The URL can be used to link to this page

1983-070 AN ORDINANCE REPEALING AND REENACTING APPENDIX A TO THE CODE OF ORDINANCES OF THE CITY OF DhNTON, TEXAS RELATING TO SUBDIVISION AND LAND DEVELOPMENT REGOLATIONS, 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OF DENTON HEREBY ORDAINS SECTION I That Appendix A to the Code of Ordinances of the City of Denton, Texas, is hereby repealed and reenacted in Its entirety to read as follows TABLE OF CONTENTS ARTICLE 1 IN GENERAL CHAPTER I PURPOSE ~ INTENT 2 Article 1 01 Policy 2 Article 1 02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 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 Jurlsdlctlon 11 Article 1 02 Scope of Regulations 12 Article 1 05 Development Standards ~ Requirements in the Extraterritorial Jurisdiction 12 Article 1 04 Approval Required 12 CHAPTER II PROCEDURES FOR SUBMISSION ~ APPROVAL 13 Article 2 O1 Prelxmznary Plat 6 Plans Article 2 02 Final Plat ~ 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 6 SCOPE 15 CHAPTER II WITHHOLDING IMPROVEMENTS 16 CHAPTER III PROCEDURES ~ APPROVAL PROCESS POLICIES 16 PAGE 1 Article 3 01 General Overview of Revxew Process 16 Article $ 02 Pre-Design Conference Recommended 17 Article $ 03 Annexation Policy 17 Article 5 04 Zoning 19 Article 3 05 Preliminary Planning/Plats 19 Article 3 06 F~nal Development Rewew ~ Permt Procedures 24 Article 3 07 Construction Phase Procedural Requirements ~ Policies 30 Article 3 08 Combined Approval of Preliminary Plat ~ Lot of Record--Optional Procedure 55 Article 3 09 Special Planned Development Zoning D~str~cts 35 CHAPTER IV GENERAL DESIGN STANDARDS ~ IMPROVEMENTS REQUIRED 37 Article 4 01 Purpose 37 Artxcle 4 02 Authority of the Development Rewew Committee to Recommend Standards ~ Spec~fxcat~ons 37 Artzclo 4 03 Streets Standards ~ Policy 38 fable I-Czty of Denton, texas Summary of Recommended Thoroughfare Design Standards 42 Artxcle 4 04 Sxdewalk 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 Telews~on, [ Telephone Utility Standards 63 Article 4 13 Underground Electrical Utility Policy 63 Artzcle 4 14 Street Lzghts 64 Artxcle 4 15 Draxnage Requirements 65 Table II-Runoff Coefficient "C" 68 Artzcle 4 16 Lots, Common Areas [ Facilities 71 Article 4 17 Blocks 72 Article 4 18 Building Lxnes 72 Article 4 19 Fxre Lanes 72 Article 4 20 Monuments ~ Markers 73 Article 4 21 Development on Ex~st~ng Lots That Were Prevxously Approved by the Cxty 73 Article 4 22 Fzl~ng Fees 74 ARTICLE I IN GENERAL CHAPTER I PURPOSE AND INTENT Artzcle 1 01 Policy A Land to be subd~vzded shall be of such character that ~t can be used safely for building purposes w~thout danger to health or peril from fire, flood, or other menace Land shall not be subd~vzded and/or developed until adequate fac~l,t~es and xmprovements are prowded PAGE 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 0Z 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 subdlvxsons and resubdlvlslons, to further the orderly layout and use of land, and to ensure proper legal descriptions and monumentxng 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 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 w~thln 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 {?) 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 prowde centralized staff interpretations and recommendations to the Public Utilities Board, Planning and Zoning Commission, City Council and any other czty board charged with authority for review and approval of development matters of the C~ty CHAPTER II SHORT TITLE Th~s 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 ~udge 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 ~t finds that all of the following conditions are satisfied 1 That the modified proposal would conform to the City Master Plans That literal enforcement of a provision would result in an extreme hardship for the development of the subdivision That grantln~ of a modification will not have the effect o~ 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 pro~ect design For example the requirement for drainage piping in residential streets might be waived if the design maintains all building lines out of the lO0-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 C~ty, 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 PA~E S 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 f~nal unless appealed to the City Council for final decision D~scret~on of the Planning and Zoning Comm~sslon 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 constructlng~ interpreting, or otherwise defining the terms and prowslons 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 ~nclude the singular B The word "shall" ~s mandatory and the word "may" ~s permissive C The phrase "used for" shall include the phrases, "arranged £or,' "designed £or,' "intended for," and "occupied £or,' 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 prowded Words and terms used, but not defined, ~n this ordinance shall have the meanings ascribed thereto ~n the Comprehensive Zoning Ordinance of the City Alley A public way less in s~ze than a street, designed for the special accommodation of the property xt reaches, and not ~ntended for general travel or primary access Acreage, Gross The acreage ~ncluded 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 (5) 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 sub3ect 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 k~nd Building Line A line established beyond which no part of a PAG~ 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 ob3ect, 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 offslte 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, pedestrlanway, 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 Resubdlvlslon 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-Wax A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oll or gas pipeline, water ma~n, sanitary or storm sewer main, or for another special use The usage of the term "right-of-way" for landplattlng 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 ~nterest ~n land, causes it, directly or indirectly, to be divided Into a subdivision or who {2) directly or ~ndlrectly, 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 ~nterest, 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 ~mproved, which ~s 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 ordlnanace when specific enforcement would result in unnecessary hardship A variance, therefore, permrts construction or development ~n 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 PAGR 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 ~n the Extra-Territorial Jurisdiction Ail major development areas in the ETJ w~ll 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 xn 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 xn the manner and by the authorttles provided for in this ordinance it shall be unlawful within the area covered by said plan, plat or replat for any c~ty 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 gas, etc, which may be owned, controlled or contributed by the City No improvements shall be lnltlated~ 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 Artxcle 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 cop~es 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 Z 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 replattlng 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 I 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 (1S) 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 {S00) feet of the property to be replatted if the preceding plat contains more than one hundred {100) lots 4 Ail 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 Ail replats shall be first presented to the Planning and Zoning Lommlsslon 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 Commxttee (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 C*ty Engineer (pre-construction meeting will be required ) K Completion of construction and acceptance of all improvements by the C~ty Engineer L F~le final Lot of Record ~f contract option not taken (See step G ) Artxcle $ 02 Pre-Desxgn Conference Prxor to the f~llng of any plans, plats or proposed developments, an applicant shall consult wxth the Development Review Committee, unless specxf~cally waived by the Development Rewew Committee Chairman Article 5 05 Annexation Policy It xs the general policy of the C~ty of Denton to assess on a case-by-case bas~s the annexation of areas in the extra- territorial 3urxsdlctxon (ETJ) when sxgn~flcant developments are proposed, occurring, or l~kely to occur xn the near future The followxng are guxdelxnes for determxnxng when annexation study should be considered 1 Guidelines for Inxtxat~ng Study A S~ngle family developments over fxve lots, or B Multx-famtly, ,ndustr~al or commercial developments over one acre, or C Any area where the density exceeds 500 un~ts per square mile, or D Any development or area that might have a sxgnxf~cant impact upon the Cxty, ~ncludlng but not l~mxted to service costs, increased traffic, utility needs or utilization, safety or health hazards When any or all of the above condxtxons ex~st, appropriate c~ty staff shall review the proposed development for the purpose of considering annexation The revxew shall also xnclude PAGE 17 consideration of the annexation of logical planning areas around the area of initial concern Z 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, Infrastructure of roads, utilities and other community facilities, Safety or health, S Building/development quality, Aesthetic quality, and 7 Community character E Conformance with or need to ensure conformance with the offlczally adopted Master Plans