined in Article III, Chapter III Article 2 03 Filing of Plat After approval of the final plat by the Planning and Zoning Commission as outlined in Article III, the developer or his engineer shall submit to the Planning and Community Development Department the required number of copies for filing with the County Clerk These copies shall bear all signatures but those of the city officials After signature by these city officials, the developer or his engineer must complete the filing process and return the required number of filed copies to the Planning and Community Development Department Said copies shall show the volume and page of the Map and Plat Records into which the plat was filed by the County Clerk Article 2 04 Subdivision Construction The requirements for construction permit and subsequent procedures are the same as outlined in Article III Article 2 05 Acceptance of the Subdivision The requirements for such acceptance are the same as outlined in Article III Article 2 06 General Development Requirements All development requirements shall be the same as outlined in Article III Article 2 07 Replat Procedure A A public hearing is required on all replats when the previous plat is not vacated (Vacation is an alternative procedure that does not require public hearing ) B If the previous plat is not vacated and the area proposed for replatting was zoned for residential use for not more than two residential units per lot or deed restricted for same (within preceding five years), then the following procedure is required 1 Notice by Planning and Zoning Commission (or governing body) for a public hearing must be published fifteen (15) days in advance of the hearing PAGE 14 2 Written notice of the public hearing must be forwarded to the owners of all lots in the immediate preceding plat at least fifteen (15) days prior to the hearing, however, if the preceding plat contains more than one hundred (100) lots, the notice shall be mailed to those owners within five hundred (500) feet of the parcel to be replatted 3 If 20 percent or more of the owners of lots in the previous plat file a written protest the Planning and Zoning Commission or governing body shall require the written approval of 66 2/3 percent of the owners of all lots in such plat or the owners of all lots in such plat within five hundred (500) feet of the property to be replatted if the preceding plat contains more than one hundred (100) lots 4 All replats of single family lots shall also include a courtesy notice to all residents within 200 feet of the proposed replat without regard to whether such persons reside within the boundaries of the existing plat Such notice shall be in addition to notification requirements imposed by statute, provided, however, failure to comply with such additional notification requirements shall not affect the validity of the replat proceedings 5 All replats shall be first presented to the Planning and Zoning Commission for its recommendation to the City Council for final action C The above procedures are not required when the sole purpose of the plat is to correct errors ARTICLE III LAND DEVELOPMENT PROCEDURES AND PERMIT REGULATIONS CHAPTER I JURISDICTION AND SCOPE The following regulations cover all lands within the City or Extra -Territorial Jurisdiction which are being prepared whether immediate or in the future for development by reason of road construction, utility construction or service request, drainage modification, building permit request or other similar development and lot improvement activities covered by these regulations These regulations do not cover lots for which a building permit is requested in agricultural zoning districts or accessory building construction, provided that such building construction does not require additional road access or increase PAGE 15 traffic on such roads, does not require additional utility service, does not require drainage modification, does not require additional curb cuts or other similar development activities covered by these regulations CHAPTER II WITHHOLDING IMPROVEMENTS It shall be the policy of the City to withhold all city improvements, including the maintenance of streets and the furnishing of sewage facilities and water service, from all developments that have not been officially approved according to these regulations No improvements should be initiated, nor contracts executed until the approval of the City has been given CHAPTER III PROCEDURES AND APPROVAL PROCESS POLICIES Article 3 01 General Overview of Review Process In order to allow orderly processing of a proposed develop- ment, the procedures discussed in the following sections shall be used The steps for approval shall include A Pre -design conference with Development Review Committee (Conference may be required ) B Annexation by the City Council (if applicable) C Zoning by the Planning and Zoning Commission and the City Council D Approval of the preliminary plat and preliminary engineering plans by the Planning and Zoning Commission and City Council Approval of a general development plan for large tracts may also be required by Planning and Zoning Commission E Approval of the final engineering plans by the City Engineer F Approval of the final lot of record and engineering plans by the Planning and Zoning Commission G. Execution of development contract as furnished by City Engineer (optional) H Recording of all executed easements, dedications and other documents required and, if a subdivision as defined PAGE 16 herein, filing of approved plat with the Denton County Clerk I Letter from the chairperson of the Development Review Committee that all approvals are complete J Letter to start construction from the City Engineer (Pre -construction meeting will be required ) K Completion of construction and acceptance of all improvements by the City Engineer L File final Lot of Record if contract option not taken (See step G ) Article 3 02 Pre -Design Conference Prior to the filing of any plans, plats or proposed developments, an applicant shall consult with the Development Review Committee, unless specifically waived by the Development Review Committee Chairman Article 3 03 Annexation Policy It is the general policy of the City of Denton to assess on a case -by -case basis the annexation of areas in the extra- territorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occur in the near future The following are guidelines for determining when annexation study should be considered 1 Guidelines for Initiating Study A Single family developments over five lots, or B Multi -family, industrial or commercial developments over one acre, or C Any area where the density exceeds 500 units per square mile, or D Any development or area that might have a significant impact upon the City, including but not limited to service costs, increased traffic, utility needs or utilization, safety or health hazards When any or all of the above conditions exist, appropriate city staff shall review the proposed development for the purpose of considering annexation The review shall also include PAGE 17 consideration of the annexation of logical planning areas around the area of initial concern 2 Guidelines for Scope of Study In studying the questions of whether or not an area should be annexed, the following criteria shall be considered at a minimum (guidelines for scope of study) A The ability of the City to furnish normal urban services equal to other comparable areas inside the city limits (Note water and sewer system capabilities are considered, but lines for individual areas are normally not city financial responsibility ) B The reliability, capacity and future public cost (if any) of current and planned provisions for community facilities such as roads, utilities, etc (Private facilities will be considered ) C The need and quality of land use and building controls (Private controls will be considered ) D Impact on the City, both current and long range, including at a minimum 1 Fiscal cost and benefits, 2 Traffic, 3 Infrastructure of roads, utilities and other community facilities, 4 Safety or health, 5 Building/development quality, 6 Aesthetic quality, and 7 Community character E Conformance with or need to ensure conformance with the officially adopted Master Plans of the City If, after preliminary study, the above criteria indicate a need to consider annexation in order to promote or protect the public interest, then the City will initiate formal annexation proceedings to consider the annexation question in detail If a property in the ETJ is contiguous to the city limits and the owner of said property desires that it be annexed in PAGE 18 order to be qualified to receive city services when available and to be afforded zoning protection, the owner may petition the City for annexation 3 Study and Annexation Procedure A Based upon guidelines for initiating study (Section 1) the staff is required to initiate a preliminary assessment of the area for possible annexation B The results of the preliminary assessment are presented to the City Council as a work session item The City Council will review the study results and other information and make a determination whether or not formal study and public hearings and annexation proceedings should be initiated C If formal public hearings are initiated the planning and Zoning Commission is to review the annexation study and make a recommendation to the City Council D The City Council will then consider all recommendations and public comment during the prescribed public hearings phase, and make determination whether or not to initiate formal annexation proceedings E Formal annexation proceedings accomplished (if applicable) F City Council make final determination Article 3 04 Zoning If the property is not zoned as required for the proposed subdivision, permanent zoning shall be requested Application for zoning includes completion of application forms, payment of required fees, and performance of other requirements of the Zoning Ordinance and the rules and regulations of the City, these policies may from time to time be passed or amended Article 3 05 Preliminary Planning/Plats Preliminary plans are to be submitted, reviewed and approved prior to starting detail engineering design Such approval of preliminary plans assures the City's concurrence and avoids costly delays if re -design is required Preliminary plans are of two forms, General Development Plan and Preliminary Plan In PAGE 19 most cases both types of plans are not required The following describes when each type of plan will be utilized A General Development Plan When a development is a portion of a large tract under one ownership or is to be developed in phases, the developer may be required to submit a General Development Plan for review and approval by the Planning and Zoning Commission This plan should include the portion to be first developed and, if so done, will constitute the preliminary plan for such section The section to be first developed will require information as detailed in the preliminary plan requirements comprising 3 05 (B) When appropriate or if required by the Planning and Zoning Commission, more than one tract or subdivision may be included within the General Plan The purpose of the General Development Plan is to allow the Planning and Zoning Commission to review proposed major thoroughfare and collector street patterns, land use, and the relationship to adjoining subdivisions or properties A General Development Plan shall be construed to be a detailing of the Comprehensive Plan The following guidelines shall be utilized to determine when such a plan will be required 1 When a development is a portion of a larger tract under one ownership 2 A proposed subdivision is to be developed in phases 3 When offsite road, drainage, or utility connections have major alternative possibilities 4 When a proposed development's roads, drainage, utilities or other such improvements may have a major impact on adjacent or nearby private or public properties 5 When the impact of offsite roads, drainage, utilities or other such improvements cannot be determined by a limited area plan Information Required on General Development Plan The following information is required on all General Development Plans submitted unless waived by the Development Review Committee PAGE 20 I The study shall show the names of adjacent subdivi- sions or the names of owners of record of adjoining parcels of unsubdivided land 2 The study shall contain the existing zoning on ad ooning land, the location, width, and names of ali existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights -of -way, topo- graphy, existing utilities and other important features such as political subdivision or corporate limits and school district boundaries 3 The study shall show the layout and width of proposed thoroughfares and collector streets 4 The study shall show the proposed land uses by area and with a tabulation summary of acres, density and populations 5 The study shall provide a location map showing location of tract by reference to existing streets or highways B Preliminary Plans (or Plats) A Preliminary Plan is required for all proposed subdivisions, lot improvements and developments within the City and ETJ in order to provide the City with the preliminary plans for the development The Preliminary Plan review is intended to produce a subdivision design in which all community planning factors have been recognized and reconciled Compared to a General Plan, it provides more detail such as lotting layout, residen- tial streets, drainage pattern, etc , but not the detail of a Final Plan, in which engineering requirements of dimensional precision are the major objective Information Required on Preliminary Plan (or Plat) On one or more drawings the following information is to be provided unless specifically waived by the Development Review Committee 1 Scale The Preliminary Plat shall be drawn to a scale of 1,, = 100' or 1,, = 50' except that under special conditions a smaller or larger scale may be accepted when prior approval of the Development Review Committee Chairman has been obtained 2 Ownership and Identification a) Name of the subdivider or developer, record owner, and land planner, engineer, or surveyor b) Proposed name of the subdivision or lot of record PAGE 21 51 c) Location of development by City, County and State d) Key map showing location of tract by