of the C~ty If, after preliminary study, the above criteria indicate a need to consider annexation in order to promote or protect the public ~nterest, then the City w~ll ~nltlate 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 sazd 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 Anne×atlon 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 w~ll then consider all recommendations and public comment during the prescribed public hearings phase, and make determination whether or not to ~nltlate formal annexation proceedings ~ Pormal annexation proceedings accomplished {if applicable) F City Council make final determination Article 3 04 Zoning If the property ~s not zoned as required for the proposed subdivision, permanent zoning shall be requested Application for zoning ~ncludes 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 $ 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 I_~_n PAG~ 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 Commlsslon~ 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 rewew proposed ma3or thoroughfare and collector street patterns, land use, and the relationship to ad3olnlng 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 When offslte 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 offslte 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 1 The study shall show the names of adjacent subdivi- sions or the names of owners of record of adjoining parcels of unsubdlvlded land 2 The study shall contain the existing zoning on adjoining land, the location, width, and names of all 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 polit~cal subdivision or corporate limits and school district boundaries The study shall show the layout and width of proposed thoroughfares and collector streets The study shall show the proposed land uses by area and with a tabulation summary of acres, density and populations $ The study shall provide a location map showing location of tract by reference to ex~stlng streets or highways B Preliminary Plans {or Plats) A Preliminary Plan is required for all proposed subdlwslons, 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, ~t 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 ~s to be prowded unless specifically waived by the Development Review Committee 1 Scale The Preliminary Plat shall be drawn to a scale of 1" ~ 100' or 1" = $0' 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 c) Location of development by C~ty, County and State d) Key map showing location of tract by reference to existing streets or hCghways e) Date of preparation, scale of plat and north arrow f) Development boundary lines, ~nd~cated by heavy lines, and the computed acreage of the development g) Name of the owners of contiguous parcels of unsubdlvlded land, the names of contiguous subdivisions, and the lot patterns of these subdivisions shown by dotted or dashed lines h) Location of c~ty limit lines and/or the outer border of the C~ty's extra-territorial jurisdiction as provided by the C~ty if they traverse the subd~ws~on or form part of the boundary of the subdivision or are contiguous to such boundary 3 Existing Conditions a) The location, d~mens~ons, name, and description of all existing or recorded public and private right-of-way, including easements, within the subdivision as well as those ~ntersect~ng or contiguous w~th its boundaries or forming such boundaries b) The location, d~menslons, ~dent~flcatlon or name of all ex,sting or recorded residential lots, parks, and public areas w~th~n the subdivisions c) Permanent structures and uses within the subdlv~~ sion including location of houses, barns, walls, wells, tanks and other s~gnlf~cant features that will remain d) The location, dimensions, description, and flow line of ex,sting drainage structures and the location flow l~ne and flood plain as defined by the appropriate study of ex,sting water courses w~th~n the subdivision e) Utilities on the tract, specifying s~ze of lines and those which are transmission l~nes f) Topography shown by contour l~nes on a bas~s of a two-foot vertical ~nterval If such an ~nterval is not available, a f~ve-foot ~nterval is acceptable g) If there is no adjacent subdivision, a map on a small scale shall be ~ncluded with the Prehm~nary Plan, and oriented the same way, to show the nearest subdivision in each direction, ~t shall show how the streets or highways in the subdivision plan submitted may connect with those in the nearest subdlws~on if such connections affect the subdivision design PAGE 22 4 Proposed Layout a) Any ma~or proposed changes ~n topography shown by contour l~nes on a bas~s of a two-feet vertical ~nterval, unless otherwise spec~fxed by the C~ty Engineer b) The location, d~mens~ons, 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 s~tes w~th~n the subd~ws~on that s~gn~f~cantly affect the overall subdivision design c) A number or letter to ~dent~fy each lot or s~te and each block d) Data specifying the gross area of the subd~ws~on, the proposed number of residential lots, the area ~n residential use, the approx~]nate area ~n parks, and the area ~n other non-residential uses e) Identification all ex~st~ng zoning d~str~cts f) Show the location and s~ze of water and sanitary sewer mains which w~ll be required to ensure adequate service and f~re protection to the lots specified ~n such proposed development or subdlws~on, unless waived by the Development Review Lomm~ttee g) A ,,preliminary drainage study" ~s to be submitted concurrent w~th the submittal of any Preliminary Plan to the C~ty, unless expressly waived by the Development Review Committee The study shall ~nclude a drainage area map designating drainage areas and summary of calcu- lation of sufficient detaxl to assess preliminary s~z~ng of major drainage facilities Also all areas outside of drainage easements or street r~ght-of-way that w~ll be ~nundated by the 100 year flood shall be shown C Procedure for Preliminary Plan and General Plan Processing 1 Pre-design Conference A pre-design conference w~th the Development Rewew Committee ~s required unless expressly waived by the Committee's Chairperson 2 Submittal Application and f~fteen (15) cop~es of necessary plans and supporting documents shall be submitted to the Planning and Community Deve- lopment Department at least ten (10) working days ~r~or to the regularly scheduled Planning and on~ng Commission meeting A copy of the pro- cess~ng and meeting schedule shall be approved by the Planning and Zoning Commission and f~led ~n the Planning and Community Development Department and w~th the C~ty Secretary Total rewew and processing t~me by the Planning and Zoning Com- mission shall not be more than thirty (50) days PAGE 25 Schedule of Pees Lists of fees approved by the City Council shall be on file with the Director of Planning and Community Development No resubmlttal fee shall be required when action is directed from the Commission for further study and the resubmlttal is made within slx (6) months of original submission Ten {10) days prior to the regularly scheduled Planning and Zoning Commission meeting, a courtesy notice to all abutting property owners shall be given by the Planning and Community Development Department for plans over one hundred {100) acres $ 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 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 $ 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 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 ~n ink on reproducible material and shall be certified as prowded ~n the regulation It may include all or only a port~on 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 lmprovement~ 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 zmprovement 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 ~mprovement ties into or ~s part of a continuous system that is already in place Approval of the Lot of Record can be conszdered the same as the development permit approval step since no subdlvis~on plat may be recorded or no building permit approved until the Lot of Record has been approved Second, part of the process is to recezve, revzew and approve engineering plans Engineering plans showzng 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 ~rlor 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 englneerln~ plans have been approved by the Clt~ Engineer If pubhc improvements are to be undertaken on or ~n con~unct~on with an approved Lot of Record and no changes are proposed or needed on that Lot of Record, then engineering plans PAG~ 25 should include a copy of the approved Lot of Record Engineering Plans w~ll be reviewed according to the same procedure outlined ~n 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 Prat, but any port~on thereof shall conform to all of the requirements of these r,~gulatlons 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 entzre subdivzslon, even though such subdivisions mzght be finally approved in sections Lot and block numbers of an approved lot of record not required to be recorded w~th the County as a subdivision shall not be used to reference such propert7 for the purposes of txtle 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 ~s not a recorded subdivision shall be noted on the C~ty's ~ecords 1 Scale The Lot (s) of Record Map shall be drawn to a scale of 1" ~ 100' or 1" ~ 50' except thal 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 Identxfxcatlons a) Proposed txtle or name of subd~wsxon 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 d~men~ slons, angles, bearings and s~mllar data shall be referred At least one corner shall be tied by course and d~stance to a corner in a recorded subdivision or to a survey corner A PAGE 26 note describing the corner marker should be ~ncluded d) Tract boundary lines, r~ght-of-way l~nes or streets, easements and other r~ghts-of-way, and property l~nes and building l~nes of residential lots and other sCdes e) Adequate location data ~n order to reproduce the tract or subdivision on the ground f) Approved name and r~ght-of-way wCdth of each street g) Locations, d~mens~ons and purposes of any easements or other rzghts-of-way h) Identification of each lot or s~te and block by letter or number z) Boundary lznes and names of open spaces to be dedzcated for public use or granted for use of the ~nhabxtants of the subdxws~on or development j) Reference to recorded subdxws~on plats or adjozn~ng platted land by record name k) All required dedication and certification statements C Construction Plans - Information Required Construction plan and profile sheets for all public ~mprove- merits shall be rewewed prior to approval of the f~nal plat The approval of the f~nal plat w~ll not be recommended to the Planning and Zoning Commission until the construction plans have been approved by the C~ty Engineer Construction plans and pro£~les shall be drawn on sheets measuring twenty-two (22) or twenty-four (24) by th~rty-s~x (36) ~nches Each sheet shall ~nclade north point, scale, and date Bench mark description to sea level datum shall be ~ncluded w~th the plans Each sheet shall show the seal and s~gnature of the registered professional c~v~l engineer who prepared the plans, and shall ~nclude the following, unless specifically approved otherwise by the C~ty Engineer 1 A plan and profile of each street w~th top of curb grades shown Scale shall be 1"=40' horizontally, and appropriate vertical scale 2 The cross-sect~on of proposed streets, alleys, and s~dewalks showing the w~dth and type of pave- ment, base and subgrade, and location w~th~n the r~ght-of-way PAGE 27 3 A plan and profile of proposed sanxtary sewers, wxth grades and pipe sizes xnd~cated and showing locations of manholes, cleanouts, and other appurtenances, and a cross section of embedment 4 A plan of the proposed water d~strlbut~on system showing pipe sizes and locatxon of valves, fire hydrants, fittings and other appurtenances, wxth a section showing embedment $ A plan to scale of all areas contributing storm water runoff or drainage within and surrounding the proposed subdlvxslon Such plan shall ind,- cate size of areas, storm frequency and duratzon data. amounts of runoff, points of concentlatlon. and other data necessary to adequately deszgn drainage facll~txes for the area 6 A plan and profile of proposed storm ~ewers. showing hydraulic data. pipe grades and sizes. manholes, inlets, pipe connections, culverts. outlet structures, brxdges, and other structures 7 Profxle v~ews of ~ndlv~dual improvements shall have no more than two ~mprovements on one sheet unless speczfxcally approved by the C~ty Engineer The project engineer is responsible for the accuracy, completeness and conformance to c~ty standards The purpose of the Cxty rewew ~s to assure conformance to c~ty polzc~es and standards However the City revzew ~s l~mzted to facts as presented on submxtted plans The C~ty takes no project engxneerlng responsxb~l~ty The engineer certxfyzng the plans ~s the engineer responsxble for the accuracy and completeness of the documents submitted for review and actual construction The City reserves the right to require correctxons to actual conditions in the f~elC which are found to be contrary to or omitted from submitted plans D Engzneerxng Plans and Fznal Lot of Record Processing Procedures 1 Prelzmlnary Rev~ev of Fxnal Maps and Engineering Plans Three (3) complete sets of prel~mznary engineering plans and fxfteen (15) cop~es of the Lot(s) of Record shall be submitted to the Deve- lopment Revxew Commxttee Chairperson seven (?) working days prior to a regularly scheduled Development Review Committee meeting Comments from the prelxmlnary review will be g~ven to the applzcant for his/her consxderat~on prior to the submission of the f~nal plans to the Plannxng and Community Development Department for r{quested Plannzng and Zoning Commission approval The preliminary review by the Development Review Committee will be no longer than seven (7) work~n~ days. except for unzque or extremely ~-~-ge projects (over 100 acres) 2 Public Ut~lxtles 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 /onlng 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) lo 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 Schedule of fees Lists of fees approved by the City Council will be on file with the Director of Planning $ 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 lo 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 C~ty 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 thr~e ($) copies of the final approved engineering plans are required before the Lot of Record can be recorded with the County Clerk or the City and before building permits are issued or before land development permit can be issued The f~l~ng o~ the Lot of Record is subject to the following conditions 1 The completion and acceptance of required public improvements, 2 The execution of a development contract with the City {see subsection 3 07) PAGE 29 If an approved Lot of Record plat has not been tiled within two (Z) years, ~t shall be considered null and void unless an extension is granted by the Planning and Zoning Commission Disapproval of a Final Lot of Record Plat by ~he Planning and Zoning Commission shall be deemed a refusal by the C~ty to accept the offered dedications shown thereon Approval of a Final Lot of Record Plat shall not be deemed an acceptance of the proposed dedications and shall not ~mpose any duty upon the City concerning the maintenance or improvements of any such dedicated parts until the proper authorities of the City have both g~ven their written acceptance of the improvements and have actually appropriated the same by entry, use, or improvement Article 3 07 Construction Phase Procedural Requirements and Policies A Approval Required for Construction Start 1 Certification of plans and plats approved Before any construction can begin, a developer must secure an approved Lot of Record and an official written notice from the cha~rpers65 of the staff Development Review Committee that certifies that all development plan review and approval are complete 2 Pre-construction conference and/or agreements required a) Development contract agreement (required for construction authorization xf a Lot ot Record is to be filed prior to completion of improvements) The contractor shall furnish to the City Engineer, before beginning any ~mprovement operation, three ($) executed sets of the required development contract documents, including payment, performance and maintenance bonds The form of these documents ,,hall be prowded to the contractor by the Engineering Department Among other th~ngs 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 C~ty Engineer The Development Contract required by the C~ty of Denton shall as a m~n~mum meet the follow- lng guidelines More detailed standard provisions shall be provided by the C~ty 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 be constructed under (2) Ail improvements shall City of Denton standard specifications (3) Performance of work and payments to (ontrac- tors by the developer shall follow all legal restrictions according to the applicable bond or the City may institute legal proceedtngs (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) Performance standards for the developer and all his work crews should meet the following (a) The liming process for the street subgrade shall not be interrupted or driven on or through during lime application or either remlxlng 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 pavement~ shall not be driven on until the City releases the pavem~nt as a fullstrength pavement (d) Sewer lines, manholes, services and clean- outs shall not be operated or 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 lln~s until authorized by the city lnspectol 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 buLldlng 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 PAG~ 51 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 bulldln~ inspections shall cease until the requlrea 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 C~ty 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 ~mprovements to cease when ~n his ~udgment, 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 Ail required improvements shall be made by the applicant, at h~s expense, according to the officially adopted Master Plans, without reimbursement by the City of Denton except for certain oversized or city participation prowslons of th~s 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 w~ll participate in the cost of any water line having an inside diameter greater than e~ght (8) inches and of any sanitary sewer l~ne having an inside diameter greater than ten (10) ~nches 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 C~ty Engineer shall present his findings, along with h~s 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 ad3acent to a subdivision, the developer, unless exempt, shall PAGE 53 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 ~s extended to the subdivision In cases where easements cannot be secured, the developer may petition the C~ty to authorize condemnation proceedings However, the City will not be liable for any cost 1 Criteria for ~xtenslons For the C~ty to consider using condemnation authorzty for assistance to extend mains to a subdlwslon area, a clear ewdence of public need and ~nterest must be shown by the applicant The