reference to existing streets or highways e) Date of preparation, scale of plat and north arrow f) Development boundary lines, indicated by heavy lines, and the computed acreage of the development g) Name of the owners of contiguous parcels of unsubdivided land, the names of contiguous subdivisions, and the lot patterns of these subdivisions shown by dotted or dashed lines h) Location of city limit lines and/or the outer border of the City's extra -territorial jurisdiction as provided by the City if they traverse the subdivision or form part of the boundary of the subdivision or are contiguous to such boundary Existing Conditions a) The location, dimensions, name, and description of all existing or recorded public and private right-of-way, including easements, within the subdivision as well as those intersecting or contiguous with its boundaries or forming such boundaries b) The location, dimensions, identification or name of all existing or recorded residential lots, parks, and public areas within the subdivisions c) Permanent structures and uses within the subdivi- sion including location of houses, barns, walls, wells, tanks and other significant features that will remain d) The location, dimensions, description, and flow line of existing drainage structures and the location flow line and flood plain as defined by the appropriate study of existing water courses within the subdivision e) Utilities on the tract, specifying size of lines and those which are transmission lines f) Topography shown by contour lines on a basis of a two -foot vertical interval If such an interval is not available, a five-foot interval is acceptable g) If ereis no aentbeubdncluded' amap w th o n a small scale shall the Preliminary Plan, and oriented the same way, to show the nearest subdivision in each direction, it shall show how the streets or highways in the subdivision plan submitted may connect with those in the nearest subdivision if such connections affect the subdivision design PAGE 22 Proposed Layout a) Any major proposed changes in topography shown by contour lines on a basis of a two -feet vertical interval, unless otherwise specified by the City Engineer b) The location, dimensions, description, and purpose of all proposed alleys, drainage ways, parks, open spaces, other public areas, reservations, easements, or other right-of-way, and blocks, lots and other sites within the subdivision that significantly affect the overall subdivision design c) A number or letter to identify each lot or site and each block d) Data specifying the gross area of the subdivision, the proposed number of residential lots, the area in residential use, the approximate area in parks, and the area in other non-residential uses e) Identification all existing zoning districts f) Show the location and size of water and sanitary sewer mains which will be required to ensure adequate service and fire protection to the lots specified in such proposed development or subdivision, unless waived by the Development Review Committee g) A "preliminary drainage study" is to be submitted concurrent with the submittal of any Preliminary Plan to the City, unless expressly waived by the Development Review Committee The study shall include a drainage area map designating drainage areas and summary of calcu- lation of sufficient detail to assess preliminary sizing of major drainage facilities Also all areas outside of drainage easements or street right-of-way that will be inundated by the 100 year flood shall be shown C Procedure for Preliminary Plan and General Plan Processing Pre -design Conference A pre -design conference with the Development Review Committee is required unless expressly waived by the Committee's Chairperson Submittal Application and fifteen (15) copies of necessary plans and supporting documents shall be submitted to the Planning and Community Deve- lopment Department at least ten (10) working days prior to the regularly scheduled Planning and Zoning Commission meeting A copy of the pro- cessing and meeting schedule shall be approved by the Planning and Zoning Commission and filed in the Planning and Community Development Department and with the City Secretary Total review and processing time by the Planning and Zoning Com- mission shall not be more than thirty (30) days PAGE 23 3 Schedule of Fees Lists of fees approved by the City Council shall be on file with the Director of Planning and Community Development No resubmittal fee shall be required when action is directed from the Commission for further study and the resubmittal is made within six (6) months of original submission 4 Ten (10) days prior to the regularly scheduled Planning and Zoning Commission meeting, a courtesyy notice to all abutting property owners shall be given by the Planning and Community Development Department for plans over one hundred (100) acres 5 The staff Development Review Committee (DRC) The DRC shall review the plans and make a report of their findings for forwarding to the Planning and Zoning Commission The applicant will be afforded an opportunity to meet with the Com- mittee and discuss the report's preliminary conclusions prior to the drafting of the Committee's final report 6 The Planning and Zoning Commission at a regularly scheduled meeting shall review the plans and make its recommendation 7 The Preliminary Plan, including all conditional requirements, shall then be placed on the agenda of the City Council for final action D Approval Time Approval of the Preliminary Plan and/or General Plan shall expire after a period of twenty-four (24) months from the date of approval unless a Lot of Record has been submitted on all or part of the Preliminary or General plan, the Lot of Record submission will automatically extend approval of the remaining portion of the Preliminary Plat for another twenty-four (24) month period However, in no case shall a Preliminary Plan or Plat remain in force more than ten (10) years, unless extended by the Planning and Zoning Commission Article 3 06 Final Development Review and Permit Procedures A. Purpose The purpose of final permit review is twofold First, it is to provide the map which becomes the official lot of record of the division of land or development site whichever the case may be It shall conform substantially to the Preliminary Plan as approved by the City Council The Lot PAGE 24 of Record shall be clearly and legibly drawn in ink on reproducible material and shall be certified as provided in the regulation It may include all or only a portion of the area of the approved Preliminary Plan However, the final plat cannot exclude an area solely for the purpose of avoiding off -site improvements such as drainage, for example In such cases the necessary improvements outside the area of the final plat can be required Whether such off -site improvements will be required shall be determined by the Planning and Zoning Commission based upon one or more of the following guidelines 1 The off -site improvement contributes to the use and function of the lot(s) being platted 2 The excluded area is considered an undevelopable lot 3 The off -site improvement ties into or is part of a continuous system that is already in place Approval of the Lot of Record can be considered the same as the development permit approval step since no subdivision plat may be recorded or no building permit approved until the Lot of Record has been approved Second, part of the process is to receive, review and approve engineering plans Engineering plans showing details of streets, sidewalks, alleys, culverts, bridges, storm sewers, drainage channels, water mains, sanitary sewers and other engineering details of the proposed development shall be approved prior to approval of the Lot of Record Such plans shall be prepared by a Professional Engineer registered in the State of Texas and shall conform to the design standards estab- lished by the City of Denton The Lot of Record will not be recommended for approval to the Planning and Zoning Commission until detailed engineering plans have been approved by the City Engineer If public improvements are to be undertaken on or in conjunction with an approved Lot of Record and no changes are proposed or needed on that Lot of Record, then engineering plans PAGE 25 should include a copy of the approved Lot of Record Engineering Plans will be reviewed according to the same procedure outlined in this section except reapproval of the Lot of Record is not required B Information Required on Lot(s) of Record Map The final map of the Lot(s) of Record may constitute all or only a portion of the approved Preliminary Plan or Plat, but any portion thereof shall conform to all of the requirements of these regulations If final plans or plats are submitted for approval by portions or sections of the proposed subdivision, each portion or section shall carry the name of the entire subdivision but shall bear a distinguishing letter, number or subtitle Block letters shall run consecutively throughout the entire subdivision, even though such subdivisions might be finally approved in sections Lot and block numbers of an approved lot of record not required to be recorded with the County as a subdivision shall not be used to reference such property for the purposes of title or conveyance, nor may the name of such lot of record infer that the property is a recordable subdivision The fact that the lot of record is not a recorded subdivision shall be noted on the City's records 1 Scale The Lot (s) of Record Map shall be drawn to a scale of 1" = 100' or 1" = 50' except that under special conditions a smaller or larger scale may be accepted when prior approval of the Planning Director has been obtained The size of the map shall be 18" x 24" 2 Contents Reference and Identifications a) Proposed title or name of subdivision or deve- lopment, written and graphic scale, north arrow, date, and a key map b) Location of the subdivision or development by City, County and State c) Primary control points or descriptions and ties to such control points, to which dimen- sions, angles, bearings and similar data shall be referred At least one corner shall be tied by course and distance to a corner in a recorded subdivision or to a survey corner A PAGE 26 note describing the corner marker should be included d) Tract boundary lines, right-of-way lines or streets, easements and other rights -of -way, and property lines and building lines of residential lots and other sides e) Adequate location data in order to reproduce the tract or subdivision on the ground f) Approved name and right-of-way width of each street g) Locations, dimensions and purposes of any easements or other rights -of -way h) Identification of each lot or site and block by letter or number 1) Boundary lines and names of open spaces to be dedicated for public use or granted for use of the inhabitants of the subdivision or development J) adjoining to platted recorded b subdivision name plats or J g P k) All required dedication and certification statements C Construction Plans - Information Required Construction plan and profile sheets for all public improve- ments shall be reviewed prior to approval of the final plat The approval of the final plat will not be recommended to the Planning and Zoning Commission until the construction plans have been approved by the City Engineer Construction plans and profiles shall be drawn on sheets measuring twenty-two (22) or twenty-four (24) by thirty-six (36) inches Each sheet shall include north point, scale, and date Bench mark description to sea level datum shall be included with the plans Each sheet shall show the seal and signature of the registered professional civil engineer who prepared the plans, and shall include the following, unless specifically approved otherwise by the City Engineer 1 A plan and profile of each street with top of curb grades shown Scale shall be 1"=40' horizontally, and appropriate vertical scale 2 The cross-section of proposed streets, alleys, and sidewalks showing the width and type of pave- ment, base and subgrade, and location within the right-of-way PAGE 27 3 A plan and profile of proposed sanitary sewers, With grades and pipe sizes indicated and showing locations of manholes, cleanouts, and other appurtenances, and a cross section of embedment 4 A plan of the proposed water distribution system showing pipe sizes and location of valves, fire hydrants, fittings and other appurtenances, with a section showing embedment 5 A plan to scale of all areas contributing storm water runoff or drainage within and surrounding the proposed subdivision Such plan shall indi- cate size of areas, storm frequency and duration data, amounts of runoff, points of concentration, and other data necessary to adequately design drainage facilities for the area 6 A plan and profile of proposed storm sewers, showing hydraulic data, pipe grades and sizes, manholes, inlets, pipe connections, culverts, outlet structures, bridges, and other structures 7 Profile views of individual improvements shall have no more than two improvements on one sheet unless specifically approved by the City Engineer The project engineer is responsible for the accuracy, completeness and conformance to city standards The purpose of the City review is to assure conformance to city policies and standards However the City review is limited to facts as presented on submitted plans Te City takes no project engineering responsibility The engineer certifying the plans is the engineer responsible for the accuracy and completeness of the documents submitted for review and actual construction The City reserves the to actual conditions to be contrary to or D Engineering Plans and Procedures right to require corrections in the field which are found omitted from submitted plans Final Lot of Record Processing 1 Preliminary Review of Final Maps and Engineering Plans Three (3) complete sets of preliminary engineering plans and fifteen (15) copies of the Lot(s) of Record shall be submitted to the Deve- lopment Review Committee Chairperson seven (7) working days prior to a regularly scheduled Development Review Committee meeting Comments from the preliminary review will be given to the applicant for his/her consideration prior to the submission of the final plans to the Planning and Community Development Department for rfquested Planning and Zoning Commission approval The preliminary review by