following criteria are presented as guidelines in conslderzng such publzc neea or xnterest a) The proposed extension must be ~n accordance w~th the officially adopted Master Ut~lzty Plan b) The p~p~ extension must be such that ~t will to serve other development areas c) The proposed extension must be supportive of the Denton Development Guxde d) The proposed extenszon will substantzally help the overall czty economy (For example, it will serve a new plant that employs over f~fty 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 prowded ) f) The extension, zf 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 publzc need and interest In addition, the applicant must present written ewdence that he has made every practical attempt to secure needed easements Th~s 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 application shall be forwarded to the chairperson of the Development Rewew 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 ~lthln 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 ($) acres 2 The subdivision or development does not change any street locations and/or does not affect or involve any collector or ma3or thoroughfare streets $ 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 #1, 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 pro3ect under a PAGE 35 Planned Development zoning, the Planning and Zoning Commission may recommend to the City Council the variance of specific requirements of th~s ordinance based on a detailed s~te development plan Such mod~flcatxon 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 ~s an optimal zoning and subdxv~sxon process ~ntended to prowde an avenue to apply new and inventive planning concepts that are not readxly accommodated by tradi- tional regulations In rewew~ng Planned Development plans tradxtlonal standards are utilized as the base standard for comparxson and guidance Any modification of those standards must meet all of the following criteria A The modified proposal would conform to the C~ty Master Plans B Granting the modification w~ll not have the effect of preventxng the orderly subdlws~on of other land use ~n the area C The need for a variance of requirements to accomplish a unxque project design, as distinguished from a need for a variance for personal convenience D The proposed development cannot be readily accomplished through standard zoning dlstr~cts or subdxws~on processes E The proposed mod~flcatxon substantxally accomplished the ~ntent of the standard and ~mproves the overall development design (Even though the modxf~catxon may not meet the letter of the apphcable standard, ~t provides for a better project design For example The requirement for drainage p~p~ng ~n residential streets m~ght be waived ~f the design maintains all building l~nes out of the lO0-year flood plain and the system is designed to provide retention qualities that helps correct downstream drainage problems, as well as prowde 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 ~mprovement standards and policies for development within the C~ty of Denton It ~s ~ntended that these standards set the basic development policies for the C~ty and act as the guiding ordinance to other related ordinances, regulations and official plans Other rules, ordinances, regulations and plans that must be coordinated w~th these general standards include A Building and Housing Codes, B Zoning Ordinance, C Engineering Standard Construction Specifications, D Ut~hty Ordinance, E Flood Damage Prevention, F F~re Codes, G Ail 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 xs hereby authorized and directed to recommend standards and specifications for the design and construction of curbs, street l~ghts, street s~gns, alleys, utility layouts, utility easements, s~dewalks, water supply and d~str~but~on systems, fire hydrants, sewage d~sposal systems, drainage facilities, and other public ~mprovements, 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 t~me to t~me, provided that an amendment shall be filed with the appropriate board or comm~ssxon at least thirty (50) days before it becomes effective and no oboect~on or modifica- tion ~s required by the board or commission No such standards PAGE 57 or specifications shall conflict with this or any other ordinances of the City of Denton All such plans and ~mprovements shall be processed, designed, constructed, ~nstalled, located, and arranged by the Subdxv~der or developer in accordance with such rules, regulations, stan- dards, procedures and spec~fzcatlons 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 Councxl as recommended by the Planning and Zoning Commission The collector street port,on of the master thoroughfare plan can be amended as needed by the Planning and Zoning Commission according to the collector street criteria set forth ~n the following collector street subsection A Street-Right-of-WaY The owner shall be required to dedicate street right-of-way as shown ~n the officially adopted Thoroughfare Plan, and accord- lng to the standards and criteria shown below 1 Standards and Criteria for R~ght-of-Way and Alignment a) Major Arterials (Primary) Basic Functional Classification Criteria These streets transverse the c~ty, 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) ~xhlb~ts design criteria (a) Projected year 2000, volumes exceeding 2100/23,000 vehicles per hour/vehicles per day (b) Pro0ected route does not have any major engineering obstacle PAGE (c) The projected route takes ~nto account any ex~stlng parallel routes that might exhibit better traffic flow than the projected route b) Major Arterial (Secondary) Basic Functional Classification fir~ter~a These streets connect major sections of town and usually have a r~ght-o£-way of s~xty (60) to e~ghty (80) feet Technical Classification Criteria (1) The route ~s a major connection between d~fferent sections of town, or (2) Major connection between two d~ferent primary arterials, or (3) Major connection to one or more of Denton's moderate ~ntens~ty areas, and (4) h×hlb~ts design crxter~a (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 ~nto account any ex~stxng parallel routes that m~ght exhibit better traffic flow than the projected route c) Collector Streets Basic Functional Classification Criteria These are not shown on the major street map xn the Denton Development Guide but are specified ~n a separate map* that ~s updated yearly by the Planning and Zoning Commission and modified as needed by subd~ws~on rewew of detailed s~te design Collector street design should ~nclude consideration for all modes of ~nd~wdual transportation Collector street planning ~s subject to the following policy crxter~a (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 h~gher xntens~ty land uses such as apart- ments (apartments usually defined as a m~n~mum 12 units/acre on two or more acres), ~ndustrlal areas, and commercial areas *The major criteria for collector street location are these written policies, and the map ~s only a secondary guide (~or major streets, the map ~s primary ) PAGE 39 (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 ~ntenslty 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 ma3or 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 ) 2 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 xn 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 gu~delxnes shall be followed Interpre- tation of street need classification shall be governed f~rst by the approved Thoroughfare Plan If outside the detail of the Thoroughfare Plan, street classificatIon shall be ~nterpreted on the bas~s of need as determined by the Plan after a report from the Development Review Committee on overall thoroughfare planning ~nclud~ng the projected vehicle tr~ps per day w~th full development In the case of ex~stlng 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 ~n writing to the Development Review Committee for ~ts approval and must include an accurate topographic map of the area ~n question showing the proposed design Design requirements are summarized as Table 1 (TABLE ON PAGE 42) PAGE 41 PAGE 42 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 w~th city standards The City will partic~pate in the paving cost only (suboect 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 C~ty, 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 term~natlon 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 B Street Jogs Where off-sets (jogs) in street alignment are in the opinion of the Planning and Zoning Commlslon desirable, such off-sets may be employed provided the distance between center l~nes ~s not less than one hundred twenty-£1ve (125) feet F Cul-de-Sacs and Dead-end Streets i The maximum length of a cul-de-sac or dead-end street with a permanent turnaround shall usually be one thousand (lO00) feet, except under unusual conditions with the approval of the Planning and Zoning Commission 2 Turnarounds are to have a m~nlmum 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 (1Z0) 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" ~s defined as a turn- around that is of sufficient s~ze to accommodate PAGE 43 fire and sanitation vehxcles and ~s of a construction quality comparable to standard road cross-sections G Street Intersectxon Except where ex~st~ng conditions w~ll not permit, all streets shall ~ntersect at a n~nety degree {90°} angle Variations of more than ten degrees {10°} on Resxdent~al or Local streets and more than fxve degrees (S°} on Collectors and Thoroughfares must have the approval of the Plannxng and Zoning Commission H Per~meter Streets 1 General Part~al or half-streets may be prowded where the feels that a Planning and Zoning Commission street should be located along a property l~ne Wherever a half-street has already been prowded adjacent to an area to be subdivided, the other remaining port~on of the street shall be platted with such subd~wslon Where part of a street ~s being dedicated along a common property line, the first dedication shall be one-half of the proposed street right-of-way Z Unimproved Per~meter Streets Ad]acent to Subd~w- slons and Development Lots a) The term ,,unimproved street" shall mean a public thoroughfare without paved curb and gutter whxch affords access by vehicles and pedestrians to abuttxng property b) Upon any land being subdivided or otherwise developed in an area ad3acent to ex~st~ng unimproved streets (excluding State or Federal highways), the developer shall bear half the total cost of paving (up to 17 foot w~dth) and lnstall~n~ curb and gutter for all such un~mprovea perimeter streets ad0acent to the area being subdivided or otherwise developed Prowded, however, that the Planning and Zoning Commission may e~ther 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 unxmproved street by the developer after considering such factors as (1) the extent of exist~ lng and anticipated development in the area, (2) the amount of anticipated vehicular and pedestrian traffic, and (3) the current condxtxon of the unimproved streets under cons~deratxon (a) Single £amlly development not exceed- zng three (3) acres ~n size or three ($) lots, or PAGE 44 {b) Industrial, commercial, or multi-family deve- lopment not exceeding three {$) acres ~n size In all developments, the Planning and Zoning Commission may postpone the required ~mprove- ments of an unimproved street by the developer should ~t be determined that such ~mprovements 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 C~ty 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 Cb) Place h~s 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 ~nto 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 ~nflatlonary costs of construction If the funds are not used within nine (9) years the C~ty 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 Any developer who builds one-half the street and desires to prowde ultimate drainage facilities for the whole street will be able to collect up to one-half of the cost of the drainage ~mprove- ments when adjacent properties develop by s~gnlng an appropriate pro-rata agreement w~th the City of Denton If it is not financially feasible for the developer to provide drainage ~mprovements in accordance w~th the C~ty 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 ~n 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 Residential Driveway Access to Arterial Streets Residential drtveway access to arterial streets should not be permitted except for major multiple family "cluster" developments Number of Direct Access Driveways (Curb Cuts) a) Street Classzflcat~on No of Curb Cuts Primary Arterial Only for ma~or generators under specific conditions (See b ~ 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 0olnt 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 il) If the daily volume using one driveway would exceed f~ve thousand (5,000) vehicles (both d~rect~ons) (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, e~ther on the parcel or as part of 0olnt access 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 (ZO0) feet, a minimum spacing of one hundred fifty (150) feet would be permissible On collector streets where the average spacing w~thln one hundred (100) feet of the subject property could be maintained at fifty (50) feet, a minimum spacing of thirty feet would be permissible PAGE 46 b) Where such spacing control cannot readily be achieved w~thln a particular parcel, joint access w~th an adjoining property should be sought c) If the City Engineer is satisfied that sufficient attempts to secure joxnt access have been made and that joznt access is still not possible, and access cannot be provided v~a another street, driveway spacing of not less than one hundred f~fty {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 ~f minimum corner clearances are met However, this access on arterial streets should be limited to r~ght turns in and out {left turns ~n and out prohibited) d) Additional variation of this standard ~s permitted by application to the Planning and Zoning Commission after recommendation from the Development Review Committee and Traffic Safety Commission as provided ~n subsection and 9 Corner Clearance The m~nlmum curb length between a driveway and an ~ntersectlon of the arterial with a cross street should be not less than forty (40} feet If the intersection ~s or is likely to be s~gnallzed, then traffic movements to and irom any driveway within one hundred twenty-f~ve feet of an intersection w~th a collector and two hundred fifty (Z$0) feet of an intersection w~th an arterial should be l~m~ted to right turns only However, when possible corner clearance shall be within the following guidelines ARTERIAL MINIMUM CORNER CLEARANCES GUIDELINES {For Mult~-Pam~ly, Commercial or Industrial) Minimum Corner Clearance, Peet~ Intersection Desirable Critical Minimum M~n~mum Type Arterial-Arterial 300 250 Arterial-Collector 200 125 Arterial-Local 100 50 Desirable minimum corner clearance ~s the clearance needed to assure that conflicting driveway and intersection movements do not overlap ~Corner clearance xs measured from the ~ntersectlon curb to the near driveway curb PAGE 47 S 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 is not available or any parking lot design** that does not provide adequate on site maneuvering should not be permitted For example, ~f parking ~s within twenty-five (25) feet of the driveway, for commercial or multl-famlly 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 3olnt 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 (s~reet), 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 7 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 20' recommended Multi-Family. Commercial 12' minimum {1-way) on arterial 30' maximum (2-way) streets, Z4' recommended 10' minimum Single and Two-Family 5' radius 10' minimum 20' maximum Note Where significant truck traffic is pro3ected for two-way access a thirty-five (35) foot driveway width and twenty (20) foot curb radius may be required by the C~ty Engineer 8 Special Land-Use Requirements Certain land uses may require driveways which do not totally conform to the guidelines stated pre- vlously 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 )ust~fy~ng 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 ~nformatlon, when combined with the building permit and s~te development plan, to allow the city to fully assess the adequacy of the proposed driveway design An ~ndustr~al, commercial or multi-family permit application for arterial and collector streets shall ~nclude, 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 (5) The location of any bu~ld~ngs or structures, either ex~st~ng 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 ex,sting driveways or curb-cuts located on adjacent lots or lots across the street (8) Show all of the geometric design ieatures of the roadway itself, including the presence of a median, the number and w~dth of travel lanes, the presence of a shoulder or a parking lane, etc (9) Show the d~stances to Intersecting streets (10) A traffic engineering study of professional traffic engineering standaras 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 resubdlvlslon 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 resubdlvlslon M Bstate 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 (Z4) feet without curbs is allowed Pavement quality must meet the minimum quality of the City of Denton standard specifications PAGB SO N Off-site Street Connection See Section 4 16, Part B Lot to be fronted on a public street Article 4 04 S~dewalk Standards and Policy At the discretion of the Planning and Zoning Commission, the developer shall install s~dewalks on one s~de of all thorough- fares and collector streets w~th~n and adjoining a subd~ws~on, or, in l~eu thereof, a comprehensive system of public walkways to serve all properties w~th~n the subdivision The sidewalk should be placed to t~e in w~th access to schools as a primary criteria Also all local streets which are located ~mmedlately adjacent to a school s~te and for a d~stance of one block shall have a sidewalk along one side In a residential subd~ws~on, s~dewalks shall normally be placed ~n the r~ght-of-way one (1) foot from the property line, shall be four (4) feet ~n w~dth, and shall ~nclude required ramps F~nal design details shall conform to the standard engineering specifications for the C~ty of Denton Article 4 05 Median Standards A No median unit w~ll be permitted except on maoor arterial roadways (primary and secondary) as defined by the maoor thoroughfare master plan B M~n~mum w~dth of 14 feet from back to back of curb w~ll be accepted Medians less than 14 feet ~n w~dth 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 w~th a water supply and outlets spaced a m~n~mum of every 100 feet apart Provisions for an underground electrical supply shall be prowded for each median unit for purposes of automatic ~rr~gatlon Th~s shall be determined by the Parks D~wslon prior to construction D Contractors are to f~ll each median unit w~th top so~l and each unit shall be fertilized, seeded and watered ~n a PAGE 51 proper manner to estabhsh 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 prowslons are not made for servxce access, such as off-street loadxng, unloading, parking and fire-fighting access consistent with and adequate for the uses proposed B Residential Areas Alleys are not required C