the Development Review Committee will be no longer than seven (7) working days, except for unique or extremely T arge projects (over 100 acres) 2 Public Utilities Board Hearing and Recommendation required for PAGE 28 a) Service to new areas outside the corporate limits of the City b) Request for alternative utility system 3 Final Lot of Record Map and Final Engineering Plans Submission Ten (10) working days prior to the regularly scheduled Planning and Toning Commission meeting the applicant shall submit fifteen (15) copies of the final Lot of Record and three (3) sets of final engineering plans (as described in subsection 3 06 B and C) to the Planning and Community Development Department The Planning and Zoning Commission shall act within thirty (30) days from date of official written request by applicant and deliverance of prescribed fee Failure to act within thirty (30) days on the Final Lot of Record will be considered an approval of the Final Lot of Record 4 ScheCitydule of Cou cilfees will bests of on fileeewithapproved theDirector of Planning 5 Staff Development Review Committee The Development Review Committee shall review the plat and plans and make a report of their findings for the Planning and Zoning Commission The applicant shall be afforded the opportunity to meet with the Committee and discuss the report's preliminary conclusions prior io the drafting of its final report 6 Planning and Zoning Commission Review The Planning and Zoning Commission at its regularly scheduled meeting shall review and approve the Lot of Record 7 Forwarding to City Council The City Council will be forwarded Lots of Record involving determination of City cost participation E Approval and Recording of Lot of Record One (1) reproducible and two (2) other paper copies of the Lot of Record with all required signatures and three (3) copies of the final approved engineering plans are required before the Lot of Record can be recorded with the County Clerk or the City and before building permits are issued or before land development permit can be issued The filing of the Lot of Record is subject to the following conditions 1 The completion and acceptance of required public improvements, or 2 The execution of a development contract with the City (see subsection 3 07) PAGE 29 If an approved Lot of Record plat has not been ailed within two (2) years, it shall be considered null and void unless an extension is granted by the Planning and Zoning Commission Disapproval of a Final Lot of Record Plat by the Planning and Zoning Commission shall be deemed a refusal by the City to accept the offered dedications shown thereon Approval of a Final Lot of Record Plat shall not be deemed an a( ceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvements of any such dedicated parts until the proper authorities of the City have both given their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvement Article 3 07 Construction Phase Procedural Requirements and Policies A Approval Required for Construction Start 1 Certification of plans and plats approved Before any construction can begin, a developer must secure an approved Lot of Record and an official written notice from the chairperson of the staff Development Review Committee that certifies that all development plan review and approval are complete 2 Pre -construction conference and/or agreements required a) Development contract agreement (required for construction authorization if a Lot of Record is to be filed prior to completion of improvements) The contractor shall furnish to the City Engineer, before beginning any improvement operation, three (3) executed sets of the required development contract documents, including payment, performance and maintenance bonds The form of these documents shall be provided to the contractor by the Engineering Department Among other things this contract will outline performance of the work and any other agreement between the City and developer Should the developer and the contractor be one and the same, then the payment bond may be waived by the City Engineer The Development Contract required by the City of Denton shall as a minimum meet the follow- ing guidelines More detailed standard provisions shall be provided by the City Engineer as approved by the Planning and Zoning Commission pursuant to Article 4 02 PAGE 30 Development Contract Minimum Provisions (1) Outline the improvements, exact location, name, and times of construction of each portion of the improvements (2) All improvements shall be constructed under City of Denton standard specifications (3) Performance of work and payments to contrac- tors by the developer shall follow all legal restrictions according to the applicable bond or the City may institute legal proceedings (4) Maintenance bond for required percentage of improvement contract amount by the contractor (5) A performance bond shall be submitted by the developer for a required percentage of the subdivision contract (6) A payment bond shall be submitted by the developer for a required percentage of the subdivision contract (7) Perallfhisance work crews ards for shou d meetetheeveloper folloand wing (a) The liming process for the street subgrade shall not be interrupted or driven on or through during lime application or either remixing process (b) Curb and gutter (concrete) shall not be driven over or on until a minimum of seven (7) curing days have passed If cylinders are taken on the concrete, results of compression tests shall be used to deter- mine the proper curing time (7-28 days) (c) Asphalt pavements shall not be driven on until the City releases the pavement as a fullstrength pavement (d) Seweoutsrshallsnotabeoles operatedvores and a connected to private service lines by the developer's personnel until authorization is given by the city inspector on the project (e) Water lines, valves, fire hydrants, and services shall not be operated or con- nected to private service lines until authorized by the city inspector on the project (8) The developer shall deposit in escrow the amount of two thousand dollars ($2,000 00) to be used if any home or other type building is occupied by a buyer before all improvements (streets, drainage, water, and sewer) are accepted by the City of Denton Acceptance of improvements means all final punch list items, regardless of size or importance have been completed and the required maintenance bond and two (2) sets of as -built drawings submitted to the City of Denton PAGE 31 Violation of the occupancy rule before project completion shall require that the two thousand dollar ($2,000 00) amount be forfeited to the City of Denton and that all building inspections shall cease until the required improvements are finished b) Pre -Construction Conference At the discretion of the City Engineer a pre -construction conference between the City, developer and contractor may be required c) Letter of Authorization to Proceed The City Engineer will authorize in writing that the above steps are complete and that the contractor is authorized to proceed B Construction Inspection and Acceptance The developer shall cause his engineer to design, stake and help interpret the plans during construction of improvements and shall cause his contractor to construct the said improvements in accordance with these regulations and the approved Lot of Record and engineering plans The approved engineering plan shall be so marked on the face by the City Engineer When found to be installed and completed in accordance with the plans and speci- fications as certified in writing by the City Engineer and upon receipt by the City of Denton of a one (1) year maintenance bond from each separate contractor in the amount of 10 percent of the contract price, a sepia set of "as built" plans acceptable to the City Engineer, a letter of the contractor's compliance with these regulations, then the City Engineer shall receive and approve for the City of Denton the title, use and maintenance of the improvements The City Engineer, or his duly authorized representatives, shall be required to inspect fully any and all phases of the construction of improvements for subdivisions The subdivider, or his contractor, should maintain daily contact with the City Engineer, or his representative, during construc- tion of improvements No sanitary sewer, water, or storm sewer pipe shall be covered without approval of the City Engineer, or his representative No flexible base material, subgrade material, or stabilization shall be applied to the street PAGE 32 subgrade without said approval No concrete may be poured nor asphaltic surface applied to the base without said approval The City Engineer, or his representative, may at any time cause any construction installation, maintenance, or location or improvements to cease when in his judgment, the requirements of this ordinance or the standards and specifications as herein - before provided have been violated, and may require such reconstruction or other work as may be necessary to correct any such violation C Cost of Improvements and City Participation All required improvements shall be made by the applicant, at his expense, according to the officially adopted Master Plans, without reimbursement by the City of Denton except for certain oversized or city participation provisions of this ordinance as may be expressly authorized by the City Council and paid as funds are available The remainder of this paragraph provides general participation policy and procedure, the General Design standard (Chapter IV) provides specific conditions for oversized participation in water, sewer and streets Reimburse- ment costs shall be based on actual installation cost where larger facilities are required by the City The City will participate in the cost of any water line having an inside diameter greater than eight (8) inches and of any sanitary sewer line having an inside diameter greater than ten (10) inches if not required by the development Streets larger than thirty-four (34) feet as required by the City shall be considered oversized Any requests by the developer for payment shall be made in writing and shall be presented to the Director of Utilities or to the City Engineer for study The City Engineer shall present his findings, along with his recommen- dations for payment, to the City Council for final approval D Subdivider to Extend Mains to Subdivisions If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer, unless exempt, shall PAGE 33 construct the necessary extension as specified in this ordinance These mains/streets shall be constructed in accordance with the Master Plan of City These facilities shall be in easements, secured and paid for by the developer Such easements shall be properly assigned to the City of Denton before service is extended to the subdivision In cases where easements cannot be secured, the developer may petition the City to authorize condemnation proceedings However, the City will not be liable for any cost 1 Criteria for Extensions For the City to consider using condemnation authority for assistance to extend mains to a subdivision area, a clear evidence of public need and interest must be shown by the applicant The following criteria are presented as guidelines in considering such public need or interest a) The proposed extension must be in accordance with the officially adopted Master Utility Plan b) The proposed extension must be such that it will be able to serve other development areas c) The proposed extension must be supportive of the Denton Development Guide d) The proposed extension will substantially help the overall city economy (For example, it will serve a new plant that employs over fifty people ) e) The proposed extension will help alleviate a critical community need (For example, it would open an area for low income housing that would not otherwise be provided ) f) The extension, if for immediate health reasons, can be construed as an overwhelming public need 2 Review Procedure The applicant for such requests must present a written application justifying public need and interest In addition, the applicant must present written evidence that he has made every practical attempt to secure needed easements This evidence must include an appraisal by an independent fee appraiser as to the current market value and damages (if any) of the easement and documentation that an offer has been made of at least the amount of the appraisal Such appplication shall be forwarded to the chairperson of the Development Review Committee for review and recommendation PAGE 34 Upon notice of such application the City, at least ten (10) days prior to the hearing, will notify all property owners within the proposed easement line and two hundred (200) feet therefrom A hearing of facts by the Public Utilities Board and Planning and Zoning Commission with recom- mendation to the City Council will be required Determination of the City Council will be final E Construction Requirement before Issuance of Building Permits The City Engineer, at his discretion, may authorize building permits within the subdivision if a development contract is executed and the following condition is met Unless otherwise provided for in the development contract, adequate water installation and all-weather fire lanes or roads must be complete to ensure adequate fire protection Article 3 08 Combined Approval of Preliminary Plat and Lot of Record --optional Procedure A Criteria for Preliminary and Final Lot of Record Plat The subdivider has the option to combine the Preliminary Plat, Lot of Record and engineering plans processes This optional procedure is available when 1 The tract to be subdivided (or developed) affects not more than twenty (20) lots, or five (5) acres 2 The subdivision or development does not change any street locations and/or does not affect or involve any collector or major thoroughfare streets 3 The area does not involve directly or indirectly any proposed community facility areas, does not require extensive easements, or is not in an area of extensive flood plains or one raising drainage questions or any other similar community planning consideration B Processing Procedure The processing procedure shall be the same as previously outlined for final plan processing except the processing step M1, preliminary review of final maps, plats or engineering plan is not required Article 3 09 Special Planned Development Zoning