Alley Width Ail alleys shall be paved In commercial areas, the minimum w~dth of the alley r~ght-of-way shall be twenty (20) feet and the minimum pavement w~dth shall be sixteen (16) feet In residential areas, the minimum alley right-of-way width shall be sixteen (16) feet and the m~nlmum pavement width shall be twelve (12) feet D Turnouts Alley turnouts shall be paved to the property line and shall be at least twelve (1Z) feet wzde 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 f~fteen (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 ($) feet from both the alley and driveway PAGE 52 G Dead-end Alleys Dead-end alleys shall be avoided xf 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 xn commercial/industrial areas D Location Location of water utilities shall generally be ~n city r~ght- 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 m~nimum capacity shall be defined as follows H~gh IntensCty Commercial and Industrial areas 3,000 GPM Medium Intensity Commercial areas 1,500 GPM *Ail sewer and water utility standards are applicable in the city limits or the ETJ PAGE 53 Medxum Intensity Resxdent~al areas 750 GPM Low Intensity Residential areas 500 GPM All flows to be calculated w~th 20 pound residual pressures Specxal and unxque exceptions to the above standard may be made by the Planning and Zoning Commission after recommendation from the Public Utxl~tles Board Artxcle 4 08 Sewer Ut~lxty Standards* A Basic Policy Sanitary sewer facilities shall be prowded to service the subd~wsxon adequately and conform to the City of Denton Master Sewer Plan, Standard Specxf~cat~ons and the Comprehensive Utxl~ty Ordxnance of the C~ty of Denton B Basic Design Standards 1 All ma~n l~nes shall be a m~n~mum of e~ght (8) ~nches except under certain condxt~ons such as short lxnes, steep grades etc , then a s~x (6) ~nch l~ne can be approved by the Development Rewew Committee R~ght of appeal ~s to the Public Ut~l~txes Board, which shall make f~nal determination 2 M~n~mum grades shall be ma~ntaxned ~n layxng sewer l~nes to prowde a mmn~mum velocity of two (2) feet per second, as per the following chart VITRIFIED TILE Fall xn Foot Capacity Flowing S~ze of P~pe Per 100 feet Full - M G D 6" 0 60 0 27 8" 0 40 0 46 10" 0 30 0 72 12" 0 22 i O0 15" 0 16 1 06 18" 0 12 2 30 20" 0 10 2 80 24" 0 08 4 O0 P V C GRAVITY SEWER PIPE 6" 0 60 0 27 8" 0 30 0 46 10" 0 24 0 72 12" 0 20 1 00 15" 0 12 1 60 18" 0 10 2 30 20" 0 08 2 80 24" 0 06 4 O0 *All sewer and water utxlxty standards are applxcable ~n the c~ty l~m~ts or ETJ PAGE S4 $ Manhole spacing shall not generally exceed five hundred (500) feet C Location The location of all sewer ~na~ns shall be in c~ty r~ght-of- way unless special c~rcumstances ex~st (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 r~ght to prohibit any connection to the C~ty Sewer System when it is determined that a line or the system is overloaded Overloaded shall be defined as System or L~ne-operat~ng 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 w~dth of the development lot (defined by Plat or Lot of Record) ~n such an alignment that ~t can be extended to the next property ~n accordance w~th 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 w~ll be required to install adequate facilities b) The current l~nes are not of adequate capacity to serve the zoning of a property that has been rezoned to a more intense use s~nce the time of the original utility ~nstallatlon 2 Ail extensions over slx hundred (600) feet to new construction require prior approval by the Planning and Zoning Commission after recommen- dation by the Public Utilities Board PAGE 55 3 The Director of Utilities may approve an extension of water and sewer mains to an ex~st~ng dwelling ~f the extension ~s less than s~x hundred (600) feet, prowded funds are available and as allocated ~n the Capital Improvement Plan B Cost policies for extensxons to new subdlv~sxons 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 ~ncludes current and future phases Required facilities w~ll be according to the C~ty's Master Utility Plan as determined by the Development Rewew Committee w~th r~ght of appeal to the Planning and Zoning Commission after recommendation from the Public Utilities Board 2 Oversize Mains-The C~ty may participate in any cost of oversize water and sewer mains, subject to funds availability and approval by the C~ty Council Oversized mains are defined as water mains over e~ght (8) ~nches and sewer mains over ten (10) ~nches, which are required by the C~ty for future system expansion and are not required by the proposed development Pro-Rata Reimbursement Due Developer-Where the extensions to reach a development are la~d ~n street r~ghts-of-way or ~n dedicated areas d~rectly accessible for future serwce l~nes, the developer shall be entitled to reimbursement ~n accordance w~th the prows~ons of section below, but such reimbursement shall not exceed the developer's total cost of the main 4 City R~ght To Approve Oversize Construction Contracts Where C~ty Funds Are Involved-The C~ty shall approve all oversize utility contracts for such construction of utilities prior to their execution by the developer In the event the C~ty cannot justify the costs ~nvolved ~n any such contract where c~ty funds or pro-rata repayment ~s ~nvolved the C~ty shall have the option and r~ght to submit the project for sealed b~ds, and the developer shall pay h~s proport~on- ate share of the acceptable low bid 5 Pro-Rata Cost Charges For Tapping Mains ~xtended by City-The City of Denton may elect to extend a ma~n where conditions ex~st which cause a hardship due to lack of water or sanitary sewer service In such cases the ma~n shall come under the same pro-rata provisions, and any taps of these l~nes shall be pa~d for the same as ~f such ma~n were extended by a developer, except the taps made by the "special extensions to ~nd~wdual single family residence" as described below There *(Includes ~nd~wduals, subd~wders, 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 Exxstlng 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 Cxty of Denton Utilities Department deems to be most appropriate The proportionate share for the owner and the C~ty 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 pa~d to the C~ty as provided below, for each user who extends a service l~ne 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 l~nes or main extensions constructed at the expense of the City of Denton under the terms of this section $ Reimbursement payments shall be made by the C~ty to the person who paid the cost of the ma~n, or h~s assignee, and no other person shall be entitled to payment under the terms of this section 4 The reimbursement shall be payable w~th~n 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 71-17, Pt I, 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 xs accessxble 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 dxrectly accessxble 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 slmxlar prooects w~th pxpe of the same s~ze up to e~ght (8) ~nches xnslde d~ameter water pipe and ten (10) inches d~ameter sewer p~pe All pro-rata charges shall be charged on a per front foot bas~s The pro-rata charges prowded by th~s section shall be in addition to the usual tapping fee and to any other charges required by the C~ty 5 The ~ntent and purpose of th~s section is to provide an equitable charge for water and sanitary sewer connections as a proportionate d~strlbutlon 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 ~s so sxtuated or shaped that the above front foot charge creates an lnequztable basis compared to other tracts of land of s~mzlar overall size, the Public Utzlzt~es Board shall determine the proper charge ~n accord w~th the xntent and purpose of thxs section, and such determined charge may be lesser or greater than that ~r~ front foot basis If more lots are to be by the ma~n than abut or contain ~t, then the charge shall be greater, as determined by the Public Utilities Board No person shall acquire any vested r~ght under the terms and provisions of th~s section, nor shall the C~ty of Denton ~ncur 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 l~ne installations Special Extensions to Individual Single ~amlly Residences 1 Where an extension of water or sanitary sewer main ~s made by the C~ty in order to serve a single-family residence, the owner may contract with the City to pay a proportionate share of such a ma~n as follows PAGE 58 a) Extension to lots w~th less than one hundred (100) feet frontzng or abutting the ma~n (1) Ma~n xn c~ty street or easement (s~de or front of lot) shall pay 60 percent of the average current cost per foot, or (2) Ma~n extended through ad3o~n~ng lot shall pay 100 percent of the average current cost per foot b) Extenszon to lots w~th more than one hundred (100) feet frontzng or abuttxng the ma~n (1) Mazn ~n c~ty street, easement or county road shall pay average current cost per foot as follows 60 percent of the f~rst 100 feet, 10 percent of the next 200 feet, 0 percent over 300 feet {Z) Maxn extended through ad3o~n~ng lot shall pay average current cost per foot as follows 100 percent of the f~rst 100 feet, 10 percent of the next 200 feet, 0 percent over 300 feet c) No owner for which a connection ~s made pursuant to th~s sectxon shall be entitled to rezmbursement for any future connections, and all future taps and connections made by the owner shall be pa~d for as prowded xn the previous section unless the extension agreement shall state otherwise d) Owners of tracts w~th over one hundred (100) feet of frontage, as descrxbed ~n subsection b) preceding, who may at a later date subd~wde their tract shall be required to pay for pro-rata for the subdxwded frontage equal to 60 percent of the average current cost per foot, cost to be determxned as of the date of the tap request Article 4 10 Alternatxve Water and Sewer Facxlxtxes All developments wxthxn the jurxsd~ctxon of the Cxty of Denton shall be requxred to have approved water supply and sanxtary sewerage facllxt~es and shall be required to connect to the Cxty of Denton's facxlxtles unless alternatxve arrangements have been approved by the Cxty accordxng to the following standards and procedures A Water Wells (Indxv~dual) Developments may be approved wxth alternative water fac~l~txes accordxng to the following crxterxa PAGE 59 1 Water well operation and quality meet the m~n~mum requirements o£ the Texas State Department of Health and C~ty of Denton Health Ordinances 2 Water wells are not utilized ~n any commercial sale of the water 3 Cost to t~e onto the C~ty of Denton Water System exceeds the certified ~n~t~al cap~tal cost of a well 4 An applicant for approval of an ~nd~wdual water well shall submit the following evidence to the D~rector of Utilities a) Water quality tests, b) Affidavits stating that no more than three {3) families w~ll use the well and/or the well water will not be used in any commercial sales, and, c) Certified cost estimate of well ~nstallat,on Upon review of th~s ewdence, the D~rector of Utilities may ~ssue a water well permxt B Septic Tanks Developments may be approved w,th alternative sewer facilities according to the following criteria 1 A septic tank may be ~nstalled to serve an individual residence, commercial or ~ndustrlal facility ~f a) The premise upon which such structure ~s located ~s more than two hundred {200) feet from any c~ty sanitary ma~n, or, b) The D~rector of Utilities or h~s authorized representative certified ~n writing that the topography of such premises makes normal connection with such existing sanitary ma~n impractical or ~mposs~ble, and c) rhe operation of a septic tank ~s feasxble on the premise and w~ll meet the standards and requirements of th~s ordinance Ail other ~nstallat~ons of septic tanks shall be unlawful w~th~n Denton or Denton's extra-territorial ~ur~sd~ct~on 2 Septic tanks shall be ~nstalled in accordance w~th the standards established by the Texas State Department of Health, 1959 Code, Article 9 04 3 An applicant for approval of an ~nd~vxdual septic tank shall submit the following evidence to the D~rector of Utilities a) Map and statement of ~ust~f~cat~on, PAGE 60 b) Affidavits that no more than one residence, commercial or lndustr~al facility shall be utilizing such septic tank, c) A plan of the septic tank system prepared by a regxstered professional engineer or registered professional sanitarian, and d) Aff,dawt of the results of the percolation tests Upon rewew of this ewdence, the D~rector of Utilities or hxs authorized representative may ,ssue a septic tank permt C Other Ind~wdual Systems Other ~nd~wdual septic systems can be considered ~f satis- factory ewdence ~s 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- wces for more than a s~ngle facility, and the cost of extending and tying on to the C~ty system ~s prohibitive, privately owned water and/or sewer facilities may be considered and approved by the C~ty according to the following general criteria 1 The cost to t~e on to the C~ty system would be s~gn~f~cantly greater than the proposed alternative 2 The applicant of the proposed alternative system prowdes certified evidence from a registered professional engineer that the system w~ll meet ali C~ty, State and Federal health and water quality standards 5 The s~z~ng and mater~al quality of all facilities w~ll 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 $ Operators of the system(s) w~ll be certified by the State Department of Health 6 The City shall have the right to inspect the system periodically to determine ~f such system ~s being operated and maintained according to industry standards 7 The rewew and approval procedures for such private water and/or sewer system shall proceed concurrently with the normal platting and engineer~ng plan approval process as outlined in PAGE 61 Article III, except for applications unaer these alternative water and sewer facilities proposals, which shall f~rst require rewew and recommenda- tion from the Public Utilities Board and final concurrence from the City Council 8 The C~ty of Denton may accept ex~st~ng or annexed private water or sewer systems for operation and maxntenance when the City's water and sewer l~nes are connected to such system, prowded the system has been designed, constructed, and operated ~n accordance w~th accepted ~ndustry and City stan- dards Such private system shall be dedicated to the C~ty at no cost 9 Prior to such acceptance by the City, such water and sewer l~nes and facilities shall be ~nspected and evaluated as to standards, adequacy, condition, etc If water and sewer lines and facilities are not according to c~ty standards, a per l~neal foot pro-rata charge shall be assessed to the users of such system[s) for ~nstallat~on of these new facilities w~ll be on a per l~neal foot actual cost bas~s for upgrading or repairing the existing facilities to meet c~ty standards E Connections to Sanitary Sewer Extensions Required upon Notice Whenever the C~ty sanitary sewer system ~s extended to wxth~n two hundred (200) feet of any lot or parcel of land w~thln the corporate l~mzts of the C~ty where a septic tank, dry closet or privy vault exists, the owner or occupant of each premises shall abate such septxc tank, dry closet or privy and shall construct a suztable water closet upon such premises and connect the same with the City sanitary sewer mazn w~thzn thirty (50) days after written not~ce to do so from the City health officer unless he can show by County Health certificate that h~s current system ~s functioning ~n 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 prowded ~n street r~ght-of-way except for special c~rcumstances approved by the Development Rewew 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 reconstructxon is necessary, any structure or improvement damaged within eight (8) feet either side of a non-dedicated utility whether in a dedxcated 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 serwce, as calculated by the Utility Department PAGE 6~ 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, ~nstall~ng, 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 ~n 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 ~n width 2 Street light number, type, and size shall be determined by the Utilities Department 3 Developers w~ll 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 C~ty of Denton B General Design Standards The following are general drainage design standards and policies of the City of Denton 1 Coordination w~th the Comprehensive Master Drainage Plan is required 2 Design Storm Frequencies Area or FacllltZ 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 Ploodways 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 $0 feet PAG~ 65 Water Spread Limit Street Permissible Classification Water Spread Expressway lO-year storm --1 traffic lane may be closed Ma3or Thoroughfare 10-year storm (Divided) --1 traffic lane must remain open each direction Ma3or Thoroughfare 10-year storm (Undivided) --Z traffic lanes must remain open Collector Street 10-year storm --1 traffic lane must remain open Residential Street 10-year storm --water flow must not exceed 4" above curb Pipe Systems 10-year storm ~ Inlets --hydraulic grade shall be 2' top of curb below The permissible water spreads are based upon the initial storm frequency (10-year), but consideration must be given to street conveyance of the maoor storm (100-year) and possible flooding All streets shall be capable of conveying a maoor storm without water encroaching into ad3acent buildings Therefore, the maximum spread limit in streets for a ma3or storm shall be the building lines This requirement of utilizing the streets to convey the ma3or storm runoff may require increasing the capacity of the enclosed drainage system Street Cross Flow Allowable depths of flow across street Intersections for initial frequency storms (10-year) are established as follows Street Intersection Cross Flow Depth Expressway None Ma3or 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) 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 ma3or system or the maoor 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 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-l~ned at least to the 10-year frequency channel flow level with additional height to carry the 2$-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 6 Additional Storm Drain criteria are a) Utilization of retention ponds and dispersion areas and preservation of ma3or flood plains, etc , shall be strongly encouraged and may be required if a proposed drainage improvement is found to create actual or potential upstream, ad3acent or downstream property damage due to the creation of excessive flood velocities or heights b) The City's ma3or 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 lO0-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 w~ll be coordinated and defined on the site plan before detailed plans are submitted c) Minimum velocity with the pipe flowing full shall be three ($) 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 s~zes 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 L~ty Bnglneer h) Maximum manhole spacing is shown below Pipe Size Maximum Spacing 15" 400' 18-36" 600' 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 0unctions having pipe sizes twenty-four (24) inches or greater, at alignment changes, and at the