Districts Where it is proposed to develop a unified residential, commercial, industrial and/or institutional project under a PAGE 35 Planned Development zoning, the Planning and Zoning Commission may recommend to the City Council the variance of specific requirements of this ordinance based on a detailed site development plan Such modification shall be governed by the Planned Develop- ment ordinance standards for granting such modification from normal standards (refer to the Zoning ordinance for more detail) Planned Development zoning is an optimal zoning and subdivision process intended to provide an avenue to apply new and inventive planning concepts that are not readily accommodated by tradi- tional regulations In reviewing Planned Development plans traditional standards are utilized as the base standard for comparison and guidance Any modification of those standards must meet all of the following criteria A The modified proposal would conform to the City Master Plans B Granting the modification will not have the effect of preventing the orderly subdivision of other land use in the area C The need for a variance of requirements to accomplish a unique project design, as distinguished from a need for a variance for personal convenience D The proposed development cannot be readily accomplished through standard zoning districts or subdivision processes E The proposed modification substantially accomplished the intent of the standard and improves the overall development design (Even though the modification may not meet the letter of the applicable standard, it provides for a better project design For example The requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the 100-year flood plain and the system is designed to provide retention qualities that helps correct downstream drainage problems, as well as provide aesthetic qualities to the project ) PAGE 36 CHAPTER IV GENERAL DESIGN STANDARDS AND IMPROVEMENTS REQUIRED Article 4 01 Purpose The purpose of this section is to outline the basic design and improvement standards and policies for development within the City of Denton It is intended that these standards set the basic development policies for the City and act as the guiding ordinance to other related ordinances, regulations and official plans Other rules, ordinances, regulations and plans that must be coordinated with these general standards include A Building and Housing Codes, B Zoning Ordinance, C Engineering Standard Construction Specifications, D Utility Ordinance, E Flood Damage Prevention, F Fire Codes, G All officially adopted Master Plans, and H Capital Improvement Plan Article 4 02 Authority of the Development Review Committee to Recommend Standards and Specifications The Development Review Committee is hereby authorized and directed to recommend standards and specifications for the design and construction of curbs, street lights, street signs, alleys, utility layouts, utility easements, sidewalks, water supply and distribution systems, fire hydrants, sewage disposal systems, drainage facilities, and other public improvements, and related processing documents, contracts and procedures They shall file same with the Planning and Zoning Commission and/or Public Utilities Board at least thirty (30) days before they shall become effective They may amend the specifications from time to time, provided that an amendment shall be filed with the appropriate board or commission at least thirty (30) days before it becomes effective and no objection or modifica- tion is required by the board or commission No such standards PAGE 37 or specifications shall conflict with this or any other ordinances of the City of Denton All such plans and improvements shall be processed, designed, constructed, installed, located, and arranged by the Subdivider or developer in accordance with such rules, regulations, stan- dards, procedures and specifications Article 4 03 Street Standards and Policy In general, streets should conform to the Master Thoroughfare Plan and the following standards The major street plan can be amended as needed by the City Council as recommended by the Planning and Zoning Commission The collector street portion of the master thoroughfare plan can be amended as needed by the Planning and Zoning Commission according to the collector street criteria set forth in the following collector street subsection A Street -Right -of -Way The owner shall be required to dedicate street right-of-way as shown in the officially adopted Thoroughfare Plan, and accord- ing to the standards and criteria shown below 1 Standards and Criteria for Right -of -Way and Alignment a) Major Arterials (Primary) Basic Functional Classification Criteria These streets transverse the city, usually are eighty (80) to one hundred twenty (120) feet rights -of -way, and a landscaped boulevard and parkway are desirable, if economically feasible including maintenance cost Technical Classification Criteria (1) The route is a major crosstown route, or (2) Major route into town (major regional route to Denton), or (3) Major connection to one or more of Denton's four major centers, and (4) Exhibits design criteria (a) Projected year 2000, volumes exceeding 2100/23,000 vehicles per hour/vehicles per day (b) Projected route does not have any major engineering obstacle PAGE 38 (c) The projected route takes into account any existing parallel routes that might exhibit better traffic flow than the projected route b) Major Arterial (Secondary) Basic Functional Classification Criteria These streets connect major sections of town and usually have a right-of-way of sixty (60) to eighty (80) feet Technical Classification Criteria (1) The route is a major connection between different sections of town, or (2) Major connection between two different primary arterials, or (3) Major connection to one or more of Denton's moderate intensity areas, and (4) Exhibits design criteria (a) Projected year 2000, volumes exceeding 1266/12,600 vehicles per hour/vehicles per day (b) Projected route does not have any major engineering obstacle (c) The projected route takes into account any existing parallel routes that might exhibit better traffic flow than the projected route c) Collector Streets Basic Functional Classification Criteria These are not shown on the major street map in the Denton Development Guide but are specified in a separate map* that is updated yearly by the Planning and Zoning Commission and modified as needed by subdivision review of detailed site design Collector street design should include consideration for all modes of individual transportation Collector street planning is subject to the following policy criteria (1) At least one collector street per area between arterials to collect neighborhood traffic to the major arterials (2) Collector street (or larger) required for higher intensity land uses such as apart- ments (apartments usually defined as a minimum 12 units/acre on two or more acres), industrial areas, and commercial areas *The major criteria for collector street location are these written policies, and the map is only a secondary guide (Nor major streets, the map is primary ) PAGE 39 2 (3) As intensity increases, the number of collectors required increases Collector streets should not be allowed to be incrementally linked -up until a major arterial is created This procedure is the same as setting policy to change land use intensity If such a land use intensity change is desir- able, the Denton Development Guide should first be changed to so indicate the activity center prior to designating a new arterial on the thoroughfare plan Technical Classification Criteria (1) Collects neighborhood traffic and feeds to major arterials (2) In low density areas, normally spaced at one- fourth to one-half mile intervals In high intensity areas, may be spaced every block (3) Usually exhibits the following design criteria (a) Projected year 2000, volume exceeding 790 vehicles per hour or 7100 vehicles per day, (b) Projected route does not have any major engineering obstacle d) Residential (Single or 2 Family) or Local Streets- 50 feet e) Streets in Apartments, Commercial or Industrial Area-60 feet (Collector Street) f) Residential Estate Subdivisions Streets-60 feet (As defined under subsection M ) Required Dedication Criteria When evaluating the need to require mandatory right- of-way dedication in a recordable subdivision, the following general requirements shall be met unless unique public interest conditions exist which would make these guidelines in part or in whole not appropriate a) The proposed land use requires or causes the need for such improvement requiring additional right-of-way b) The officially adopted Thoroughfare Plan of the City and these standards indicate a public need c) The amount of the required dedication is considered reasonable which is generally defined in large subdivisions (over 100 acres) as not more than 35 percent of the property and in small tracts as a lesser percent depending on the tract size d) The required dedication is shown to enhance the use and function of the property PAGE 40 B Design Requirements The following design guidelines shall be followed Interpre- tation of street need classification shall be governed first by the approved Thoroughfare Plan If outside the detail of the Thoroughfare Plan, street classification shall be interpreted on the basis of need as determined by the Plan after a report from the Development Review Committee on overall thoroughfare planning including the projected vehicle trips per day with full development In the case of existing topographic features which prohibit the reasonable use of the following specified design requirements, consideration will be given for a variation A request for such a variation must be made in writing to the Development Review Committee for its approval and must include an accurate topographic map of the area in question showing the proposed design Design requirements are summarized as Table 1 (TABLE ON PAGE 42) PAGE 41 N N b 4J A C) 4J 0 d N N O H H 0 U 0 N W tY 4-' O 0 N z 04 4J o 4) u "d O O M 0) O \Ln dP O cd O .� M Ln O N CD « « O \ \ N « N to d) O d to M p N L7 P > Ri y « CK G1, H 0 CD - - 4J �<r U - O d .. 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U U' U 0; N P+ O by 0 to 41 H F ++ ^H c O C3 0O QA N 0 41 W HH LH41 r q 10 0) 4) >,> q O 0 7 N Cam, CuI H 0 0 0 0 0 0 N (A cd C O H N O 4)0 W i c ++ ,.4 U U\ b0 0 0 14 7 P, m 14 0 cd k3 U❑ H t, H 3 y u d 4 H H H H H H H H 044J H 4+ H H H r Q CO H Q� > r bo r-I a to 0 x q'O O in 0 ^0 r ro 0 H > P. td O - cd c0 W 0 fd H -c: Cl) 00 d H cd H td IJ H H H H 0) H O IJ N N iJ - > O o, x A �4 d o A 3: 0r 244 cd C4 to A 00.07 o 0.i .. z a tx > ., r. .. ., .. .. .. .. .. .. .. .. .. ., d « s « « ««« ri N M d to 00 O O rH N M 4c PAGE 42 I C Street Cost and City Participation The owner shall be responsible and pay all costs for the design and construction of all streets within his development except streets over thirty-four (34) feet as required by the City as defined below The developer shall build these streets in accordance with city standards The City will participate in the paving cost only (subject to funds available and approval of City Council) on street paving costs above a thirty-four (34) foot pavement section on streets required by the City, above and beyond the traffic needs of the proposed development D Relation to Adjoining Street System The proposed street system shall extend all existing major streets and such collector streets up to logical termination according to the preceding criteria Local access streets are to be extended as may be desirable for public safety and convenience of circulation Where possible, the width and the horizontal and vertical alignment of extended streets shall be preserved E Street Jogs Where off -sets (jogs) in street alignment are in the opinion of the Planning and Zoning Commision desirable, such off -sets may be employed provided the distance between center lines is not less than one hundred twenty-five (125) feet F Cul-de-Sacs and Dead-end Streets 1 The maximum length of a cul-de-sac or dead-end street with a permanent turnaround shall usually be one thousand (1000) feet, except under unusual conditions with the approval of the Planning and Zoning Commission 2 Turnarounds are to have a minimum right-of-way width of one hundred (100) feet and a minimum forty (40) foot outside radius for single-family and two-family uses, and a minimum right-of-way width of one hundred twenty (120) feet and a minimum fifty (50) foot outside radius for all other uses 3 Temporary dead-end streets may be approved by the Planning and Zoning Commission if adequate, all-weather turnaround is provided "Adequate, all-weather turnaround" is defined as a turn- around that is of sufficient size to accommodate PAGE 43 fire and sanitation vehicles and is of a construction quality comparable to standard road cross -sections G Street Intersection Except where existing conditions will not permit, all streets shall intersect at a ninety degree (900) angle Variations of more than ten degrees (10°) on Residential or Local streets and more than five degrees (50) on Collectors and Thoroughfares must have the approval of the Planning and Zoning Commission H Perimeter Streets 1 General Partial or half -streets may be provided where the Planning and Zoning Commission feels that a street should be located along a property line Wherever a half -street has already been provided adjacent to an area to be subdivided, the other remaining portion of the street shall be platted with such subdivision Where part of a street is being dedicated along a common property line, the first dedication shall be one-half of the proposed street right-of-way 2 Unimproved Perimeter Streets Adjacent to Subdivi- sions and Development Lots a) The term "unimproved street" shall mean a public thoroughfare without paved curb and gutter which affords access by vehicles and pedestrians to abutting property b) Upon any land being subdivided or otherwise developed in an area adjacent to existing unimproved streets (excluding State or Federal highways), the developer shall bear half the total cost of paving (up to 17 foot width) and installing curb and gutter for all such unimproved perimeter streets adjacent to the area being subdivided or otherwise developed Provided, however, that the Planning and Zoning Commission may either waive or postpone this requirement in the manner as set forth below (1) For the following listed developments, the Planning and Zoning Commission may waive the required improvements of an unimproved street by the developer after considering such factors as (1) the extent of exist- ing and anticipated development in the area, (2) the amount of anticipated vehicular and pedestrian traffic, and (3) the current condition of the unimproved streets under consideration (a) Single family development not exceed- ing three (3) acres in size or three (3) lots, or PAGE 44 I (b) Industrial, commercial, or multi -family deve- lopment not exceeding three (3) acres in size (2) In all developments, the Planning and Zoning Commission may postpone the required improve- ments of an unimproved street by the developer should it be determined that such improvements are not feasible or desirable at the time of development If such improvements are post- poned, the developer shall either (a) Post an approved performance bond acceptable to the City for one and one-half the current estimated cost of construction and enter into a written agreement with the City obligating the developer to pay for such costs, or (b) Place his pro-rata share (half the total cost of paving and installing curb and gutter for the unimproved street) in an escrow account with a Denton bank acceptable to the City and enter into a written agreement obligating the developer to pay such pro-rata share Said interest from such an escrow account shall be made payable to the City to offset inflationary costs of construction If the funds are not used within nine (9) years the City shall hold a public hearing to show clear intent to improve the road within one year, if no such intent is shown, the funds and interest will be returned (3) Any developer who builds one-half the street and desires to provide ultimate drainage facilities for the whole street will be able to collect up to one-half of the cost of the drainage improve- ments when adjacent properties develop by signing an appropriate pro-rata agreement with the City of Denton If it is not financially feasible for the developer to provide drainage improvements in accordance with the City of Denton drainage design standards due to the need to rebuild downstream structure or to do extensive amounts of off -site work, the Planning and Zoning Commission may choose to accept cash payment in the amount of 50 percent of the cost of the drainage system as shown on the City of Denton Master Drainage Plan or comparable study in lieu of the drainage improvements Driveway/Median Cuts 1 Residential Driveway Access to Arterial Streets Residential driveway access to arterial streets should not be permitted except for major multiple family "cluster" developments 2 Number of Direct Access Driveways (Curb Cuts) a) Street Classification No of Curb Cuts Primary Arterial Only for major generators under specific conditions (See b F, c below) PAGE 45 Secondary Arterial 1 per 200 feet of frontage Collector 2 per 100 feet of frontage Local (Residential) 10 foot separation unless joint access b) It is the policy of the City to discourage driveway cuts onto the major arteries of the City Driveway cuts onto the City's major streets will be allowed only when (1) There is no other feasible alternative, or (2) Traffic engineering studies clearly show a need which such study shall use the following criteria (subsection c) as part of the need evaluation c) More driveways than permitted in the above chart may be needed Such additional drive- ways can be permitted under the following conditions (1) If the daily volume using one driveway would exceed five thousand (5,000) vehicles (both directions) (2) If the on site peak hour traffic volume exceeds five hundred (500) vehicles per hour (both directions) (3) A competent professional traffic analysis shows that traffic conditions warrant more driveways Part of this study must include data indicating volumes compared to above standards and must show how alternative arrangements, joint access, etc, will not work d) Every separately owned lot of record will be permitted access through one driveway, either on the parcel or as part of joint access 3 Spacing of Direct Access/Driveways (Curb Cuts) For Commercial or Multi -family Driveways shall be spaced a minimum of two hundred (200) feet apart on arterial streets and fifty (50) feet apart on collector streets In unique circumstances, where such spacing would create a hardship, the spacing can be reduced by one of the following methods a) On arterial streets where the average spacing of driveways within three hundred (300) feet of the subject property could be maintained at two hundred (200) feet, a minimum spacing of one hundred fifty (150) feet would be permissible On collector streets where the average spacing within one hundred (100) feet of the subject property could be maintained at fifty (50) feet, a minimum spacing of thirty (30) feet would be permissible PAGE 46 b) Where such spacing control cannot readily be achieved within a particular parcel, joint access with an adjoining property should be sought c) If the City Engineer is satisfied that sufficient attempts to secure joint access have been made and that joint access is still not possible, and access cannot be provided via another street, driveway spacing of not less than one hundred fifty (150) feet for major arterials, one hundred (100) feet for secondary arterials and thirty (30) feet for collector streets may be granted by the Development Review Committee if minimum corner clearances are met However, this access on arterial streets should be limited to right turns in and out (left turns in and out prohibited) d) Additional variation of this standard is permitted by application to the Planning and Zoning Commission after recommendation from the Development Review Committee and Traffic Safety Commission as provided in subsection 8 and 9 4 Corner Clearance The minimum curb length between a driveway and an intersection of the arterial with a cross street should be not less than forty (40) feet If the intersection is or is likely to be signalized, then traffic movements to and from any driveway within one hundred twenty-five (125) feet of an intersection with a collector and two hundred fifty (250) feet of an intersection with an arterial should be limited to right turns only However, when possible corner clearance shall be within the following guidelines ARTERIAL MINIMUM CORNER CLEARANCES GUIDELINES (For Multi -Family, Commercial or Industrial) Minimum Corner Clearance, Feet* Intersection Desirable Critical Type Minimum Minimum Arterial -Arterial 300 250 Arterial -Collector 200 125 Arterial -Local 100 50 Desirable minimum corner clearance is the clearance needed to assure that conflicting driveway and intersection movements do not overlap *Corner clearance is measured from the intersection curb to the near driveway curb PAGE 47 Sight Distance, On Site Maneuvering, and Parking Lot Design Adequate sight distance and on site maneuvering should be available from every driveway Any movement for which adequate sight distance isnot available or any parking lot design oes not provide adequate on site maneuvering should not be permitted For example, if parking is within twenty-five (25) feet of the driveway, for commercial or multi -family developments under three (3) acres or within fifty (50) feet of the driveway for commercial or multi -family develop- ment over three (3) acres, either the parking should be rearranged or joint access should be considered or access to another street should be sought 6 Median openings If and when medians are constructed on any arte- rial (street), spacing between median opening should be at least four hundred (400) feet The spacing may be reduced to three hundred (300) feet if a competent traffic study shows that a lesser spacing will still safely and efficiently accom- modate left turn movements to existing and projected future development in the immediate vicinity Width of Driveway Approaches The standards below shall apply unless traffic studies indicate variation is necessary, varia- tions can be approved by the Planning and Zoning Commission according to regular permit procedure (subsection 9) Width Radius Multi -Family Commercial 20' recommended 12' minimum (1-way) on arterial 30' maximum (2-way) streets, 24' recommended 10' minimum Single and Two -Family 5' radius 10' minimum 20' maximum Note Where significant truck traffic is projected for two-way access a thirty-five (35) foot driveway width and twenty (20) foot curb radius may be required by the City hngineer Special Land -Use Requirements Certain land uses may require driveways which do not totally conform to the guidelines stated pre- viously Examples of these land uses are service stations and drive-in banks Applications for permits for "non -conforming" driveways for any of these land uses should be processed according to **Also see Zoning Ordinance parking lot requirements for detail parking standards PAGE 48 the following subsection 9 procedure and should be accompanied by a traffic engineering study technically justifying the nonconforming features As a part of this study, alternative arrangements should be laid out and specifically shown how they will not work before variations can be considered However, in no case should variations in corner clearances be permitted, since they are critical to safe, efficient intersection operation 9 Permit Procedure a) Information Required Application for a curb cut permit can be made as part of the building permit request or as a separate request Driveway permit applications shall contain sufficient information, when combined with the building permit and site development plan, to allow the city to fully assess the adequacy of the proposed driveway design An industrial, commercial or multi -family permit application for arterial and collector streets shall include, at a minimum, the following (1) Drawn to scale (1"=50' or less) (2) The dimensions, locations, and design of the driveway(s) being requested (3) The location of any buildings or structures, either existing or proposed (4) The type of land use activity and site development (e g , floor space) (5) The parking lot with the proposed internal circulation pattern (6) Show all existing or proposed driveways, gutters, storm sewers, manholes, fire hydrants, utility poles, service fixtures, etc , which may be affected or which may affect driveway operations (7) Show any existing driveways or curb -cuts located on adjacent lots or lots across the street (8) Show all of the geometric design features of the roadway itself, including the presence of a median, the number and width of travel lanes, the presence of a shoulder or a parking lane, etc (9) Show the distances to intersecting streets (10) A traffic engineering study of professional traffic engineering standards may be required by the Development Review Committee on any request for more than one driveway cut on any major arterial street of the City, or any request on an arterial street that varies from the general curb cut standards PAGE 49 b) Processing Procedure An approved curb access permit is required prior to the issuance of a certificate of occupancy Curb cut request for single family, two family and townhouses shall be reviewed and approved by the City Engineer Curb cut request for industrial, commercial or multi -family shall be reviewed by the City Engineer and a report of his finding shall be made to the Development Review Committee, who shall make determination of such request If a driveway permit application is rejected and the situation cannot be resolved by submission of a revised plan, then the applicant can appeal such ruling to the Traffic Safety Commission, who shall make a recommendation to the Planning and Zoning Commission who shall make final determination Driveway permits will be issued for a given use and a specific certificate of occupancy Land use requiring a new certificate of occupancy would also require a new driveway permit based on the anticipated new building use or development plans J Street Names New streets shall be named so as to provide continuity of name with existing streets and to prevent conflict with identical or similar names in other parts of the City K Private Streets Private streets shall be prohibited except in Planned Deve- lopment zones as approved by the City Council L Large Lot Subdivisions If the lots in the proposed subdivision are large enough to suggest resubdivision in the future, or if a part of the tract is not subdivided, consideration must be given to possible future street openings and access to future lots which could result from such resubdivision M Estate Subdivisions For Estate Subdivision as herein defined (one (1) acre lots with 100 feet or more frontage for single family use), a pave- ment width of twenty-four (24) feet without curbs is allowed Pavement quality must meet the minimum quality of the City of Denton standard specifications PAGE 50 N Off -site Street Connection See Section 4 16, Part B - Lot to be fronted on a public street Article 4 04 Sidewalk Standards and Policy At the discretion of the Planning and Zoning Commission, the developer shall install sidewalks on one side of all thorough- fares and collector streets within and adjoining a subdivision, or, in lieu thereof, a comprehensive system of public walkways to serve all properties within the subdivision The sidewalk should be placed to tie in with access to schools as a primary criteria Also all local streets which are located immediately adjacent to a school site and for a distance of one block shall have a sidewalk along one side In a residential subdivision, sidewalks shall normally be placed in the right-of-way one (1) foot from the property line, shall be four (4) feet in width, and shall include required ramps Final design details shall conform to the standard engineering specifications for the City of Denton Article 4 05 Median Standards A No median unit will be permitted except on major arterial roadways (primary and secondary) as defined by the major thoroughfare master plan B Minimum width of 14 feet from back to back of curb will be accepted Medians less than 14 feet in width must be of a maintenance free surface C Contractors shall be required to keep the median areas clean and free of debris, concrete