beginning of the storm drain system l) Inverted crown sections will be permitted only in alleys j) 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 ~ntersectlon 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 desxgned for ultimate deve- lopment of the watershed and, therefore, runoff coeffzclents 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 T~me of Concentration MINIMUM INLET TIME OF CONCENTRATION Type Area Minimum Inlet Time Parks & Permanent Open Areas 20 minutes Residential (less than 5 un/ac density) 15 minutes All Other Residential 10 minutes Industrial ~ Business 10 minutes Roof and Paved Areas, Streets 10 minutes PAGE 68 When inlet t~mes of concentration which are ~n excess of these minimums are used, the techniques and assumptions used ~n computing these t~mes must be submitted w~th the plans and approved by the C~ty Engineer In cases where ~t is ewdent that the actual time of concentration ~s less than that indicated above, a shorter time of concentration should be used Offslte Drainage The owner or developer of property to be developed shall be responsible for all storm drainage flowing on h~s property This responsibility ~ncludes the drainage directed to that property by ultimate development as well as drainage naturally flowing through the property by reason of topography Adequate consideration shall be given by the owner in the development of property to determine how the d~scharge leawng the proposed development w~ll affect adjacent property 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 dra~n 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 The subdivider shall pay for the cost of all drainage ~mprovements required for the development of the subdivision, ~nclua~ng any necessary offslte channels or storm sewers and acquisition of the required easements Where it ~s anticipated that additional runoff ~ncldental to the development of the subdivision will overload an existing downstream drainage facility, whether natural or manmade, the Planning and Zoning Commission may w~thhold approval of the subdlwslon until appropriate prowslon has been made to accommodate the problem, and plans shall be prowded which ~nclude all necessary oifs~te improvements ~ncludlng storm sewer systems, channel grading, driveway adjustments, culvert improvements, etc In areas where downstream p~pes or channels are inadequate to handle proposed increased flows, the C~ty as one alternative may consider accepting cash payment ~n l~eu of actual drainage ~mprovements The developer must show that the proposed p~pe system to handle the flow from h~s development would not function properly w~thout substantial downstream ~mprovements Prior to permitting any development that w~ll s~gn~f~cantly increase flood heights downstream or upstream, a hearing before the Planning and Zoning Commission ~s required w~th special notxce to the adjacent property owners PAGE 69 D Drainage Easements Where topography or other conditions are such as to make impractical the ~nclus~on 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 ~ndlcated 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 r~ghts must be secured and ~nd~cated on the plat or other instrument as approved by the C~ty Attorney In the case of clear public ~nterest, the C~ty may participate in easement acquisition by power of condemnation The applicant shall dedicate an appropriate drainage easement either ~n fee or by drainage easement or by conservation easement of land on both sides of existing watercourses to a d~stance to be determined by the Planning and Zoning Commission E Drainage Modification Permit No land shall be modified ~n any lO0-year flood dralnageway until a Drainage Modification Permit is ~ssued from the C~ty Engineer's Office The City Engineer, as a condition of the permit, shall certify that such modification will, as a m~nlmum, fulfill the requirements of this ordinance with special attention that peak flow heights or velocities will not be ~ncreased on adjacent properties Drainage modification permits for dralnageways whose basin exceed one square m~le may be approved by the Planning and Zoning Commission after notification of adjacent property owners Drainage modification permits for dra~nageways less than one square m~le may be approved by the C~ty Engineer Smaller dra~nageways which do not carry runoff from upstream PAGB 70 properties and do not change the downstream concentration point will not require permits Any decision by the C~ty Engineer can be referred to the Planning and Zoning Commission by e~ther the C~ty Engineer or the applicant for f~nal determination Upon such referral all ad3acent property owners w~ll be notified of the heanng at least ten (10) days prior to the scheduled Planning and Zoning Commission meeting F Flood Prevention Ordinance The Flood Prevention Ordinance of the C~ty of Denton (Chapter 10 1/2) ~mpacts land development ~n only two ways It 1 Outlines requirements for amending the Federal Flood Insurance Map, and 2 Outlines the m~n~mum requirement for f~nlshed floor elevations The ordinance, therefore, except ~n the above two cases, ~s not applicable to development standards, as the purpose of the ordinance ~s basically to ensure that no new structures are flooded Article 4 16 Lots, Common Areas and Facilities A Lot Size The size, w~dth and depth of lots shall conform to the zoning requirements for the area B Access to Street Each lot shall be prowded w~th adequate access to an ex~st~ng or proposed public street (County or C~ty) by frontage on such street except frontage on a private street may be permitted ~n a Planned Development Zoning Dlstr~ct Such publxc street shall be connected to and considered part of the general network of public streets ~n the area Development ad3acent to ex~st~ng public streets shall ~nclude the required ~mprovements in accordance w~th the C~ty's per~meter 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 r~ght angles to each other should be avoided PAG~ 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 Slx hundred (600) feet ~s a desirable m~nlmum 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 l~ne It should conform to the zoning requirements for that dlstr~ct Article 4 19 F~re 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 mater~al of such strength to support fire vehicles, PAGE 7Z shall be a minimum of sixteen (16) feet in width, shall generally be within fifty {SO) 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, (1 e breakable chains, low-level plant material), unless otherwise approved by the Planning and Zoning Commission Article 4 Z0 Monuments and Markers A Monuments Concrete monuments, six (6) inches in d~ameter 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 ~f 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 75 shall apply to lots that have prewously been platted and/or developed and are now currently bezng redeveloped For such area the existing community facilities of streets, water and sewer shall be considered the responsibility of the C~ty 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 tzme of original platting or development, the full require- ments of this subdivision/development ordinance shall be applied, lncludxng all required improvements and facilities A zoning change from szngle famxly to multi-family, commercial or zndustrlal is deemed a significant change for the purpose of this Article Article 4 22 F~l~ng Fees No prelzm~nary or final plat, replat, or general development plan shall be accepted for f~l~ng for revzew by the Planning and Zoning Commission unless the person w~shlng to f~le such plat, replat, or plan first pays to the Director of Planning and Com- munity Development a filing fee of f~fty-flve dollars ($55 00), provided, however, that zn cases where a replat xs to be f~led and state law requires notxflcatzon of lot owners because of such proposed replat the f~llng fee shall be one hundred ten dollars ($110 00), in addition to a fee of two dollars ($2 00) per lot owner requzred to be not~fled SECTION II That any person vxolatxng any of the prows~ons of this ordinance shall, upon conwctlon, be fined a sum not exceeding Two Hundred Dollars {$200 00), and each day and every day that the provxszons of this ordinance are violated shall constitute a separate and dlstznct offense This penalty zs in addition to and cumulative of, any other remedies as may be available at law and equzty SECTION III That xf any section, subsection, paragraph, sentence, clause, phrase or word zn this ordinance, or application thereof PAGE 74 to any person or cxrcumstance is held ~nvalld by any court of competent 3urlsdlctlon, 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 remaznlng portions despite any such lnvahdlty SECTION IV That all ordinances or parts of ordinances ~n 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 ~ts passage, and the City Secretary ~s hereby directed to cause the caption of this ordznance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, w~thzn ten (10) days of the date of its passage the ~'~ day of~L~ , 1983 CI~ OF D~TON, TEXAS CH~R/L~OTTE ALLEN, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 7S INTHEMATTER OF CIT 0F NTON CBARLOTTE ALLEN Roy Appleton, Jr THE STATE OF TEXAS __ County of Denton being duly sworn, says he is the General Manager of the Denton Record- Chronicle, a newspaper of general circulation which ha~ been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- lng dates ORDINANCE NO, 83-70 subdivision & land development regulations 14 lines $11.20 JULY 14 & 157 1983 $ubscrtbed and sworn to before me this 15 ... day of __ J u LY ,19 8 3 Wltness myhanaandofficlalseal ~'~x_O~, .~-_ Notary Public, Denton County, Tex..s