waste and other construction waste Medians shall be equipped with a water supply and outlets spaced a minimum of every 100 feet apart Provisions for an underground electrical supply shall be provided for each median unit for purposes of automatic irrigation This shall be determined by the Parks Division prior to construction D Contractors are to fill each median unit with top soil and each unit shall be fertilized, seeded and watered in a PAGE 51 proper manner to establish a turf grass cover Article 4 06 Alleys A Commercial and Industrial Areas Alleys shall be provided in commercial and industrial districts where other definite and assured provisions are not made for service access, such as off-street loading, unloading, parking and fire -fighting access consistent with and adequate for the uses proposed B Residential Areas Alleys are not required C Alley Width All alleys shall be paved In commercial areas, the minimum width of the alley right-of-way shall be twenty (20) feet and the minimum pavement width shall be sixteen (16) feet In residential areas, the minimum alley right-of-way width shall be sixteen (16) feet and the minimum pavement width shall be twelve (12) feet D Turnouts Alley turnouts shall be paved to the property line and shall be at least twelve (12) feet wide at that point Paving radius where alleys intersect Thoroughfares shall be twenty (20) feet, and shall be ten (10) feet at intersections with all other streets E Intersections Alley intersections and sudden changes in alignment shall be avoided, but where necessary, lot corners shall be cut off at least fifteen (15) feet on each tangent to permit safe vehicular movement F Fences Where driveways connect to alleys, fences shall only be constructed along the rear lot line and driveway in such a manner that the fence corner is angled, providing a cut off of at least five (5) feet from both the alley and driveway PAGE 52 G Dead-end Alleys Dead-end alleys shall be avoided if possible, but if unavoid- able, shall be provided with adequate outlet or turnaround, as determined by the Planning and Zoning Commission Article 4 07 Water Utilities Standards* A Basic Policy Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master Water Plan, the Compre- hensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of Denton B Basic Design Standards Water pipe shall be a minimum of six (6) inch nominal inter- nal diameter construction C Fire Hydrants Hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three hundred (300) feet apart in commercial/industrial areas D Location Location of water utilities shall generally be in city right- of-way, in unusual circumstances, location may be in a utility easement E Water Capacity Required The City reserves the right to prohibit any connection to the City water system when it is determined that adequate capacity does not exist to serve the proposed development Adequate minimum capacity shall be defined as follows High Intensity Commercial and Industrial areas 3,000 GPM Medium Intensity Commercial areas 1,500 GPM *All sewer and water utility standards are applicable in the city limits or the ETJ PAGE 53 Medium Intensity Residential areas 750 GPM Low Intensity Residential areas 500 GPM All flows to be calculated with 20 pound residual pressures Special and unique exceptions to the above standard may be made by the Planning and Zoning Commission after recommendation from the Public Utilities Board Article 4 08 Sewer Utility Standards* A Basic Policy Sanitary sewer facilities shall be provided to service the subdivision adequately and conform to the City of Denton Master Sewer Plan, Standard Specifications and the Comprehensive Utility Ordinance of the City of Denton B Basic Design Standards 1 All main lines shall be a minimum of eight (8) inches except under certain conditions such as short lines, steep grades etc , then a six (6) inch line can be approved by the Development Review Committee Right of appeal is to the Public Utilities Board, which shall make final determination 2 Minimum grades shall be maintained in laying sewer lines to provide a minimum velocity of two (2) feet per second, as per the following chart Size of Pipe 6" 8" 10" 12" 15" 18" 20" 24" 6" 811 10" 12" 15" 18" 20" 24" VITRIFIED TILE Fall in Foot Per 100 feet 0 60 0 40 0 30 0 22 0 16 0 12 0 10 0 08 Capacity Flowing Full - M G D P V C GRAVITY SEWER PIPE 0 27 0 46 0 72 1 00 1 06 2 30 2 80 4 00 0 60 0 27 0 30 0 46 0 24 0 72 0 20 1 00 0 12 1 60 0 10 2 30 0 08 2 80 0 06 4 00 *All sewer and water utility standards are applicable in the city limits or ETJ PAGE 54 3 Manhole spacing shall not generally exceed five hundred (500) feet C Location The location of all sewer mains shall be in city right-of- way unless special circumstances exist (such as topography) which can be approved by the Director of Utilities for location in appropriate easements D Sewer Capacity Required the City reserves the right to prohibit any connection to the City Sewer System when it is determined that a line or the system is overloaded overloaded shall be defined as System or Line -operating at capacity during peak hours, more than 20 percent of the time (2 out of 10 days, 4 8 hours out of 24 hours ) Special exemption to the above standard may be made by the Planning and Zoning Commission after recommendation by the Public Utilities Board (Also note policy in subsection 4 08 (1) ) Article 4 09 Extensions of Water and Sewer Mains A Extensions required to serve new subdivisions and other developments 1 Required Extensions All developments shall be required to extend across the full width of the development lot (defined by Plat or Lot of Record) in such an alignment that it can be extended to the next property in accordance with the Master Sewer and Water Plans for the City Properties already served by water and sewer shall not be required to install additional facilities unless a) The current lines are not of adequate capacity to serve the proposed development, in which case the developer will be required to install adequate facilities b) The current lines are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use since the time of the original utility installation 2 All extensions over six hundred (600) feet to new construction require prior approval by the Planning and Zoning Commission after recommen- dation y the Public Utilities Board PAGE 55 3 The Director of Utilities may approve an extension of water and sewer mains to an existing dwelling if the extension is less than six hundred (600) feet, provided funds are available and as allocated in the Capital Improvement Plan B Cost policies for extensions to new subdivisions and other new developments 1 Development Mains -Developers* shall pay the actual cost of water and sewer main extensions required to serve their development area Their develop- ment area includes current and future phases Required facilities will be according to the City's Master Utility Plan as determined by the Development Review Committee with right of appeal to the Planning and Zoning Commission after recommendation from the Public Utilities Board 2 Oversize Mains -The City may participate in any cost of oversize water and sewer mains, subject to funds availability and approval by the City Council Oversized mains are defined as water mains over eight (8) inches and sewer mains over ten (10) inches, which are required by the City for future system expansion and are not required by the proposed development 3 Pro-Rata Reimbursement Due Developer -Where the extensions to reach a development are laid in street rights -of -way or in dedicated areas directly accessible for future service lines, the developer shall be entitled to reimbursement in accordance with the provisions of section below, but such reimbursement shall not exceed the developer's total cost of the main 4 City Right To Approve Oversize Construction Contracts Where City Funds Are Involved -The City shall approve all oversize utility contracts for such construction of utilities prior to their execution by the developer In the event the City cannot justify the costs involved in any such contract where city funds or pro-rata repayment is involved the City shall have the option and right to submit the project for sealed bids, and the developer shall pay his proportion- ate share of the acceptable low bid 5 Pro-Rata Cost Charges For Tapping Mains Extended by City -The City of Denton may elect to extend a main where conditions exist which cause a hardship due to lack of water or sanitary sewer service In such cases the main shall come under the same pro-rata provisions, and any taps of these lines shall be paid for the same as if such main were extended by a developer, except the taps made by the "special extensions to individual single family residence" as described below There *(Includes individuals, subdividers, and owners of multi -family dwellings) PAGE 56 shall be no time limitation for reimbursement to City for lines extended under the provisions of this section and the mentioned special extension section described below C Extension to Existing Subdivisions Where extensions are made to a subdivision lot, the lot owner shall pay a proportionate share to extend the main across the front of his property or on whichever side the City of Denton Utilities Department deems to be most appropriate The proportionate share for the owner and the City shall be as stated below D Reimbursement Policies For Extension Costs 1 Any developer who bears the cost of off -site water or sanitary sewer main extensions to a development as provided above, shall be entitled to reimbursement of the pro-rata cost paid to the City as provided below, for each user who extends a service line from the main within twenty (20) years from the date the main is finally inspected and accepted by the City 2 The provisions of this section shall not apply to service lines or main extensions constructed at the expense of the City of Denton under the terms of this section 3 Reimbursement payments shall be made by the City to the person who paid the cost of the main, or his assignee, and no other person shall be entitled to payment under the terms of this section 4 The reimbursement shall be payable within thirty (30) days of its receipt by the City 5 The developer shall enter into an agreement with the City before any reimbursement may be made, which agreement shall be made prior to acceptance of the main by the City Such agreement shall state the cost of the main, terms of payment, and the maximum amount of reimbursement (Ord No 71-170 Pt I, 6-8-71) E Pro-rata Cost Charges For Tapping Mains Extended By Developer or City 1 Every person or developer applying for a tap of any water or sanitary sewer main which has been constructed under the terms of the above deve- loper extension section or the city extension section shall pay for the requested taps at the following rates a) Where a water or sewer main is located on a City street or County road and abuts and is accessible to separate platted tracts, the PAGE 57 pro-rata charge shall be 60 percent of the average current per foot cost of such main b) Where a water or sewer main is located on a State or Federal highway and abuts and is accessible to separate platted tracts, the pro-rata charge shall be 100 percent of the average current per foot cost of such main c) Where a water or sewer main is located in a proper easement across an owner's property and where such easement does not abut a street or is not in any other way directly accessible to any separately owned tract, the pro-rata charge shall be 100 percent of the average current per foot cost of such main Pro-rata charge shall be based on the average current cost of similar projects with pipe of the same size up to eight (8) inches inside diameter water pipe and ten (10) inches diameter sewer pipe All pro-rata charges shall be charged on a per front foot basis 2 The pro-rata charges provided by this section shall be in addition to the usual tapping fee and to any other charges required by the City 3 The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property within the jurisdiction of the City In cases where a property or a tract of land is so situated or shaped that the above front foot charge creates an inequitable basis compared to other tracts of land of similar overall size, the Public Utilities Board shall determine the proper charge in accord with the intent and purpose of this section, and such determined charge may be lesser or greater than that by the front foot basis If more lots are to be served by the main than abut or contain it, then the charge shall be greater, as determined by the Public Utilities Board No person shall acquire any vested right under the terms and provisions of this section, nor shall the City of Denton incur or assume any liability or obligation to expend or encumber tax or utility funds No utility funds shall be spent or encumbered unless funds are available for such purpose, as determined by the Public Utilities Board 4 The pro-rata charges shall be determined and established at least annually by the Public Utilities Board based upon the average cost of recent similar water and sewer line installations F Special Extensions to Individual Single Namily Residences 1 Where an extension of water or sanitary sewer main is made by the City in order to serve a single-family residence, the owner may contract with the City to pay a proportionate share of such a main as follows PAGE 58 a) Extension to lots with less than one hundred (100) feet fronting or abutting the main (1) Main in city street or easement (side or front of lot) shall pay 60 percent of the average current cost per foot, or (2) Main extended through adjoining lot shall pay 100 percent of the average current cost per foot b) Extension to lots with more than one hundred (100) feet fronting or abutting the main (1) Main in city street, easement or county road shall pay average current cost per foot as follows 60 percent of the first 100 feet, 10 percent of the next 200 feet, 0 percent over 300 feet (2) Main extended through adjoining lot shall pay average current cost per foot as follows 100 percent of the first 100 feet, 10 percent of the next 200 feet, 0 percent over 300 feet c) No owner for which a connection is made pursuant to this section shall be entitled to reimbursement for any future connections, and all future taps and connections made by the owner shall be paid for as provided in the previous section unless the extension agreement shall state otherwise d) Owners of tracts with over one hundred (100) feet of frontage, as described in subsection b) preceding, who may at a later date subdivide their tract shall be required to pay for pro-rata for the subdivided frontage equal to 60 percent of the average current cost per foot, cost to be determined as of the date of the tap request Article 4 10 Alternative Water and Sewer Facilities All developments within the jurisdiction of the City of Denton shall be required to have approved water supply and sanitary sewerage facilities and shall be required to connect to the City of Denton's facilities unless alternative arrangements have been approved by the City according to the following standards and procedures A Water Wells (Individual) Developments may be approved with alternative water facilities according to the following criteria PAGE 59 I Water well operation and quality meet the minimum requirements of the Texas State Department of Health and City of Denton Health Ordinances 2 Water wells are not utilized in any commercial sale of the water 3 Cost to tie onto the City of Denton Water System exceeds the certified initial capital cost of a well 4 An applicant for approval of an individual water well shall submit the following evidence to the Director of Utilities a) Water quality tests, b) Affidavits stating that no more than three (3) families will use the well and/or the well water will not be used in any commercial sales, and, c) Certified cost estimate of well installation Upon review of this evidence, the Director of Utilities may issue a water well permit B Septic Tanks Developments may be approved with alternative sewer facilities according to the following criteria 1 A septic tank may be installed to serve an individual residence, commercial or industrial facility if a) The premise upon which such structure is located is more than two hundred (200) feet from any city sanitary main, or, b) The Director of Utilities or his authorized representative certified in writing that the topography of such premises makes normal connection with such existing sanitary main impractical or impossible, and c) the operation of a septic tank is feasible on the premise and will meet the standards and requirements of this ordinance All other installations of septic tanks shall be unlawful within Denton or Denton's extra -territorial jurisdiction 2 Septic tanks shall be installed in accordance with the standards established by the Texas State Department of Health, 1959 Code, Article 9 04 3 An applicant for approval of an individual septic tank shall submit the following evidence to the Director of Utilities a) Map and statement of justification, PAGE 60 b) Affidavits that no more than one residence, commercial or industrial facility shall be utilizing such septic tank, c) A plan of the septic tank system prepared by a registered professional engineer or registered professional sanitarian, and d) Affidavit of the results of the percolation tests Upon review of this evidence, the Director of Utilities or his authorized representative may issue a septic tank permit C Other Individual Systems Other individual septic systems can be considered if satis- factory evidence is submitted certifying that the system meets all requirements and standards of the Texas State Department of Health D Private Water and/or Sewer Co-op Systems In areas where development requires water and/or sewer ser- vices for more than a single facility, and the cost of extending and tying on to the City system is prohibitive, privately owned water and/or sewer facilities may be considered and approved by the City according to the following general criteria 1 The cost to tie on to the City system would be significantly greater than the proposed alternative 2 The applicant of the proposed alternative system provides certified evidence from a registered professional engineer that the system will meet all City, State and Federal health and water quality standards 3 The sizing and material quality of all facilities will meet the City of Denton standards 4 Perpetual private maintenance is guaranteed by such means as Homeowner's Association, bonds, or other means approved by the City Attorney 5 Operators of the system(s) will be certified by the State Department of Health 6 The City shall have the right to inspect the system periodically to determine if such system is being operated and maintained according to industry standards 7 The review and approval procedures for such private water and/or sewer system shall proceed concurrently with the normal platting and engineering plan approval process as outlined in PAGE 61 Article III, except for applications unoer these alternative water and sewer facilities proposals, which shall first require review and recommenda- tion from the Public Utilities Board and final concurrence from the City Council 8 The City of Denton may accept existing or annexed private water or sewer systems for operation and maintenance when the City's water and sewer lines are connected to such system, provided the system has been designed, constructed, and operated in accordance with accepted industry and City stan- dards Such private system shall be dedicated to the City at no cost 9 Prior to such acceptance by the City, such water and sewer lines and facilities shall be inspected and evaluated as to standards, adequacy, condition, etc If water and sewer lines and facilities are not according to city standards, a per lineal foot pro-rata charge shall be assessed to the users of such system(s) for installation of these new facilities will be on a per lineal foot actual cost basis for upgrading or repairing the existing facilities to meet city standards E Connections to Sanitary Sewer Extensions Required upon Notice Whenever the City sanitary sewer system is extended to within two hundred (200) feet of any lot or parcel of land within the corporate limits of the City where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall abate such septic tank, dry closet or privy and shall construct a suitable water closet upon such premises and connect the same with the City sanitary sewer main within thirty (30) days after written notice to do so from the City health officer unless he can show by County Health certificate that his current system is functioning in a sound and safe manner He shall further be required to have these facilities re -certified every two (2) years Article 4 11 Utilities Easement Requirements All utilities shall be provided in street right-of-way except for special circumstances approved by the Development Review Committee In such cases, the following standards shall prevail PAGE 62 A All utility easements shall be sixteen (16) feet unless special circumstances warrent additional or reduced easements which can be approved by the Development Review Committee B Lot lines will not split easements C Dead end easements are not acceptable unless approved for special circumstances by the Development Review Committee D Employees of the Utilities Department shall have the authority to enter premises at any time in the regular line of duty for the purpose of inspecting, repairing or constructing any water, electric or sewer line, or any water or electric meter, etc This authority applies whether or not the City chooses to require a dedicated easement The land developer and occupant are responsible for any construction occurring over or within eight (8) feet either side of any on site utility In the event utility inspection or repair or reconstruction is necessary, any structure or improvement damaged within eight (8) feet either side of a non -dedicated utility whether in a dedicated easement or not shall not be the responsibility of the City for any repairs but shall be the sole responsibility of the owner Article 4 12 Electric, Gas, Cable Television, and Telephone Utility Standards All installation shall be according to the Comprehensive Utility Code (Sec 25) of the City of Denton and engineering standard utility installation procedures Article 4 13 Underground Electrical Utility Policy A It is the basic policy of the City of Denton to encourage installation of underground electric utilities in all new subdivisions and commercial development B Where underground electric utilities are installed at the request of the developer, the developers shall pay the differential costs between underground electric utility service and overhead electric utility service, as calculated by the Utility Department PAGE 63 C In residential areas, underground electric utility facil- ities shall be installed on public right-of-way except where the utility elects to install facilities adjacent to the building setback line for aesthetic purposes All underground electric utility cable of either primary voltage or secondary voltage shall be installed in conduit D For commercial development, the developer shall install and maintain the conduit system from the transformer or secondary cable terminal point to the utility designated service point at the boundary of the property The utility shall install and maintain the primary circuit and the developer shall be responsible for furnishing, installing, and maintaining the secondary cable E Underground electric utility service will not be installed on the perimeter of a subdivision or planned develop- ment unless the adjacent area already has underground electric utility service Article 4 14 Street Lights A Basic Policy It is the policy of the City of Denton that adequate street lights be installed in all new developments Detailed procedures and standards shall be governed by the comprehensive utility standards on file in the Utilities Department B General Standards 1 Developers shall furnish satisfactory easements for installation of services to street lights, normally five (5) feet in width 2 Street light number, type, and size shall be determined by the Utilities Department 3 Developers will pay pro rata cost of street light installations 4 Street lights are normally required at all intersections, in cul-de-sacs, and at approxi- mately three hundred (300) foot intervals on tangent streets PAGE 64 Article 4 15 Drainage Requirements A General Policy The Planning and Zoning Commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or flood water runoff channels or basins Drainage provision shall ensure the health and safety of the public and property in times of flood and such facilities shall not cause excessive increases in flood heights or velocities, particularly to adjacent and downstream properties When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point The applicant may be required by the Planning and Zoning Commission to carry away by pipe or open ditch any spring or surface water that exists either previous to, or as a result of, the subdivision Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications of the City of Denton B General Design Standards The following are general policies of the City of Denton drainage design standards and 1 Coordination with the Comprehensive Master Drainage Plan is required 2 Design Storm Frequencies Area or Facility Frequency Residential Street Capacity 10 years Other Street capacity $ Enclosed pipe system (if needed) 10 years Channels and creeks* 25 years Culverts and small bridges 25 years Large bridges** 50 years Floodways between building lines 100 years *Channels and creeks shall have one (1) foot of freeboard **Large bridges are those with a total span greater than 50 feet PAGE 65 3 Water Spread Limit Street Classification Expressway Permissible Water Spread 10-year storm --1 traffic lane may be closed Major Thoroughfare 10-year storm (Divided) --1 traffic lane must remain open each direction Major Thoroughfare 10-year storm (Undivided) --2 traffic lanes must remain open Collector Street Residential Street Pipe Systems $ Inlets 10-year storm --1 traffic lane must remain open 10-year storm --water flow must above curb 10-year storm --hydraulic grade top of curb below not exceed 4" shall be 2' The permissible water spreads are based upon the initial storm frequency (10-year), but consideration must be given to street conveyance of the major storm (100-year) and possible flooding All streets shall be capable of conveying a major storm without water encroaching into adjacent buildings Therefore, the maximum spread limit in streets for a major storm shall be the building lines This requirement of utilizing the streets to convey the major storm runoff may require increasing the capacity of the enclosed drainage system 4 Street Cross Flow Allowable depths of flow across street intersections for initial frequency storms (10-year) are established as follows Street Intersection Expressway Cross Flow Depth None Major Thoroughfare (Divided & Undivided) None Collector Street 6 inches of depth or maximum (One Valley Crossing) spread at valley sections Residential Street 6 inches at valley sections (One Valley Crossing) 5 Drainage System Requirements The complete drainage system is composed of (a) the initial system, consisting of inlets, storm drains, and the associated appurtenances to convey the initial storm runoff (10 year), and (b) the major system or the major runoff (100 year), which consists of swales, creeks, channels, floodways and emergency overflows to prevent water encroachment into residen- tial and commercial facilities PAGE 66 0 a) Initial storm systems are required when water spread and street cross flow limits are exceeded (closed pipe generally up to 48" capacity) b) Channels (1) Channels are to be concrete -lined at least to the 10-year frequency channel flow level with additional height to carry the 25-year flow (2) 100-year flow is to be contained within the building lines (3) Unlined channels will be considered for quan- tities of floodwater larger than the equiva- lent flow of a seventy-two (72) inch pipe Additional Storm Drain criteria are a) Utilization of retention ponds and dispersion areas and preservation of major flood plains, etc , shall be strongly encouraged and may be required if a proposed drainage improvement is found to create actual or potential upstream, adjacent or downstream property damage due to the creation of excessive flood velocities or heights b) The City's major drainage floodplains that are still functioning in a natural or semi -natural state will require special drainage and other preservation considerations To implement this policy of the natural 100-year flood plain for flooding areas draining one square mile or more, it may be recommended that these areas be zoned for planned development when zoning requests are made so that channel improvements and preservation efforts will be coordinated and defined on the site plan before detailed plans are submitted c) Minimum velocity with the pipe flowing full shall be three (3) feet per second d) The minimum storm drain pipe diameter shall be fifteen (15) inches e) Pipe diameters shall not normally decrease downstream f) Pipe crowns at change in sizes should be set at the same elevation g) Vertical curves in the conduit will not be permitted, and horizontal curves will be permitted only with the approval of the Lity Engineer 11) Maximum manhole spacing is shown below Pipe Size Maximum Spacing 15" 400' 18-36" 60 42-60" 1,000' Larger than 60" No limit PAGE 67 Manholes shall also be placed at pickup points having two (2) or more laterals, at pipe junctions having pipe sizes twenty-four (24) inches or greater, at alignment changes, and at the beginning of the storm drain system 1) Inverted crown sections will be permitted only in alleys �) Street crowns shall be reduced for approximately one hundred (100) feet on each side of valleys, and only one valley crossing for each street shall be used at an intersection k) At streets with culverts or bridges, an emergency overflow shall be provided to contain the 100-year channel flow within the building lines 7 Runoff Coefficients Storm drainage shall be designed for ultimate deve- lopment of the watershed and, therefore, runoff coefficients used shall consider these fully developed conditions Master plans, zoning maps and land use plans shall be used to determine the ultimate development Table II gives general guidelines of values for runoff coefficients which may be used in the determination of storm water runoff TABLE II RUNOFF COEFFICIENT "C" FOR ALL STORM CALCULATIONS Runoff Type Area or Land Use Coefficient "C" Parks & Permanent Open Space 0 20 Single Family Residential 0 50 Multi -Family 0 65 Industrial & Manufacturing 0 70 Business 0 80 Central Business District 0 90 When the Director of Planning and Community Deve- lopment cannot verify ultimate development, a standard runoff coefficient of 6 can be used 8 Time of Concentration MINIMUM INLET TIME OF CONCENTRATION Type Area Parks & Permanent Open Areas Residential (less than 5 un/ac density) All Other Residential Industrial & Business Roof and Paved Areas, Streets Minimum Inlet Time 20 minutes 15 minutes 10 minutes 10 minutes 10 minutes PAGE 68 C When inlet times of concentration which are in excess of these minimums are used, the techniques and assumptions used in computing these times must be submitted with the plans and approved by the City Engineer In cases where it is evident that the actual time of concentration is less than that indicated above, a shorter time of concentration should be used Offsite Drainage 1 The owner or developer of property to be developed shall be responsible for all storm drainage flowing on his property This responsibility includes the drainage directed to that property by ultimate development as well as drainage naturally flowing through the property by reason of topography 2 Adequate consideration shall be given by the owner in the development of property to determine how the discharge leaving the proposed development will affect adjacent property 3 On lots or tracts of three (3) acres or more where storm water runoff has been collected or concentrated, it shall not be permitted to drain onto adjacent property except in existing creeks, channels or storm sewers unless proper drainage easements or notarized letters of permission from the affected property owners are provided 4 The subdivider shall pay for the cost of all drainage improvements required for the development of the subdivision, including any necessary offsite channels or storm sewers and acquisition of the required easements 5 Where it is anticipated that additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or manmade, the Planning and Zoning Commission may withhold approval of the subdivision until appropriate provision has been made to accommodate the problem, and plans shall be provided which include all necessary offsite improvements including storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc In areas where downstream pipes or channels are inadequate to handle proposed increased flows, the City as one alternative may consider accepting cash payment in lieu of actual drainage improvements The developer must show that the proposed pipe system to handle the flow from his development would not function properly without substantial downstream improvements Prior to permitting any development that will significantly increase flood heights downstream or upstream, a hearing before the Planning and Zoning Commission is required with special notice to the adjacent property owners PAGE 69 D Drainage Easements Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights -of -way, perpetual unobstructed easements for such drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road Easements shall be indicated on the plat Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat or other instrument as approved by the City Attorney In the case of clear public interest, the City may participate in easement acquisition by power of condemnation The applicant shall dedicate an appropriate drainage easement either in fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a distance to be determined by the Planning and Zoning Commission E Drainage Modification Permit No land shall be modified in any 100-year flood drainageway until a Drainage Modification Permit is issued from the City Engineer's Office The City Engineer, as a condition of the permit, shall certify that such modification will, as a minimum, fulfill the requirements of this ordinance with special attention that peak flow heights or velocities will not be increased on adjacent properties Drainage modification permits for drainageways whose basin exceed one square mile may be approved by the Planning and Zoning Commission after notification of adjacent property owners Drainage modification permits for drainageways less than one square mile may be approved by the City Engineer Smaller drainageways which do not carry runoff from upstream PAGE 70 properties and do not change the downstream concentration point will not require permits Any decision by the City Engineer can be referred to the Planning and Zoning Commission by either the City Engineer or the applicant for final determination Upon such referral all adjacent property owners will be notified of the hearing at least ten (10) days prior to the scheduled Planning and Zoning Commission meeting F Flood Prevention Ordinance The Flood Prevention Ordinance of the City of Denton (Chapter 10 1/2) impacts land development in only two ways It 1 Outlines requirements for amending the Federal Flood Insurance Map, and 2 Outlines the minimum requirement for finished floor elevations The ordinance, therefore, except in the above two cases, is not applicable to development standards, as the purpose of the ordinance is basically to ensure that no new structures are flooded Article 4 16 Lots, Common Areas and Facilities A Lot Size The size, width and depth of lots shall conform to the zoning requirements for the area B Access to Street Each lot shall be provided with adequate access to an existing or proposed public street (County or City) by frontage on such street except frontage on a private street may be permitted in a Planned Development Zoning District Such public street shall be connected to and considered part of the general network of public streets in the area Development adjacent to existing public streets shall include the required improvements in accordance with the City's perimeter street policy C Facing Wherever feasible, each lot should face the front of a similar lot across the street In general, an arrangement placing facing lots at right angles to each other should be avoided PAGE 71 D Common Areas and Facilities Such areas shall be noted on the plat, and also have filed with the County Homeowner's Association covenants approved by the City Attorney, or other arrangements for permanent mainte- nance of these areas and facilities as may be approved by the Planning and Zoning Commission E Building Across Lot Lines No building, except buildings designed and constructed as two-family dwellings or one -family attached dwellings, shall be constructed on or across existing lot lines Where buildings designed and constructed as two-family dwellings or one -family attached dwellings are constructed on or across lot lines, the buildings shall be so located so that the common walls separating the individual living units are located on and along the common lot lines of the adjoining lots on which the buildings are located Article 4 17 Blocks Block length for residential use should generally not exceed twelve hundred (1,200) feet, measured along the center of the block Six hundred (600) feet is a desirable minimum Maximum block length along a Thoroughfare shall be sixteen hundred (1,600) feet, except under special conditions approved by the Planning and Zoning Commission The Commission may require a pedestrian easement or wall near the center of blocks over one thousand (1,000) feet Article 4 18 Building Lines The building line is a line beyond which buildings must be set back from a street right-of-way line or property line It should conform to the zoning requirements for that district Article 4 19 Fire Lanes Where adequate access for fire -fighting purposes may not otherwise be provided, easements for fire lanes may be required Fire lane easements shall be paved, with either asphalt or concrete material of such strength to support fire vehicles, PAGE 72 shall be a minimum of sixteen (16) feet in width, shall generally be within fifty (50) feet of all exposed building walls, shall be maintained by the property owner, shall be marked as such on the ground, and shall be kept free and clear at all times, or have such obstacles that can easily be traversed by a fire truck, (i a breakable chains, low-level plant material), unless otherwise approved by the Planning and Zoning Commission Article 4 20 Monuments and Markers A Monuments Concrete monuments, six (6) inches in diameter and twenty-four (24) inches long, shall be placed on all boundary corners, block corners, curve points, and angle points, a copper pin one -quarter (1/4) inch in diameter embedded three (3) inches in the monument shall be placed at the exact intersection point on the monument The monuments shall be set at such an elevation that they will not be disturbed during construction, and the top of the monument shall not be less than twelve (12) inches below the finished ground level B Markers Lot markers shall be a five -eighths (5/8) inch reinforcing bar, eighteen (18) inches long, or approved equal, and shall be placed at all lot corners flush with the ground, or below ground if necessary in order to avoid being disturbed C Bench Marks Where no bench mark is established or can be found within three hundred (300) feet of the boundary of the subdivision, such bench marker shall be established to a sea level datum The bench mark shall be established upon a permanent structure, or may be set as a monument, and shall be readily accessible and identifiable on the ground Article 4 21 Development On Existing Lots That Were Previously Approved by the City It is the policy of the City of Denton that redevelopment on existing lots within the City shall be encouraged This policy PAGE 73 shall apply to lots that have previously been platted and/or developed and are now currently being redeveloped For such area the existing community facilities of streets, water and sewer shall be considered the responsibility of the City and shall be upgraded as funds are available and/or during the regular assess- ment program For areas where zoning has been changed significantly from the time of original platting or development, the full require- ments of this subdivision/development ordinance shall be applied, including all required improvements and facilities A zoning change from single family to multi -family, commercial or industrial is deemed a significant change for the purpose of this Article Article 4 22 Filing Fees No preliminary or final plat, replat, or general development plan shall be accepted for filing for review by the Planning and Zoning Commission unless the person wishing to file such plat, replat, or plan first pays to the Director of Planning and Com- munity Development a filing fee of fifty-five dollars ($55 00), provided, however, that in cases where a replat is to be filed and state law requires notification of lot owners because of such proposed replat the filing fee shall be one hundred ten dollars ($110 00), in addition to a fee of two dollars ($2 00) per lot owner required to be notified SECTION II That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200 00), and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense This penalty is in addition to and cumulative of, any other remedies as may be available at law and equity SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof PAGE 74 to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity SECTION IV That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the � day of , 1983 CITY OF D NTON,,TEXAS ATT V LL^�LVLLL ­) CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY 444 — PAGE 75 I� THE MATTER OF CITE` OF DENTON CHARLOTTE ALLEN THE STATE OF TEXAS Roy Appleton, Jr County of Denton being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly g the shed date for a period of not less than one year in the County of Denton, Texas, p recediof the attached notice, and that the said notice was published in said paper on the follow- ing dates ORDINANCE NO. 83-70 subdivision & land development regulations Subscribed and sworn to before me AN.a Witness my hand and official seal 15 day of _ J U LY ,19 83 Iq i S At Oil a� o� zp a Oro �r � � i i > i 1 i i� i i I� i �i �, '� i I f I f S 1 1 t I I 1 1 1 ' I f _ � 1 � _..._ ...�T � .-